02-23-88 Regular
CITY OF DELRAY BEACH
REGULAR MEETING - CITY COMMISSION
February 23, 1988
7:00 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 pro-
ceedings, 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. Proclamations:
Living Well in Delray Beach Month - March 1988.
5. Agenda approval.
Action: Motion to approve.
CONSENT AGENDA
6. COMMISSION ACTION RE: Application for permit to solicit by
Trinity Council Knights of Columbus on March 4-5, 1988.
7. COMMISSION ACTION RE: Ratification of SCRWTD Board approval of
contract for engineering services to be supplied by Hazen and
Sawyer.
8. COMMISSION ACTION RE:
Road.
Water Service Agreement - 140 Coconut
9. COMMISSION ACTION RE: Approval of inventory list of surplus
property prior to advertising and auction.
REGULAR AGENDA
10. RESOLUTION NO. 10-88: A Resolution requesting that the State
Legislature utilize certain of the funds in the State Infra-
structure Trust Fund for matching grants to local governments.
11. RESOLUTION NO. 11-88: A Resolution approving application for
Florida Inland Navigation District grant to renovate piers at
Delray Beach Municipal Marina.
12. ORDINANCE NO. 7-88: (First Reading) An Ordinance amending the
Zoning Code by deletion of "posting" requirements for rezonings.
13.
ORDINANCE NO. 8-88: (First Reading) An Ordinance
annexation. and zoning as Specialized Commercial (SC)
Mazda Dealership located northwest of the intersection
and Federal Highway.
for the
for the
of LaMa t
14. COMMISSION ACTION REi Agreement for adjusting utility lines
along Congress Avenue Road Widening Project.
--
15. COMMISSION ACTION RE: Award of Contract for renovation of the
Cason Cottage, located on the northeast corner of N. E. 1st
Street and Swinton Avenue.
16. COMMISSION ACTION RE: Request of a variance by Jeanne Stahl to
allow the construction of a dock at 1026 Seasage Drive.
17. COMMISSION ACTION RE: Proposal for purchase of parcel at the
corner of Swinton Avenue and Dixie Boulevard, Del-Ida Park Sub-
division.
18. CONDITIONAL USE AND SITE PLAN REOUEST: Requesting a conditional
use and attendant site plan for a storage building to be added
to a parcel which is adjacent to the Delray Plaza, South Federal
Highway. (Owner - Mr. Robert Wiebelt, by Agent - Mr. Robert
(Skip) Jackman.
19. WAIVER OF PROCESSING FEES FOR CONDITIONAL USE REOUEST: Request
for waiver of processing fees for a conditional use request for
Restoration Unlimited.
20. COMMISSION ACTION RE: Request for waiver of processing fees for
rezoning and subdivision associated with City Land exchange with
Ocean Properties located north of the Holiday Inn along AlA.
21. COMMISSION ACTION RE: Request for a variance by Woodbrooke
Condominiums, to allow a 10 foot hedge at the rear of the
property, 915-941 S. W. 20th Court.
22.
COMMISSION ACTION RE:
Prearrangement, Inc. to
Municipal Cemetery.
Agreement
provide
between the City and Total
mausoleum facilities at the
23. COMMISSION ACTION RE: Lease agreement between the City and Palm
Beach County Cellular Telephone Company.
24. COMMISSION ACTION RE: Joint project agreements between the City
and the Department of Transportation for installation of traffic
signals at six intersections on Atlantic Avenue.
25. COMMISSION ACTION RE: Award of Bids and Contracts.
a. Two tractors and mowers for Parks & Recreation Department
(Bid 88-46).
b. Rehabilitation of storm drains on Banyan Drive, Bolender
Drive and Spanish Trail (Bid 88-43).
c. Rental Rehabilitation Program - Deferred Loan Contract Award
(Bids 88-29,88-35 and 88-49).
d. Concrete posts in the Florida East Coast Railroad right-of-
way (Bid 88-41).
26. COMMISSION ACTION RE: Settlement of lawsuit - Wendell Robinson
vs City of Delray Beach.
PROCEDURAL ITEMS
27. Comments and Inquiries on Non-Agenda Items by Citizens.
28. Approval of minutes of Regular Meeting of February 9., 1988 and
Special Meeting of February 10, 1988.
29. Comments and Inquiries on Non-Agenda Items:
a. Commission
b. City Attorney
c. City Manager
AGENDA 2-23-88
Page 2
MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
FROM:
CITY MANAGER
SUBJECT:
AGENDA REPORT - MEETING OF FEBRUARY 23, 1988
DATE:
February 19, 1988
CONSENT AGENDA
Item No.6. We have received a request from the Knights of Columbus to
conduct a charitable "Tootsie Roll Drive". The Tootsie Roll Drive is
scheduled for March 4th and 5th and collections will be solicited from
patrons of store fronts throughout the City.
The Tr ini ty Council, Knights of Columbus conducted a similar solici-
tation in Delray Beach in 1987.
Recommend approval of application for a permit to solicit in the City
of Delray Beach made by the Trinity Council. Knights of Columbus.
Item No.7. At their January 20, 1988 meeting, the SCRWTD Board
approved a contract for engineering services to be supplied by Hazen
and Sawyer, Engineers. Hazen and Sawyer will assure that the design of
the odor control devices previously approved are compatible with
existing equipment and shall further provide detailed drawings and
documents and bid and acquisition support to the Board for the
equipment. The services provided are described in an amendment to
their existing engineering services contract which is being presented
for ratification. The Boynton Beach City Council approved the
amendment at their February 2nd meeting.
Recommend approval of an amendment to a contract for
services required for building odor abatement facilities
SCRWTD Board and Hazen and Sawver. Engineers.
Item No.8. This item is a request for approval of a water service
agreement between the City and the owner of the property, at 104
Coconut Road, south of Seacrest Boulevard. This parcel is located in
an enclave which has a water main already present to provide water
service. There are no unusual aspects to this request.
engineering
between the
Recommend approval of water service aareement between Mark McCann and
the City for provision of water at 140 Coconut Road.
Item No.9. The City I s Administrative Pol icy and Procedure prov ides
that an inventory list of surplus property be provided and approved by
the City Commission prior to advertising and auction. We propose a
late March or early April Saturday for the auction of surplus
properties identified.
Recommend approval of surplus propertv listed on the attached auction
inventory list.
-1-
AGENDA REPORT
Meeting of February 23, 1988
REGULAR AGENDA
Item No. 10 (Resolution No. 10-88). This is a Resolution urging
theFlorida State Legislature to utilize the State Infrastructure Trust
Fund for matching grants to local governments. These grants would
assist cities in meeting infrastructure requirements set forth in
Section 163.3177 which requires comprehensive development plans and the
identification of funding for capital improvements. This resolution
has been adopted in similar form by the Cities of Lake Worth, Palm
Springs, Lantana and others.
Recommend approval of Resolution No. 10-88.
Item No. 11 (Resolution No. 11-88). This is a Resolution approving an
application for a Florida Inland Navigation District (FIND) grant to
renovate the 10 finger piers at the Delray Beach Municipal Marina. An
inspection of our marina was conducted by Coastal Planning and
Engineer ing, Inc. which issued a report on January 11, 1988
recommending that all 10 finger piers be replaced. A copy of Coastal
Planning and Engineering report is available in the Commission office.
We expect the renovation costs to total $150,000. The FIND grant
program is a 50/50 matching grant with payments made to the City on a
reimbursement basis. Funding is available from an existing reserve in
the Marina Fund and in the Capital Improvement budget. Last year the
City expended approximately $160,000 to replace the seawall at the
Marina. This additional improvement with a net cost of $75,000 to the
Ci ty will raise the total capital investment $235,000. The Marina
generates approximately $78,000 in net revenue per year and thus pay
back will be accomplished within four years. No additional capital
improvements are foreseen and the investment is a cost effective one
for the City.
Recommend approval of Resolution No. 11-88.
Item No. 12 (Ordinance No. 7-88). This item is first reading of an
Ordinance amending the Zoning Code by deletion of "posting" require-
ments for rezonings. This amendment was initiated administrativelyand
follows approval at your January 26, 1988 meeting to facilitate
annexations and zoning of enclaves. Our Code presently requires that
properties being rezoned be posted prior to Public Hearing. The
posting requirement is a local option and is not mandated by State
law. While this item has not been formally reviewed by the Planning &
Zoning Board, it is scheduled at their February 22nd meeting. Should
Commission approve this Ordinance, a Public Hearing will be held at
Second Reading on March 8, 1988.
Recommend approval of Ordinance No. 7-88 amending the Zoning Code by
deletion of "postina requirements" for rezonings.
Item No. 13 Ordinance No. 8-88). This item is a First Reading of an
enacting Ordinance for the annexation and zoning as Specialized
Commercial (SC) for the Mazda dealership and associated property
located northwest of the intersection of LaMat and Federal Highway.
This item is being presented at the request of owner William
Chamberlain who is represented by Roger Saberson, Attorney. The issue
involves expansion of an existing dealership. The expansion has been
challenged by the adjacent property owner and, while recommendation in
favor of the annexation and zoning was made by the Planning & Zoning
Board at its January 25, 1988 meeting, a technical defect in the
advertising was identified by Attorney Saberson who requested a re-
hearing before the Planning & Zoning Board. This rehearing will occur
on Monday, February 22, 1988 at which time a favorable recommendation
is expected again. The controversy between the neighboring owner and
Chamberlain has been determined by the City Attorney to be a private
matter. This item contemplates a second approval by the Planning &
Zoning Board on Monday, February 22nd.
Should the City Commission adopt the Ordinance, a publ ic Hear ing will
be held at Second Reading which is tentatively scheduled for March 8,
1988.
-2-
AGENDA REPORT
Meeting of February 23, 1988
Recommend approval o,f Ordinance No. 8-88 enacting an Ordinance for the
annexation and zon1ng SC. for property located northwest of the
intersection of LaMat and Federal Highwav known as the Mazda Addition.
Item No. 14. This item involves acceptance of an agreement between the
City and Palm Beach County and relates to construction along Congress
Avenue from Atlantic north to the L-30 Canal. Congress will be widened
six lanes complete with curb and gutter and is a County funded project.
As with virtually all projects of this size, certain known and unknown
utility conflicts exist. When these conflicts occur the responsible
party must relocate in order to expedite completion of the larger
project. Water lines, fire hydrants, valve boxes and manhole rims are
involved in these conflicts. City staff negotiating with County staff
have determined the costs to resolve various conflicts including
relocation of water mains. We have the option of performing the work
ourselves or using prices quoted, having the onsite contractor perform
the work. We expect the utility conflicts and water main relocations
might cost as much as $99,510. Approximately half of this amount
covers known utility conflicts with the balance covering estimated
contingency items. An onsite City Inspector will be present to approve
any contingency work and will assure that known conflict structures and
water main relocations are performed as required. Funding is available
in the Water and Sewer Renewal Replacement Reserve.
Recommend approval of agreement between the City and Palm Beach County
for adjustina utility lines along Congress Avenue Road Widening Project.
Item No. 15. This item involves award of a contract for renovation of
the Cason Cottage at N. E. 1st Street and Swinton Avenue. Bid
specifications were developed by Community Development staff in
consultation with the Historic Preservation Board. Alternate bids were
advertised for (1) a simple rehabilitation and for (2) historic
property renovation.
Bid opening on November 24, 1987 produced three valid bids. Following
staff analysis and review of both alternate bids and a recommendation
by the Historic Preservation Board, First Construction Company, Inc. IS
low bid of $30,915 for the historic renovation option is recommended.
The low bid was below staff estimate for a simple rehabilitation and is
the best and most cost effective approach to take on this important
property. Funding is available through savings which will be
identified in various departmental and capital improvement budgets.
Recommend award of a contract for renovation of the Cason Cottage at N.
E. 1st Street and Swinton Avenue to First Construction Company. Inc. in
the amount of $30.915.
Item No. 16. This item is a request for a var iance by Jeanne Stahl at
1026 Seasage Drive. The request is strongly opposed by an adjacent
property owner, a copy of whose letter is enclosed in the agenda
packet. The City has been involved in this issue for almost one year
and based on the undisputed facts, Engineering recommends denial for
the request for a variance.
Apparently the Stahls constructed a dock initially without a permit
from the Engineering Department and then following acquisition of a
permit, the dock was constructed too close to the neighboring McArthur
property. In reviewing the correspondence this appears to be a private
matter between the parties involved in the dispute. At the same time,
however, it is evident that there are Code compliance questions
involved.
Recommend denial of variance but with a 60 dav extension regarding the
imposi tion of penalty dur ing which time the issue can be mediated by
the two parties.
-3-
AGENDA REPORT
Meeting February 23, 1988
Item No. 17. The City Attorney has completed negotiations with the
owner of the property at the corner of Swinton Avenue and Dixie
Boulevard in the Del-Ida Park Subdivision. Acquisition of Lot 13,
Block 4 in the subdivision would allow the City to proceed with
development of a cul-de-sac at Swinton Avenue and Dixie Boulevard. The
sale price of the property, $12,000, will be inclusive of closing costs
and incidental fees associated with acquisition. The purchase price
reflects the appraisal value of the property.
Recommend acceptance of the offer for sale of property in the Del-Ida
Park Subdivision. Lot 13. Block 4 and that the City Attornev be
authorized to neaotiate a sales contract on behalf of the City with
closing as soon as possible thereafter.
Item No. 18. At your meeting on February 9th, Commission denied the
conditional use request and attendant site plan for a storage building
to be used in conjunction with the Delray Plaza Shopping Center.
Representatives for the proposed storage facility have contacted us and
requested that reconsideration be given to this matter. Mr. Skip
Jackman was not in attendance at the February 9th meeting and would
like an opportunity to present his position on behalf of the project.
Should the Commission vote to reconsider this item, it can be placed on
a future agenda.
Recommend Commission action on the request for reconsideration.
Item No. 19. This item is a request for waiver of a conditional use
request fee from Tony Allerton, Applicant/Agent for Restoration
Unlimited. The proposed use of the former Bill Wallace Nissan facility
at 10th Street and Federal is for a component of a substance abuse
program. Individuals involved in rehabilitation will participate in a
controlled work environment using mechanical skills they will be
learning. The Planning & Zoning Board at their January 25th meeting
determined that the vocation activity falls under a similarity of use
provision and that this vocational rehabilitation activity is allowed
as a conditional use. This facility will operate under the auspices of
a non-profit, tax exempt agency organized under Charter 50l-C-3
provision of IRS statutes. The fee involved totals $385 which is used
to pay direct costs including advertising and mailing and indirect
costs associated with processing the conditional use request.
The actual hearing on the conditional use activity will be held March
21st by the Planning & Zoning Board.
Recommend approval of a waiver of conditional use fees for Restoration
Unlimited in the amount of $385.
Item No. 20. This is a request by Currie Schneider Associates
representing Ocean properties for a waiver of rezoning and subdivision
fees in conjunction with a land exchange between the City and Ocean
Properties. This involves exchange of property owned by the City
immediately north of the Holiday Inn and east of the Beach Fire
Station. The transaction was previously approved by resolution. In
return for transfer of the present City owned property, a 50 foot wide
strip of land extending between Andrews Avenue and Highway AlA will be
conveyed to the City. This exchange will facilitate future plans by
Ocean properties and will allow expansion of City owned parking spaces
f rom the present 24 up to 44. The developer will pay all costs for
construction of the replacement parking lot. To accomplish the
exchange a Land Use Plan Amendment, rezoning and a subdivision plat are
necessary. Because this is a joint project the associated costs are
proposed to be shared. Ocean Properties will pay $1,100 fee for
processing a Land Use Amendment needed to complete this transaction.
Recommend waiver of a rezoning fee of $825 and a subdivision plat fee
of $880 associated with a land exchange between the City and Ocean
Properties.
-4-
AGENDA REPORT
Meeting of February 23, 1988
c. Rental Rehabilitation Program - Deferred Loan Contract Award -
(Bid Nos. 88-29, 88-35 and 88-49) -
211 S. Swinton Avenue First Const of Palm Beach $83,727
342 N. E. 3rd Avenue Henry L. Haywood 20,190
112 N. Swinton Avenue Henry L. Haywood 10,170
236 S. E. 3rd Avenue B & Jr. Construction 30,782
117 S. W. 4th Street Henry L. Haywood 16,000
d. Installation of concrete posts to form decorative barricades in
the Florida East Coast Railroad right-of-way in conjunction with
the Downtown Beautification Project R.P.M. Construction
Company, Inc. - $23,805.
Item No. 26. This item involves an offer of settlement over a claim
filed against the City for false arrest. The plaintiff has offered to
settle with the City and dismiss his claim upon payment of $1,259 to
the plaintiff from the City. While very little litigation expense has
occurred up to this time and it is likely costs will ultimately exceed
settlement being offered here, we believe that acceptance of the offer
would not be in the best interests of the City. In fact, the City
Attorney believes our position will be upheld and to settle would
invite similar, unfounded claims against the City in the future.
Recommend reiection of an offer from Moses Baker. representin9 Wendell
Robinson to dismiss charaes a9ainst the City in return for payment of
$1. 259.
-7-
AN OPEN LETTER TO:
February 22, 1988
Commissioner Mary McCarty
Delray Beach Commission
City Building
Delray Beach, Fla. 33444
Dear Commissioner McCarty:
We support our family out of the Delray Swap Shop and
were shocked to find out we were one of the hundred
dealers that you have requested be eliminated and put
out of business.
.
You have said that parking is the big problem.
have asked that all parking on Federal Highway
ated and other nearby parking lots be closed.
Yet, you
be elimin-
Maury's Tool Chest and Le Petit Chalet both built their
businesses near the Swap Shop and immediately started
complaining about the existing traffic even though they
were closed during swap shop hours. With all these
businesses outside Delray City limits, it seems you would
be more interested in first solving problems in your
jurisdiction that are more pressing, such as Atlantic Avenue.
A lot of little merchants are being hurt by heavy-handed
tactics. If you would only sit down with us and our
landlord, many problems could be mutually worked out.
Before next year's City Commission election, there will
be thousands of Delray voters attending the swap shop.
Wouldn't it be nice of you to help make things more
convenient for them?
l1slrcer~~I;' ~.
/ Co./..: ~(/
R slyn ron ... 7Yt.___
Rainberry Bay
Delray Beach, Fla.
TO
(7y\
FROM
DEPARTMENTAL
CORRESPONDENCE
[ITY DF
DELRAY BEA[H
7~(i
Walter Barry, City Manager
David M. Huddleston, Director of Finance
S E T Agenda Item 1111 -- February 23, 1988
UBJ C
eM 362
DATE
2/22/88
After having reviewed the agenda that was distributed to me
on Friday, I would advise you of the following:
5]C
1. The City Marina Fund is an enterprise fund and does not have
a fund balance. It does have a category of retained earnings,
however the retained earnings amount of $128,718 does not repre-
sent available funding sources and in fact the Marina Fund
has a net current liability of $19,683. Currently there is
not any available cash in this fund. The offset on the asset
side to the retained earnings are the total net property,
plant and equipment of $249,290. The remaining fund equity
is comprised of contributed capital of $100,889.
2. The Marina Fund has gross revenues of approximately $78,000
per year, however after expenses the fund realizes approxi-
mately $30,000 per year in net income.
DMH/ sm
THE EFFORT ALWAYS MATTERS
"'::.."f.~."._. ~'... ',;J'f " ...."... ';-', , Il"" . <?';',I .~.
...,,,_,,.-.l:'~'" ",.;-....... .-.... ,.,.....
. ." ~ ", '''. .....' .
Jiinightll of <!Tolumbus
TRINITY COUNCIL, No. 4839
P.O. lIoK 687
Boynton Beach, Florida 33435
-...
first oncl Third
Wod_
February .8, 1988
To Whom It May Concern:
Annually the Knights of Colunbus conduct a charitable drive
referred to as our "Tootsie Roll Drive." Monies derived from this
program go entirely to support hospitals serving the Mental Retarded-
Hanicapped Children.
The dates of this drive are March 4th, 5th, and 6th.
Your cooperation and help will be greatly appreciated by those
in need, as well as the Knights of Colunbus.
I
t
I
Sincerely and Fraternally yours,
-)s~~ .L Y):si:;Z~~
Dominic V. D' Amico, Grand Knight
Trinity Council #4839
Boynton Beach, Florida
b
1
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-'
Chapter 22 of the Code of Ordinances
Adopted June 8, 1982
APPLICATION FOR PERMIT TO SOLICIT
IN ~E CITY OF DELRAY BEACH, FLORIDA
-Uoh-,.y (()t.f~~/L ,fN'ItfH1)" ~I' C~L(lm eLlS
Name of Organization
..I.1/~ ()L,j /JI)I'f! J.I,c.I'IW'Iy. /ly'#./Ii"'J.~'. 1J~' GII<I
Address ' Telephone Number
Incorporated: Yes: /' No: V
-1J~Itf. f}'IJ~/'() c;ANtI -fPt~II""
Names of Officers and Directors
Date of Incorporation:
.PAt/. .JcNM' tiT" b'Ac.:ri"..
A.lm ell'" '""... ,.
.f:UIIIICII /'4-/ Kill .
C IIA~ 1~181.t! 71rA"J"I.. /R/J-ri!t'1l11n (
Purpose of Organization
I
t
Name of Local Paid Executive:
K:N~
KIND OF ACTIVITY:
'1:,rslll J(?,1.J..1J~1l11l" c;,.,16 .",..-r:.r,sI4.Ji'.I..I.r ... th.'tJN""A~,/ O.Jlf7":oll/
(General Solicitation, Ball, Motion Picture, etc.) .
/-Iei.t:., HANa'. Cl9fr.~eI ANtJ R4T'l'IlfrJ~ct G".I~.e"/
Speci 1C Purpose of So11c1tation
The applicant shall attach to this Application on a separate Exhibit A. a
list of persons, includinq their address and telephone number, who shall
be available to answer inquiries during the hours when the solicitation is
being conducted from all persons being solicited, relative to verificatian
of the identity of solicitors and the nature of the solicitation. Thia
Exhibit A need not be published as part of the required publication set
forth in Section 22-49 of the Charitable Solicitations Ordinance. Failure
to provide such list,.or to comply with the availability requirement set
forth above may result in revocation of the permit to solicit~
.:r;.s~ /'I f?N"" 1{i'7V.sC(ftly 13 t<IAl6~ ~/Arr ;)"ite~y.J~4"'('
Name and Address of Local Cha1rman or Person Direct ng So
", 5()~() lid
19~C.I.(
Dates of So
L/ >l-J-
citation
Goal
C"LLI:C-,I.-;.s frOM !?'n,AI..G.~ Jroe.~ (r-If.oAJT'1) j)'NIf-r..IJ./
Methods of Solicitation
~AU ~LJ.v ~.~.e.s .tJfl/i.y
Paid Promoters or Solicitors
Percentage Agreement
t%Ale c.sr.,1.-rs,. ~ !?JSl'tf...c.
Estimated Administrative Cost of Fund Raising Items Underwritten
in Delray Beach
, -:'
-.-'--t;-1.;
Estimated Percentage of proce~ to
be expended in Dalray Beach: 'Nf/J#ttl A(Jtu~...... II;,
. .
.
LATEST SOLICITATION IN THE CITY OF DELRAY. BEACH:
$ r.. j).NI9t'U. )
Total Amount collected in 19.f:L. l/J. 14 IA'~G /ItII- 7~J. _ 1..10.0
Total Expenses in 19 -.ll. ,..r ON I!.
Remitted to a.L!___l .. State in 19~
~t#0
Amount of Proceeds Expended in Palm Beach County in 19ft ., .5""."e
To this form must be attached:
Copy of Charter
Copy of By-Laws
Statement of income and expenditures
regional and national organization.
I
~
,
for previous year for local,
The applicant hereby agrees that prior to allowing solicitors to
undertake activity soliciting charitable contributions that the applicant
will inform each solicitor of the nature and purpose of the drive and
provide each solicitor with a copy of the advertisement or other publicatic
approved under Section 22-49 of the Charitable Solicitations ordinance. Th
solicitor shall be informed that he is to show this material to any person
raising a question as to the expenditure of funds being solicited.
The applicant further agrees to acquaint said solicitors with all the
rules and regulations provided in Article III, Chapter 22, Code of Ordi-
nances of this City, and agrees that any violations thereof will Subject th
organization to punishment as provided therein, including the revocation of
the right to solicit in this City.
This application shall be sworn to by the applicant and shall be accon
panied by a consent of the charitable organization involved consenting to
the solicitation of funds on behalf of said charitable organization.
J(VI4H-rS (g" {;,I.v,.,,,,,,s
Name of Applicant
r---. . 7 '"' ~ .
By: 7;,'~/(-"/~" .;? (/z',~, ('.l.
~ /
Title: C.eIJ,.,.tt /('Nltt~r
SWORN TO AND SUBSCRIBED before me this .1 day of
1c-t~ 19 ,ry. i
/ ot y Public, State of Flo
./ My COllUllission Expires:
City Council:
Approved:
Disapproved:
Notary PublIc. State of Florida allaroe
My Commission Erpires Jan. 15. 1989
BONDED THAU HVCKLEBE"""', SIBLEY
, H"'~VEY INSURANCE" eONDS. INC.
!
-2-
. ,
mr.~l'l'H'IQ\'I'ION C1\IW
In C'o;.',lpliollce \./il:h 1\rticll.J III, ChClptcr, 22 of the Code
. CIlY 01:' DJ~IJlAY DE1\CII, l"LOIUDi\
By law this cilrcl mu 1;; l; be rtl <leI or p're ~Cll teeI
to illl prolipectivQ eIonors.
NO'r AN ENDORSEI-tEN'l' FOP.. INI:~ORMl\.TION ONLY
Palm Beadl CountyChilpter of .
. 'II /II1C:;H1"~ .,; GI..rM (5&J.$ -4fJf
Will conduct its annual appeal;
From /J?n ~ l. J~ J../ to Mil R. Go ,,., .tJ-. I r' a
Distribution of $
Income Last Ycar
Fund Raising,
Admini3tr~tion and
Public Info~ation
-
~ CDO
Research
Patient. Service
Public Health
Information
Reserve FuneI
$'
$
$
e.>
"
"
"
1/-/1t ~ if t;" ~ ~ '" .ol..cu.;ft.I. c
. . ,...._~ It~AA";lfd 6
. " . '(II",,"
()
€>
$#-9N'LeJ
$
Transmitted to
IT lL 11,
State or Area $ ~ 0 c;J 0
",
Total Distribution $ ftl ~f!)'
/ICj;"
Each Dollar contributed to t;,r-G"~ R",(~
j"eJ';~ -1fI',w DPK":"'4 cI r. HlINoIl,C'''Il'j'<cI. ~.{b;,(J/t,d tDlI i";
last year was spent as sho~m below.
-~"
Fund Raising, ",
Administration and .
Public Information
"
paticmt
Service
%
\
---"""
\
)
I
I
I
/
/..,
./
5,,; 1'110'/1
Noto;!: Conlpliancc with other at'pl.i.~ablCl 1;\W9 i.s not
waived by the issuance of a permit ~o solicit.
To bo used only by the solicitor, whose signature
appaars bolow. Coml?ilro with your receipt.
--r~7'~,~.,-
Do.lici~or
Expiro:i: ~, I 1.111
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AMENDMENT TO
CONTRACT FOR ENGINEERING SERVICES
PROJECT NO.
SCREENING BUILDING ODOR ABATEMENT PROJECT
This Amendment to the Agreement entered into and effective
this day of , 1988 by and between the
SOUTH CHNTKAL REGIONAL IASTHIATH& TREATMENT AND DISPOSAL
BOARD, hereinafter referred to as "BOAlD" and HAZEN AND
SAWYER, a professional corporation doing business as HAZEN
AND SAWYER, P. C., hereinafter referred to as "ENGINEEI.'l.
WITNESSETH:
For and in consideration of the mutual covenants hereinafter
contained. BOARD hereby retains ENGUIEElt and ENGINE.R' s
covenant to perform for BOAlD, professional services I in
connection with the Screening Building Odor Abatement Project
and in accordance with the terms and provtsions hereinafter
contained.
A. SERVICES TO BE RENDERED:
At the November 1987 meeting, the BOAJI.D rejected bids on
the Odor Abatement Project and requested that the scope of
work be increased to add chemical addition upstream of the
screening building on the plant site. Overall control of
on-site generated odors can be better monitored and treated
in a cost effective manner for both Ci ties. The
ENGINEER's wi 11 add the required faci li ties to the
contract package, meet with the City's Utilities Directors,
issue the contract package for bids and make
recommendations to the BOARD for award of the contract.
The scope of work for specific tasks are as follows:
TASI 3A - DESIGN CRITERIA
The ENGINEER shall inspect the existing facilities,
develop design criteria with respect to chemical
requirements and confirm material compatibility with
existing equipment. The ENGINEEl shall meet with
the utility representatives from the Cities of Boynton
Beach & Delray Beach to review and obtain design
criteria concurrence.
4730
Hwd:lOlZC/01-14-88
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TASI 3B - DETAILED DESIGN SERVICES
The ENGINEER shall make all field measurements,
prepare contract drawings, documents and technical
specifications suitable for bidding purposes. The
ENGINEER. shall notify the regulatory agencies. of the
increased scope of work and to obtain the DER
construction permit.
TASI 3C - BIDDING SERVICES
BOARD shall advertise in the local newspapers for
bidders. During the bidding period ERGINEER shall
answer all questions, meet with interested bidders and
equipment suppliers, attend the bid opening, compile
the bid results, evaluate low bidders and make
recommendations to BOARD for award of contract.
B. COMPENSATION:
The BOARD shall reimburse the ENGIREER. for
rendered for the not-to-exceed totals listed below.
servifes
~
,
TASK 3A - Design Criteria $ 2,300
TASK 3B - Detailed Design Services $ 18,600
TASK 3C - Bidding Services $ 3,000
The compensation shall be based upon the same overhead, fringe
and profit factors as stipulated in the original Agreement.
4730
Hwd:1012C/Ol-14-88
A-2
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DEP ARTtv,cNT AL
CORRESPONDENCE
[ITY DF
DELRAY BEA[H
TO ~lter O. Barr~" City Manager
~('1.'---~ j. ~0Cl,eL--
FROM Dav10 J. Kovacs, Director
Department of Planning and Zoning
SUBJECT
CITY COMMISSION DOCUMENTATION
MEETING OF FEBRUARY 23, 1988 - CONSENT ITEM
WATER SERVICE AGREEMENT FOR McCANN, 104 COCONUT
February 16, 198f
ITEM BEFORE THE COMMISSION:
The action requested of the Commission is that of approval of a
water service agreement. Approval is by motion authorizing the
Mayor to execute the agreement.
In many instances, a water service agreement goes before the I
Planning and Zoning Board prior to action by the City Commission. ~
In this particular case service is readily available and the I
parcel~in an enclave. Since this is a very straight-forward and
simple request, the item has been forwarded directly to the
commission for action.
BACKGROUND/ANALYSIS:
Since this request is for an existing use and no further
development is anticipated it is assessed as follows:
1.
The use is a single
inspected the site
overcrowding or code
family home.
and there is
violations.
Code Enforcement
no appearance of
2. The parcel is not contiguous and therefore is not
eligible for annexation.
3. An 8" water main lies in Coconut; thus, no extension or
upgrading of facilities is necessary. Connection will
be via a one inch (1") service line tap.
4. The existing use is consistent with the zoning proposed
pursuant to the Enclave Report and our Land Use Map.
5. There are no public improvements which will be required
as a condition of annexation at a future date. The
area does lack sewer, as does similarly situated
properties which are within the City.
<6
:~.~ :362
TYE EFFORT ALWAY~ MATTER~
,t
To: City Commission Documentation
Re: Meeting of February 23, 1988 - Consent Item
Water Service Agreement for McCann, 104 Coconut
Page 2
There are no unusual aspects to this request. Upon approval of
the agreement, Mr. McCann will work with Public Utili ties in
order to obtain service. The legal description has been verified
by the City Engineer. The form is standard. Some minor
corrections are necessary prior to sign-off by the City
Attorney's office. A location map is attached.
ALTERNATIVE ACTIONS:
1. continue for further information.
2. Approve.
RECOMMENDED ACTION:
I
I
,
Approval.
Attachment:
- location map
copy:
Bob Pontek, Director of Public Utilities
Project File
REF/DJK~15/B:CCDOCMC.TXT
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TO
FROM
DEP ARTf\..ENT AL
CORRESPONDENCE
Walter O. Barry, Cit~ Manager
0\
. David M. Huddleston, Director of Finance
SUBJECT City Auction
..
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[ITY DF
DELRAY BEA[H
~~(j
C ii, 02-05-88
Attached is the Auction Inventory List of personal property which the
various City departments suggest be included in City Auction.
Per Administrative Policy and Procedure Number PUR-10, this list shall be
approved by the City Manager and City Commission prior to advertising and
holding an auction.
If this list is approved, the tentative date for auction is late March or
early April.
DMH/tg/sam
cc: Elizabeth Arnau, City Clerk
Ted Glas, Purchasing Administrator
Barbara Schooler, Financial Management Analyst
THE EFFORT ALWAYS MATTERS
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1988 CITY OF DELRAY BEACH AUCTION ITEM LIST
I. VEHICLES
A.
Owned Cars and Trucks (by Department)
Police
a. 15 cars
Parks and Recreation
a. 1 car
b. 9 trucks
Utility Billing
a. 1 truck
Public Works
a. 1 car
b. 2 trucks
c. 1 dump truck
Fire
a.
b.
City
a.
City
1.
2.
3.
4.
5.
6.
2 cars
1 truck
Hall
1 car
B.
Confiscated (seized) Vehicles
1. Police
a. 1 car (Corvette)
C.
City
1.
Owned Motorcycles
Police
a. 1 motorcycle
b. 2 scooters
and Scooters (by Department)
II. ITEMS LIST, STOLEN OR ABANDONED (IN POLICE CUSTODY)
A. Televisions (48)
B. Bicycles (39)
C. Jewelry - Various
1. Rings (18)
2. Necklaces (10)
3. Bracelets (8)
4. Watches (15)
5. Earrings (1 pair)
6. Charms (4)
7. Tie Tacks (3)
8. Cufflinks (1 pair)
9. Money Clips (3)
10. Lighters (4)
11. Key Chains
D. Tools - Various
1. Screwdrivers (12)
2. Pliers (5)
1
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3. Lugwrench (6)
4. LUjlnuts (60)
5. Hammers
6. Bolt/Wire Cutters (2)
7. Router
8. Manual/Power Saws (2)
9. Chisel
E. Hunting/Kitchen Knives (6)
F. Car Radios - Various
1. AM/FM Cassette (5)
2. AM Radio
3. 8-Track Player (3)
G. Audio Visual Equipment - Various
1. AM/FM Stereo Turntables (2)
2. Movie Camera
3. Movie Projector
4. AM/FM Radios (2)
5. Video Recorder
6. Speakers (4) I
7. Radio Cassette Players (6)
8. Tape Recorder t
9. Cable TV Converter ,
10. CB's (4)
11. Telephone Answering Machine
12. Binoculars
13. Scanners (2)
14. Small Calculator
15. Adding Machine
16. Typewriter
17. Telescope
H. Clothing - Various
1. Mens
a. Underwear
b. Shorts (2)
c. Tank Top Shirts (2)
d. Belts (2)
2. Womens
a. Underwear
b. Sweater
c. Jumpsuits (4)
d. Dresses (4)
e. Jackets (2)
f. Purses (2)
3. Juvenile
a. Baby Clothes (17)
1. Lawn Mower
J. Hatchet
2
-,~
K. Hubcaps (5)
L. Bottle of Cologne
M. Box of Liquid Ultra Glow
N.
Toys
a.
b.
(1)
Plastic Guns (2)
Seerite Projector
O. Sunglasses (2)
P. Ceramic Dishes (6)
Q. Life Jackets (2)
R. Fishing Lures (7)
S. Postal Scale
T. Flare Launcher
U.
Straw Basket with Handles
III. CITY OWNED MISCELLANEOUS EQUIPMENT (BY CATEGORY)
A. Office Equipment
1. Transcriber (1)
2. Calculators (4)
3. Cabinets (16)
4. Typewriter Stands (4)
5. Typewriters (9)
6. CRT Stand (1)
7. Word Processors (2)
8. Micro Computer (1)
9. Lockers (4)
10. Hat and Coat Rack (1)
11. Printer Sound Shield Cover (1)
12. Copiers (6)
13. Microfilm Machine (1)
14. Microfilm Viewer (1)
B. Office Furniture
1. Sofa (1)
2. Stools (3)
3. Chairs - Assorted Types (116)
4. Chair Racks (4)
5. Desks and Credenzas (16)
6. Folding Tables (10)
7. Folding chairs (26)
8. Bookcase
3
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C. Office Supplies
1. Time Card Rack
2. File Frames - Legal (8)
3. Toner
4. Typewriter Ribbons (20)
5. Telephone
6. Empty Type Case
D. Electronic Equipment
1. Video Monitor
2. Video Player
3. Radio
4. Slide Projector
5. Cameras - Various (3)
6. Tape Recorders - Various (2)
7. Microphone
8. Microphone Stand
9. Amplifier
10. Antenna
11. Speakers - Various (4)
12. Vacuum Cleaners (2) I
13. A/C Units - Various (3)
14. Coffee Machine I
15. Turntable ,
16. G.E. Electric Motor
17. Standby Motor
18. Vacuum Pump and Pedestal Induction Motor
19. Motor Pump Type RFS 30
E. Miscellaneous Electrical Supplies
1. Light Fixtures - Various (8)
2. Flush Junction Box
3. Electrical Box
4. Box Lights and Accessories
5. Small Fuse Box
6. Small Breaker Box
7. Fuse Box with Breaker
8. AC Motor Starting Switch Box
9. Breaker Panel
10. Fuse Panel
11. Drive Box 30 HP Pump
12. Generator Stand
F. Kitchen Equipment
1. Drinking Glasses (48)
2. Ice Cooler
3. Ice Machine (2)
4. Deep Fryer
5. Hot Grill
6. Refrigerator (2)
G. Miscellaneous Equipment/Supplies
1. Coat and Hat Rack
2. Resuscitators (4)
4
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3. Gas Masks (2)
4. M&sk Cases (2)
5. Vents (2)
6. Oxygen Boxes (2)
7. Airway
8. Fire Mic
9. Fiberglass Rescue Board
10. Oxygen Cylinder
11. Dory Wooden Oars
12. Lawnmower
13. Weight Scale
14. Canvas Tennis Nets (4)
15. Grass Trimmer
16. Compressed Air Sprayer
17. Brush
18. Paint Handle
19. Life Support Jacket
20. Hook Rod
21 . Log Roller
22. Concrete Saw
23. Fan
24. Cones (11)
25. Sign Stand
26. Ladders - Pool (2)
27. Bush Axe (4)
28. Rake - Folk
29. Survey Sticks (2)
30. Miscellaneous Parts
31. Yard Rakes (2)
32. Dirt Packer
33. Tar Tank
34. Hammer Drill
35. Test Set-up
36. Timer - PCN (200)
37. Timers (0)
38. Timer Tester
39. Oscilloscope
40. Scotchlight Heatlamp Applicator with Vacuum
H. Automotive Parts
1. Car Bumper
2. Emergency Light Bars (3)
3. Seat Belt Brackets (6)
4. Car Cushions (10)
5. Mirrors (3)
6. Handbrake Cable (2)
7. Brake Shoes (5)
8. Transmission Filters (2)
9. Starter Drive
10. Toggle Switch
11. Points (9)
12. Condensers (6)
13. Spark Plug Wires
14. Sealbeam #4000 (3)
5
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15. Sealbeam #5001 (11)
16. Hose
17. Signal Switch
18. Headlamp Switch (3)
19. Battery Switch
20. Bush Hog Gear Head
21. Bush Hog Yokes (4)
22. Transmission Cooler
23. Impact Wrenches (6)
24. Air Ratchets (4)
25. Car Interior Moldings (6)
26. Car Radios (20)
27. Rotating Beacon Casings (10)
28. Base Station Radio Transformer
29. Base Station Radio
30. Hand Spotlight
31. Police Loudspeakers (8)
32. Police Car Cages (8)
33. Rotating Beacon Assembly
34. Radio Parts
35. Car Seats
36. Truck Bumper
37. Door Lock
38. Signal Switch
39. Signal Lamp Assembly
40. Circuit Breakers (2)
41. Wiper Motors (2)
42. Ignition Buzzers (5)
43. Sealbeam #4578 (2)
44. Light Repair Kit
45. Ignition Switch
46. Distributor Cap
47. Ignition Rotor
48. Fuel Filter
49. Thermal Limiter (2)
50. A/C Relay (3)
51. Park Lamps (2)
52. Spark Plug Adaptor
53. Horn Relay Switch
54. Tires (10)
55. Rims (8)
56. Grinder
57. Ohm Meter
58. Timing Light
59. Gas Nozzles (2)
60. Tire Changer
61. Light Switches (2)
I
f
I. Water and Sewer Equipment
1. Pacific Hoist Crane
2. Red Roder
3. Sewage Pumps
a. 5.4 HP (1)
b. 7.6 HP (1)
4. Meter Locators (2)
6
~
5. Drive Shaft - 7 ft.
6. Support Bar - 7 ft.
7. Ton Control Panel Door
8. Convertible Panel Door
9. Crocker Wheels - Joshua Hendy Motor
10. Small Drive Shaft Cover
11. Large Drive Shaft Cover
12. Round Deck Flange
13. Pipe (6 ft.) with Deck Flange
7
,t
RESOLUTION NO. 10-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, REQUESTING THAT THE
STATE LEGISLATURE UTILIZE CERTAIN OF THE
FUNDS IN THE STATE INFRASTRUCTURE TRUST FUND
FOR MATCHING GRANTS TO LOCAL GOVERNMENTS TO
ASSIST IN MEETING THE REQUIREMENTS FOR
INFRASTRUCTURE AS SET FORTH IN SECTION
163.3177, FLORIDA STATUTES, RELATIVE TO
REQUIRED COMPREHENSIVE DEVELOPMENT PLANS;
AUTHORIZING THE CITY CLERK TO FURNISH COPIES
OF THIS RESOLUTION TO THE LEGISLATIVE DELEGA-
TION OF PALM BEACH COUNTY, THE BOARD OF
COUNTY COMMISSIONERS OF PALM BEACH COUNTY,
THE MUNICIPALITIES WITHIN PALM BEACH COUNTY,
THE GOVERNOR AND CABINET OF THE STATE OF
FLORIDA, THE PRESIDENT OF THE SENATE, AND THE
SPEAKER OF THE HOUSE OF REPRESENTATIVES;
PROVIDING FOR AN EFFECTIVE Di\TE; AND FOR
OTHER PURPOSES.
WHEREAS, the sixth cent of salAs tax revenue will raise
approximately 1. 2 billion dollars per year: and,
WHEREAS, 550 million dollars of this new revenue must
be deposited into a State Infrastructure Trust Fund; and,
WHEREAS, cities and
share in this trust fund even
nues; and,
counties will not automatically
though it is from sales tax reve-
WHEREAS, one of the authorized uses of the money in the
State Infrastructure Trust Fund is for matching grants to local
governments to assist in meeting the infrastructure requirements
as set forth in Section 163.3177, Florida Statutes, relative to
local governments Comprehensive Development Plan; and,
WHEREAS, the City Council of the City of Delray Beach,
Florida, is aware that the St.ate has sever", infrastructure needs,
the City Council of the City of Delray B",ach is requesting the
State Legislature to also recognize the needs of the local
governments with regard to infrastructure, including but not
limited to utilities; and,
WHEREAS, the City Council of th", City of Delray Beach
desires to request the State Legislature t.o assure that some of
this new revenue will revert to local governments for local
infrastructure needs which are becoming critical, as well.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA. AS FOLLOWS'
Section 1~ The State Legislature is hereby formally
requested by the City of Delray Beach, Florida, to utilize a
portion of the money in the State Infrastructure Trust Fund for
matching grants to local governments to assist in meeting the
local governments' infrastructure requirements, as set forth in
Section 163.3177, Florida Statutes, relative to comprehensive
development plans as this is one of the authorized uses for the
money in the State Infrastructure Trust Fund and there is a
critical shortage of monies at the local government level in
order to provide the required infrastructure.
/0
Section 2. The City Clerk is hereby authorized and
directed to furnish copies of this Resolution to the Legislative
Delegation of Palm Beach County, Florida; the Board of County
Commissioners of Palm Beach County; the municipalities located
within Palm Beach County; the Governor and Cabinet of the State
of Florida; the President of the Senate; and the Speaker of the
House of Representatives of the State of Florida.
Section 3. This Resolution shall take effect upon
adoption by the City Council of the City of Delray Beach, Flori-
da.
PASSED AND ADOPTED in
day of
regular session on this
, 1988.
the
MAY 0 R
ATTEST:
City Clerk
- 2 -
Res. No. 10-88
DEPARTrv.....:NTAL
CORRESPONDENCE
TO
Walter O. Barry
City Manager
[ITV DF
DELRAY BEA[H
Joe Weldon
FROM Director of Parks and Recreation
SUBJECT
F.I.N.D. Grant
~U,;t.6/88
Attached please find an application and resolution for a Florida
Inland Navigation District Grant to renovate the 10 finger piers
at the Delray Beach Municipal Marina. The piers are in poor
condition as noted in the attached report from Coastal Planning
and Engineering.
The F.I.N.D. Grant program is a 50/50 matching fund program with
payments made on a reimbursement basis. Our source of matching
funds will be the $128,718.00 in the marina fund balance and the
$23,500.00 bUdgeted for capital improvements in the operating
bUdget. The marina generates approximately $78,000.00 irl
revenues each year. I
On February 11, I met with Walt Mayton, a commissioner for the
District. After reviewing the project, Mr. Mayton felt we had a
good chance of receiving a grant and encouraged us to apply.
Deadline for grant application is March 1, 1988.
This is a cooperative project between the Engineering Division
and the Parks and Recreation Department.
\ ,\, (1
~:. -{: 'vv~. ~-_>>v,j
Joe Weldon
Director of Parks and Recreation
JW:cc
Attachment
cc: Robert A. Barcinski
Assistant City Manager
File
eM 362
The ..:; . :,R r ALWAYS MATfEc.
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~LUlUUA lNLANU NAV1(.;AT IllSTl(lGT
GRANTS TO LOCAL GOVERNMENTS
. 1. PROJECT SPONSOR:
Lia1sOll Agent:
Title:
Address:
PROJECT PROPOSAL
City of Delray Beach
;~p Wp.lcinn
~irector. Parks and Recreation
SO NW 1~~ Avp _ nplr8V Re8ch. Fl. 11444
Telephone No:
(305) 243-7251
2. PROJECT TITLE:
3. PROJECT A}!OUNT:
Renovation of piers at City Marina
Total $ 150,000.00'
. FIND Share $ 75,000.00..
Source of Matching Funds:
Marina fund. balance.
4. OWNERSHIP OF PROJECT SITE:
Lease Interest
If Leased - Nsme of Lessor:
Fee Simple Title
x
Terms and Conditions:
:0.";"'. '.~
s. TYPE OF PROJECT:
Development
Combination
Other
Construction
6. PERMITS REQUIRED
US Armv Corns of Rngineers
Florida Dent. of Environmental
Regulations
DATE RECEIVED
P,::>nrling
ppnrfin~
OTHER:
7. ESTIMATED STARTING DATE:
ESTIMATED COMPLETION DATE:
May-June 1988
8. PREVIOUS FIND GRANT:
This Project Site _
Apr;l_M~y lQRQ
YES
NO
x
9. NAME:
Joe Weldon
SIGNATURE:
(r~ l J Jl.L
Director, Parks and Recreation
TITLE:
FIND - Ex.2
II
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RESOLUTION NO. 11-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, REQUESTING GRANT
ASSISTANCE UNDER THE FLORIDA INLAND NAVIGA-
TION DISTRICT GRANTS TO LOCAL GOVERNMENTS
PROGRAM FOR THE RENOVATION OF THE DELRAY
BEACH MUNICIPAL MARINA.
WHEREAS, the City of Delray Beach is- interested in
carrying out the renovation of the Delray Beach Municipal Marina
for the enjoyment of the citizenry of Delray Beach and the State
of Florida; and,
WHEREAS, the Delray Beach Municipal
twenty-one (21) permanent and three (3) transient
been in operation since the 1950's; and,
Marina offers
slips and has
WHEREAS, in 1987, the seawall wall was replaced at a
cost of approximately $146,000.00; and,
WHEREAS, the Marina's ten (10) piers
condition and in need of immediate replac~ment;
are in
and,
critical
WHEREAS, the Marina is part of the Downtown Redevelop-
ment Plan and ties in with Veteran's Park to form a pedestrian
riverwalk to enhance and improve recreation opportunities; and,
WHEREAS, Florida Inland Navigation District financial
assistance is required for this program; and,
WHEREAS, the City of Delray Beach 1s desirous of making
application to the Florida Inland Navigation District in the
amount of $150,000.00, which is fifty percent (50%) of the actual
cost of the project, in behalf of said municipality,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section I. That the City of Delray Beach will accept
the terms and conditions set forth in the FIND Grants Guidelines
which will be a part of the Project Agreement for any grant
awarded under the attached proposal as Exhibit "A".
Section 2. That the City of Delray Beach is in com-
plete accord with the attached proposal (Exhibit "A") and that it
will carry out the Program in the manner described in the propos-
al and any plans and specifications attached thereto unless prior
approval for any change has been received from the District.
~tion 3~ That the City of Delray Beach has the
ability and intention to finance its share of the cost of the
project and that the project will be operated and maintained at
the expense of said municipality for public use.
Section 4. That the City of Delray Beach will not
discriminate against any person on the basis of race, color or
national origin in the use of any property or facility acquired
or developed pursuant to this proposal, and shall comply with the
terms and intent of the Title VI of the Civil Rights Act of 1964,
P. L. 88-352 (1964), and design and construct all facilities to
comply fully with statutes relating to accessibility by handi-
capped persons as well as other federal, state and local laws,
rules and requirements.
jl
S~ction ~ That the City of Delray Beach will maintain
adequate financial records on the proposed project to substanti-
ate claims for reimbursement.
Section 6.
available to FIND,
project prior to. or
ten percent (10%) of
That the City of Delray Beach will make
a post-audit of expenses incurred on the
in conjunction with, request for the final
the funding agreed to by FIND.
PASSED AND ADOPTED in regular session on this the
day of . 1988.
MAY 0 R
ATTEST:
City Clerk
- 2 -
Res. No. 11-88
. t
EXHIBIT "A"
FWlllUA lNLAi'lU NAV1(;A. IN 1l1STtl!G'J:
GRANTS TO LOCAL GOVERNMENTS
PROJECT PROPOSAL
. 1. PROJECT SPONSOR:
Liaison Agent:
Title:
Address:
City of Delrav Beach
.Top tJpliton
Director. Parks and Recreation
~o NW IR~ Avp.. nplray Beach. FL 31444
Telephone No:
(305) 243-7251
2. PROJECT TITLE:
Renovation of piers at City Marina
3. PROJE~T AMOUNT:
Total $ 150,000.00.
. FIND Share $ 75,000.00..
Source of Matching Funds:
Marina fund. balance.
4. OWNERSHIP OF PROJECT SITE:
Lease I9terest
If Leased - Name of Lessor:
x
Fee Simple Title
Terms and Conditions:
5. TYPE OF PROJECT:
Development
Combination
Other
Construction
6. PERMITS REQUIRED
DATE RECEIVED
US Armv Corns of F.ngineers
Florida Deut. of Environmental
Rel!;ulations
P~nning
ppnnin~
OTHER:
7. ESTIMATED STARTING DATE:
ESTIMATED COMPLETION DATE:
May-June 1988
Apr;l_M~y lQAQ
8. PREVIOUS FIND GRANT:
This Project Site -
YES
NO
x
9. NAME: Joe Weldon
SIGNATURE: ~ ( J - Q..9 J
TITLE: Director, Parks and Recreation
FIND - Ex.2
r In...
DEP ARTtv.cNT AL
CORRESPONDENCE
[ITY DF
DELRAY BEA[H
~~Ci
TO
~. er O. Barr1,;City Manager
~~ J. fuuc~C'J---
David J. Kovacs, Director
Department of Planning and Zoning
FROM
SUBJECT
CITY COMMISSION DOCUMENTATION
MEETING OF FEBRUARY 23, 1988
FIRST READING OF ORDINANCE AMENDING "POSTING" REQUIREMENT
l.\eE February 16, 198
ITEM BEFORE THE COMMISSION:
The action requested of the Commission is first reading of an
ordinance deleting Section 30-23-(B)-(d) of the Zoning Code. A I
pUblic hearing will following - tentatively on March 8, 1988.
t
I
BACKGROUND:
At its meeting of January 26, 1988, the City Commission provided
direction to pursue the deletion of the "posting" requirement for
rezoning actions. This direction was provided in order to
facilitate annexations and zoning of the enclaves.
The posting requirement is not mandated
Clerk has prepared the ordinance and
reading.
by state law.
it is ready
The Ci ty
for first
The Planning and Zoning Board has not yet formally made a
recommendation on this item. They will review it at a meeting of
February 22nd. Their recommendation can be presented at the
Commission meeting.
ALTERNATIVE ACTIONS:
1. Reconsider the previous direction and do not initiate
the proposed amendment.
2. Hold first reading and set a pUblic hearing date.
3. Continue with direction.
RECOMMENDED ACTION:
Hold first reading of the proposed ordinance.
REF/DJK*15/B:POSTING.TXT
CJ 362
THE EFFORT ALWAYS MATTERS
1"2-
l
~t
t
~
.~
DEPARTML.~TAL
CORRESPONDENCE
[ITY DF
DElRAY BEA[H
.~'~.\
_~ ~ I
/ .~~,.. r....
.... ....,.... ~"- ....-'
..- ..__~_lil! . .. -..",. J
Elizabeth Arnau, City CI~rk
\" \\y, ':-
David J. Kovacs, Director
Department of Planning and Zoning
ORDINANCE REQUEST FOR ZONING CODE AHENDNENT
2-1-88
At its meeting of January 26, 1988, the City Commission provided
direction to pursue the deletion of the "posting" requirement,.
associated with the rezoning of property.
In order to proceed with this direction, please have an enacting
ordinance prepared and placed on the Commission's agenda which
will accommodate the following:
DELETE Section 30-23-(B)-(d): to wit
"In addition to the above and foregoing requirements, in all
proposed rezoning proceedings, the applicant shall post a
notice of proposed rezoning, in a form prescribed by the
City, on the property proposed to be rezoned at least ten
(10) days in advance of the public hearing before the
planning and Zoning Board. The notice shall remain posted
on the property until after the public hearing has been
held. Notices and posts are available from the City
Planning Department for a twenty-five dollar ($25.00)
deposit. If the applicant wishes to use a sign other than
the ones available from the Planning Department, the sign
must be approved by the planning Department before posting.
Sufficient proof of proper and timely posting of such a
notice of proposed rezoning shall be submitted to the
Planning and Zoning Board prior to the conducting of the
public hearing on the proposed rezoning and shall be a
condition precedent to the further processing of the
rezoning application by the City. Proof of posting shall be
by photograph and affidavit. The form of the affidavit is
available from the Planning Department".
c:
~alter O. Barry, City Manager
/Nancy Roti, Executive Secretary to the City Manager
1
,t
I
I
ORDINANCE NO. 7-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER
30, "ZONING", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 30-23 "REZONING REQUESTS",
BY REPEALING SUBSECTION (B) "PROCEDURES",
SUBPARAGRAPH (2)(d) IN ITS ENTIRETY IN ORDER
TO DELETE THE POSTING OF NOTICE REQUIREMENT
ASSOCIATED WITH THE REZONING OF PROPERTY;
PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Sect,ion 1. That Chapter 30, "Zoning", Section 30-23
"Rezoning Requests", subsection (B) "Procedures" , subparagraph
(2)(d) of the Code of Ordinances of the r.ity of Delray Beach,
Florida, be, and the same is hereby repealed in its entirety.
Section 2. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Se~tion 3. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence,
or word be declared by a Court of competent jurisdiction to be
invalid, such decision shall not affect. the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the day of , 1988.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
/~
DEP ARTtvlcNT AL
CORRESPONDENCE
[ITY DF
DELRAY BEA[H
TO
~.... O. Barry,- City Manager
~C0~~.\}~uQe~
David J. Kovacs, rl1rector
Department of Planning and Zoning
FROM
SUBJECT
CITY COMMISSION DOCUMENTATION
FIRST READING OF ENACTING ORDINANCE FOR THE
MAZDA ADDITION WITH S.C. ZONING
February 16, 198
ITEM BEFORE THE COMMISSION:
The action requested of the Commission is that of first reading
of the enacting ordinance for the annexation, with zoning of I
Specialized Commercial (SC), for the Mazda Dealership and
associated property located northwest of the intersection of I
LaMat and Federal Highway. A pUblic hearing will be held at I
second reading which is tentatively scheduled for March 22nd.
This item has not yet cleared the Planning and Zoning Board, it
will be reheard by them on Monday, February 22nd. The first
reading of the enacting ordinance is being accommodated at this
time at the special request of Mr. Roger Saberson, attorney
representing the landowner.
BACKGROUND:
The expansion of this dealership has previously been centered
in controversy. Attempts were made to expand the use under
County auspices. After much consternation, the City produced
documentation which shows that a portion of the area proposed for
develop~m lies within the City's jurisdiction. Upon that
showing, the County Attorney advised the County Commission that
jurisdiction was with the City.
The property owner then prepared to process his development plans
through the City. The first step of this process is that of
annexation and establishing City zoning. The Planning and Zoning
Board first heard the item on January 25, 1988. Despite
objections to the expansion by the property owner to the north
(commercial land holdings), the Board forwarded a recommendation
to accommodate the annexation with SC zoning. Subsequently, the
attorney (Saberson) for the petitioner requested a rehearing at
the Planning and Zoning Board in order to insure that technical
matters dealing with the manner of notice do not present
difficulties to him at a later date. The Board is holding its
rehearing on Monday, February 22nd.
,~
,u"-
T;,c EFFORT AL/J,jY iV1 ,';,.fFF1S
,t
To: City Comm~ssion Documentation
Meeting of February 23, 1988
Re: First Reading Of Enacting Ordinance For The
Mazda Addition With S.C. Zoning
Page 2
The Board has also reviewed a conditional use request with
attendant site for the actual use/site expansion. That matter
will be presented to the Commission upon enactment of the
annexation ordinance (tentative date of March 22nd).
The annexation and zoning do not present matters of concern.
There are matters of concern with respect to the actual site
development but these are addressed via a separate action/item.
The Planning and Zoning Board's staff re!;>ort is attached for
informational purposes.
ALTERNATIVE ACTIONS:
1. Continue with direction
2. Hold first reading of the enacting ordinance and set a
hearing date.
RECOMMENDED ACTION:
Approve the enacting ordinance for the Mazda Addition on first
reading.
Attachment:
P&Z Staff Report of January 25, 1988
REF/DJK#14/B:MAZDACC.TXT
,t
PU-1NN I NG 8. LuN I NG
CITY OF OELRAY
BOARD
BERCH
STAFF REPORT
- --
MEETING OCITE:
AGENDA ITEM:
ITEM:
January 25, 1988
III. E.
ANNEXATION AND INITIAL ZONING OF SC FOR THE MAZDA ADDITION
(CHAMBERLAIN PROPERTY AT FEDERAL HIGHWAY AND LAMAT)
OIS
~AL"$
OF
Of:L"AY
(1....82'
AT
.
f?,
....
GENERAL
GENERAL DATA:
OWner
Agent
Location
Property Size
"4;.. S 0'
O::..~.4'
.. 46.""G....
TROPIC
8AY
.
"'E BI(. rll - PG 20
DATR:
.......................
William Chamberlain
.......................
Mark Marsh, Architect
Digby Bridges, Marsh, & Assoc.
.......................
Northwest corner of Federal
Highway and LaMat Avenue
6.37 acres
County Plan & Zone Designations.
Commercial
Commercial, General Commercial
Adjacent Zoning
City Plan Designation
Various commercial categories
north, east, and south. Res.
to west across Dixie \ PRo
F.xisting Ld~-.C. '~1~_;(.
i.1a::(:<1 dCdlcI stili"', 'J'~(',lfJt
houses, unused 1 1 ']ht -ut -way
Proposed Land Use
Expansion of Mazda dealerShip
and associated uses (body Shop
repair, service, sales)
Water and Sewer Service
Extension of on-site services
already provided by the City.
ITEM: JJr. IE.
t
!
{2l The time limits of subsection (C)(ll above may be
waived by three (3) affirmative votes of the City
Council when such action is found and deemed necessary
to prevene injustice or to facilitate the proper
development of the City.
!n considerinq an application for rezoninq, the Planninq and
Zoninq Board and the City Council shall make written
findinqs indicatinq that the proposed chanqe has been
studied and considered in relation to the folloWinq
standards, where applicable:
III will the chanqe be contrary to the proposed land use
plan and have an adverse effect on the plan?
121 Will the Change be contrary to the eXistinq land use
pattern?
( 3)
will the chanqe
to adjacent and
zoninq?
create an isolated district unrelated
nearby districts; i.e., is this spot
( 41
Will the chanqe alter
thereby increa.inq the
as schools, utilities,
the population density pattern.
load on public facilities such
streets, ."ie. 7
( 5)
Are the present district boundaries illoqically! drawn
in relation to the eXistinq condition on the p~perty
proposed for change? I
(6 I
Have changed or changinq conditions made this
rezoning necessary?
,
proposed
(7 I
will the chanqe adverse_y influence livinq
in the neiqhborhood7
conditions
(81 will the chanqe create __ excessively increa.e traffic
congestion or otherwise .ffect public safety?
(9 ) will the chanqe create a drainaqe problem?
(10 ) will the chanqe seriOUSly reduce Ugh t and air to
adjacent areAS?
( 11) will the chanqe adversely affect property values in the
adjacent area?
(12) will the chanqe be a deterrent to the improvement or
development of adjacent property in accord with
eXisting regulation.?
(131 will the chanqe constitute a grant of special priVilege
to an individual owner as contrasted with the public
welfare?
(14) Are there substantial reasons why the property cannot
be used in accord With eXisting zoninq?
(15) Is the chanqe out of scale with the needs of the
neighborhood or the City?
116) Is it impossible to find other adequate sites ln the
City for the.proposed use in zoning districts already
allOWing such use?
(17) Has sufficient evidence been presented to justify the
need for the change?
- 263 -
,.t
ORDINANCE NO. 8-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH A PARCEL OF LAND LOCATED
IN SECTION 29, TOWNSHIP 46 SOUTH, RANGE 43
EAST, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS
LOCATED ON THE NORTH SIDE OF LA MAT AVENUE,
BETWEEN U.S. HIGHWAY NO.1 AND OLD DIXIE
HIGHWAY; REDEFINING THE BOUNDARIES OF SAID
CITY TO INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND;
PROVIDING FOR THE ZONING THEREOF TO SC
(SPECIALIZED COMMERCIAL) DISTRICT; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, William A. Chamberlain is the fee-simple owrler
of Lots 10 through 21, inclusive; Lots 22 through 25, inclusive,
less the East 2.00 feet thereof; and the South One-Half (S 1/2)
of Lot 26, less the East 2.00 feet ther~of, Block 13, DEL-RATON
PARK, according to the Plat thereof recorded in Plat Book 14 at
Page 9 of the Public Records of Palm Reach County, Florida;
together with that portion of the ten (10) ft. alley right-of-way
abutting Lots 21, 22, 23, 24, 25 and the South One-Half (S 1/2)
of Lot 26, Block 13, DEL-RATON PARK. and the East One-Half (E
1/2) of that portion of the ten (10) ft. alley right-of-way
abutting Lots 6, 7, 8, 9, 10 and the South One-Half (S 1/2) of
Lot 5, Block 13, DEL-RATON PARK, according to the Plat thereof
recorded in Plat Book 14 at Page 9 of the Public Records of Palm
Beach County, Florida (abandoned alleys as recorded in Palm Beach
County Official Record Book 4230, Page 1983, and Official Record
Book 2965, Pages 1779-1782); together with Lots 31 through 42,
inclusive, and Lots 27 through 30, inclusive, less the East 2.00
feet thereof, and the North One-Half (N 1/2) of Lot 26, less the
East 2.00 feet thereof, Block 13, DEL-RATON PARK, according to
the Plat thereof recorded in Plat Book 14 at Page 9 of the Public
Records of Palm Beach County, Florida; together with that portion
of the ten (10) ft. alley right-of-way abutting the North One-
Half (N 1/2) of Lot 26 and Lots 27, 28, 29. 30 and 31, Block 13,
DEL-RATON PARK, and t,he East One-Half (E 1/2) of that portion of
the ten (10) ft. alley right-of-way abutting Lot 42, Block 13,
DEL-RATON PARK, according to the Plat thereof recorded in Plat
Book 14 at Page 9 of the Public Records of Palm Beach County,
Florida (abandoned alleys as recorded in Palm Beach County
Official Record Book 4230. Page 1983 and Official Record Book
2965, Pages 1779-1782); together with Lots 24 through 46, inclu-
sive, Block 2, less the West 50 feet thereof; Lots 1 through 10.
inclusive, Block 14; Lots 1 through 9, inclusive, Block 13,
DEL-RATON PARK, according to the Plat thereof recorded in Plat
Book 14 at Page 9 of the Public Records of Palm Beach County,
Florida; together with the West One-Half (W 1/2) of the ten (10)
ft. alley right-of-way lying adjacent to Lots 1 through 9,
inclusive, Block 13, DEL-RATON PARK (abandoned by Palm Beach
County Official Record Book 4230, Page 1983 and Official Record
Book 2965, Pages 1779-1782), and the West One-Half (W 1/2) of the
ten (10) ft. alley right-of-way lying adjacent to Lots 1 through
10, inclusive, Block 14, DEL-RATON PARK (abandoned by Palm Beach
County Official Record Book 4222, Pages 1625-1627); together with
that part of abandoned Avenue "G", DEL-RATON PARK, according to
the Plat thereof recorded in Plat Book 14 at Pages 9 and 10 of
the Public Records of Palm Beach County, Florida, more particu-
larly described as follows: Begin at the Northwest corner of Lot
I, Block 13 of said Plat of DEL-RATON PARK, thence East along the
North line of said Lot I a distance of 120.00 feet to the center
line of the alley right-of-way lying east of and adjacent to said
/3
Lot 1, thence North along the Northerly extension of said center
line a distance of 50 feet to the intersection with the Easterly
extension of the South llne of Lot 10, Block 14, thence West
along said South line a distance of 120.00 feet to the Southwest
corner of said Lot 10, thence South a distance of 50 feet to the
said Point of Beginning.
WHEREAS, Roger G. Saberson. as
for William A. Chamberlain, has requested
the property annexed into the municipal
Delray Beach; and,
duly authorized Agent
by his petition to have
limits of the City of
WHEREAS.
now contiguous to
Beach, thus making
time; and,
the subject property hereinafter described is
the corporate limits of the City of Delray
said petition for annexation effective at this
I
WHEREAS, the designation of a zoning classification ~s
part of the annexation proceeding, and provisions of City Corte
Section 30-23 have been followed in establishing the proposed
zoning designation; and,
WHEREAS, the City of Delray Ben~h has heretofore been
authorized to annex lands in accordance with Section 171.044 of
the Florida Statutes,
NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH. FLORIDA, AS FOLLOWS:
~tion I. That the City Council
Beach, Palm Beach County, Florida, hereby
the following described land located in
Florida, which lies contiguous to said City
of the City of Delray
annexes to said City
Palm Beach County,
to-wit;
Lots 10 through 21. inclusive, and Lots 22
through 25. inclusive, less the east 2.00
feet thereof, and the South One-Half (S 1/2)
of Lot 26, less the East 2.00 feet thereof,
Block 13, DEL-RATON PARK, according to the
Plat thereof recorded in Plat Book 14 at Page
9 of the Public Records of Palm Beach County,
Florida;
TOGETHER WITH that portion of the ten (10)
ft. alley right-of-way abutting Lots 21, 22,
23. 24, 25 and the South One-Half (S 1/2) of
Lot 26, Block 13, DEL-RATON PARK, and the
East One-Half (E 1/2) of that portion of the
ten (10) ft. alley right-of-way abutting Lots
6, 7, 8, 9. 10 and the South One-Half (S 1/2)
of Lot 5, Block 13, DEL-RATON PARK, according
to the Plat thereof recorded in Plat Book 14
at Page 9 of the Public Records of Palm Beach
County, Florida (abandoned alleys as recorded
in Palm Beach County Official Record Book
4230, Page 1983, and Official Record Book
2965, Pages 1779-1782);
TOGETHER WITH Lots 31 through 42, inclusive,
and Lots 27 through 30, inclusive, less the
East 2.00 feet thereof, and the North One-
Half (N 1/2) of Lot 26, less the East 2.00
feet thereof, Block 13, DEL-RATON PARK,
according to the Plat thereof recorded in
Plat Book 14 at Page 9 of the Public Records
of Palm Beach County, Florida;
- 2 -
Ord. No. 8-88
TOGETHER WITH that portion of the ten (10)
ft. alley right-of-way abutting the North
One-Half (N 1/2) of Lot 26 and Lots 21, 28,
29, 30 and 31, Block 13, DEL-RATON PARK, and
the East One-Half (E 1/2) of that portion of
the ten (10) ft. alley right-of-way abutting
Lot 42, Block 13, DEL-RATON PARK, according
to the Plat thereof recorded in Plat Book 14
at Page 9 of the Public Records of Palm Beach
County, Florida (abandoned alleys as recorded
in Palm Beach County Official Record Book
4230, Page 1983 and Official Record Book
2965, Pages 1119-1182);
TOGETHER WITH Lots 24 through 46, inclusive,
Block 2, DEL-RATON PARK, according to the
Plat thereof recorded in Plat Book 14 at Page
9 of the Public Records of Palm Beach County,
Florida;
f
TOGETHER WITH Lots I through IO. inclusive.
Block 14, DEL-RATON PARK, according to the
Plat thereof recorded in Plat Bonk 14 at Page
9 of the Public Records of Palm Beach County,
Florida;
TOGETHER WITH Lots 1 through 9, inclusive,
Block 13, DEL-RATON PARK, according to the
Plat thereof recorded in Plat Book 14 at Page
9 of the Public Records of Palm Beach County,
Florida;
TOGETHER WITH the West One-Half (W 1/2) of
the ten (10) ft. alley right-of-way lYing
adjacent to Lots 1 through 9, inclusive,
Block 13, DEL-RATON PARK (abandoned by Palm
Beach County Official Record Book 4230. Page
1983 and Official Record Book 2965, Pages
1119-1182), and the West One-Half (W 1/2) of
the ten (10) ft. alley right-of-way lying
adjacent to Lots 1 through 10, inclusive,
Block 14, DEL-RATON PARK (abandoned by Palm
Beach County Official Record Book 4222, Pages
1625-1621) ;
TOGETHER WITH that part of abandoned Avenue
"G", DEL-RATON PARK, according to the Plat
thereof recorded in Plat Book 14 at Pages 9
and 10 of the Public Records of Palm Beach
County, Florida, more particularly described
as follows: Begin at the NorthwAst corner of
Lot I, Block 13 of said Plat of DEL-RATON
PARK, thence East along the North line of
said Lot 1 a distance of 120.00 feet to the
center line of the alley right-of-way lying
east of and adjacent to said Lot I, thence
North along the Northerly extension of said
center line a distance of 50 feet to the
intersection with the Easterly extension of
the South line of Lot 10, Block 14, thence
West along said South line a distance of
120.00 feet to the Southwest corner of said
Lot 10. thence South a distance of 50 feet to
the said Point of Beginning.
- 3 -
Ord. No. 8-88
! .
The subject property is located on the north
side of LaMat Avenue, between U.S. Highway
No. 1 and Old Dixie Highway.
The above-described parcel contains a 5.34
acre parcel of land. more or less.
Section ~ That the Boundaries of the City of Delray
Beach, Florida, are hereby redefined to include therein the
above-described tract of land and said land is hereby declared to
be within the corporate limits of the City of Delray Beach,
Florida.
Section 3. That Section 30-23 of the Zoning Code has
been followed in the establishment of a zoning classification in
this ordinance and the tracts of land hereinabove described ire
hereby declared to be in Zoning District SC (Speciali~ed
Commercial) as defined by eXisting ordinances of the City of
Delray Beach, Florida. ,
Section 4. That the land hereinabove described shall
immediately become subject to all of the franchises, privileges,
immunities, debts, obligations, liabilities. ordinances and laws
to which lands in the City of Delray Be~ch are now or may be
subjected and persons res iding thereon s ),,'\11 be deemed citizens
of the City of Delray Beach.
Section 5. That this annexation of the subject proper-
ty, including adjacent roads, alleys, or the like, if any, shall
not be deemed acceptance by the City of any maintenance responsi-
bility for such roads, alleys, or the like, unless otherwise
specifically initiated by the City pursuant to current require-
ments and conditions.
Section ~~ That if any word, phrase, clause, sentence
or part of this ordinance shall be declared illegal by a Court of
competent jurisdiction, such record of illegality shall in no way
affect the remaining portion.
Section 7. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in
final reading on this the ______
regular session
day of
on second and
, 1988.
MAYOR
ATTEST:
City Clerk
First Reading ____
Second Reading
.._-_.__._~_._. ---- ---~.__.-
- 4 -
Ord. No. 8-88
MEMORANDUM
TO:
Mr. Walter O. Barry
City Manager
FE6 1 'I .., ,..,
".. 1988
'." i)' f..74""u:'j.'tl'
FROM:
~
Gerald B. Church, P.E.
Acting Director of Public Works/City Engineer
. : -/:I":fC,~
Robert S. pontek
Director of Public Utilities
..1 , , " r ,,'r-.
i
SUBJECT:
AGREEMENT FOR ADJUSTING UTILITY LINES
DATE:
February 12, 1988
Palm Beach County has received bids for the construction of
Congress Avenue from the L-30 Canal to Atlantic\Avenue. Within
these limits, Congress Avenue will be widened to six lanes,
complete with curb and gutter. The County expects to award th~l
contract by March, 1988 and anticipate construction commencing bY-I
May, 1988. ,~
When the plans were being prepared, the field survey picked up
numerous utility conflicts; that is, existing water mains are at
the same elevation in place as the proposed storm sewer lateral
lines. When it is not possible or feasible to move the water-
lines, a special manhole structure has to be built. Also, valve
boxes, manhole rims and fire hydrants have to be adjusted to
match the new pavement grade. The work also includes installing
water mains, as required to avoid pavement and drainage con-
flicts.
In negotiations with County personnel, it was determined that it
would be in the City's best interest to have the plans and
specifications include quantities to provide for the conflicts
and relocating water mains. Subject to the prices quoted, the
City would have the option of either proceeding with the work
using other contractors, which would have to be done prior to the
contractor moving in, or could authorize that the work be accom-
plished as part of the road paving contract.
The County has advised us based on the lowest bid submitted for
the project, the cost for utility conflict structures and water
mains is $99,510. The unit prices quoted are considered reason-
able based upon current costs for this work. It may be noted
there are provisions for Southern Bell to pay a portion of three
(3) conflict structures which will accommodate both utility lines
and telephone lines.
/'+
I
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~
It is recommendgd that the City approve the agreement between
Palm Beach County and the City of Delray Beach to provide for
funding of utility construction required in connection with the
widening of Congress Avenue. The city will perform inspection of
the work to assure each conflict structure and water main work is
required and properly installed.
The agreement is attached and a copy has been forwarded to the
City Attorney for his review. Also, attached is a summary sheet
of the costs for the utility conflicts.
~
Gerald B. Church, P.E.
GBC:RSP:aae
ATTS:
cc: Mr. Herb Thiele
City Attorney (w/attachments to review agreement)
II
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CONG~~ESS AVE. / W. ATLANTIC
STRUCTURE
No.
n
** :33
** 73
** 72
7A
9B
'~A
20A
9
12A
STA.116+90
16A
32
33A
48
34A
4'~
50A
51
52A
~7
._.._~
54A
40B
40A
L.::.
..".l'IPE FROM
S-20A TO S-'~
TYPE IF
NOT CONF[tCT
*
P-5(< 10')
*
*
*
*
*
P-8(<10')
P-1 (< 10')
*
*
*
P-6 ( < 10 ' )
*
P-5(< 10')
*
P-6(< 10')
*
P-6(< 10')
*
P-5(<10')
*
*
*
J--7H< 10')
153 L.F'.
OF 18" PI PE
<. TO L-30 CANAL
ESTIMATED COST OF UTILITY CONFLICTS
CITY OF DELRAY UTILTITIES
BASE COST
EACH
TYPE IF
CONFL ICT
$1 ,'~2(1.00
P7-H<10' }
J-5</10')
J-7H< 10')
J-7T(<10' )
J-7T(< 10')
J-7H< 10')
J-7T(< 10')
J-8( >10')
J-1 (>10')
J-7H< 10')
J-7T(< 10')
J-:,:(< 10')
J-6(< 10')
P-:3(< 10')
J-5(<10')
P-S(< 10')
J-6(< 10')
P-7(<10')
J-6(<10')
P-:3(<10' )
,]-5(<10' )
P-8(< 10' )
J-7T(< 10')
J-7H<10' )
J-71(< 10')
153 L.F.
OF 42" PIPE
$1,650.0(1
$2,500.00
$1,'''50.0(1
$1,'720.00
$1 ,'~50.00
$1 ,'~50.00
$1 ,'~20.00
$2,'7100.00
$3,:325.0(1
ADD THE FOLLOWING CONTINGENT ITEMS:
8 REMOVE & RELOCATE EXIST. FIRE HYDRANTS
9 TAPPING VALVE AND SLEEVE (S" X 6")
10 WATER MAIN (6" D.I.P.) MECHANICAL JOINT
11 CLASS 1 CONCRETE (THRUST BLOCKS)
12 PLUG FOR 611 D.I.P.
13 PLUG FOR S" D.l.P.
14 PLUG FOR 10" D.I.P.
15 WATER MAIN (S" D.I.P.) MECHANICAL JOINT
16 WATER MAIN (10" D.I.P.) MECHANICAL JOIN
17 2" GALV. IRON SLEEVES (36" OF COVER)
IS CAST IRON FITTINGS
19 LIMEROCK BASE (16")
~o ADJUST GATE VALVE BOXES
21 ADJUST SANITAF.:Y SEWEP MANHOLE TOPS
23 TAPPING VALVE & SLEEVE (8")
24 TAPPING VALVE & SLEEVE (10")
I)UANT I T Y
.3 E.fi.
2 EA
t.f:. LF r
10 em
., EA
~
" EA
~ EA
215 LFT
160 LFT
715 LFT
0.5 TON
250 SYD
10 EA
~ EA
.-'
.. E.~
L
-, EA
TOTAL COST OF AL L UT I L I TY CONF L I CT STRUCTUF.:ES:
LESS COST SHARED WITH SDJTHERN BELL:
FINAL COST TO DELRAY UTILITIES:
CONTR.^.C r
COST EACH
$ t ~ (11)0. (J(J
t..:., 271.1. f.1f)
't:2 , '?OO . 00
$ 2 , '100 . (10
<t ~:~ , qry) . 00
$2, -:';/)(1. 00
$2,900.00
$4,350.0(1
$3,500.00
$:2 , ':;rOO. 00
$ 2, ,,,00 . 00
$3,000.00
$3,500.00
t2.f:.OO.OO
$3,270.00
$2,600.00
$.3.500.00
$:2 . '?OO . (tf)
$3,500.00
$2, t:,(H). 00
$3,270.00
t2,600.00
t " .9(10.00
t ','-;'OO.IJO
I', . <UHJ .I,H)
$1 1.ry:;':::.OO
unIT FF:ICE
; 1 . .~r)O. uo
$l.~~UO.OO
''!i,,;:,~~. 00
-~ 1.5').00
''11uO.uO
c;l'.50.00
;:::uo.oo
!,21 . 00
:$:S5.0u
~7.00
-t:" 000.00
t.l0.00
$7:-;.00
l ,~::O(l . 00
t 1 . 51 If) . (H)
"t,". /I,\f) .(11_'
* STRUCTURE NOT PEI)UIPED FOP DPAINAGE SYSTEM. CCiNFL ICT ONL i.
**COST SHARED WITH SOUTHEPN BELL.
~
JOB #:::3220
CUSI TO UIlL.
CO. EP.CH
$1, 9f_1I). (H)
~-1. . ~"3I.l. uu
$2,9UO.OO
$2. '~oo. (10
t-2, '=t(H). 00
$ ~~~ . ':If.IU . (II)
$2,'100.(1(1
$2,700.00
$1 , (11)(1 . 00
$2,900.00
$2,':i(JO.OO
$3.000.00
$1.550.00
$2,600.0(1
$1,350.00
$ 2. t.OO . 00
$1,550.00
$2,':l00.0(J I
$1.550.0(
$2,600.0(Jl
$1,350.odJ
$2,600.00
$2.900.00
$2, '10(J. 0(1
'$().(I(J
$f;,. 273.00
If;-3. t.OU. 00
$.2.600.00
$1. 4r52 .(JI)
':;'1 . ~5(IO . Cl(J
$200.00
$.::,00.00
$400.00
$5, :::05. UO
$5,600.00
$5,OU5.00
$1 .500.00
t,2, 5r)(l. 00
~7,:,(l. I)(J
-t1.:~(l(l.OO
.,:;. ()I'HI. f)(l
$.t,41}().uU
$1(J3,O:~:5.00
1?:.r::;7~.(l(l
$'~'1, 51 (J. 00
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Board of County Com mis, ,lers
Jil" .:: '"
Carol A, Roberts, Chair
Kenneth'M, Adams, Vice Chairman
Karen T, Marcus
Carol J, Elmquist
Dorothy Wilken
County Administrato.
lan Winters
Department of Engineerin~
and Public Work.
H. F. Kahle"
County Engineer
January 22, 1988
Mr. Gerald Church
City of Delray Beach
00 Northwest 1st Avenue
Delray Beach, FL 33444
SUBJECT: CONGRESS AVENUE FROM WEST ATLANTIC AVENUE TO L-30
CANAL, PALM BEACH COUNTY, FLORIDA - PROJECT #83220
Dear Mr. Church: ~
Enclosed please find the original Agreement between Palm B+~ch
County and the City of Delray Beach for the funding of utility I
construction along Congress Avenue from West Atlantic Avenue tql
L-30 Canal. Also enclosed is the cost breakdown of the utilityJ
conflicts amounting to $99,510.00.
It would be greatly appreciated if the City would approve
and execute said Agreement and return the oriqinal of same to
this office for final execution by the Board of County Commissioners.
Should you have any questions, please feel free to contact
this office.
Sincerely,
<:"'.
"
,
\ ~-x.... ,".
-/--, .......--.. .--"'
, .
<C' .
Donald L. Knapp, P.E., Director
Engineering Services Division
DLK:rmk
Enclosures/
cc: Mr. John Carroll, P.E., Director
Roadway Production
~
.. An Equal Opportunity. Affirmative Action Employer
BOX 2429 WEST PALM BEACH, FLORIDA 33402-1989 (305) 684-4000
l
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,
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AGREErlENT BEHIEEN PAUl BEACH COUNTY AND CITY OF DELRAY
BEACH FOR THE FUNDING OF UTILITY CONSTRUCTION ALONG
CONGRESS AVENUE FROM WEST ATLANTIC AVENUE TO L-30 CANAL,
PALM BEACH COUNTY, FLORIDA
THIS AGREEMENT, made and entered into this
day of
, 1988, by and between Palm Beach County, a
pol itical subdivision in the State of Florida, herein referred to as "COUNTY"
and CITY OF DELRAY BEACH, a political subdivision in the State of Florida,
herein referred to as "CITY",
WIT N E SSE T H :
WHEREAS, COUNTY and CITY desire to jointly participate in the
construction of certain utilities within right-of-way of Congress Avenue
from West Atlantic Avenue to L-30 Canal; and
WHEREAS, Florida Statutes, Section 163.01,
allows governmental
by enabl ing them tJ
J
units to make the most efficient use of their powers
cooperate with other localities on a basis of mutual advantage; and
WHEREAS, the execution of agreement is in the best interest of
both governmental units by promoting efficient utility construction along the
Congress Avenue right-of-way referred to previously;
NOW, THEREFORE, for and in consideration of the mutual covenants
contained herein, the Parties to this Agreement agree as follows:
1. The City agrees to pay directly to the County costs
attributable to said utility construction as outlined in the Specifications
for this project; and
2. Said summation of costs is stated in the amount of $99,510.00;
and
3. Said costs shall be adjusted upon completion of the project
using as constructed quantities, said quantities being measured by the
Survey Section of the Engineering Services Division of the Palm Beach County
Engineering & Public Works Department.
4. The City agrees to fund those contributions set forth in
Paragraphs 1 through 3 above within thirty (30) days of receiving written
notice from the County that funding is required.
5. The County is to be responsible for administering the funds
in accordance with this Agreement.
6. All provisions of this Agreement calling for the expenditure
of valorem tax money by either COUNTY or CITY are subject to annual
budgetary funding and should either Party involuntarily fail to fund any of
their respective obligations pursuant to this Agreement, this Agreement
may be terminated.
IN WITNESS WHEREOF, the Parties unto this Agreement have set their
hands and seals on the day and date first written above.
ATTEST:
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
JOHN B. DUNKLE, CLERK
BY: BY:
( Deputy Cl erk) CHAIRr~AN
ATTEST: CITY OF DELRAY BEACH, FLORIDA, BY
ITS COUNCIL
CLERK
I
I
,
BY:
BY:
CHAIRMAN
( SEAL)
APPROVED AS TO FORM AND LEGAL
SUFFICI ENCY:
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
BY:
8Y:
C!TY OF DEL RAY
8EACH ATTORNEY
COUNTY ATTORNEY
,
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-2-
DEP ARTfv,_NT AL
CORRESPONDENCE
[ITV DF
DELRAY BEA[H
TO
Walter Barry, City Manager
FROM
Robert Barcinski, Assistant City Manager
SUBJECT
CASON COTTAGE RENOVATION - BID AWARD FEBRUARY 23, 1988 AGENDA
1:"':'.1
2/19/88
This is a request to award a contract for the renovation of
the Cason Cottage located on the Northeast corner of North-
east First Street and Swinton Avenue, to First Construction
Company, Inc., low bidder, in the amount of $30,915, plus
a contingency of $3,085 for a total of $34,000.
Funding to come from General Fund Operating Budget, various
department accounts.
Bid specifications were developed for this structure by the
Community Development staff with consultation from the
Historic Preservation Board. This project was bid as a simple
rehabilitation and as a historic property renovation. Bids
were received on November 24, 1987.
Analysis has performed by staff and the historic board and
a recommendation is made to award the contract to First
Contstruction Company as a historic renovation with the
adjustments to specifications as requested by Mr. Mayhew,
for a total of $30,915 plus a contingency. Funding options
are recommended as per Mr. Huddleston's memo. This item has
been reviewed and recommended by the Purchasing Admistrators.
RAB:ep
IS
eM 362
THE Ei'FORT ALWAYS MATTERo
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TO
Walter O.
Barry, City Manager
~'(.\~~\
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,-
[ITY OF
DELRAY BEA[H
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DEP ARTI'vIENT AL DAVE
CORRESPONDENCE
HUDDLESTON:
JB
THROUGH: David M. Huddleston, Finance Director
Ted Glas, purchasing Administrator
FROM
II~
Bids on Rehabilitation/Restoration of Perry Cottage
SUBJECT Bid #88-24
DATE 2-4-88
The Community Development Division handles and processes their
own formal bids on housing rehabilitation, subject to Purchasing
Division review.
Invitations to bid were mailed to nine (9) contractors.
advertisement was placed in the Delray Beach News.
A legal
On November 24, 1987, formal bids were opened, at which time
three (3) bids were received, per attached tabulation of bids.
Purchasing's review of Bid #88-24 finds it to be in order with
City Purchasing Procedures.
staff recommendation is to award contract to low bidder, First
COIlstruction, in the amount of $31,415.00, plus provide for a
10% contingency allowance of $3,141.00 if needed.
This is not a budgeted item. Staff recommendation is that funds
be provided from unappropriated fund balance in the amount of
$34,556.00
Attachments
Tabulation of Bids
Recommendation from Coordinator of Community Development
eM 362
THE EFFORT ALWAYS MA
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PROPERTY ADDRESS:
BID OPENING:
NAME OF CONTRACTOR
FIRST CONSTRUCTION
CASON COTTAGE
BID SUMMARY SHEET
5 NORTHEAST 1ST STREET
DELRAY BEACH, FL 33444
NOVEMBER 24, 1987
3:00 PM
AMOUNT OF BID
ALTERNATE #l
(REHAB)
$26,555
$28,850
$37,085
GEMINI CONSTRUCTION ENTER.
NORENE CONSTRUCTION CO.
INHOUSE ESTIMATE:
~ Stt MMct..p~
$33,884
ALTERNATE #2
(RESTORATION)
30, 915 ~
$n,4Ht
$46,200
$50,840
$48,294
l
'.
DEPARTW. ~NTAL
CORRESPONDENCE
[ITY DF
DELRAY BEA[H
Robert A. Barcinski, Ass't City Manager
TO
BID ON CASON COTTAGE
SUBJECT
2/17/88
"
I spoke with the contractor concerning the changes in the specifica-
tions. He stated that he did not have any money in it for the carpet,
a mistake on his part, therefor that is one reason his bid was low. He
deducted $200 for the vinyl tile, $1250 for the walls and doors and
added $950 for additional work required on driveway for a total
reduction in the bid price of $500.
cason5
eM 362
THE EFFORT ALWAYS MATTERc
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DEPART'" ':NT AL
CORRESPONDENCE
[ITY DF ~
DELRAY BEA[H
5~(i
Coordinator
Lula Butler, Community Development
TO
FRorlilill Ayers, Housing Rehabilitation Inspector WV't-
Meeting with Mr. Clemmer Mayhew
- Cason Cottage
2/11/88
DATE
SUBJECT
I discussed the items on my memo dated January 8,1988 with Mr. Mayhew.
After going over each item we decided on the following.
1. Driveway- the concrete runners are to be removed. In their
place we shall install a shell rock base with river rock
topping.
2.
Roof Shingles - this will remain as specified
Shingles.
3. Vinyl Flooring - Kitchen - Utility Room Area - we shall
remove all vinyl covering. The wood floor under the vinyl
shall be scraped and left for future resurfacing by the
Historical Preservation Society.
Fiberglass
4. Carpeting - no carpeting shall be installed.
5. Doors - this will remain unchanged.
6. New Walls & Doors - this item will be eliminated.
Another item discussed was that in the event this office oversees the
work that no member of the Historic Preservation Society will directly
contact the contractor in reference to the work in progress. All
contact shall be through our office.
cc: RAB
Cason4
CM 362
THE EFFORT ALWAYS MATTERS
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BID S P E C I F I CAT ION SHE E T
FILE NUMBER: Restoration
DATE: February 11, 1988
PROPERTY OWNER:
City of Delray Beach
PROPERTY ADDRESS: Cason Cottage - NE 1st Street
GENERAL NOTES:
SPECIFICATION DESCRIPTION OF ANY NUMBER UNDER COLUMN TWO WILL BE
FOUND IN THE "GENERAL BID SPECIFICATIONS" BOOKLET SUPPLIED TO
ALL BIDDERS. WHEN INDICATED, THESE NUMBERS AND THEIR CORRESPOND-
ING DESCRIPTIONS ARE TO BE BID ON AND STRICTLY ADHERED TO.
eOL 1
ITEM'
E-1
eOL 2
SPEC I
42,47
E-2
42,47
48,49
E-3
1,8,66
E-4
42,43
E-5
43
DESCRIPTION OF WORK TO BE eOMPLETED
Repair all windows so as to be in an
operable condition. Include new glass,
screens, clips and mechanisms where
needed. Provide blocks in all window
sashes, to prevent opening of windows.
Remove all aluminum windows (10 ) and
replace with wood single hung windows to
match existing.
Install new parking area large enough to
park a m1n1mum of eight (8) cars.
Parking to be to rear (north) of build-
ing with access from alley on east side.
Parking surface to be minimum of 8"
compacted shell rock with river rock
topping.
Remove and replace side and rear
entrance doors. Replace with new wood
entry doors to match existing.
Provide. and install new lock sets,
including dead bolts on front, side and
rear doors. Front door to have double
cylinder, keyed on both sides, dead
bolt.
,t
eOL 1
ITEM#
COL 2
SPEC #
E-6
1,3,4
E-7
80
E-8
83
E-9
83,1,8
E-I0
1,7,9
E-ll
9,13,
14,64,68
E-12
9,51,52
E-13
9,17,16b
I-I
17,23
Remove existing rear steps and stoop.
Replace with new wood steps and stoop to
match existing. Provide and install new
step to side door, concrete is accept-
able.
Remove all trash and debris from the
property.
Grade and level front, side and rear
yards. Provide and install sod.
Remove existing driveway and sidewalk on
west side of house. Install a shell
rock base with river rock topping to
match. Replace with size and location of
existing.
Provide and install new support columns
for carport. These should have a brick
base up to a minimum of four (4) feet
with actual support column boxed in to
beam.
Replace complete roof covering with new.
Remove existing covering and replace any
rotted sheathing and rafters. Install
new eave drip edge and flashing. Apply
one (1) layer 30# felt and tin tag then
apply 240# self sealing fiberglass
shingles.
Replace any damaged soffit and fascia,
provide soffit vents or rescreen exist-
ing. Replace all damaged and rotted
window trim, sills, siding and corner
trim on complete house. New material to
match existing in size and finish.
Replace all damaged or rotted floor
joists,sills and piers as needed.
Provide and install new foundation
screen vents as needed.
Kitchen & Utility room remove existing
floor tile . The wood surface under tile
is to be scraped clear and left for
future resurfacing by Historic Preserva-
tion Board.
1
,t
COL 1
ITEM#
I-2
COL 2
- SPEC#
19
I-3
28,40
I-4
82b
I-5
33,34
I-6
6,43
I-7
27e
I-8
80
I-9
42,42
All hardwood floors are to be sanded,
filled and finished seal with minimum
two(2) coats Polyurathane clear.
Plaster walls and ceilings in all areas
where damaged or previously patched
improperly, rake cracks clean, remove
all loose plaster and dry wall, where
used as patch, and fill with plaster.
New repair shall be struck level with
surrounding surface to match existing
finish.
Clean all walls, ceilings and woodwork.
Fill all holes, cracks and voids. Apply
one(1) coat Porter #767 Latex Primer
Sealer or equal. Finish walls and
ceilings with two(2) coats Porter #689
High Hide Interior Flat Paint or equal.
Prime woodwork with oil base primer and
finish with two (2) coats oil base semi
gloss.
Provide and install 4" X 4" ceramic tile
where tile is missing in the tub area.
Repair existing doors where lock sets
have been remove. Install new privacy
lock sets, Dexter or equal on all
interior doors.
Remove or repair any existing damaged or
missing base, window sills, door trim
etc. New to match existing in size,
style and finish.
Remove existing wall cabinet to right of
kitchen. sink also all cabinets surround-
ing range.
Opening between living room &
room to be closed off by
French doors (15 light).
dining
installing
1
,t
COL 1
ITEM*
I-10
COL 2
SPEC*
Remove existing heater from fireplace.
Repair fireplace and flue so as to be in
an operable condition for wood burning.
PLUMBING
P-l
78
Install two (2) new water closets round
front watersaving model, complete with
new supply, stops, wax ringseat and all
necessary plumbing and fittings.
P-2
78
Replace missing wall hung lavatory in
office bath with new wall hung lavatory.
Provide new two ( 2) handle faucet with
all necessary plumbing and fittings.
P-3
78
Repair any leaks and blockages that may
exist in fixture, supply lines and waste
lines.
P-4
78
Remove existing Formica vanity and
cabinet above in hall bath. Provide and
install new Pedestal lavatory including
new two (2) handle faucet with all
necessary plumbing and fittings.
ELECTRICAL
EL-l
75
Replace any existing duplex receptacles,
cover plates and switches as necessary
to make all operable. Install any
additional outlets as necessary to meet
code and office requirements.
EL-2
Provide' and install new paddle fans in
all rooms except kitchen and baths.
Fans to include all necessary wiring
switches etc.
1
.t
COL 1
I'J;'EM*
EL-3
EL-4
COL 2
SPEC#
75
75
Install ceiling mounted smoke detectors.
Check out entire AIC system and make any
repairs as may be necessary to properly
cool entire structure.
BY THEIR SIGNATURES, THE ABOVE WORK IS APPROVED BY THE FOLLOWING:
Specs3
Owner(s)
Contractor
l
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i
.
.
BID S P E C I F I CAT ION SHE E T
FIl.E ~UMBER: . REHABILITATION
DATE: FEBRUARY 1, 1988
PROPERTY OWNER: CITY OF DELRAY BEACH
PROPERTY ADDRESS: CASON COTTAGE , NORTHEAST 1 ST STREET
GENERAL NOTES;
SPECIFICATION DESCRIPTION OF ANY NUMBER UNDER COLUMN TWO WILL BE
FOUND IN THE "GENERAL BID SPECIFICATIONS" BOOKLET SUPPLIED TO
ALL BIDDERS. WHEN INDICATED, THESE NUMBERS AND THEIR
CORRESPONDING DESCRIPTIONS ARE TO BE BID ON AND STRICTLY ADHERED
TO.
COL 1
ITEM#
E-1
COL 2
SPEC #
42,47
E-2
1,8,66
E-3
42,43
E-4
43
E-5
1,3,4
E-6
80
DESCRIPTION OF WORK TO BE COMPLETED
Repair all windows so as to be in an
operable condition. Include new glass,
screens, clips and mechanisms where
needed. Provide security bars or
screens on all windows.
Install new parking area large enough to
park a m~n~mum of eight (8) cars.
Parking to be to rear (north) of build-
ing with access from alley on east side.
Parking surface to be minimum of 8"
compacted shell rock with river rock
topping.
Remove and replace side and rear
entrance doors. Replace with new wood
entry doors to match eXisting.
Provide and install new lock sets,
including dead bolts, on front, side and
rear doors. Front and rear doors to be
keyed alike.
Remove existing rear steps and stoop.
Replace with new wood steps and stoop to
match existing. Provide and install new
step to side door, concrete is accept-
able.
Remove all trash and debris from the
property.
,t
i
.
, COL 1 COL 2
ITEM' SPEC'
E-7 83
E-8 9,51,52
E-9
9,17,16b
E-10
9,13
14,64,68
I-1
17,23
I-2
I-3
28,40
I-4
82b
Grade and level front, side and rear
yards. Provide and install sod.
Replace any damaged soffit and fascia,
provide soffit vents or rescreen exist-
ing. Replace all damaged and rotted
window trim, sills, siding and corner
trim or complete house. New material to
match existing in size and finish.
Replace all damaged or rotted floor
jOists, sills and piers as needed.
Provide and install new foundation.
screen vents as needed.
Replace complete roof covering with new.
Remove existing covering and replace
any rotted sheathing and rafters.,
Install new eaves drip edge and flash-.
ing. Apply one (1) layer 30# felt and
tin tag then apply 240# self sealing
fiberglass shingles.
INTERIOR
Kitchen & Utility room remove existing
floor tile and install new 12" X 12"
vinyl tile. ( medium grade).
Provide and install new commercial grade
carpet on all areas presently covered
with wood flooring.
Plaster walls and ceilings in all areas
where da~aged or previously patched
improperly, rake cracks clean, remove
all loose plaster and dry wall, where
used as patch, and fill with plaster.
New repair shall be struck level with
surrounding surface to match existing
finish.
Clean all walls, ceilings and woodwork.
Fill all holes, cracks and voids. Apply
one coat Porter #767 Latex Primer Sealer
or equal. Finish walls and ceilings
with two (2) coats Porter #689 High Hide
Interior Flat Paint or equal. Prime
woodwork with oil base primer and finish
with two (2) coats oil base semi gloss.
1
,t
.
COL 1
ITF;M#
1-5
COL 2
SPEC#
33,34
Provide and install 4" X 4" ceramic tile
where tile is missing in the tub area.
1-6
6,43
Repair existing
have been remove.
lock sets, Dexter
interior doors.
doors where
Install new
or equal
locksets
privacy
on all
1-7
6
As per attached plan
new walls and doors.
be minimum 3'0".
remove or install
All new doors to
PLUMBING
P-1
78
Install two (2) new water closets
front watersaving model, complete
new supply, stops, wax ringseat and
necessary plumbing and fittings.
round
with
all
P-2
78
Install new lavatory with washerless
lavatory faucet single lever with pop-up
including all necessary plumbing and
fittings in the front bath.
P-3
78
Repair any leaks that may exist.
ELECTRICAL
EL-I
75
Replace any existing duplex receptacles
and cover plates and switches as neces-
sary to make all operable. install any
additional outlets necessary to meet
code and office requirements.
EL-2
75
Install new light fixtures in all rooms.
Fluorescent six (6) foot fixtures where
applicable.
EL-3
EL-4
75
Install ceiling mounted smoke detector.
75
Check ou~ entire AIC system and make any
repairs as may be necessary to properly
cool entire structure.
BY THEIR SIGNATUaES, THE ABOVE WORK IS APPROVED BY THE
FOLLOWING:
Owner(s)
Contractor
Rehab Specialist
,t
TO
Walter O. Barry, City Manager
[ITV DF
DELRAV BEA[H
7~~
DEP ART~ .2NT AL
CORRESPONDENCE
FROM t~Gerald B. Church, P.E.
f Director of Public Works/City Engineer
SUBJECT
VARIANCE REQUEST BY JEANNE STAHL
DATE
2/8/88
Jeanne Stahl requests a variance to Chapter 9, Article XV.S,
Section 9-S29b, Condition 2 (required 10' setback for docks).
Background: Mrs. Dorothy McArthur (1020 Seasage Dr.) requested
that this office determine if the dock being constructed at 1026
Seasage had been issued a permit. The Engineering Department
determined that no permit existed and ordered all work stopped
until a permit had been obtained. Said permit was obtained and
plans were approved with a 10' setback (Permit *5730-87M). After
the dock construction was completed, Mrs. McArthur again called
this office requesting that an inspection be done -- she felt thH
dock was too close to her property. Said inspection confirmed l
that the dock was too close to the adjacent property. jJ
On April 6, 1987, Ms. Stahl was officially notified of the problem
(see attached letter). The contractor at no time during the
construction of this dock notified Engineering that work was under-
way, nor did he request the required inspections.
Since this dock could have been built to code without causing a
hardship for the petitioner, Engineering recommends this variance
not be granted.
This item had been placed on the City Commission's May 26, 1987
Meeting Agenda, but was requested to be withdrawn by Ms. Stahl.
The adjacent property owner has been contacted for comments on
requested variance.
GDC:GBC:ji
Attachments
,to
eM 362
THE EFFORT ALWAYS MATTERS
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CUr 2- "7 7
ENGINEERING DIVISION ~
April 6, 1987 frJlJ:.
CERTIFIED MAIL
liP 391 503 424
RETURN RECEIPT REQUESTED
Mrs. Jeanne Stahl
1026 Seasage Drive
Delray Beach, Florida 33444
fl.:(;j[ ~ l) <L \.. --r ~ 7J
Vll\1.(;A
Re: Dock on Lot 13, Block 5 - Seagate
Dear Mrs. Stahl:
As per our conversation, March 10, 1987, your newly
constructed dock does npt conform to the plans
approved by this office for issuance of a Building
Permit. The nonconformance, specifically the dock
extends within ten feet of the adjacent property.
You must either obtain a variance from: City.eom-
missioners (contact Donna - Ext. 120 in the Building
Department) or remove that section of the dock that
does not conform.
II
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You will have thirty (30) days to respond or this
matter will be forwarded to the Code Compliance
Division.
If this office can be of any assistance, please con-
tact me.
Very t~uly yours,
S4-L0J
Stephen W. Ford
Coastal/Land Development Engineer
SWF:mrc
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- ATTORNEY a COUNCI:L.L.OR AT LAw
SUITt: 8E
80e N. E. FIRST STREET
DELRAY BUCH, FLO,,'QA 334~
(3015) 272.15707
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13 'JI _-
February 12, 1988
~r. Gates Castle
Ass't. City Engineer
100 N.W. 1st Avenue
Delray Beach, Florida.
l<E: "Is. Jeanne Stahl
1026 Seasage Drive
aequest for variance; Chapter 9, Art.XV.5, Sec. 9.529,(b)(2).
Dear Sir:
In response to your letter of February 8th, please be advised that ~rs. I
Dorothy McArthur, the abutting landowner to the north of the subject II
property, Is strongly opposed to the granting of a variance In the above II
matter. Further, she urgently requests that the applicant be required to jJ
remove the offending portion of the dock as soon as possible for the
following reasons:
(1) Far from showing hardship or immediate need deviate from the
ordinance, the applicant does not even own a boat. T sole purpose behind
her request is so that a friend can dock his boat at ,r home for some six
months of the year, according to her own admission tu "e. His boat is and has
been there for some six to eight weeks at this writln6' It Is felt that
merely to accommodate a friend does not seem a proper ~eason to permit a
departure from the statutory set-back line.
(2) "Irs. :.lcArthur earnestly believes that by petTi ttin" the violation
to remain five feet into her set-back area, the value of her property Is
lessened and could conceivably impair its mortgageabi1 ity, since a title
search and survey would reveal and define the Incurslo, as an encumbrance,
and order its removal before a mortgage could be granced.
(3) If not the dock itself, certainly a boat moor'"-! to it, as is now
the case, being five feet Into the set-hack area, InLtferes "ith "Irs. )1c
Arthur's absolute riparian right to a clear and unobsctucted view or vista
to which she is entitled.
(4) From the date the first piling was instaUed,rs. :!cArthur called
the City Engineer who immediately inspected the property and advised both
the apP4icant and her contractor, in person, that the set-back line was
being violated. At that point, it would have meant the re-Iocation of only
one piling. But Instead of that, they first claimed to have a building
Jeter ~. (fIu(otht
ArrO"NEY a COUNCI:LLO" AT LAw
SUItt 8E
80SJ N. E. FI"ST STNIEET
DELNAY BEACH, FL.O"IDA. 334..
(3051 272-5707
permit, which in fact they never had. They eventually got a permit, but
proceeded to complete the dock as originally planned, both knowing of the
set-back requirements, and in total disregard of the city ordinance and
~rs. McArthur's rights as an abutting landowner. Although work was stopped
and the contractor's equipment removed when the lack of a building permit
was discovered by the city, it was re-commenced and completed within days
after Mrs. :lcArthur shuttered her home and left the area for her annual
vacation.
(5) The applicant has made the claim to me that other neighbors in
the area have no objection to the violation. This mayor may not be the case,
but it overlooks the point that Mrs. McArthur's property, which has served as
her residence since 1959,is the only one directly affected by the intrusion.
It is her property line and her set-back rights which have been adversely
imposed upon. She, as abutting landowner, is the one the ordinance primarily
seeks to protect. II
My client sincerely hopes that adherence to the subject ordinance will be lJ
mandated, as she herself has complied for thirty years of Delray Beach j
residency, and that the somewhat bizarre methods employed by the applicant
and her contractor not be rewarded or condoned by 2~ :lting of the relief
sought.
Peter F. Culotta
......
.
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[ITY OF DELRAY BEA[H'
CITY AnORNEY'S OFFICE 310S.E.lsISTRFET.SlIITE4
.)p".
.~,~.-
DELRA Y BEACH, FLORIDA 33483 305/243,7090
February 12, 1988
Mr. Matt Gracey, Sr.
Gracey Bros Real Estate & Insurance
505 East Atlantic Avenue
Delray Beach, Florida 33444
Subject: Proposal for Purchase of Lot 13, Block 4, Del-Ida Park Subdivision
Dear Mr. Gracey:
The purpose of this letter is to confirm our conversations of Tuesday.
February 9, 1988, wherein we discussed the sale of the above-real property
from your clients to the City of Delray Beach, Florida.
After our discussions, it was agreed that the seller would be willing to sell
the property to the City of Delray Beach for the price of $12,000.00, with
the proposal by the City being that the seller pay the documentary stamps
and the cost of the title insurance for the transaction. The documentation
and other costs would be in accordance with the standard form Florida
Bar/realtor contract. You expressed that the division of the costs of the
transaction would be subject to review by the le!!"al counsel for your client,
alon!!" with their review of the form of the contract.
Furthermore, we would request from your client proof of their current owner-
ship of the property, along with proof of the authority of the trustee or
officer/director of the owner of their authority to execute such real property
contracts and to subsequently execute the documents of conveyance.
As we discussed, although the City Attorney's Office was authorized to
conduct negotiations for the purchase and sale of this property, no represen-
tations by me can or should be construed to be binding upon the City.
Rather, any such proposed contract and offer of sale is expressly subject to
the approval and ratification of the City Commission of the City of Delray
Beach, Florida. It is our current intention to schedule this matter for the
City Commission's consideration at their regular City Commission meeting of
Tuesday, February 23, 1988, which meetings commence at 7:00 p.m.
In order to expedite this matter we have drafted a proposed Contract for Sale
and Purchase of the above-referenced property, an original of which is
enclosed herewith for your further use.
,'1
.
..
Mr. Matt Gracey, Sr.
February 12,. 1988__
Page 2
Thank you for your cooperation and kindness, and if you or your clients
have any questions concerning this matter, please contact me personally at
your earliest convenience.
Sincerely yours,
OFFICE OF THE CITY ATTORNEY
CITY 0 ELRAY BEACH, FLORIDA
sq.
By:
HT:jw
Enclosure
cc: City Commission
Walter O. Barry, City Manager'/
Gerald Church, City Engineer
Elizabeth Arnau. City Clerk
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PLANNING 8 ZONING
CITY OF DELRAY
BOARD
BEACH
STAFF REPORT
---
M:ETING o=ITE: September 21, 1987
AGENDA ITEM:
lILA.
ITEM:
CONDITIONAL USE PE~~IT FOR PROPOSED STORAGE BUILDING FOR USE IN CONJUNCTION
WITH DELRA~ PLAZA
3
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"ALLS
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GENERAL
DATA:
Owner
........................
Robere wiebelt
Agent
......................
Albert (Skip) Jackman
Location
....................
Property fronting Florida Av~nue
and located to the rear of Oe1ray
Plaza .
parcel size .......~........ .142 acres or 32,300 square feet;
this is only a portion of a .853
acre parcel; the balance of the
parcel has been developed as a part
of the Oe1ray Plaza project; also,
the site for the proposed storage
building is to be combined with the
balance of the site resulting in a
total site of approximately 3.5
acres ..
..
Land Use plan designation... commercial. LUP amendment in 11-86
Current zoning"............. se, rezoned from RM-15 in 11-86
Adjacent zoning ............ RM-15 to north and west, se to east
and south
current land use
vacant exce~t for paved area which
is lnappropr~ately used for parking
Adjacent land uses .........
Ralph Buick to the south, Delray
Plaza to the west, vacant to the
east, and residential to the north
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albert jackman
DESIGNER
.
February 19, 1988
City of Delray Beach
attention: Mr. Walter Barry
city manager
N
W
Re: Delray Plaza
A
V
E
N
U
E
Dear Mr. Barry,
Pur.uant to your phone call of this date I would re.pectfully
reque.t that my client captioned above be allowed a rehearing by
the City Commi..ion.
B
o
C
A
I take full re.pon.ibility for the error in not being pre.ent at
the February 9 City Commi..ion meeting when my client. project
wa. con.idered for conditional approval.
In a. much a. we did not have any repre.entation I would
appreciate the opportunity to pre..nt our ca.e before the City
Commis.ion. I feel that we have many facts that need to be reviewed
.0 that the City Commis.ion can make a decision with all the
information available to them.
Once again I am truly .orry to have mi..ed the meeting but the.e
thing. do happen and, it was certainly not done intentionally. In
this world of so many city boards and m.eting dat.. we all mu.t
have mi..ed one or two, I am sorry it was one that i. .0 impor-
tant to a busine..man and property owner in Delray Beach.
Thank you for your as.istance in this matter.
Thank You
It
(305) 392-0068
,~
DEP ARTtvll.:NT AL
CORRESPONDENCE
[ITY OF
DELRAY BEAEH
~~(i
TO
(4ter 9.\ B"fry, Cky Man.ager
~CLdJ; \b\)~
David J. Kovacs, Director
Department of Planning and Zoning
FROM
CITY COMMISSION DOCUMENTATION
MEETING OF FEBRUARY 23, 1988 - CONSENT ITEM
SUBJECT REQUIREMENT FOR WAIVER OF PROCESSING FEE ASSOCIATED WITH
CONDITIONAL USE REQUIREMENT FROM A TAX EXCEMPT SPONSOR
DATE February 16, 198,
ITEM BEFORE THE COMMISSION:
The action requested of the Commission is that of a waiver of the
processing fee associated with a project which is to be sponsored
by a 501-C-3, tax exempt agency. The fee involved is $385.
waiver of processing fees is accommodated through formal action I
(motion) of the City commission.
l
BACKGROUND:
Attached is the request. The proposed use is to be a part of
substance abuse rehabilitation program. The applicant has
provided all other items required in the submission. Waiver of
the fee will result in direct costs of advertising and mailing by
the City. These fees are not significant for this project.
RECOMMENDED ACTION:
Approval of the requested waiver.
Attachment:
Allerton request
f&J
eM 362
THE EFFORT ALWAYS MATTERS
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GEORGE M. ALLERTON
28 N.E. 8TH ST.
DELRAY BEACH. FL 33~44
(3015) 278-6008
Ilmkl/~~
~cJ5c ~~ioN M<'t"~~
WI'L.L 1{61 ~E A ?R.iUJqE ~/~
AND Will. dj")c(~ lJ(<IMA.~Li
UN1>ER. T14F; Au;wices of AT
/..EM"' ONE OF 1l{E- TAX BCfM'PT
(501-C - 3) p~'1 'BEA0-4
AG-E.^lci ~ ) W A.ivER of ~
CoNNEcrE!> WiTH ~IS A T>~lcAr(oN
,
I S "RE6l ves-re:> .
. - '. '. ";~..: . ". ""\lO,'Oo:,..-. ',.:.
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DEPARTMa=NTAL
CORRESPONDENCE
[ITY OF
DELRAY BEA[H
~~(j
TO
Walter O. Barry, -City Manager
C:~7\o{R~~~or
Department of Planning and Zoning
FROM
SUBJECT
CITY COMMISSION DOCUMENTATION
MEETING OF FEBRUARY 23, 1988
REQUEST FOR WAIVER OF PROCESSING FEE ASSOCIATED WITH LAND EXCHANGE DATE February 11, 1988
ITEM BEFORE THE COMMISSION:
The action requested of the Commission is that of a waiver of two
of three applicable processing fees associated with a project
which involves City participation.
Waiver of processing fees is accommodated through formal action
(motion) of the City Commission.
I
L
Ocean Properties and the City Commission have heretofore enteredo'
into an agreement for the exchange of land located north of the
Holiday Inn along AIA. The Commission has directed that the
exchange occur. To accommodate the exchange it is necessary to
process a land use plan amendment, a rezoning, and a subdivision
plat. The fees for each process are $1,100, $825, and $880
respectively for a total of $2,805. A request (attached) has
been made for the rezoning and subdivision fees to be waived.
The basis for the request is that this is a joint project
between Ocean Properties and the City. Ocean Properties is
absorbing all costs for surveying and preparation of documents
including the subdivision plat.
BACKGROUND:
ASSESSMENT:
The fees for the land use amendment will cover costs associated
with all phases of this project. Given the circumstances, it
appears appropriate that the request be granted. The negative
impact to the City is the loss of potential revenue in the amount
of $1,705. There will not be an actual out-of-pocket loss since
direct costs associated with processing will be covered by the
land use amendment fee.
RECOMMENDED ACTION:
Approval of the requested waiver.
Attachment:
- Currie Schneider Associates' letter of February 1, 1988
c: Project File
').0
eM 362
THE EFFORT ALWAYS MATTERS
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Currie
Schneider
Associates
AlA, PA
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1\l{hllt'( I'>, Planol""
& Interior De~ig1wr.,
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DeJra. each. Fl
33444
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191-5592.737-2279
February 1, 1988
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Mr. David Kovacs, Planning Director
Planning and Zoning Department
CITY OF DEL RAY BEACH
100 NW 1st Avenue
Delray Beach, Florida 33444
Re: Camino Real Expansion 88463
Dear Mr. Kovacs:
As applicant for the Plan Amendment, Rezoning and Subdivision of
the above referenced project, I am requesting a waiver of the
$825.00 Rezoning Fee and the $880.00 Subdivision Fee. Iq
applying, our client will pay the $1,100.00 Plan Amendment Feq
and hopes that this is sufficient to cover all the other costs. t
I submit this request as per
January 29, 1988. Thank you for
matter. Please contact me directly
need any further information.
.,
our discussion Friday morning~
your consideration in this
if you have any questions or
Sincerely,
CURRIE SCHNEIDER ASSOCIATES AlA, PA
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Partner
RGC/jp
A:David
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FROM
Joe Weldon
Director of Parks and Recreation
tlTY DF <()
DELRAY BEAtH
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DEPARTMENTAL
CORRESPONDENCE
TO
Walter O. Barr?-
City M",n"'gAT.
SUBJECT
Mausoleum Contract
2/)1.(88
For your information, the purpose of the attached Agenda Request
is that within 60 days of signing the mausoleum contract
(January 5, 1988), Total Prearrangement, Inc., is to present for
conceptual approval the mausoleum design and specifications.
Contractually, the construction of the mausoleum must begin
within 6 months that 33% of the crypts have been paid for. In
order for Total Prearrangement, Inc., to begin business, it's
necessary for the building design to be approved, with a
corresponding number of crypts and niches, so a basic price
structure can be established. Once the building design has been
conceptually approved, the plans will be forwarded to the
Building Department for plan approval.
Additionally, I would like to discuss revisions in the cemetery
Rules and Regulations and other cemetery pricing. I'm waiting
for the revised regulations to be forwarded from the City
Attorney's office.
Parks and Recreation
Attachment
JW:cc
ce: Robert A. Barcinski
File
?4-
eM 362
THE ErFORT ALWAYS MATTERS
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DEP ARTtv,ENT AL
CORRESPONDENCE
[ITY OF
DELRAY BEA[H
~(i
Walter O. Barry
TO City Manager ~
Joe Weldon
FROM Director of Parks and Recreation
SUBJECT
Background on Mausoleum Agreement
,~Y18/88
In January, 1987, proposals were requested for the construction
and operation of a mausoleum at the municipal cemetery.
Although there was some interest, there were _ no proposals
received by the February 6 deadline. After the deadline, five
(5) companies or individuals continued to show interest in the
concept and were asked to put their proposals in writing,
keeping in mind the guidelines established by the original
request. Two firms responded, Terrence Michael Lee and
Associates of Highland Beach and Total Prearrangement, Inc., of
Stuart. The committee that reviewed the proposals (Department
staff and a local funeral director) felt that Total
Prearrangement was the better proposal since it relieved the
City of the financing and risk, and still returned a fair
revenue on projected sales (See attached). Additionally, during
negotiations, language was added to the contract concerning
insurance (construction and business), performance bonds, and
escrow accounts for crypts, niches, vaults, and memorials that
further reduce the City's exposure to liability and risk.
During the hearings, some local funeral directors expressed
concern about the contract and whether it would allow for
competing services such as funeral homes and cremations. I met
with the funeral directors, and although that was never our
objective, language was specifically added to the contract to
address their concerns.
On December 22, City Commission approved the agreement with
Total Prearrangement.
The fOllowing are pertinent sections of the agreement:
1)
The term of the agreement is for twenty (20) years with an
option to review for ten (10) years.
2)
Total Prearrangement shall pay 25% of the proceeds to the
City from the sale of each lawn crypt, mausoleum and niche;
20% of the proceeds from vaults and memorials; and 50% of
the proceeds from the sale of each grave space.
3)
Construction of the mausoleum shall commence within six (6)
months that 33% of the crypts have been paid for or within
CM 362
THE EFFORT ALWAYS MATTERS
I
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four (4) years after the date of the initial crypt sale
with con~truction completed within five (5) years.
4) Prior to beginning the mausoleum, Total Prearrangement
shall supply the City with a performance bond securing 100%
of the construction of the mausoleum for payment of all
persons providing labor or furnishing materials.
5) Total Prearrangement shall set aside a construction escrow
from the proceeds of each crypt and niche and a merchandise
escrow from the sale of each vault and monument.
6) The City and Total Prearrangement shall agree on the
specific location, plans, building specifications, number
of crypts and niches, and total sales price.
7)
Total Prearrangement shall maintain a sales
Delray with the location, size, and general
to prior approval of the City, and will have
sales office within three (3) years of
agreement at the cemetery.
office within
decor subj ect
constructed a
signing the
8) On the fourth (4th) year anniversary of this agreement and
each year thereafter, Total Prearrangement must average at
least $500,000 per year in gross sales over the transpired
period of the agreement or the City has the option to
terminate the agreement.
Total Prearrangement has established their business office at
the Executive Mallon Atlantic Avenue. The agreement specifies,
in order to begin the project, that within sixty (60) days of
signing the agreement (January 5, 1988), Total Prearrangement is
to present for conceptual approval the mausoleum design and
specifications. The conceptual approval by City Commission will
determine the nwnber of crypts and niches and the prices they
can be sold for.
Additionally, I would like to discuss revisions in the cemetery
rules and regulations and increases in cemetery prices for grave
spaces and openings and closings. I'm waiting for the revised
rules and regulations to be forwarded from the City Attorney's
office.
J-s~
eldon
tor of Parks and Recreation
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Mausoleum Crypts
Single
Double
Niche
Lawn Crypt
Grave Plots:
Resident
Non-Resident
Re$erve Annex Area
Infant
Cremains
Goods & Services:
Burial Vault
Bronze Memorial
Set Markers
Opening
and
Closings
Infant
Mon. - Fri.
Sat., Sun.,
and Holidays
COMPARISON OF CEMETERY PRICES
Boca Raton
$2650-3350
$3600-4400
$675-990
$475 Old Section
$535 New Section
$150
$150 Single
$300 Double
$300 & Up - Single
$1086 & Up - Double
Delray Beach Delray Beach
Boynton Beach (Existing) (Proposed)
$1845-2745 ------------ $1495-2445
$3015-4200 ------------ $2590-4690
$450-875 ------------ $595-795
---------- ------------ $1000 Single
$1500 Double
$225 $250 $350
$600 $500 $600
$350 ------------ -------------
$37.50 $50 Resident $50 Resident
$100 Non-Resident $100 Non-Resident
$250 Resident ----------------
Double
$400 Non-Resident
Double
$250 Resident
Double
$400 Non-Resident
Double
$550.00
$750.00 & Up
$35.00 Single
$45.00 Double
$50.00
$50.00
$80 * $25.00 $30 Resident $30 Resident *
$60 Non-Resident $60 Non-Resident *
$250.00 * $125.00** $140 Resident $240 Resident *
$350.00 after 3pm $280 Non-Resident $300 Non-Resident
$800.00 * $175.00** $240 Resident $340 Resident *
$380 Non-Resident $400 Non-Resident
*INCLUDES SET-UP WITH TENT, LOWERING DEVICE, CHAINS, ETC.
**$100.00 ADDITIONAL FOR TENT,LOWERING DEVICE, CHAIRS, ETC.
:
DEPARTtv ~NTAL
CORRESPONDENCE
[ITY DF
DELRAY BEA[H
FROM
Robert Barcinski, Assistant City Manager
TO
Walter Barry, City Manager
SUBJECT LEASE AGREEMENT/PALM BEACH COUNTY CELLULAR TELEPHONE COMPANY
';'A rc
2/18/88
This is a request to enter into a lease agreement with Palm Beach County
Cellular Telephone Company. The lessee agreement would permit Cellular
Telephone to install and operate up to five (5) ten (10) foot-high antennae,
one microwave dish (up to 10' diameter) and a 12' x 28' equipment building on
City Water Plant property. The antena and dish - mounted on the water tank
at the water plant - the building to be installed on the grounds. This is a
five year lease agreement with five (5) renewable five (5) year terms subj ect
to Commission approval.
The City would receive the following as part of the lease agreement.
1. $300.00 per month rent
2. Up to seven (7) mobile and/or portable telephones installed
at no charge. Monthly rates to be as follows:
a. $5.00 per month access charge
b. Per minute charge of $ .26 primetime, $ .19 off time
(Rates subject to normal rate increases and regulatory
charges)
3. Lessee will be responsible for water tank maintenance subject
to City Manager approval.
The City Attorney has reviewed the agreement and has amended sections per the
attached.
Recommend City Commission approval of lease agreement as amended by the City
Attorney.
RB:ep
~~
U/\ 362
THE EFFORT ALWAYS MATTER"
PALM BEACH COUNTY
CELLULAR TELEPHONE COMPANY
LEASE AGREEMENT AMENDMENTS
Changes are as follows:
1. Section 3 "Term" - add to end of second sentence
,"subject to City Commission approval".
2. Section 4 (b) "Rent" change as follows:
"Lessee shall provide and install up to seven (7) mobile and/or
portable cellular telephones at no charge to the Lessor. Telephones
installed subject to City approval. Monthly rate charges will
be at preferred municipal rates; currently $5.00 per month access
charge - $ .26 per minute prime time use, $ .19 per minute off
time use. Rates subject to normal rate increases and or regulartory
changes. Monthly rates (preferred municipal) shall also apply
to other telephones purchased or leased by the City.
3. Section 4 (c) "Rent" add to sentence
"subject to City Manager approval".
4. Section 15 "Assignmentll
Eliminate second sentence.
5. Section 16 "Successors and Assigns
Eliminate section
6. Section 16 - Add new Section Titled "Special Provisions" to read
as follows:
"Prior to construction lessee will receive the following approvals.
a) C.A.B. approval for the building and landscaping.
b) Director of Planning approval for a non-inpacting site plan
modification.
c) Building Department approval for installation and structural
integrity of anchoring devices.
TO
Robert A. Barcinski, Assistant City Manager
~ 0, /.(IN~~
David J. Ko~cs, Director
Department of Planning and Zoning
[ITY DF
DELRAY BEA[H
~Ci
DEPARTt-v.~NTAL
CORRESPONDENCE
FROM
SUBJECT
CELLULAR ONE
"A rcFebruary 18, 1988
The request by Cellular One to install a microwave dish on the
south water tank (City water treatment plant site) ~ along with
five (5) whip antennae installed on the top of the water tank,
was discussed at TRC today. Comments are as follows:
Use: The use of "communication facilities" is not listed within
the list of uses in the R-1A zone district in which the property
is located. Further, the major use of the property also is not
allowed. The proper zoning of the property is community
Facilities (CF). Under the CF designation, communication
facilities are allowable as a conditional use. In another
situation, Bell South was required to obtain a conditional use
permit to establish facilities in an Industrially zoned area.
Regarding use .... a decision must be made (I suggest advice of
counsel) whether:
a) the use is not permitted; thus requiring a rezoning and
conditional use hearing prior to construction (time
frame of late Mayor late June; or,
b)
the use, as proposed, will be used by the City and
be considered as accessory to normal business and
an increase in intensity of use ...... thus,
subject to land use review or approval.
can
not
not
Reviews and Approvals: A lease agreement must include that prior
to construction approvals must be received from:
a) C.A.B. for the building and any landscaping;
b)
Director of Planning for
modification, approval to
consensus from the T.R.C.;
a non-impacting site plan
be granted upon such a
c) Building Department regarding structural integrity of
the anchoring of the devices.
Note that antennae are exempt from height regulations.
'::~/1 362
THE EFFORT ALWAYS MATTERS
To: Robert A. Barcinski, Assistant .City Manager
Re: Cellular One
February 17, 1988
Page 2
Other: While not within the scope of the Technical Review
Committee, suggestions were made that instead of a quid-pro-quo
arrangement, the City should lease the use of the tower at an
appropriate market value and use the proceeds as it deems most
appropriate.
c:
Bob Pontek, Director of Public Utilities
Gerry Church, City Engineer
Kerry Koen, Fire Chief
REF/DJK#15/B:CELLUAR.TXT
........
.... .
....... .
...... .
....... .
..... .
........
litc-..
f:IVPn
FE85 1988'
CITYM .
AiVAGI-R'~
-- " nFFICE
Cellular
One
February 4, 1988
Mr. Robert A. Barcinski, Assistant City Manager
City of Delray Beach
100 NW lst Avenue
Delray Beach, Fl 33446
Re: Water Tower Lease
Dear Mr. Barcinski:
I have enclosed a copy of the revised Lease Agreement for
the Water Tower as a result of our meeting yesterday.
I realize that you are aware of our critical
coverage problem and look forward to meeting with
Barry, and Mr. Pontek next week at your cnnvenience
the proposa 1.
cellular
you, Mr.
to review
Please advise me -l.S to whpTl ~"e can meet.
Sincerely,
.~~~- rfiJ
Thomas M. Forbes ~~-
Communications Consultant
TMF/mf
Enclosure
Palm Beach County Cellular Telephone Company, One Clearlake Centre, 250 Australian Ave.. South, Ninth Floor, West Palm Beach, FL 33401
(305) 833-1111 - 1-800-227-8643 Toll Free in Florida
PROPOSED
LEASE AGREEMENT
THIS SITE -LEASE AGREEMENT ("This Lease") is entered into
this
day of ____________,
1988 bet~een City of Delray Beach
and Palm Beach County Cellular Telephone Company ("Lessee").
For good and valuable consideration,
the parties agree as
foIl o~s:
1.
Premises.
Subject
to the follo~ing terms
and
conditions, Lessor leases to Lessee a portion (the "Premises") of
the real property (the "Property") descri bed in Exhi bi t A
attached hereto.
The Premises comprises 350 square feet and
are situated within the Property as described in Exhibit B
attached hereto.
2.
Use.
The Premises may be used by Lessee for the
transmission and reception of radio communication signal in any
and all frequencies,
for the construction and maintenance of up
to five (5) cellular antennas plus a microwave dish up to ten
(10) feet upon a water tower owned by the Lessor and an equipment
building located on the real property described in Exhibit A
attached hereto.
Lessor agrees to cooperate with Lessee in
obtaining, at Lessee's expense all licenses and permits required
for Lessee's use of the Premises.
3. Term. Except as is set forth in Paragraph 7 hereof, the
term of this Lease shall be five years, commencing upon written
notification by Lessee to Lessor of Lessor's receipt of all
1
governmental appr':lvals (the "Commencement Date") and terminating
at midnight, the last day in the month in which the fifth (5th)
annual anniversary of the Commencement Date shall have occurred.
Lessee shall have the right to e~tend this Lease for Five (5)
~~'U!> ~e.~ ., ..,....---...-Q.
additional five year terms. Each renewal term shall be on the
same terms and conditions as set forth herein,e~cept that the
rent shall be increased each term by a percentage increase in the
Consumer
Price
Inde~ (C.P.1)
for the Palm Beach
County
Statistical Area for the month ending prior to the e~piration of
the first term.
However, such percent shall not e~ceed (257.)
twenty five percent.
4. Rent.
a. Upon the Commencement Date, Lessee shall pay
Lessor, as rent, the sum of Three Hundred Dollars ($300.00) per
month ("Rent"). Rent shall be payable on the first day of each
month in advance at Lessor's address specified in Paragraph 13,
below.
b. Lessee shall provide up to seven (7) mobile and/or
portable .:ellular telephones to Lessor at no charge.
c. Lessee shall be responsible for the maintenance of
the water tower ....l.,..c:t ti. C,'t., 1vI......'lf'" ~o.,.Q.
d. I f this Lease is terminated at a time other than
on the last day of a month, rent shall be prorated as of the date
of termination, and,
in the event of termination for any reason
other tha non payment ':lf Rent, all prepaid Rents shall be
2
refunded to Lessee.
5. Interference. Lessor shall not use, nor shall Lessor
permit its leassees, licensees, invitees or agents to use, any
portion of Lessor's Properties in any way which interferes with
the operations of Lessee. Such interference shall be deemed a
material breach by Lessor, and Lessor shall have the
responsibility to terminate said interference. In the event any
such interference does not cease promptly, Lessee shall have the
right, in addition to any other rights that it may have at law or
in equity, to elect to terminate this Lease.
6. Improvements; Liability; Utilities; Access.
a. Lessee shall have the right, at its elCpense, to
erect and maintain on the Premises improvements, personal
property and facilities limited to cellular antennas, microwave
and equipment building.
b.
Lessee shall have their right to
Lessee's elCpense and to improve the
the Premises (including, but not limited
of emergency power generators). Lessee
install
present
to the
shall be
utilities, at
utilities on
installati'::on
responsible to pay any monthly utility charges attributable to
the Cellular Telephone Equipment. Lessee shall have the right to
place utilities on (or to bring utilities across) the Property in
,::order to Service the Premises and the Antenna F"acilities. Lessor
shall execute an easement evidencing this right upon Lessee's
request, the easement shall be limited to the term of the lease.
c. Lessor shall provide Lessee ingress, egress and
3
access over and under the Property to the Premises adequate to
service the Premises and the Antenna F"acilities at all times
during this lease at no additional charge to the Lessee. Lessor
shall execute an easement evidencing this right upon lessee's
request.
7. Termination. (a) This Lease may be terminated, without
any penalty or further liability, on 30 days notice as follows:
(b) by either party upon a default of any covenant or term
hereof by the other whidl is not ':ured within 60 days of receipt
of written notice of default (without, however, limiting any
other provisions hereof); (c) by Lessee if it is unable to
obtain or maintain any license; permit or other approval
necessary to the construction and/or operation of the Antenna
F"acilities or Lessee's businesses; or (d) by Lessee if the
Premises are or become unacceptable under the Lessee's design or
engineering specifications or its Antenna Facilities or the
communications system to which the Antenna F"acilities
belong.
8. Taxes. Lessee shall pay any personal property taxes
assessed on, or any portion of such taxes attributable to, the
Antenna Facilities. Lessor shall pay all real property taxes
attributable to the Property. However, Lessee shall pay as
additional rent, any increase in real property taxes levied
against the Premises which is directly attributable to the
Lessee's use of the Premises, and Lessor agrees to furnish proof
4
of such increase to Lessee.
9. Insurance.
a. Lessee will provide comprehensive liability
insurance and name Lessor as an additional insured on the policy
or policies, which comprehensive liability insurance policies
shall be at an amount .;,f not less than 2 million dollars. A copy
of the Insurance Certificate shall be sent to the Lessor. Such
liability policy shall not contain exclusions traditionally known
as care, custody, or control exclusions as the liability applies
to Lessor's property.
b. Neither party shall be liable to the other (or to
the other's successors or assigns) for any loss or damage caused
by fire or any of the risks enumerated in a standard "All Risk"
insurance policy, unless such loss is caused by the negligence of
the Lessee.
10.
Destruction of Premises.
If the Premises or the
Antenna Facilities are destroyed or damaged, Lessee may elect to
terminate this Lease as of the date of the damage or destruction
by so notifying the Lessor not more than 45 days following the
date of damage. In such event, all rights and obligations of the
parties shall cease as of the date of the damage or destruction
and Lessee shall be entitled to the reimbursement of any Rent
pre-paid by Lessee.
11.
Condemnation.
If a condemning authority takes all of
5
the Property, or a portion sufficient, in Lessee's determination,
to render the Premises unsuitable for the use which Lessee was
then making of the Premises, this Lease shall terminate as of the
date the title vests in the condemning authority.
The parties
shall be entitled to share in the condemnation proceeds in
proportion to the values ,:;)f their respective interests in the
Property.
Sale of all or part of the Property to a purchaser
with the power of eminent domain,
in face of the excercise of
power, shall be treated as a taking by condemnation.
12.
Hold Harmless.
Lessee agrees to hold Lessor harmless
from any and all claims arising from the installation, use,
maintenance, repair or removal of Lessee's Antenna Facilities,
except for claims arising from the negligence of Lessor, its
agents or independent contractors.
13.
Not ices.
All notices, requests, demands and other
given if personally delivered or mailed,
certified mail, return
receipt requested, to the following addresses:
If to Lessor, to: City Manager
City of Delray Beach, Florida
100 N.W. 1st Avenue
Delray Beach, Florida 33444
If to Lessee, to: Palm Beach County
Cellular Telephone Company
250 S,:;). Austral ian Ave., 9th Floor
West Palm Beach, Florida 33401
Copy to:
McCaw Communicati,:;)ns
(Legal Department)
5808 Lake Washington
Kirkland, Washington
Attn: Scott Morris,
Blvd., N.E.
98033
Esquire
6
14. Title and Quiet Enjoyment.
a. Lessor warrants that it has full right, power, and
authority to exe.:ute tfiis Lease and has good and unencumbered
title to the Property free and clear of any liens or mortgages.
Lessor further warrants that lessee shall have the
qui et
enjoyment of the Premises during the term of this Lease.
b. Lessee has the right to obtain a title report or
commitment
for a leasehold title policy from a title insurance
company of its choice.
If, in the opinion of lessee, such title
report shows any defects of title or any liens or encumbrances
which adversely affect Lessee's use of the Premises or Lessee's
ability to obtain leasehold financing, Lessee shall have the
right to cancel this Lease upon written notice to Lessor.
c. Lessee shall also have the right to have the
Property surveyed, and,
in the event that any defects are shown
by the survey, Lessee shall have the right set forth in sub-
paragraph (b) above.
15. Assignment. Lessee may not assign or sublet this Lease
without the express prior approval of the City Commission.
HQ.'~ever,. -&I:l~k ~p,alla..l .lfl.il~. nQ.... ....- '1R~..II=J"i1."1)' withhslrl. Any
sublease that is so approved and subsequently entered into by
Lessee, shall be subject to the provi si ons of thi s Lease.
Additionally,
Lessee may, upon notice to Lessor,
mortgage or grant a security interest in this Lease and the
Antenna Facilities to any such mortgagees or holders of security
interest including their successors or assigns (hereinafter
collectively referred to as mortgagees). Lessor agrees to notify
7
Lessee and Lessee's mortgagees simultaneously of any default by
Lessee and to give mortgagees the same right to cure any defect
as Lessee except -that the cure period for any mortgagee shall not
be less than ten days after receipt of the default notice.
16. Successors and Assigns. This Lease shall run with the
Property described on Exhibit A. This Lease shall be binding
upon and inure to the benefit of the parties, their respective
successors, personal representatives and assigns.
17. Miscellaneous.
a. The prevailing party in any litigation, arising
hereunder shall be entitled to its reasonable attorney's fees and
court costs, including appeals, if any.
b. Each party agrees to furnish to the other, within
ten (10) days after request, such truthful estoppel information
as the other may reas.:onably request.
c. This Lease constitutes the entire agreement and
understanding of the parties, and supersedes all offers,
negotiati,:ons and .:other agreements. There are no representations
or understanding of the parties, and supersedes all offers,
negotiations and other agreements. There are no representations
or understanding of any kind not set forth herein. Any
amendments to said Lease must be in writing and executed by both
parties.
d. If either party is represented by a real estate
broker in this transaction, that party shall be fully responsible
for any fee due to such broker.
8
e. Lessor agrees to cooperate with Lessee in executing
any documents (including a Memorandum of Lease) necessary to
protect Lessee' _s rights hereunder or Lessee's use of the
Premises.
DATED as of the date first set forth above
LESSOR:
By:
Its
----------------------------
Owner
LESSEE:
By: Palm Beach County
Cellular Telephone Company
Its _______________________
General Manager
9
STATE OF FLORIDA )
) 5S:
County of Palm Beach)
On this __~_ day of ____________, 1988, before me, a Notary
Public in and for the State of Florida, personally appeared
known to be the
----------------------,
-----------------------------------------------------------------
executed the within and foregoing instrument, and acknowledged
the said instrument to be the free and voluntary act and deed of
said ______________ for the uses and purposes therein mentioned,
and on oath stated that ___________ was authorized to execute
said instrument and that the seal affixed thereto, if any, is the
corporate seal of said corporation.
WITNESS my hand and the official seal affixed the day and
year first above written.
NOTARY PUBLIC in and for the
State of Florida,
residing at _________________
My Commission Expires: ______
STATE OF FLORIDA )
) 5S:
County of Palm Beach)
On this ____ day of ____________, 1988, before me, a Notary
Public in and for the State of Florida, personally appeared,
_____________________, known to be the _________________________
----------------------------------------------------------------
executed the within and foregoing instrument, and acknowledged
the said instrument to be the free and voluntary act and deed of
said _______________ for the uses and purposes therein mentioned,
and on oath stated that __________ was authorized to execute said
instrument and that the seal affixed thereto, if any, is the
corporate seal of said corporation.
WITNESS my hand and the official seal affixed the day and
year first above written.
NOTARY PUBLIC in and for the
State of Florida,
residing at ___________________.
My Commission expires: _________
10
EXHIBIT A
To the Antenna Site Lease dated
---------------------,
1988
between
as
Lessor,
and
--------------------------------------------
as Lessee.
,
11
EXHIBIT B
To the Antenna Site Lease dated
------------------------,
1988
between
-------------------------------------
as
Lessor,
and
----_________________________________ as Lessee.
The 10cation of the Premises with the Property is more
particularly described or depicted as follows:
12
WOODBROORE CONDOMINIUM ASSOCIATION
921 S. W. 20TH COURT
DELRAY BEACH. FLORIDA 33444
ilLC l~rVED
FEB 111988
February 9, 1988
CITY MAN/1GER'S nFFICE
city commissioners and
City Manager
100 N. W. First Avenue
Delray Beach, Florida 33444
Dear Sirs:
The Woodbrooke Condominiums, 915 - 941 S. W. 20th Court, Delray
Beach, Florida hereby request a variance from the Delray Beach
city Commission to the applicable code that restricts hedge
heights to a maximum of six feet.
Woodbrooke requests a variance to allow a ten foot hedge at the
rear of the above referenced property act as a buffer to the
noise and trash pollution.
The Code Enforcement Board granted a sixty day extension on
February 9, 1988.
Please notify the undersigned of the next commission Hearing when
our request can be ruled on.
Thank you for your attention.
Sincerely, 0Il:..r
f.~7DICK
President
WOODBROOKE CONDOMINIUM ASSOCIATION
18609 126TH Terrace North
Jupiter, Florida 33478
(305) 744-0706
~
CODE ENFORCEMENT BOARD ORDER OF THE CITY OF DELRAY BEACH, FLORIDA
RE: CASE NUMBER C.E.B 88-1812
Woodbrooke Condominium
Association
c/o Jeff Dick, President
18609 126th Terrace N.
Jupiter, Florida 33478
VIOLATION ADDRESS AND LEGAL DESCRIPTION:
915-941 S. W. 20th Ct., Delray Beach;
Woodbrooke Condo 1, Units 1-7, Woodbrooke
Condo 2, Units 1-6 as recorded in Plat Book
26, Page 141 of the official records of
Palm Beach County, Florida
At the Code Enforcement Board Hearing held on February 9, 1988, Woodbrooke
Condominium was found guilty by the Code Enforcement Board of the City of
Delray Beach of violating City of Delray Beach Code of Ordinance Sections as
enumerated below. The violations occur on property that the Code Enforcement
Board determined you own in Delray Beach as legally described above as the
violation address and legal description.
The Code Enforcement Board found that you were notified of the violation
enumerated below on or about January 8, 1988, and further that you were
properly notified of this Code Enforcement Board hearing on February 3, 1988
by Certified Mail which was received by J. W. Dick. Woodbrooke Association was
present at the above hearing being represented by Mark Dick, Jeff Dick's
designee.
Based on testimony and evidence offered to and accepted by the Code Enforce-
ment Board of the City of Delray Beach by Robert Kussner, Landscape Inspector,
the Code Enforcement Board adjudged by a vote of 6 to 0 that you were guilty
of the following violations which were determined to occur at the above viola-
tion address and legal description location:
1. Code of Ordinance Section 9-378(b), which requires compliance with
the landscape plan approved by the Community Appearance Board.
The evidence submitted and accepted indicated that the following
landscape plan deficiencies exist:
Complete maintenance on all landscape areas is required,
including the swale, and
Hedges.on ease side require pruming to 6', and
Irrigation system requires maintenance to provide coverage to
all landscaped areas, and
Sod requires replacement where it is dead or weed infested, and
Plant materials that are missing require replacement. The
approved plan showing missing materials was furnished to you.
It is hereby ordered and adjudged by the Code Enforcement Board of the City of
Delray Beach that Woodbrooke Condominium Association be given 30 days from the
date of this Board Order to start to correct the aforementioned violations
except that 60 days shall be allowed to either prune the hedges to 6' or to
obtain a waiver from the appropriate City body to maintain the hedges at a
PAGE TWO
higher height. If the required corrections are not made within the above time
periods, a fine of $25/day shall be assessed for the violations not corrected
until final corrections are achieved. There shall be a presumption of non-
compliance unless the violator notifies the Code Enforcement Division of the
City of Delray Beach of compliance on a timely basis.
Chairman
Date
Certified Mail U
DEPARTf\ ':::NTAL
CORRESPONDENCE
FAo~erald
B. Church, P.E., Acting Director of Public
Works/City Engineer
[ITY OF
DELRAY BEA[H
.~~~
TO Walter O. Barry, CitLManager
SUBJECT
JOINT PROJECT AGREEMENTS - DOT & CITY OF DELRAY BEACH
FOR INSTALLATION OF TRAFFIC SIGNALS ON ATLANTIC AVENUE
2/16/88
The agreements provide for the installation of new traffic signals on Atlantic
Avenue at lst, 2nd, 3rd and 4th Avenues; Venetian Drive and Gleason Street.
Note that there are two separate agreements involved. This is the second sub-
mission and DOT has modified their agreement to include our City Attorney's
indemnification provisions, as per City Attorney's letter dated December 2,
1987.
The agreements provide for the City to pay the additional cost involved for
installing the aesthetic mast arm type of traffic signals. The total additional
cost involved for the six intersections is $33,600, which has been included in
the Traffic Operations budget.
"
The agreements have been reviewed by the Engineering Department and we find
them in order.
By a copy of this memorandum to the City Attorney, we are requesting his review
of the agreements after which they may be submitted for City Commission approval.
GBC:mrc:mld
,.
Attachments
cc: City Attorney
CM 362
THE Ei'FORT ALWAYS MATTERo
24
110II..........
-
-IJ
DEPARTMENT OF TRANSPORTATION
FLORIDA
Ml'EN.~UO/'II
__AU
780 Southwest 24 Street
Fort Lauderdale, Florida 33315-2696
Telephone: (305) 524-8621
FEn 8 1988
February 2, 1988
Mr. Gerald Church, City Engineer
City of Delray Beach
100 N.W. First Avenue
Delray Beach, Florida 33444
Dear Mr. Church:
RE: State Road 806!Atlantic Avenue
W.P.I. No. 4118422
State Project No. 93030-3901 /7J
JOINT PROJECT AGREEMENT (REVISION) l/
'f
Enclosed please find five (5) original copies of the above subject
agreement for your review and approval.
If acceptable, please have the City execute this agreement along
with City Resolution authorizing said Agreement and return all five (5)
copies for the Department to execute.
Should you have any questions regarding this agreement, please do
not hesitate to contact this office.
C. C. Barrett, Jr.
Manager of Programming
and Contractual Services
CCB:dm
Enclosures
Copies to:
/j,
V
C;JI
~,. ~. ,,--//( I' d~-,,( /'h,i--~~~ //./
Jorge Gonzalez - FOOT
t/lil
, /', r ~ /" //u"ijI'( ('e'/
...". / /,.... r. i-
..,.,' (/7 .tltl'.'."/-f 1'; f"N' /
,_ .,_/,. ,,'U. t.t:.
r''''''
J' .
- J'l,.,-
" ; ~ 9 i/Tf:;
JOlllT PROJECT AGREEMENT
between
STATE OF FLOKlDA DEPAJmu.aI OF TIWISPOB.TATIOlf and
CITY OF DELRAY BEACH for
THE IBSTALLATIOII OF AESIIUHJ.C HAST AIlKS
AT THE IIlTERSECTIOII OF ATLAIITIC AVEIIlJE
WITH S.E. 211D AVEIIlJE AJID S.E. 31m AVEIIlJE
BEU:IIIAFTEI. CALLED THE "P1IOJECT".
THIS AGREEMENT, entered into this _____ day of , 1988, by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called
the "DEPARTMENT", and the CITY OF DELRAY BEACH, FLORIDA, hereinafter calle~ the
"CITY".
WIT N E SSE T H
WHEREAS, the DEPARTMENT has prepared, in connection with State Project
Number 93030-3901, (WPA No. 4118422); to improve signalization along SR 806
(Atlantic Avenue) with S.E. 2nd Ave., FEC Crossing #272492 & S.E. 3rd Ave; and
WHEREAS, the CITY is desirous having aesthetic mast arms installed at
S.E. 2nd Ave. and S.E. 3rd Ave. in conjunction with upgrading the traffic
signals at these intersections.
NOW, THEREFORE, and in consideration of the mutual benefits to be
derived from joint participation on the Project, the parties agree to the
following:
1. The CITY will pay the DEPARTMENT $5,600.00 .for each intersection
that an Aesthetic Mast Arm is installed, and two (2) intersections will total
$11,200.
'--}
2. The CITY will pay the DEPARTMENT $11,200.00 and will deposit this
sum with the DEPARTMENT upon notification that the DEPARTMENT has received bids.
3. The DEPARTMENT will prepare the plans, specifications and estimates
for the Project, and let the Project to construction.
I. ""___.....__.__..__ ""'__J~~~_J.__
6. As a material consideration for the Department's entry into this
agreement, toothe extent permitted by law, and subject to the provisions and
limitation of Section 768.28, Florida Statutes, the City hereby agrees to
indemnify, defend ~ave and hold harmless the Department from all claims,
demands, liabilities and suits of any nature whatsoever arising out of, because
of, or due to the breach of this Agreement by the City, its agents or employees,
or due to any act or occurrence of omission or commission by the City, its
agents or employees. It is specifically understood and agreed that this
indemnification agreement does not cover or indemnify the Department for its own
negligence or breach of contract.
7. All invoices presented for payment by the DEPARTMENT but not paid
within ninety (90) days will bear interest at the rate of 12% per annum from the
date of presentation. In the event it becomes necessary for the DEPARTMENT to
institute suit for the enforcement of the provisions of the agreement, the CITY
shall pay the DEPARTMENT a reasonable attorney's fee. Alao, in the event of
litigation, the parties agree that the Laws 'of the State of Florida will apply.
8. The CITY warrants that it has not employed or obtained any company
or person, other than bona fide employees or consultants of the CITY to solicit
or to secure thia Agreement and it has not paid or agreed to pay any company,
corporation, individual or firm, other than a bona fide employee or consultant
employed by the CITY. For the breach or violation of this provision, the
DEPARTMENT shall have the right to terminate the Agreement without liability at
,
,
its discretion and to withhold additional payments or funds budgeted and
allocated for this PROJECT.
9. This Agreement or any interest herein, shall not be assigned.
transferred or otherwise encumbered under any circumstances by the CITY without
the prior written consent of the DEPARTMENT. However, the Agreement shall run
to the DEPARTMENT and its successors.
10. In the event this Contract is in excess of TWENTY FIVE THOUSAND
DOLLARS ($25.000.00) or has s term for a period of more than one year. the
provisions of Chapter 330.135(8)(a), Florida Statutes are hereby incorporated.
"The Department shall not, during any fiscal year. incur any liability.
or enter into any contract which, by its terms, involves the
expenditure of money in excess of the amounts budgeted as available for
expenditure during such fiscal year. Any contract, verbal or written,
made in violation of this subsection shall be null and void and no
money shall'be paid thereon. The Department shall require a statement
from the Comptroller of the Department that funds are available prior
to entering into any such contract or other bidding commitment of
funds. Nothing herein contained shall prevent the making of contracts
for a period exceeding one year, but any contract so made shall be
executory only for the value of the services to be rendered or agreed
to be paid for in succeeding fiscal years; and this paragraph shall be
incorporated verbatim in all contracts of the Department in excess of
$25.000.00 and having a term for a period of more than one year."
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first above written.
CITY OF DELRAY BEACH, FLORIDA
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
BY:
MAYOR
Deputy Assistant Secretary
ATTEST:
Clerk
(SEAL)
ATTEST:
(SEAL)
Executive Secretary
RECOMMENDED APPROVAL:
APPROVED
FLORIDA DEPARTMENT OF TRANSPORTATION
BY:
City Manager
BY:
APPROVED AS TO FORM AND CONTENT
SUFFICIENCY: .
Attorney
BOB/IIAR11/"IEZ
GOWMOR
DEPARTMENT OF TRANSPORTATION
FLORIDA -
KAl'El'II.IIEl'mE~
OECIU!TARY
780 Southwest 24 Street
Fort Lauderdale, Florida 33315-2696
Telephone: (305) 524-8621
February 2, 1988
Mr. Gerald Church, City Engineer
City of Delray Beach
100 N.W. First Avenue
Delray Beach, Florida 33444
Dear Mr. Church:
RE: State Road 806/Atlantic Avenue
W.P.I. No. 4118463
State Project No. 93030-3507
JOINT PROJECT AGREEMENT (REVISION)
Enclosed please find five (5) original copies of the above subject
agreement for your review and approval.
If acceptable, please have the City execute this agreement along
with City Resolution authorizing said Agreement and return all five (5)
copies for the Department to execute.
Should you have any questions regarding this agreement, please do
not hesitate to contact this office.
C. C. Barrett, Jr.
Manager of Programming
and Contractual Services
CCB:dm
Enclosures
Copies to: Jorge Gonzalez - FDOT
Jonrr PROJECT AGllEEMERT
between
STATE OF 'FLOllIDA DEPAlllftlUU OF TlWISPOllTATIOII
and
CITY 01' DEL1IAY BEACH
for
TIlE IJlSTALLATlOIf OF AESrunC HAST AIIHS
AT TIlE IIfTEllSECTlOll OF ATLAlfTIC AVBIfUE
AIfD E. nllST AVE., E. FODK"l1I AVE., vIUIIIT1AIf DIl.,
AIfD GLEASOIf ST.
JIEllEDIAI'TEll CALLED TIlE "PROJECT".
THIS AGREEMENT, entered into this _____ day of , 1988, by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinsfter called
the "DEPARTMENT", and the CITY OF DELRAY BEACH, FLORIDA, hereinafter called the
"CITY".
WIT N E SSE T H
WHEREAS, the DEPARTMENT has prepared, in connection with State Project
Number 93030-3507, (WPA No. 4118463); to improve signalization along SR 806
(Atlantic Avenue); and
WHEREAS, the CITY is desirous having aesthetic mast arms installed in
conjunction with upgrading the traffic signals at the intersections of Atlantic
Avenue and E. 1st Ave., E. 4th Ave., Venetial Drive and Gleason Street.
NOW, THEREFORE, and in consideration of the mutual benefits to be
derived from joint participation on the Project, the parties agree to the
following:
1. The CITY will pay the DEPARTMENT $5,600.00 for each intersection
that an Aesthetic Mast Arm is installed, and four (4) intersections will total
$22,400.
2. The CITY will pay the DEPARTMENT $22,400.00 aud will deposit this
sum wit.h t:hs DEPARTMF.NT nnnn nnf"if'-f,.Af"inn f""a" ...... nTi"'DAD.........MT l...._ ____".._~ \".1..2_
5. The teras, conditions and method of payments for 1IUlintenance are or
will be couta1.ned in a separate "Standard Maintenance Agreement" dated
between the DEPARTMENT and the CITY.
6. As a 1IUlterial consideration for the Department's entry into this
agreement, to the extent permitted by law, and subject to the provisions and
limitation of Section 768.28, Florida Statutes, the City hereby agrees to
indemnify, defend save and hold harmless the Department from all claims,
de1lUlnds, liabilities and suits of any nature whatsoever arising out of, because
of, or due to the breach of this Agreement by the City, its agents or employees,
or due to any act or occurrence of ~ission or commission by the City, its
agents or employees. It is specifically understood and agreed that this
indemnification agreement does not cover or indemnify the Department for its own
negligence or breach of contract.
7. All invoices presented for payment by the DEPARTMENT but not paid
within ninety (90) days will bear interest at the rate of 12% per annum from the
date of presentation. In the event it becomes necessary for the DEPARTMENT to
institute suit for the enforcement of the provisions of the agreement, the CITY
shall pay the DEPARTMENT a reasonable attorney's fee. Also, in the event of
litigation, the parties agree that the Laws of the State of Florida will apply.,
8. The CITY warrants that it has not employed or obtained any company
or person, other than bona fide employees or consultants of the CITY to solicit
or to secure this Agreement and it has not paid or agreed to pay any company,
"
corporation, individual or firm, other than a bona fide employee or consultant
employed by the CITY. For the breach or violation of this provision, the
DEPARTMENT shall have the right to terminate the Agreement without liability at
its discretion and to withhold additional payments or funds budgeted and
allocated for this PROJECT.
9. This Agreement or any interes~ Herein,. shall not be assigned,
transferred or otherwise encumbered under any circumstances by the CITY without
the.. prior written consent of tne DEPARTMENT. However, the Agreement shall run
10. In the event this Contract is in excess of TWENTY FIVE THOUSAND
DOLLARS ($25,000.00) or has a term for a period of more than one year, the
provisions of Chapter 330.135(8)(a), Florida Statutes are hereby incorporated.
"The Department shall not, during any fiscal year, incur any liability,
or enter into any contract which, by its terms, involves the
expenditure of money in excess of the amounts budgeted as available for
expenditure during such fiscal year. Any contract, verbal or written,
made in violation of this subsection shall be null and void and no
money shall be paid thereon. The Department shall require a statement
from the Comptroller of the Department that funds are availsble prior
to entering into sny such contract or other bidding commitment of
funds. Nothing herein contained shall prevent the making of contracts
for a period exceeding one year, but any contract so made shall be
executory only for the value of the services to be rendered or agreed
to be paid for in succeeding fiscal years; and this paragraph shall be
incorporated verbatim in all contracts of the Department in excess of
$25,000.00 and having a term for a period of more than one year."
IN WITNESS WHEREOF, the parties hereto have executed this Agreemeqt the
day and year first above written.
CITY OF DELRAY BEACH, FLORIDA
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
MAYOR
BY:
Deputy Assistant Secretary
ATTEST:
Clerk
(SEAL)
ATTEST:
(SEAL)
Executive Secretary
RECOMMENDED APPROVAL:
APPROVED
FLORIDA DEPARTMENT OF TRANSPORTATION
BY:
City Manager
APPROVED AS TO FORM AND CONTENT
SUFFICIENCY:
BY:
Attorney
DEP ARTI\ .eNT AL
CORRESPONDENCE
[ITV DF
DELRAY BEA[H
TO Walter O. Barry, ~ty Manager
THROUGH:Q!Pavid M. Huddleston, Finance Director
FROM Ted Glas, Purchasing Administrator ~~
SUBJECT Bids on Two (2) Tractors with Mowers, Bid #88-46
2-5-88
Invitations to Bid were mailed to twenty-four (24) area vendors.
A formal bid opening was conducted on January 21, 1988, at which
time five (5) bids were received, per attached Tabulation of Bids.
PART ONE:
Following staff analysis and review, approval is recommended of
low bid submitted by Tropical Tractor & Turf Company for $9,411.63.
f I
PART TWO:
Following staff analysis and review, approval is recommended of
low bid submitted by Tropical Tractor & Turf Company for $8,874.42.
These are budgeted items for Parks & Recreation Department and
funding is in Account #001-4131-572, as replacement items for a
1973 Ford 3000 and a 1974 Ford 3000.
Attachment: (1)
Tabulation of Bids
TG:kwg
"J.6 ~ .
eM 362
THE EFFORT ALWAYS MATTERS
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FROM
SUBJECT
CM 3S2
DEPART,.lENTAL
CORRESPONDENCE
[ITV DF
DELAAY BEA[H
Ted Glass
Purchasing Director
Joe Weldon
Director__o_f_~arks and Recreation
Purchase of two (2) tractors
2/12!88
~ATt:
Attached please find an agenda and requisition for the purchase
of two (2) tractors and mowers from the low bidder, Tropical
Tractor and Turf, in the amount of $18,286.05. The John Deere
1050 replaces a 1973 Ford 3000 and the John Deere 855 replaces a
1974 Ford 3000.
, ~ Q ,
........, '.~''; ,r..,r --'
Parks and Recreation
, I
JW:cc
Attachment
THE Ef'FfjRT AL,'lAYS MATTERo
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3:
DEPARTf.,cNT AL
CORRESPONDENCE
[ITV DF
DELAAY BEA[H
~(i
TO Walter O. Barry, Ci~y Manager
THROUGH~ David M. Huddleston, Finance Director
FROM Ted Glas, Purchasing Admini stra tor #"y
Bids on Rehabilitation of Storm Drains, on Banyan Drive,
W~~T Bolender Drive, and Spanish Trail Bid #88-43
JATE
2-5-88
Invitations to Bid on this work were mailed to eight (8) contractors
on January 8, 1988. A legal advertisement was placed in the Palm
Beach Post on January 4, and January 11, 1988.
Two contractors responded at the January 29, 1988 bid opening. A
Tabulation of Bids is attached for your review.
There is a significant difference in the two bid prices, however
Engineering's estimate for the work is $20,600.
Following staff analysis and review, it is recommended that the
contract be awarded to the low bidder, Utilities Services, Inc.,
for the amount of $18,839.20.
Funding is in General Fund Reserve Capital Improvements Account
#001-6411-541-60.63.
Attachments: (2)
Tabulation of Bids
Recommendation from Engineering Division
TG:kwg
eM 362
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V""b.
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DEPARTI..ENT AL
CORRESPONDENCE
FROM
,'}Ill Gerald B.
Church, City Engineer
[ITV DF
DELAAV BEA[H
~(j
TO
Walter O. Barry, City Manager
SUBJECT
Rehabilitation of Storm Drains
(Banyan Drive, Bolender Drive & Spanish Trail)
DATE 2-2-88
On January 29th, bids were received for the subject project. Of
the 2 bidders, Utilities Services, Inc. submitted the low bid in
the amount of $18,839.20. The work consists of lining existing
metal storm drain pipes with plastic pipe. This method prevents
the cos,tly excavating of the pipes to make repairs. The low
bidder has satisfactorily performed similar work for the City in
the past. Therefore, it is recommended that the contract be awarded
to the low bidder, Utilities Services, Inc. of Pompano Beach. A
copy of the bid tabulations is attached for your reference.
Funds are available in the General Fund (Reserve) (Account No.
001-6411-541-60.63).
An Agenda Request Form is attached for further processing.
CM 362
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3:
DEPART;, .ENT AL
CORRESPONDENCE
[IT V DF
DELAAV BEA[H
~ti
TO Walter O. Barry, :~ty Manager
THROUGH~David M. Huddleston, Finance Director
FROM Ted Glas, Purchasing Administrator ~~
SUBJECT
Bids on Rental Rehabilitation Program
2-16-88
The Community Development Division handles and processes their
own formal bids on housing rehabilitation, subject to Purchasing
Division review.
purchasing's review of Bid #88-29, #88-35, and #88-49 finds them
to be in order with City Purchasing Procedures.
Staff recommendation to award contracts is as follows:
Property
Contractors
Cost
211 S. Swinton Avenue
342 N.E. 3rd Avenue
112 N. Swinton Avenue
236 S.E. 3rd Avenue
117 S.W. 4th Street
First Const. of Palm Beach
Henry L. Haywood
Henry L. Haywood
B & Jr Construction
Henry L. Haywood
$83,727
20,190
10,170
30,783
16,000
In addition, a 10% contingency allowance is requested, if needed.
Funds for the work are available in Account #118-1975-554,
(Rental Rehabilitation Program).
Attachments: (2)
Memorandum from Coordinator of Community Development
Bid Information Sheets
TG:kwg
CM 362
THE EFFORT ALWAYS MATTERS
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DEP ART~ ~ENT AL
CORRESPONDENCE
Walter O. Barry, City Manager
TO
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[ITV DF
DELRAY BEA[H
~~(i
Coordibator
FRO~ula Butler, Community Development
Rental Rehabilitation Program / Contract Award
SUBJECT
2/11/88
~:.. fE
In accordance with the City of Delray Beach Community Development
Division's approved Statement of policies and Procedures, we are hereby
requesting City Commission approval of five Rental Rehabilitation
Deferred Loans. The program provides for the rehabilitation of inves-
tor owned substandard units, located within the CDBG Target Area.
Contract awards are based on actual cost of the rehabilitation to an
eligible structure. OWners are eligible for a dollar for dollar match
of Rental Rehabilitation Funds for total cost, not to exceed $5,000 per
unit.
Community Development staff provided the detailed work write-ups, cost
estimates for work specifications, and bid process on all eligible
structures. Investors are required to escrow their share of the cost
with the City prior to the issuance of the Notice to Proceed.
Inspection of work will be done by the City'S Building and Inspection
.,Department and the Community Development Division. Contracts will be
.. executed between the building contractor and the property owner. The
City remains the agent and this office will monitor all work performed
by the contractor and will ensure compliance according to specification
and program guidelines. Pay request will require both contractor's and
owner I s signatures. Funds will be disbursed on a dollar for dollar
basis matching the owners share with the Rental Rehabilitation Funds.
The owners and properties have met the eligibility requirements as
specified in the Rental Rehabilitation Program description.
Detailed work write-ups and individual files are available for review
at the Community Development Office. The contract award and bid
summary sheets are attached for your reference.
eM 362
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DEPART~ "=NTAL
CORRESPONDENCE
[ITY DF
DELRAY HEAlH
~~
TO Walter O. Barry, City Manager
THROUGH:~David M. Huddleston, Finance Director
FROM Ted Glas, purchasing Administrator <!/'~
SU~ECT Bids on F.E.C. Railroad Barricades, Bid #88-41
,~" 2-8-88
Invitations to Bid were mailed to six (6) contractors on
December 18, 1987. A legal advertisement was placed in the Palm
Beach Post on December 28, 1987 and January 4, 1988.
Two contractors responded at the January 22, 1988 bid opening.
A Tabulation of Bids is attached for your review.
Following staff analysis and review, it is recommended that the
contract be awarded to low bidder, R.P.M. Construction Company,
Inc., for $23,805.
Funding is in Atlantic Avenue Beautification Project, Account
#333-4142-572-61.19.
Attachments: (2)
Tabulation of Bids
Reco~mendation from Engineering Division
TG:kwg
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DEPARTr "ENTAL
CORRESPONDENCE
[ITY DF
DELAAY BEA[H
~~(i
Walter O. Barry
City Manager
FROM r;lGerald B. Church, P.E.
}~ Acting Dir. of Public Works/
City Engineer
TO
SUBJECT
F.E.C. RAILROAD BARRICADES
DATE 2/1/88
On January 22nd, bids were received for the subject project. Of the
two bidders, R.P.M. Construction Company, Inc., submitted the low
bid in the amount of $23,805.00. The work involves the placement of
decorative barricades in the Florida East Coast Railroad Right-Of-
Way in conjunction with the City Beautification Project. It should
be noted that our previous estimate of $10,000 was for shorter posts
to be installed by City forces. A copy of the bid tabulation is
attached for your reference.
The low bidder has satisfactorily worked on other City projects.
Therefore, it is recommended that the contract be awarded to R.P.M.
Construction Company, Inc., of Deerfield Beach, in the amount of
$23,805.00.
The funding source needs to be identified since the project is not
under Engineering Department funding jurisdiction.
An agenda request form is attached for further processing.
GDC:GBC:mrc
Attachments
eM 362
THE EFFORT ALWAYS MATTER_-
t
[Iry DF DELAAY BEA[H
CITY ATTORNEY'S OFFICE 310SEIstSTRflTSlilTl4
IlLfRAY BEACH, LLORIDA 33483
305/243-7090
MEMORANDUM
Date:
February 18, 1988
To:
City Commission
~ lrf-\;"
De1rav Beach
\\\
From:
Herbert W.A. Thiele, City Attorney
Subject:
Wendell Robinson vs. City of
This is a law suit which involves a claim for false arrest and
stems out of the arrest of Wendell Robinson on July 5, 1984 for
disorderly intoxication. We have received an offer from Mr.
Robinson's attorney, Moses Baker who is with Montogomery,
Searcy and Denney in West Palm Beach to dismiss this case upon
payment of $1,259 to his client.
'rhis is a case in which we are at the very early stages of
discovery and have expended very little in the way of costs.
It is anticipated that trying this case will take approximately
2 days and there will be numerous depositions taken with costs
sUbstantially exceeding the expenditure of $1,259. However, it
is the City Attorney's Office's position that this is a non
liability case on the part of the City and the officers in-
volved in the arrest. In fact the officer who initiated the
arrest, Jack Makler was named Officer of the Month for his
efforts relating to the arrest.
The arrest took place on July 5, 1984 after a vehicle driven by
Willie Robinson ran through a stop sign on S.W. 4th Avenue and
proceeded across Linton Avenue. Willie Robinson, the driver of
the vehicle was subsequently determined to be guilty of driving
while intoxicated. In proceeding with his investigation,
Officer Makler although Off-duty, followed the vehicle until it
eventually came to a stop at the FEe Railroad right-of-way at
which point it was forced to stop because of the railroad ties
that were in place. At that time, one of the passengers in the
vehicle, who turned out to be a black female prostitute, came
running towards Officer Makler screaming hysterically that she
was being accosted and as evidence thereof her shirt had been
ripped and her breasts were exposed. Wendell Robinson, the
brother of Willie Robinson, was also a passenger in the
vehicle. FolloWing the girl's escape from the vehicle, Willie
and Wendell also exited the vehicle. During the course of
Officer Makler's investigation, Wendell Robinson was verbally
belligerent, appeared to be intoxicated and interfered with the
~b
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City conunission
February 18, 1988
Page 2 -
investigation that was taking place. At the scene, Wendell
Robinson was placed under arrest for disorderly intoxication.
The Circuit Court dismissed the charges against Wendell
Robinson and Subsequently Mr. Robinson through his attorney,
Moses Baker, proceeded with his claim against the City for
false arrest.
By copy of this memo to the City Manager, we are requesting
that the Plaintiff's offer to settle this lawsuit be placed on
the February 23, 1988 agenda for your consideration.
Should you have any questions concerning this matter, please do
not hesitate to contact our office prior to that meeting.
JSK:sh
cc: Walter O. Barry, City Manager
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