06-14-88 Regular
CITY OF DELRAY BEACH
REGULAR MEETING - CITY COMMISSION
JUNE 14, 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
proceedings, and for this purpose such persons may need to ensure that
a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based. The City
does not provide or prepare such record.
l. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Proclamation:
The Woods Schools National Award - Betsy K. Gerner.
5. Presentation:
Conceptual Design in Alternatives for Air Stripping (CH2 M Hill).
6. Agenda approval.
Action: Motion to approve.
PUBLIC HEARINGS
7. ORDINANCE NO. 31-88 (First Reading) : An Ordinance revising and
rearranging the Code of Ordinances and amending the City Charter to
provide for change from City Council to City Commission. If passed,
Second Reading June 28th.
2. ORDINANCE NO. 33-88 (First Reading) : An Ordinance rezoning land
presently zoned RM-10 to CF to allow construction of a parking facility
north of N. E. 1st Street. If passed, Second Reading June 28th.
9. WAIVER TO PROVISIONS OF THE SIGN CODE: Request to permit signs at
Atlantic Plaza to accommodate Jacobson's Department Store.
10. RESOLUTION NO. 31-88: A Resolution repealing Resolution No. 15-86
authorizing the exchange of property owned by the City and Ocean
Properties, Ltd.
COMMISSION ACTION
1I. ANNEXATION - ENTERPRISE LEASING PROPERTIES: Requesting annexation
of property owned by Enterprise Leasing with initial City zoning of GC.
12. ANNEXATION - BORTON VOLVO. Requesting annexation of property
owned by Borton Volvo, Inc. with initial City zoning of SC (Specialized
Commercial).
13. CONDITIONAL USE PERMIT REQUEST (CU 6-238) : Requesting a
conditional use permit by the Bible Church of God.
14. AMENDING ZONING CODE - SITE PLAN AND CONDITIONAL USE APPROVALS:
Recommendation relative to amendment of the Zoning Code to provide for
a time period for validity of site plan and conditional use approvals
and related items.
15. LAND USE MAP AMENDMENT - CITY OWNED PROPERTY AT MIRAMAR AND
VENETIAN: Recommendation to initiate an amendment to the City's Land
Use Map from P (Public) to MF-15.
AGENDA
Page 2
16. SALE OF CITY OWNED PROPERTY - MIRAMAR AND VENETIAN: Initiation of
activity to sell City owned property.
17. LEASE AGREEMENT _ CASON COTTAGE FOR USE BY HISTORICAL SOCIETY AND
OLD SCHOOL SQUARE INC: Request approval of lease agreement with the
De1ray Beach Historical Society and Old School Square Inc. for the
lease of Cason Cottage.
18. WAIVER OF PROCESSING FEES - RAINBERRY BAY: Requesting waiver of
processing fees in the amount of $165'.00.
19. WATER SERVICE - HARDRIVES , INC: Requesting approval of a
specialized water service agreement.
20. REJECTION OF FIRE TANKER BID: Request rejection of bid for
tanker, that specifications be revised and then rebid.
2I. UTILITY AGREEMENT - CONGRESS AVENUE WIDENING: Reques.t
authorization for execution of modified Utility Agreement between the
City and Palm Beach County concerning Congress Avenue widening.
22. SETTLEMENT OFFER - WALKER VS CITY: Settlement offer from Florida
Insurance Guarantee Association (FIGA) in the case of Walker vs City of
Delray Beach.
23. APPEAL OF PALM BEACH NEWSPAPERS VS CHARLES KILGORE: Request
authorization to proceed with appeal of Palm Beach Newspapers, Inc. vs
Charles Kilgore.
24. SETTLEMENT OFFER - ROBINSON VS CITY: Settlement offer from
Wendell Robinson in the amount of $500.00.
25. REDEFINITION OF FRONTAGE: Requesting direction in dealing with
the problem of double frontage lots.
26. AUBURN TRACE HOUSING PROPOSAL: Consideration of proposal update
on Procacci contract relative to Auburn Trace.
CONSENT AGENDA
27. RESOLUTION NO. 32-88: A Resolution assessing the costs for
abatement action required to remove an unsafe building on property at
840 South Swinton Avenue.
28. OFFER OF SALE OF LAND - ANTHONY WILLIAMS.
29. RESOLUTION NO. 34-88: A Resolution assessing the costs for
abatement action required to remove an unsafe building on property at
542 N. W. 47th Avenue.
30. RESOLUTION NO. 35-88: Resolution abandoning a six foot wide
utility easement at 2514 Bessie Street.
3I. SOLICITATION PERMIT - GREENPEACE USA.
32. ADDENDUM TO RECODIFICATION CONTRACT: Request authorization to
execute Addendum to Contract between the City and American Legal
Publishing Corporation for subscription service and pamphlets.
33. APPOINTMENT - DELRAY BEACH HUMAN RELATIONS COMMITTEE: Consider
appointment of member to the Delray Beach Human Relations Committee.
34. AWARDS OF BIDS AND CONTRACTS:
A. Atlantic Avenue Beautification Project - Charles S. Whiteside,
Inc. - $1,500,000.00.
AGENDA
Page 3
B. Life Guard Towers - Ralph Osborne, Inc. - $18,124.
C. Janitorial Services-City Hall - Clean Best of Florida -
$14,000.
D. Fire Fighting Equipment for new Pumpers - Ten-8 Fire
Equipment, Inc. - $11,439.82.
E. Rental Rehabilitation Program - Darryl Cook - $5,000.00.
F. Community Development Block Grant Program _
Henry Haywood - $13,935.00.
Darryl Cook - $11,930.00.
FEC - $32,095.
G. Inez T. Dean - Purchase of Lot 7, Nichols Second Addition _
$38,500.00.
H. Project & Interim Management Executives (PRIME) - Not to
exceed $20,000.00.
I. Ernst & Whinney - Auditing Services - $15,000 to $18,000.
PROCEDURAL ITEMS
35. Comments and Inquiries on Non-Agenda Items by Citizens.
36. Approval of minutes of Regular Meeting of May 24, 1988 and Special
Meeting of May 27, 1988.
37. Comments and Inquiries on Non-Agenda Items:
A. Commission.
B. City Attorney.
C. City Manager.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA REPORT - MEETING OF JUNE 14, 1988
DATE: June 10, 1988
PRESENTATION
Item No. 5 Representatives from CH2M Hill will present conceptual
design in alternatives for Air Stripping.
PUBLIC HEARINGS
Item No. 7 (Ordinance No. 31-88) This is a First Reading of an
Ordinance revising and rearranging the Code of Ordinance and amending
the City Charter to provide for change from City Council to City
Commission.
Recommend approval of Ordinance No. 31-88 amending the City Charter to
provide for change from City Council to City Commission.
Item No. 8 (Ordinance No. 33-88) This is a First Reading of an
Ordinance rezoning properties located north of N.W. 1st Street from
RM-10 to CF for the purpose of constructing a public parking garage.
The Planning and Zoning Board recommended, on a 6-1 vote, rezoning to
CF (Community Facilities). The Community Facilities designation is
permitted within the existing RM-10 usage and thus a Land Use Plan
amendment is not required. Approval of this zoning change will allow
construction of a pUblic parking facility adjacent and north of the
proposed Jacobson's Department Store to proceed.
This agenda item is for rezoning of property only. It does not
address any of the site plan issues which have been discussed recently
reo the specific location of a pUblic parking facility. There will be
subsequent opportunities to discuss the specific site plan, street
configuration and other details of the parking facility. This item
however is limited to specific acceptance of the "north" location for
the parking facility and provides for zoning to accommodate its
construction.
Recommend approval of Ordinance No. 33-88 designating a City zoning
of C.F. for properties located east of 7th Avenue and north of N. W.
1st Street.
Item No. 9 This is a request for a sign code variance. Relief can be
granted pursuant to provisions of Ordinance No. 47-86 through which
the Commission can waive those provisions of the City Ordinance where
no other avenue of relief is provided. The Code requires that waiver
action be preceded by public hearing following proper advertisement.
This item is requested by the developer of Atlantic Plaza to
accommodate certain sign requests by the Jacobson's Department Store
people. Provisions of the sign code which this waiver action involves
include:
A. Prohibition of roof mounted signs.
B. Prohibition of off site signs.
C. Limitation of the number of signs permitted per business.
D. Modification to the Atlantic Plaza Pylon sign.
The Community Appearance Board (CAB) at their June 8th meeting agreed
to work with the Jacobsons' people to accommodate their request. The
AGENDA REPORT
Meeting of June 14, 1988
Page 2
CAB and staff recognize that accommodating these request may make our
job of sign code enforcement elsewhere in the City more difficult. We
presently have approximately 100 non-conforming signs in the City
which are scheduled for enforcement actions. A list of sign locations
is enclosed in your agenda package. It is evident that additional
staff work and CAB deliberation will be required as this item is
considered. I've asked staff and representatives from the CAB to be
present Tuesday evening to discuss the findings of the June 8th, CAB
meeting.
Recommend Commission consideration
Sign Code provisions which affect
Atlantic Plaza.
of Jacobsons' request for waiver of
the proposed sign locations at
Item No. 10 (Resolution No. 31-88) This Resolution repeals
Resolution No. 15-86 authorizing the exchange of property owned by the
City and Ocean Properties, Ltd. Previously a land exchange involving
similar property descriptions was authorized. The configuration of
the parcels to be exchanged has been altered to accommodate relocation
and construction of Fire Station No. 2 and a new agreement is
required.
Recommend approval of Resolution No. 31-88 authorizing a land
exchange between the City and Ocean Properties.
COMMISSION ACTION
Item No. 11 Annexation- Enterprise Leasing Company. This is a request
for annexation of property on the East side of South Federal Highway
between Avenue Hand LaMat Avenue. Enterprise Leasing represented by
Beril Kruger and Associates is requesting annexation of a 6.68 acre
parcel of property with an initial City zoning of GC. The present
County zoning is General Commercial for Lots 6 through 13 and
Residential for Lot 14. Adjacent City zoning is GC to the south which
presently contains a Seven Eleven Store.
Planning &
GC zoning
annexation
Zoning Board has recommended approval of the annexation and
subject to the stipulation that all lots involved in the
(Lots 6 through 14) be platted into a single parcel.
At your workshop meeting on May 27th the consensus of the Commission
was that any annexation and zoning applied should not extend
commercial zoning into the residential zone which presently exist. As
a result the petition before the Commission should be denied as it is
inconsistent with the opposition expressed at your Workshop Meeting.
The owner's representative will be present. It would be appropriate
to ask whether or not an amended annexation petition applying a zoning
of GC to Lots six through thirteen and RH to Lot 14 will be
acceptable. If this were the case then an Ordinance to this affect
could be prepared for subsequent action.
Recommend denial of an annexation request with initial zoning of GC to
Lots six through fourteen of the Enterprise Leasing parcel.
Item No. 12 Annexation of Property on North Federal Highway adjacent
to N.E. 22nd Street extended. Borton Volvo, Inc. represented by
Roger Saberson, P.A. has requested voluntary annexation of a 4.9 acre
parcel of property located on North Federal Highway adjacent to N.E.
22nd Street extended. The present County zoning is GC (General
Commercial) with adjacent zoning CG (General Commercial) to the north,
south and west of property. Zoning to the east is SF (Single Family).
The level of service is "An meaning that full service is provided and
additional manpower demands will not be placed upon the City.
AGENDA REPORT
Meeting of June 14, 1988
Page 3
The 4.09 acre parcel requested for voluntary annexation is contiguous
to the City via the property on the west side of US Highway No. 1 at
the southwest portion of the site. At the May 16th meeting of the
Planning and Zoning Board some opposition was expressed based on
concern that this action would create an enclave. A new enclave will
not be created. The unincorporated land which will be separated by
this annexation is currently part of a larger enclave, but only as
defined in the Delray Beach Enclave Act which does not include these
properties. Generally, an enclave is an area which is surrounded by
one municipality. The unicorporated area which will be divided is
contiguous to two municipalities, Delray Beach and Gulfstream and
thus, by general definition, is not an enclave.
There are no statutorily required findings other than that annexation
will not create an enclave, prior to approval of voluntary annexation.
The Planning and Zoning Board recommends approval of annexation with
initial zoning of SC (Specialized Commercial) contingent upon the
following:
A. A new enclave will not be created by this annexation.
B. That service will
similar to that for
already in the City.
C. That the proposed zoning
adjacent zoning and complies (does
seventeen standards for evaluating
Section 30-23 (D).
be provided to the property in a manner
similarly situated properties which are
of SC is consistent with
not conflict) with all of
rezoning request as found
the
the
in
D. The proposed zoning is consistent (does
the existing County zoning of GC (General
existing use (automobile dealership).
not conflict)
Commercial) or
with
the
E. The proposed
the City's Land
property.
zoning is consistent (does not conflict) with
Use Plan designation of (C) Commercial for the
Recommend approval of annexation of property owned by Borton Volvo
located on North Federal Highway adjacent to N.E. 22nd Street
extended, contingent upon the above stated stipulations and that an
enacting Ordinance be prepared and advertised for pUblic hearing at
first reading on June 28, 1988.
Item No. 13 Conditional Use Permit Request (CU-238) Bible Church of
God. David Gray representing Lynclare Corporation has requested
consideration of a conditional use to allow establishment of the Bible
Church of God to operate on a .875 acre of commercial property located
on the east side of N.E. 1st Avenue between Atlantic Avenue and N.E.
1st Street. The Planning and Zoning Board at its May 16th meeting
recommended denial of the request and conditional use.
Previously the Downtown Development Authority had recommended denial
of the request while the Community Redevelopment Agency and Historical
Preservation Board both suggested that more appropriate uses for the
property, which is in the Central Business District (CBD), should be
considered. Additionally a petition in opposition to establishment of
the church in the CBD was received. It is staff's position that the
use proposed is not consistent with others in the area, will not
benefit the adjoining properties and would be better located in a more
residential or institutional neighborhood.
Recommend denial of Conditional Use Request (CU-238).
Item No. 14 Amendment of Zoning Code.
at its April 18th meeting recommended
The Planning and Zoning Board
amendment to the Zoning Code
AGENDA REPORT
Meeting of June 14, 1988
Page 4
which would establish automatic termination dates for conditional use
and site plan approvals not initiated within 18 months. The
automatic nsunsetn would limit approval to site plans or conditional
uses which were not diligently pursued following their receipt. The
amendment defines the term "improvementsn which determine if a project
is in fact established and includes a nsunsetn provision for site
plans and conditional approvals which have already been granted. The
clock would begin upon adoption of the Ordinance with the sunset
provision to invoke 18 months subsequently.
There was no public comment at the Planning and Zoning Board and the
amendment proposal was adopted unanimously.
Recommend acceptance of the Planning and Zoning Board's recommendation
and direct that an Ordinance be prepared and advertised for first
reading and public hearing on June 28th.
Item No. 15 Land Use Map Amendment. Recommend initiation of an
amendment to the City Land Use Map changing current designation from
P (Public) to MF-15 (Multi-Family) for property owned by the City of
Delray Beach, located at the southeast corner of Miramar and Venetian.
The property was initially purchased for siting of Fire Station No. 2
and was designated a P (Public) on the Land Use Map. The City recently
decided to construct a new fire station just north of the current
facility on Andrews Avenue. As a result this property should be
offered for sale with proceeds used to pay for a portion of the costs
of new Fire Station No.2.
In order to accommodate sale of this property the
map designations must be consistent. The current
thus the corresponding designation for Land Use
MF-15.
zoning and land use
zoning is RM-15,
Plan purposes is
Recommend approval
designation of City
Miramar and Venetian
of amendment to the
owned property located
to from P to MF-15.
Land Use Map changing the
at the southeast corner of
Item No. 16 Sale of City OWned Property. This is a companion to the
previous item involving City owned property at Miramar and Venetian
which had previously been the intended site for relocation of Fire
Station No.2. We recently decided to opt for an Andrews Avenue
location for relocation of the Fire Station and thus the Venetian and
Miramar property becomes surplus to the City's use.
A bond referendum was held by the City on December 2, 1969 at which
time authorization was given to purchase land and construct fire
facilities. The language contained in the referendum specifically
stated that taxes levied would be for the purpose of financing the
cost of construction and acquisition of new fire houses in the beach
area and south area of the City as well as for other purposes related
to fire safety. In order to be consistent with bond covenants, the
sale of Venetian and Miramar property should be authorized with
proceeds to be used for construction of a relocated Fire Station No.
2.
Recommend Commission direct staff and the City Attorney to take
necessary steps to sell City owned property at the southeast corner of
Miramar and Venetian.
Item No. 17 Lease Agreement Cason Cottage for use by Historical
Society and Old School Square, Inc. At your May 17th workshop
meeting, the City Commission agreed to lease the Cason Cottage to the
Historical Society and Old School Square, Inc. The cottage would
serve as office space for these agencies and would also serve as a
museum for the Historical Society.
AGENDA REPORT
Meeting of June 14, 1988
Page 5
The Historical Society will be responsible for the total cost of
interior decorating and furnishing. The Society proposes to occupy
the cottage and will share equally in cost for a security system,
signage, lighting, parking lot, landscaping and irrigation with their
cost not to exceed $10,000 and the City's not to exceed $10,000. The
lease agreement is for 10 years with a 10 year renewable option at a
cost of $1.00 per year payable to the City.
City staff believes the utilization of the Cason Cottage for this
purpose is in the best interest of the City and will allow a number of
benefits to accrue. These include establishing a physical presence for
historic activity in the vicinity of the Old School Square and
providing higher visibility for efforts of the Delray Beach Historical
Society.
Recommend approval of lease agreement between the City and the
Historical Society and Old School Square for use of the Cason Cottage.
Item No. 18 Request for a Waiver of Processing Fees. The Rainberry
Bay Master Association represented by Jerry Turner and Associates is
requesting a waiver of permit processing fees for improvements to the
existing landscaping and signage at Rainberry Bay. The fees total
$165. The scope of the improvements will include the removal and
replacement of the existing signs and landscaping at the northwest and
northeast corners of Lake Ida Road and Rainberry Road. This project
is funded by the homeowners of Rainberry Bay.
Staff has reviewed this request and has administratively approved
their site plan modification. There are no policies existing regarding
waiver of processing fees and each is referred to the City Commission
for decision. As mentioned fees have been waived for public agencies
when projects such as day care facilities for example are of special
import to the City. In the present case however I do not believe
there is sufficient public benefit to recommend waiver of processing
fees.
Recommend denial of request to waive permit processing fees for
Rainberry Bay Homeowners Association.
Item No. 19 Request for Water Service. Hardrives, Inc. represented by
Jones and Foster, P.A. has submitted an application for water service.
The standard water service agreement has been modified by deleting
references to annexation and City ordinances. The City's standard
agreement for water service has served as an application for voluntary
annexation as well. An exception to the standard agreement has been
made in cases where for example construction was occurring under Palm
Beach County jurisdiction and, in order to avoid confusion which might
occur during construction inspection, annexation has been delayed
pending receipt of a Certificate of Occupancy.
Hardrives has been required by Palm Beach County to connect to a
central water system pursuant to County Environmental Regulations.
Hardrives has appealed to the Environmental Review Board for relief
from the requirement to connect to a central water system which would
require annexation. The firm does not wish to be annexed for fear
that once annexed the property may be placed in a non-industrial
zoning district and the current use would be made non-conforming. The
City's position that safeguards against this occurring are in place
through our Land Use Map designation and that industrial zoning
designation would be applied upon annexation. These same provisions
are available through the Delray Beach Enclave Act however Hardrives
was excluded from the provisions of that Act.
City staff recommend denial of the special water service agreement.
If the Commission wishes to aggressively pursue annexation of the
Hardrives property at this time, denial should be accompanied by a
request to the Environmental Review Board to require Hardrives to
AGENDA REPORT
Meeting of June 14, 1988
Page 6
connect to our water system and accept annexation to the City. It is
quite possible that in the absence of a specific City request, the
Environmental Review Board could grant a variance to the firm and
allow it to remain off a central water system.
Recommend denial of the application for a special water service
agreement by Hardrives, Inc.
Item No. 20 Rejection of Fire Tanker Bid. Invitations to bid on a
2500 gallon water tanker for the Fire Department were received on
April 8th. 41 vendors were mailed invitations to bid and a legal
advertisement was placed in the Palm Beach Post on March 31, 1988.
Only one bid was received. Walker Stainless Equipment bid $78,771 for
the equipment. Following staff analysis and review it is felt this
figure is approximately $10,000 in excess of what would otherwise be
reasonable to pay for this type of vehicle. Our purchasing policy
requires that in order for bids to be rejected and readvertising to
occur, Commission action must be taken.
Recommend rejection of Bid
that staff be authorized
policies.
No. 88-59 for a 2500 gallon fire tank and
to rebid in accordance with purchasing
Item No. 21 Modification to utility Agreement between the City and
Palm Beach County re Congress Avenue Widening. On February 23rd, City
Commission approved a contract in the amount of $99,150 to fund
relocation of City utilities in conjunction with the widening of
Congress Avenue from West Atlantic to the L-30 Canal. The City
Attorney's office had no basic disagreement with the contract however
they were concerned about certain language effecting the potential
liability of the City. This proposed modification includes insertion
of a new paragraph in the agreement limiting our liability. While the
City Attorney would prefer stronger limitation language, the proposed
modification is an acceptable alternative.
Recommend modification to the utility agreement between the City of
Delray Beach and Palm Beach County concerning Congress Avenue widening
to include additional language limiting the City's liability.
Item No. 22 Settlement Offer - Walker vs City. We received an offer of
settlement of litigation involving the driver of one vehicle which hit
a Delray Beach pOlice car and subsequently involved litigation from
four pedestrians who alleged they were injured as a result of the
accident. Commission at your May 20th meeting denied offers of
settlement submitted by the four plaintiffs. The item before you here
is an offer by the Florida Insurance Guarantee Association (FIGA) to
pay the City $7,400 based on our claim against the driver of the
vehicle which originally caused the accident. The City Attorney's
office has recommended acceptance of the offer.
Recommend acceptance of an offer from the Florida Insurance Guarantee
Association (FIGA) for settlement of litigation in the amount of
$7,400.
Item No. 23 Appeal of Palm Beach Newspapers vs Charles Kilgore. We
recently were sued by the Palm Beach Post when we refused to release
materials pertaining to an active, ongoing Police internal affairs
investigation file. While the actual investigative report is now a
public document and has been released, the City Attorney believes the
issue is of sufficient importance to the City that an appeal for
clarification of our responsibility in this matter is warranted.
Recommend appeal of litigation styled as Palm Beach Newspapers vs
Charles Kilgore.
Item No. 24 Settlement
settlement of litigation
offer- Robinson vs City. This is an offer of
involving the City which occurred during the
AGENDA REPORT
Meeting of June 14, 1988
Page 7
course of an arrest and subsequent imprisonment of Wendell Robinson.
This is a difficult settlement to recommend in that the City's
position is that no wrongful acts occurred. At the same time however
the cost of litigation will exceed the settlement offered here and the
City Attorney has recommended acceptance of it. By accepting the
settlement the City does not admit to any wrongful or negligent act
during the arrest and subsequent imprisonment of Mr. Robinson.
Recommend acceptance of an offer from Wendell Robinson for settlement
of litigation in the amount of $500.00.
Item No. 25 Redefinition of Frontage. The Commission previously
discussed the problem of having to do with frontage lots. The issues
primarily involve setback requirements for development. The questions
have caused several developers and property owners some problem and
required them to go before the Board of Adjustment for variances.
These problems appear to be technical in nature and an ordinance has
been drafted which the City Attorney's office believes will cure the
problem. I have attached a copy of a proposed ordinance for your
review.
Recommend approval of changes in the definition of property frontage
and that Commission direct an ordinance be prepared for First Reading
and Public Hearing on June 28th.
Item No. 26 Auburn Trace Housing Proposal. We have received a
proposal from procacci Development Corporation in which Procacci
proposes to proceed with the Auburn Trace Housing Development under
the terms and conditions of our UDAG Grant with certain stipulations.
Those stipulations are included in a letter enclosed with your agenda
packet.
City staff has reviewed the terms and conditions required and believes
them not to be in the best interests of the City. As a result we are
proposing the Commission reject the procacci proposal. At the same
time the June 28th Public Hearing to consider Land Use Plan Amendment
changes which would allow for multi-family housing at the Auburn Trace
site should be scheduled. Following Commission direction at the
conclusion of the Public Hearing, City staff could then accept the
UDAG award and apply for a modification in the terms of that award.
It would be our intent to then advertise for proposals for housing at
the Auburn Trace site.
There is an alternative in which the City could develop a local
program utilizing local revenues and the private sector should the
UDAG monies not be available. It is also possible that the developer
will present an alternative proposal to the City modifying the June
6th proposal. Should this occur terms and conditions will be
presented during discussion of this agenda item.
Recommend Commission denial of the proposal from Procacci Development
Corporation to construct the Auburn Trace Housing Development as
contained in their proposal of June 6, 1988.
CONSENT AGENDA
Item No. 27 (Resolution No. 32-88) This is a Resolution assessing the
costs for abatement action required to remove an unsafe building on
property at 840 South Swinton Avenue. The Resolution sets forth the
actual costs incurred and provides the mechanism to attach a lien to
this property in the event the assessment of $302.50 remains unpaid.
Recommend approval of Resolution No. 32-88 assessing costs for
abating an unsafe building with the City.
Item No. 28 Offer of Sale
declined to pursue acquisition
of
of
Land. The
property
Commission previously
owned by Mr. Anthony
AGENDA REPORT
Meeting of June 14, 1988
Page 8
Williams at N.W. 9th and Atlantic Avenues. Mr. Williams has reduced
his selling price to $40,000.00 and again offers it for sale to the
City. I do not believe the circumstances have changed from our
previous discussion.
Recommend rejection of an offer for sale of property to the City in
the amount of $40,000.00 by Anthony Williams.
Item No. 29 (Resolution No. 34-88) This is a Resolution assessing the
costs for abatement action required to remove an unsafe building on
property at 542 N.W. 47th Avenue. The Resolution sets forth the
actual costs incurred and provides the mechanism to attach a lien to
this property in the event the assessment of $1,072.50 remains unpaid.
Recommend approval of Resolution No. 34-88 assessing costs for
abating an unsafe building with the City.
Item No.
abandonment
Southridge
requested
easement
easement.
30 (Resolution No. 35-88) This is a Resolution for the
of a utility easement located in Lot 1, Block 15 of the
Subdivision. The owner of the property, David Hoyt has
the abandonment of an existing six foot wide utility
to accommodate a pool and deck which extend over the
The Engineering staff has reviewed this request and is recommending
approval. The various City Departments and utility companies have no
objections to the abandonment.
Recommend approval of Resolution No. 35-88 for the abandonment of a
utility easement in Lot 1, Block 15 of the Southridge Subdivision.
Item No. 31 Solicitation
has applied for a permit
conducting a door-to-door
environmental education.
between June 15th and July
Permit-Greenpeace U.S.A. Greenpease U.S.A.
to solicit in the City. They will be
canvass for the purpose of fund raising and
The dates of solicitation will extend
15th.
Recommend approval of a permit to solicit from Greenpeace U.S.A.
Item No. 32 Addendum to Recodification Contracts between the City and
American Legal Publishing Corporation. An Addendum is included in
your agenda packet which provides for a subscription service to be
offered by American Legal Publishing on behalf of the City of Delray
Beach. The City will direct all inquiries regarding purchasing of our
Code to ALP using a toll free telephone number. The City will receive
a credit of 5% of the gross sales resulting from the subscription
service.
Recommend approval of Addendum to our contract with American Legal
Publishing Corporation for Municipal Code subscription services.
Item No. ~ Appointment to Delray Beach Human Relations Committee.
A vacancy presently exists on the Human Relations Committee. We have
received an application for appointment to the Committee from Anita
Mitchell. A copy of her application is enclosed in your agenda
packet.
Recommend Commission appointment of a member to the Delray Beach Human
Relations Committee to a term ending March 15, 1990.
Item No. 34 - Bids and Contracts. It is recommended that bids and
contracts be awarded as follows:
A. Atlantic Avenue Beautification Project-Charles S. Whiteside,
Inc. - $1,500,000.00
B. Life Guard Towers- Ralph Osborne, Inc. $18,124.
AGENDA REPORT
Meeting of June 14, 1988
Page 9
C. Janitorial Services- City Hall- Clean Best of Florida-
$14,000.
D. Fire Fighting Equipment for new Pumpers-
Equipment, Inc. - $11,439.82
Ten-8
Fire
E. Rental Rehabilitation Program- Darryl Cook- $5,000.
F. Community Development Block Grant program-
Henry Haywood- $13,935.
Darryl Cook -$11,930.
FEC- $32,095.
G. Inez T. Dean
$38,500.
Purchase of Lot 7, Nichols Second Addition-
H. Project & Interim Management Executives (PRIME) - Not to
exceed $20,000.
I. Ernst & Whinney - Auditing Services - $15,000 to $18,000.
LAND EXCHANGE AGREEMENT
THIS AGREEMENT, made this day of ,1988, by
and between OCEAN PROPERTIES, LTD., a Florida limited partnership,
with its principal place of business at 8132 West Glades Road,
Boca Raton, Florida, 33434 (hereinafter referred to as "'Ocean
Properties"') and the city of DELRAY BEACH, having its principal
place of business at 100 Northwest 1st Avenue, Del ray Beaoh,
Florida, 33444 (hereinafter referred as "Delray. or the "City"').
WIT N E SSE T H :
1. DescriDtion of Ocean Properties I'arcel. Ocean Properties,
in consideration of ONE DOLLAR and 00/100 ($1. 00) paid, the
receipt of which is hereby acknowledged, and other gOOd and
valuable considerations, and of t.he conveyanoe b'( Del ray hereinafter
agree to be made, hereby agrees to cor,,,ey tc Delray that certain
real property located in Palm Beach COU~,lt.y, f'lorida as more
particularly described on Exhibit "'A'" <"ttached t~reto (hereinafter
referred to as the "Ocean Properties Par.,;el"').
2. DescriDtion of Delray j~4!:I'l/LL.. r'JlrIJ.'/, in consideration
of ONE DOLLAR and 00/100 ($1.0\') t-aid, the r~ceipt of which is
hereby acknowledged, and ot!ler g(,o<:l and valu/d)le considerations,
and of the conveyance br Ocean Pcoperties :le:ceinbefore agreed to
made, hereby agrees to convey to 'jcean Pr;1 ?,rties that certa in
real property located in Palm bllach Cour'.:l', Fl"rida as more
particUlarly described on Exhi';,: t "/3'" at.tachlol herato (hereinafter
referred to as the "Delray Parce:"').
3. Resul tina ProDerties_., AS a rrJsult of the conveyances
of the properties between thf' parties described in Paraqraph 1
and the combination with exbting '.ll,ldings, ocean Properties'
total property is described ~,/, Exhi':,it '" ::"'. These properties are
referred to herein as O,~e"'"l Prope.,'tles' 'loldinqs.
4. Propert:l-,..y::,lue. For ',lurpoeas of this Agreement the
value of the Ocean Prop~rties Par::el shall be deemed to equal the
value of the Delray P.rcel.
r- . ~-=
5. Closinq Dat,!~ This transaction shall be closed and the
deeds and possessio'.- shall be delivered within thirty (30) days
following satisfaction of the Conditions Precedent set forth in
Paragraph 10 hereJf. The closing shall take place at the offices
of Oelray's attr'ri.ey or at such other place in Palm Beach County
as Delray may ~''iJ !cify.
6. Evid~.'lce of Tit~
On or before thirty (30) days following the effective
date of thi~, Agreement, Ocean Properties shall deliver to Delray,
at Ocean Pr' ,{,erties' expense, a title guaranty commitment (together
with .::opiel' of all exceptions listed therein) in the amount of
$ iusued by a title insurance company acceptable to
De1ray, ),greeing to issue to Delray upon the recording of the
deed :~er~tcf.ore mentioned, a title insurance polioy in the amount
set forth Jbove and insuring Delray's tit1. to the Ocean properties
Paruel.
.
The 1;it1e commitment shall make no exceptions except
those agreed to by Delray and set forth in Exhibit "'0'" hereto.
In addition, lin or before thirty (30) days following the effective
date of thi~ Agreement, Ocean Properties shall provide at its own
expense, a ~;itle guaranty commitment (together with copies of all
exceptions listed therein) in the amount of $
, agreeing
to issue to Ocean Properties upon the recording of the deed
heretofore mentioned, a title insurance policy in the amount set
forth above insuring Ocean Properties' title to the Delray
parcel.
The title commitment shall make no exceptions except
those agreed to by Ocean properties set forth in Exhibit "'E'"
hereto.
If the title commitment for either the Ocean Properties
parcel or the Delray parcel contains enoumbrances or title
defects other than those referred to in Exhibits "0" or "'E'"
subject to which the parcels will be conveyed, (except that the
parties hereto agree that any matter which shall be discharged at
closing shall not be considered an encumbrance or title defeot
for the purpose of this Paragraph), the party insured by .uch
commitment shall have fifteen (15) days from receipt of the
2
commitment to notify the issuing party of its objections to such
additional encumbrances or title defects. If such notice is not
given within such fifteen (15) day period, the insured party
shall be conclusively deemed to have waived all defects in, or
encumbrances on the title to the premises insured except such as
may occur subsequent to the effective date of the commitment. If
the insured party shall give valid notice of defects or encumbrances,
and if said defects render title unmarketable or otherwise not
agreed to hereunder, the issuing party shall have ninety (90)
days from receipt of the notice to cure such defects. If after
said period the defects shall not have been cured, the insured
party shall have the option of: (1) accepting title as it then
iSI or (2) terminating this Agreement whereupon each party
shall be released from all further ob1iqations under this Agreement.
7. Survev. Either party hereto, at suoh party'. expense,
within the time allowed to delive~ the evidence of title and to
examine same as set forth in paragraph 5 above, may have the
Parcel which such party is to receive surveyed and certified by a
reqistered Florida surveyor. If the survey shows any encroachment
on the Parcel, the same shall be treated as a title defect.
S. StamDs and Recordina:. Ooean Properties shall pay for
the state documentary stamps to be affixed to the deeds required
herein and the cost of drafting and recordinq any corrective
instrument.. The cost of recording the deed shall al.o be paid
by Ocean Properties.
9. Documents for closina. The attorney or other agent
for Ocean Properties shall prepare the deeds, closing statements
and affidavits of liens and parties in possession for both
parties. Copies of the closing documents shall b. provided to
Oelray'. attorney :or review and approval at least ten (10) days
prior to the sched ,led closing date.
10. Conditio 18 Precedent to Closinq. This Agreement is
subject to and co ,Aitioned upon the following conditions precedent
being satisfied .ithin days from the effeotive date
of this Agreem' t:
3
A. As to the Dclray Parcel, the imposition of a land
use rEoiitriction by Delray in a form acceptable to Delray restricting
the use of suoh property for the purpose of hotel and conference
center development and accessory uses in conjunction with the
exi s'~ing hotel complex located on Ocean Properties' holdings.
A../ such land use restriction may be recorded in the pUblic
rico~:ds by Delray, in their sole discretion, and shall be a
r ,ven \nt running with the land and such land use restriction
llall ~ot be considered a title defect or encumbrance. This land
lse restriction shall be released by the city on issuance of a
certificate of Occupancy for the hotel expansion.
B. As to ocean Properties' holdings, Ocean Properties
at tl"eir expense shall obtain conditional use approval for the
~)(palISion of the existing hotel with accessory uses. It is
!l.ckn:>wledged by the parties herein that certain variances from
the city's Property Development Regulations will be required in
order to permit the contemplated expansion of the exisHnq hotel
conr)lex. Any variances which may be required for said expansion
shlall be applied for and shall be at the expense of the City,
he wever, ocean properties shall cooperate in said applications
ard shall provide the city with any information Ocean Properties
m~l have in its possession in order to obtain said variances.
c. In the event any of the foregoing conditions
precedent are not filled within one hundred eighty (180) days of
:he effective date hereof, this Agreement shall be terminated and
,loth parties hereto shall be released from all further obligations
under this Agreement unless the parties mutually agree to extend
this provision.
11. Post closina Requirements. By execution hereof, Ocean
properties acknowledges and agrees that it shall be responsible
at its sole cost and expense for the commencement and completion
of the following matters following the Closing of the property
exchange set forth herein:
A. To construct a parking lot on the Ocean Properties
Parcel in the location and in the manner designated by Delray,
4
concurrently with the development of the Delray Parcel. Said lot
shall be substantially the same as the existinq parking lot
contiguous to the existing Ocean Properties hotel;
B. To demolish the existing fire station located upon
the Delray Parcel immediately upon notifioation by Delray that
the fire station to be constructed upon the Ocean Properties
Parcel has been completed and occupied;
C. To desiqn and construct the retaining walls
necessary for the East and South boundaries of the Ocean properties
Parcel; and
D. These requirements shall be completed on or before
completion by Ocean Properties of the hotel expansion and Ocean
Properties shall provide general liability insurance in an amount
acceptable to the City during the construction period of these
requirements.
The provisions of thi~ paragraph shall survive closing.
12. Soil Tests and Other rnsDections~ Each party hereby
grants to the other, its agents and representatives a license to
enter on its respective Parcel for the purposes of conducting
any soil tests, engineering reports, or other inspections or
tests on such Parcel. If within thirty (30) days of the effective
date of this Agreement, such tests indicate the presence of
unusual soil conditions on either parcel which would prevent or
seriously hinder the immediate development of such Parcel as
contemplated herein, then the party to receive title to such
Parcel in accordance with the terms hereof shall have the right
to cancel this Agreement. To the extent permitted by law and as
to Oelray to the limits set forth in Florida statute ~768.28, each
party agrees to hold the other harmless from any damaqe arisinq from
tests conducted or requested by such party and further, aqrees to
pay all the contractors and workman performing the tests and to
permit no liens or encumbrances to be created on the Parcel as a
result thereof.
13. Prorations. Taxes, assessments, and all other
expenses of the Parcels, shall be prorated as of the date of
5
closing. Taxes shall be prorated based upon the current year's
tax with due allowance made for maximum allowable discount. If
the closing occurs on a date when the current year's taxes are not
fixed, and the current year's assessment is available, taxes will
be prorated based upon such assessment and prior year's millage.
If the current year's assessment is not available, then taxes will
be prorated on the prior year's tax. However, any tax proration
based on an estimate may, at the request of either party to the
transaction, be sUbsequently readjusted upon the receipt of the
tax bill.
14. Soecial Assessment Liens.
Certified, confirmed and
ratified special assessment liens as of the date of closing (and
not as of the effective date hereof) are to be paid by the party
conveying the Parcel against which such special assessment lien
has been filed. Pending liens as of the date of closing shall be
assumed by the party acquiring euch Parcel, provided, however,
that if the improvement has been SUbstantially completed as of
the effeotive date hereof, such pendinq lien shall be oonsidered
as certified, confirmed or ratified and shall be borne by the
party conveying such Paroel.
15. Brokers. Each party hereto represents to the other
that there are no real estate brokers involved in this transaction.
Ocean Properties agrees to indemnify and hold harmless Oelray
from the olaims of any real estate broker claiming to have dealt
with Ocean Properties.
16. Notice.
Any notice, request, instruotion or demand to
be given hereunder shall be hand delivered to the other party
hereto or mailed by certified mail, return receipt requested,
with postage prepaid at the address set forth below or at such
addresses as the parties may hereafter specify in writing to-wit:
As to Ocean Properties:
Ocean Properties, Ltd.
8132 West Glades Road
Boca Raton, Florida 33434
Attention: Tom McMurrain
6
~~--- IWE 16:21 BOOSE CASEY
P.12l4
I
Copy to:
Alan J. ciklin, Esquire
Boose, Casey, ciklin, Lubitz
Martens, McBane , O'Connell
515 North Flagler Drive
Suite 1900
West Palm Beach, Florida 33401
As to Delray:
Copy to:
City of Delray Beach, Florida
100 Northwest First Avenue
Delray Beach, Florida 33444
Attention: city Manager
Herbert W.A. Thiele, Esquire
city Attorney
310 Southeast First Street
Suite 4
Del ray Beach, Florida 33483
17. Attornev'S Fees and Cost. In connection with any
litigation arising out of this Agreement, the prevailing party
shall be entitled to recover all costs incurred, including
reasonable attorney's fees, at trial and all appellate levels.
18. Entire Agreement.
This Agreement sets forth all the
promises, covenants, agreements, conditions and understandings
between the parties hereto and supersedes all prior and
contemporaneous agreements and understandings, inducements or
conditions and shall be binding on all successors in interest to
this Agreement.
19. Effective Oate.
The effeotive date of this Agreement
shall be the date when the last one of Ocean Properties and
Delray has signed this Agreement.
20. Governino Law. This Agreement shall be governed by the
laws of the State of Florida as now and hereafter in force. The
venue of any litigation arising out of this Agreement shall be
Palm Beach County, Florida.
2l. Land Exchanoe Resolution. This Agreement may be made
at Delray's sole discretion, an attachment to any Resolution
adopted by Del ray which authorizes the land exchange described
herein.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first above written.
7
signed, sealed and
delivered in the
presence of:
OCEAN PROPERTIES, LTD.
By:
CITY OF DELRAY BEACH, FLORIDA
By:
Mayor
Attest:
city Clerk
Approved as to form and
legal sufficiency:
By:
City Attorney
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State aforesaid and the County aforesaid,
to take aCknowledgments, personally appeared ,
the of Ocean Propertie., Ltd., to me known
to be the person described in and who exeouted the foregoing
instrument and who acknowledged before me that he exeouted same.
WITNESS my hand and seal in the County and State aforesaid
day of , 1988.
this
Notary Public
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day, before me, an Officer
duly authorized in the State afore.aid and the County aforesaid,
to take aCknOWledgments, personally appeared ,
the Mayor of Delray Beach, Florida, to me known to be the person
described in and who executed the foreqoinq instrument and "'ho
acknowledged before me that he executed same.
WITNESS my hand and seal in the County and state aforesaid
this day of , 1988.
Notary Publio
My commi.sion Expires:
8
'_'''' Engineers
Pianners
C!J1JllII!I Economists
... Scientists
June 8, 1988
./
SEF24708.A4.33.
Mr. Jeffrey S. Kurtz, Esq.
Assistant City Attorney
310 S.E. First Street
Suite 4
Delray Beach, Florida 33483
Dear Jeff:
Subject: City of Delray Beach
Full Scale Treatment System
Conceptual Design Alternatives
CH2M HILL has examined available treatment technologies for removing the
contaminants which have been detected in the 20-Series Well Field. Air
stripping is the most proven, cost-effective treatment for removing
these contaminants over an extended amount of time. CH2M HILL has also
visited the City of Delray Beach Water Treatment Plant and consulted
with Department of Utilities personnel to determine the best method for
integrating the air stripping system into current treatment system oper-
ations without adversely affecting the finished water quality. Depart-
ment of Utilities personnel have expressed interest in three options.
The first option is to design an air stripping system sized to treat
only water from the 20-Series Wells and located at the well field. The
system would be placed on land purchased by the City in the vicinity of
Well 22. The advantages of this option are that it involves the least
capital investment and the costs are directly related to the contamina-
tion of the 20-Series Wells. This may be important in the City's ef-
forts to obtain compensation for the well field contamination. There
are three disadvantages of locating a treatment system at the well
field. Adequate security will have to be provided to prevent vandalism.
The second disadvantage is that operators will have to travel from the
Water Treatment Plant to service the air stripping system. Finally, the
City may not consider the air stripping system appropriate to the
aesthetic quality of the surrounding neighborhoods.
The second option is to locate the treatment system at the Water Treat-
ment Plant and install a pipeline from the 20-Series Wells to the
system. The City is currently installing a pipeline from the Golf
Course Wells which will connect to the exiting pipeline at the 20-Series
Crl2M HILL Southeast Florida Office Hillsboro Executive Center North, 800 Fairway Drive, Suite 350 305,426,4008
Deertield 8each, Florida 33441 407,737,6665
Mr. Jeffrey S. Kurtz, Esq.
Page 2
June 8, 1988
SEF24708.A4.33
Well Field. If the treatment system is to be used for treating only
water from the 20-Series Wells, a separate pipeline would have to be
constructed to segregate the contaminated water from the Golf Course
water. The advantage of this system is that operation and maintenance
personnel will have easy access to the air stripping system. Extra
security will also not be required. The disadvantage of locating the
air stripping system at the Water Treatment Plant and treating only the
20-Series Wells is the cost of a separate pipeline. These costs are
more than the amount which would be spent to acquire land at the well
field as described in the first option.
The third option is to locate the air stripping system at the Water
Treatment Plant and treat all the water from the 20-Series and Golf
Course Wells. The advantage of this system is that a dedicated pipeline
from the 20-Series Well Field would not be necessary. Like option two,
water treatment plant personnel would have easy access to the system.
The disadvantages of this system are that it is a much larger system
than described in option two. The costs of installing and operating
this larger system may be twice the cost of option one and are not en-
tirely related to t~e 20-Series Well Field contamination. This may ad-
versely affect the litigation efforts. In addition, this option may be
difficult to defend in the future if the Golf Course Wells become con-
taminated with compounds which are not removed by air stripping.
If you have any questions concerning this matter, please call me.
Sincerely,
fV\~ "S . fV\o~
Mark S. Morris, Ph.D., P.E.
Project Engineer
DBT085/049
cc: Herbert W. A. Thiele/City of Delray Beach
Walter O. Barry/City of Delray Beach
Robert S. Pontek/City of Delray Beach
Gregory T. McIntyre/CH2M HILL
Ted L. Belser/CH2M HILL
Robert Wright II/CH2M HILL
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CH2M HILL
PROJECT NO. SEF24708.A5, .A6, .A7
ADDENDUM NO. 2
DATE: June 14, 1988
PAGE 1 OF 4
ADDENDUM TO THE STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
DATED February 11, 1988, BE~vEEN THE CITY OF DELRAY BEACH,
FLORIDA, AND CH2M HILL SOUTHEAST, INC.
TITLE:
~vENTY-SERIESWELL F!ELD DETAIL-DESIGN, PERMITTING
SERVICES DURING CONSTRUCTION AND, GROUNDWATER AND
TREATMENT SYSTEM MONITORING
CATEGORY OF WORK:
GENERAL:
This ADDENDUM shall modify the professional services agree-
ment referenced above and shall become part of that AGREEMENT
as if written there in full.
For the purposes of this ADDENDUM, the CITY OF DELRAY BEACH
shall be called "CLIENT" and CH2M HILL SOUTHEAST, INC., shall
be called "ENGINEER."
This addendum provides for professional engineering services
required for implementing the Detail Design, Permitting,
Services During Construction, and Groundwater and Treatment
System Monitoring for the 20-Series Well Field Full-Scale
Treatment System. The scope of services to be provided are
as described hereinafter.
I. SERVICES TO BE PROVIDED BY THE ENGINEER
A. DESCRIPTION OF WORK TASKS
ENGINEER will provide specific services to the
CLIENT in accordance with the following detailed
Task descriptions.
1. Task 5--Detai1 Design, Full-Scale Treatment
System
b.
c.
d.
gnR384/023
a.
ENGINEER will prepare a detail design
for the proposed groundwater treatment
system. The design includes process,
mechanical, electrical, and instrumenta-
tion and control details. The location
and unit processes of the treatment
system will be based on the selected
option from the Conceptual Design
Report as approved by the CLIENT.
ENGINEER will submit draft contract
documents at the 90 percent final design
completion level for CLIENT review.
This submission will be followed by a
meeting between the CLIENT and ENGINEER
to discuss review comments.
ENGINEER will prepare Contract Documents
(Plans and Specifications) as required
to obtain bids from contractor(s) for
equipment and construction of the
full-scale treatment system.
ENGINEER will prepare a budget-level
opinion of the cost of construction of
the treatment system.
1
gnR384/023
CH2M HILL
PROJECT NO. SEF24708.A5, .A6, .A7
ADDENDUM NO. 2
DATE: June 14, 1988
PAGE " OF 4
2. Task ~--Permitting Assistance
a. ENGINEER will meet with the Palm Beach
County Health Department and the Florida
Department of Environmental Regulation
(FDER) to determine the permits required
for the project.
b. ENGINEER will meet with the South Florida
Water Manaqement District (SFWMDl to
determine the permits required for the
project.
c. ENGINEER will prepare and provide to the
CLIENT for review, signature, and sub-
mission, the application for permit to
modify a water treatment system.
d. ENGINEER will prepare the SFWMD request
for permit exemption required for the
construction of a stormwater management
system for the treatment system site.
3. Task 7--Services During Construction (SDC)
a. ENGINEER will assist the CLIENT in the
selection of a general contractor for
the construction of the treatment facili-
ties. This will include:
(1) Prescreen potential bidders.
(2) Distribute copies of Contract
Documents.
(3) Attend a prebid conference and
answer bidders' technical questions.
(4) Prepare up to two (2) addenda to
the Contract Documents.
(5) Prepare six (6) sets of Contract
Documents for execution.
b.
ENGINEER will provide reviews of the
contractor's submittals for the procure-
ment of the materials and equipment as
described in the Contract Documents.
c.
ENGINEER will determine the requirements
for and provide the services of the
appropriate design professionals at
various phases of the work to observe
the progress of work.
d.
ENGINEER will prepare technical documents
for up to two (2) change orders
(Contract Modifications) to the contract
between the CLIENT and the qeneral
contractor.
e.
ENGINEER will determine the requirements
for and provide the services of a
periodic onsite observer during the con-
struction period to observe the progress
oS thf work~ act as liai$on between the
2
CH2M HILL
PROJECT NO. SEF24708.AS, .A6, .A7
ADDENDUM NO. 2
DATE: June 14, 1988
PAGE 3 OF 4
general contractor and the design team,
report on the progress of the contrac-
tor's schedule, and review and recommend
for payment by the OWNER the monthly pay
request submitted by the general
contractor.
4 .
Task 8--Groundwater and Treatment Svstem
Mon1toring "
a. ENGINEER will collect and analyze an
influent and an effluent sample from the
full-scale treatment system during the
first week of startup.
b. ENGINEER will collect and analyze influ-
ent and effluent samples from the full-
scale treatment system following startup
once a week for 3 weeks followinq the
initial startup sample. Sampling and
analysis will be conducted once a month
for 3 months thereafter.
c. Influent samples will be analyzed by EPA
Methods 601 and 602, and the effluent
samples will be analyzed by EPA Meth-
od 524.2.
d. ENGINEER will sample the 20-Series wells
and 10 monitor wells installed during
the implementation of the Preliminary
Contamination Assessment Plan once a
month for 4 months following startup of
the full-scale treatment system.
e. ENGINEER will analyze samples from the
20-Series wells and monitor wells by EPA
Methods 601 and 602.
B. ASSUMPTIONS
gnR384/023
The work described herein is based upon the assump-
tions listed below. Should conditions differ from
those assumed in a manner that will affect budget
or schedule, the ENGINEER will advise the CLIENT
in writing of the magnitude of the required adjust-
ments. Changes in compensation to the ENGINEER
will be as negotiated with the CLIENT.
1. The detail design described in Task 5 will be
based upon the conceptual design option
selected by the CLIENT, and other criteria
agreed to by the ENGINEER and CLIENT, and
documented in meeting notes prepared by the
ENGINEER.
2.
Only those permits or exemption request
specifically mentioned in Task 6 are antici-
pated. Preparation of applications for other
permits is not included in the estimated
costs.
3 .
CLIENT will review those items requiring input
to the ENGINEER in accordance with a mutually
agreed schedule, and provide direction and
comments to tbe ENGINEER ~ a review meeting~
ENGINEER will provide a written record of the
meeting listing issues discussed and impact
upon the design.
3
CH2M HILL
PROJECT NO. SEF24708.A5, .A6, .A7
ADDENDUM NO. 2
DATE: June 14, 1988
PAGE 1 OF 5
ADDENDUM TO THE STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
DATED February 11, 1988, BETWEEN THE CITY OF DELRAY BEACH,
FLORIDA, AND CH2M HILL SOUTHEAST, INC.
TITLE:
TWENTY-SERIES WELL FIELD DETAIL-DESIGN, PERMITTING
SERVICES DURING CONSTRUCTION AND, GROUNDWATER AND
TREATMENT SYSTEM MONITORING
CATEGORY OF WORK:
GENERAL:
This ADDENDUM shall modify the professional services agree-
ment referenced above and shall become part of that AGREEMENT
as if written there in full.
For the purposes of this ADDENDUM, the CITY OF DELRAY BEACH
shall be called "CLIENT" and CH2M HILL SOUTHEAST, INC., shall
be called "ENGINEER."
This addendum provides for professional engineering services
required for implementing the Detail Design, Permitting,
Services During Construction, and Groundwater and Treatment
System Monitoring for the 20-Series Well Field Full-Scale
Treatment System. The scope of services to be provided are
as described hereinafter.
I. SERVICES TO BE PROVIDED BY THE ENGINEER
A. DESCRIPTION OF WORK TASKS
ENGINEER will provide specific services to the
CLIENT in accordance with the following detailed
Task descriptions.
1. Task 5--Detail Design, Full-Scale Treatment
System
b.
c .
d.
gnR384/023
a.
ENGINEER will prepare a detail design
for the proposed groundwater treatment
system. The design includes process,
mechanical, electrical, and instrumenta-
tion and control details. The location
and unit processes of the treatment
system will be based on the selected
option from the Conceptual Design
Report as approved by the CLIENT.
ENGINEER will submit draft contract
documents at the 90 percent final design
completion level for CLIENT review.
This submission will be followed by a
meeting between the CLIENT and ENGINEER
to discuss review comments.
ENGINEER will prepare Contract Documents
(Plans and Specifications) as required
to obtain bids from contractor(s) for
equipment and construction of the
full-scale treatment system.
ENGINEER will prepare a budget-level
opinion of the cost of construction of
the treatment system.
1
gnR384/023
CH2M HILL
PROJECT NO. SEF24708.AS, .A6, .A7
ADDENDUM NO. 2
DATE: June 14, 1988
PAGE 2 OF 5
2. Task 6--Permitting Assistance
a. ENGINEER will meet with the Palm Beach
County Health Department and the Florida
Department of Environmental Regulation
(FDER) to determine the permits required
for the project.
b. ENGINEER will meet with the South Florida
Water Management District (SFWMD) to
determine the permits required for the
project.
c. ENGINEER will prepare and provide to the
CLIENT for review, signature, and sub-
mission, the application for permit to
modify a water treatment system.
d. ENGINEER will prepare the SFWMD request
for permit exemption required for the
construction of a stormwater management
system for the treatment system site.
3. Task 7--Services During Construction (SDC)
a. ENGINEER will assist the CLIENT in the
selection of a general contractor for
the construction of the treatment facili-
ties. This will include:
(1) prescreen potential bidders.
(2) Distribute copies of Contract
Documents.
(3) Attend a prebid conference and
answer bidders' technical questions.
(4) Prepare up to two (2) addenda to
the Contract Documents.
(5) Prepare six (6) sets of Contract
Documents for execution.
b.
ENGINEER will provide reviews of the
contractor's submittals for the procure-
ment of the materials and equipment as
described in the Contract Documents.
c.
ENGINEER will determine the requirements
for and provide the services of the
appropriate design professionals at
various phases of the work to observe
the progress of work.
d.
ENGINEER will prepare technical documents
for up to two (2) change orders
(Contract MOdifications) to the contract
between the CLIENT and the general
contractor.
e.
ENGINEER will determine the requirements
for and provide the services of a
periodic onsite observer during the con-
struction period to observe the progress
of the work, act as liaison between the
2
CH2M HILL
PROJECT NO. SEF24708.A5, .A6, .A7
ADDENDUM NO. 2
DATE: June 14, 1988
PAGE 3 OF 5
general contractor and the design team,
report on the progress of the contrac-
tor's schedule, and review and recommend
for payment by the OWNER the monthly pay
request submitted by the general
contractor.
4. Task 8--Groundwater and Treatment System
Monitoring
a. ENGINEER will collect and analyze an
influent and an effluent sample from the
full-scale treatment system during the
first week of startup.
b. ENGINEER will collect and analyze influ-
ent and effluent samples from the full-
scale treatment system following startup
once a week for 3 weeks following the
initial startup sample. Sampling and
analysis will be conducted once a month
for 3 months thereafter.
c. Influent samples will be analyzed by EPA
Methods 601 and 602, and the effluent
samples will be analyzed by EPA Meth-
od 524.2.
d. ENGINEER will sample the 20-Series wells
and 10 monitor wells installed during
the implementation of the Preliminary
Contamination Assessment Plan once a
month for 4 months following startup of
the full-scale treatment system. '
e. ENGINEER will analyze samples from the
20-Series wells and monitor wells by EPA
Methods 601 and 602.
B. ASSUMPTIONS
gnR384/023
The work described herein is based upon the assump-
tions listed below. Should conditions differ from
those assumed in a manner that will affect budget
or schedule, the ENGINEER will advise the CLIENT
in writing of the magnitude of the required adjust-
ments. Changes in compensation to the ENGINEER
will be as negotiated with the CLIENT.
1. The detail design described in Task 5 will be
based upon the conceptual design option
selected by the CLIENT, and other criteria
agreed to by the ENGINEER and CLIENT, and
documented in meeting notes prepared by the
ENGINEER.
2 .
Only those permits or exemption request
specifically mentioned in Task 6 are antici-
pated. Preparation of applications for other
permits is not included in the estimated
costs.
3 .
CLIENT will review those items requiring input
to the ENGINEER in accordance with a mutually
agreed schedule, and provide direction and
comments to the ENGINEER ~ a review meeting~
ENGINEER will provide a written record of the
meeting listing issues discussed and impact
upon the design.
3
CH2M HILL
PROJECT NO. SEF24708.A5, .A6, .A7
ADDENDUM NO. 2
DATE: June 14, 1988
PAGE 4 OF 4
4. ENGINEER has based the estimate of cost for
Services During Construction upon the
anticipated schedule for the selected option.
5. Only those methods outlined in Task 8 _
Groundwater and Treatment System Monitoring
will be used to analyze samples.
II. COMPENSATION TO THE ENGINEER (Option 1)
Compensation for the professional engineering services
as described hereinafter are estimated not to exceed
the following:
Labor Total
Cost Expenses Cost
Task 5--Detail Design, Full-Scale
Treatment System $119,490 $7,850 $127 , 340
Task 6--Permitting Assistance 5,500 1,300 6,800
Task 7--Services During Construction 134,560 15,300 149,860
Task 8--Groundwater and Treatment
System Monitoring 19,000 26,600 45,600
TOTAL $278,550 $51,050 $329,600
Compensation for services will be based upon direct
salary cost multiplied by a factor of 2.35, plus direct
expenses connected therewith, and will be invoiced
monthly.
This Addendum is subject to renegotiation in the event of
settlement between the State of Florida, FDER, and AeroDri,
et al., or the CLIENT and AerO-Dri, et al.
************************************************************
CITY OF DELRAY BEACH
CH2M HILL SOUTHEAST, INC.
BY:
TITLE:
Mayor
BY:
TITLE:
Vice President and
Regional Manager
Attest:
Attest:
Date:
Date:
Approved as to form:
City Attorney
Date:
gnR384/023
4
CH2M HILL
PROJECT NO. SEF24708.A5, .A6, .A7
ADDENDUM NO. 2
DATE: June 14, 1988
PAGE 4 OF 4
4. ENGINEER has based the estimate of cost for
Services During Construction upon the
anticipated schedule ror the selected option.
5. Only those methods outlined in Task 8 _
Groundwater and Treatment System Monitoring
will be used to analyze samples.
II. COMPENSATION TO THE ENGINEER (Option 2)
Compensation for the professional engineering services
as described hereinafter are estimated not to exceed
the following:
Labor Total
Cost Expenses Cost
Task 5--Detail Design, Full-Scale
Treatment System $130,060 $8,850 $138,910
Task 6--perrnitting Assistance 5,500 1,300 6,800
Task 7--Services During Construction 134,360 15,500 149,860
Task 8--Groundwater and Treatment
System Monitoring 19,000 26,600 45,600
TOTAL $288,920 $52,250 $341,170
Compensation for services will be based Upon direct
salary cost multiplied by a factor of 2.35, plus direct
expenses connected therewith, and will be invoiced
monthly.
This Addendum is subject to renegotiation in the event of
settlement between the State of Florida, FDER, and AeroDri,
et al., or the CLIENT and Aero-Dri, et al.
************************************************************
CITY OF DELRAY BEACH
CH2M HILL SOUTHEAST, INC.
BY:
TITLE:
Mayor
BY:
TITLE:
Vice President and
Regional Manager
Attest:
Attest:
Date:
Date:
Approved as to form:
City Attorney
Date:
gnR384/023
4
CH2M HILL
PROJECT NO. SEF24708.AS, .A6, .A7
ADDENDUM NO. 2
DATE: June 14, 1988
PAGE 4 OF 4
4. ENGINEER has based the estimate of cost for
Services During Construction upon the
anticipated schedule for the selected option.
5. Only those methods outlined in Task 8
Groundwater and Treatment System Monitoring
will be used to analyze samples.
II. COMPENSATION TO THE ENGINEER (Option 3)
Compensation for the professional engineering services
as described hereinafter are estimated not to exceed
the following:
Labor Total
Cost Expenses Cost
Task 5--Detail Design, Full-Scale
Treatment System $123,490 $8,350 $131,840
Task 6--Permitting Assistance 5,500 1,300 6,800
Task 7--Services During Construction 149,600 15,800 165,400
Task 8--Groundwater and Treatment
System Monitoring 19,000 26,600 45,600
TOTAL $297,590 $52,080 $349,640
Compensation for services will be based upon direct
salary cost multiplied by a factor of 2.35, plus direct
expenses connected therewith, and will be invoiced
monthly.
This Addendum is subject to renegotiation in the event of
settlement between the State of Florida, FDER, and AeroDri,
et al., or the CLIENT and Aero-Dri, et al.
************************************************************
CITY OF DELRAY BEACH
CH4M HILL SOUTHEAST, INC.
BY:
TITLE:
Mayor
BY:
TITLE:
Vice President and
Regional Manager
Attest:
Attest:
Date:
Date:
Approved as to form:
City Attorney
Date:
gnR384/023
4
I=I=IL.
June 7, 1988
Mr. Hugh Clinton
3842 Arelia Dr. No.
Delray Beach, Florida 33445
Dear Mr. Clinton:
Enclosed please find
light illustrations.
aires.
a copy of Florida Power & Light's street
All are high pressure sodium vapor lumin-
If we can be of any further assistance, please call Rusty Russillo
at 265-3104 or John Krill at 738-9202.
Since ely,
JOh~ ff4
Service Planner
JPK/nac
an FPL Group company
E~~
rotPE:.C 1
~~~~ 7-31-85 ____nL_._4~12.1
s~cli5N-i.UMiNi\iRES lIVlIILlIlll,E FOn
CONVERSION - NEW INSTALLATIONS
UPGRADING - MAINTENlINCE
MECA SYMBOL CATALOG
IllUSTRATIONS & INSTRUCTIONS
REQUIRE 20 A. EXTERNAL FUSE
120 VOLT
70 100 150 200 400
WATT WATT WATT WATT WATT
- - - -
5800 9500 16000 22000 50000
LUMEN LUMEN LUMEN LUMEN LUMEN
170- 170- 170-
83100-7 83101-5 83102-3
~~~
LUMEN
CODES~DS ES FS
170- 170- 170-
92400-5 9240~ 92402-1
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170- 170- 170-
92204-5 92201-1 92202-9
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86300-6 86301-4 86302-2
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86100-) 86101-1 86102-0
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96000-1 94000-1
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.~POST TOPS EXCEPTED
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*' = THESE LUMINAIRES
HAVE BUILT-IN FUSES.
REQUIRE 8 1\. F.XTEHN/\L FUSE
480 VOLT
70 100 150 200 400
WATT WATT WATT WATT WlITT
-----
5800 9500 1600022000 50000
LUMEN LUMEN LUMEN LUMEN LUMEN
-
-
-
-
-
-
-
-
-
- -
-
-
170-
92403-0
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[-;~~~3 of 6
COMPARISON of STREET LIGHTING PROGRAM
for ATLANTIC AVENUE BEAUTIFICATION PROJECT
FP&L Proposal
Architects Estimate for
City of Delray Beach Proposal
$ 40,000
Initial outlay includes
poles, light fixtures, bulbs.
complete wiring
$490,000
1,618
Monthly maintenance & power
1,472
o
I
Pole & bulb replacements monthly
625
o
Legal & liability (monthly)
City assumes all liability for
injury or damage
(2,OOO)?
137,000
Five year cost projection not
including legal and insurance
616,000
Above figures, with the exception of insurance estimate, were taken from a
chart in the office of Mr. Jerry Church.
The City Commission requested 14'-0" cAluminum poles manufactured by
Western Lighting Standards. Pole selected is model San Juan with globe
#FX5330. The suggested price of this unit is $1510.15 each. An almost
identical pole and globe manufactured by another large firm sells for
$1270.00. All prices include metal halide lamps.
Aluminum posts. as requested, are light in weight but are very susceptible
to damage from vandalism and/or vibration. They are not generally
recommended for use near salt water. Fiberglass reinforced polyester (FRP)
is a relatively new material compared to cast iron or steel. Developed in
the 1940's primarily for the aeronautic industry, it is widely used today
for many applications, including automobiles, boats, chemical storage tanks
and lighting posts. FRP lighting posts are fast becoming the electric
utility standard because they are strong, weather and chemical resistant,
lightweight, easily installed, low in maintenance, and economical. Their
corrosion resistance makes these posts ideal for direct burial and salt
laden coastal environments. An FRP post lessens the potential for damages
when struck by a vehicle due to their lighter weight. The FRP post
provides a valuable, cost effective alternative to cast iron with unique
properties not found in any other material. FRP posts are excellent for
suburban street lighting, shopping centers, and any corrosive environment.
Their lower cost, excellent durability and superior appearance make them
an excellent choice for many applications.
The following information was obtained from the U.S. Department of Energy.
Publication #DOE/CS-0006. "Energy efficiency for all light sources is the
measure of how much light is produced-measured in lumens-in relation to
the amount of energy used-measured in watts. Lumens-1r-watt rating are
similar to a very familiar measure of energy efficience: miles per gallon.
Just as cars have different efficiency ratings, so do lighting fixtures.
The most efficient light source presently available for outdoor use is
low pressure sodium. There are a number of reasons why this method has
not won wide acceptance.
The second most efficient light source is High Pressure Sodium. This is
an expensive light. The color produced by these lamps is golden white,
which tends to blacken red and blue objects. Because of their color
rendition, these lamps are not usually used for interior lighting. Their
small size, exce11ent,efficiency, and recently improved reliability are
making them increasingly popular for street and area lighting. The
smallest size available is 70 watts. which is equivalent to about 300
watts of incandescent lighting. These lamps are not readily avai1abe in
the consumer market, but might be a good investment for someone who
intends to do extensive area lighting. High Pressure Sodium lamps produce
130 lumens per watt.
Metal Halide lamps have the best color-rendering properties of the High
Intensity Discharge lamps. They are sometimes used for commercial
interior lighting because of their excellent color, and they are often
used for stadiums. Because of their high cost and relatively lower
reliability than other HID sources, they are not suitable for many uses.
The smallest size is 175 watts. Metal Halide lamps produce 110 lumens
per watt.
On page three of FP & L's Meca Symbol Catalog dated 7/31/85, your attention
is directed to alight called Post Top Traditional (PTT) which is
available in 5800 lumens, 9500 lumens and 16,000 lumens. This is a
very attractive and practical lighting fixture.
The City of De1ray Beach should definitely reconsider their decision
to install and maintain their own lighting system. The difference in
cost is so great and the difference in appearance is so small that the
FP&L lighting program is by far the best choice.
The people who benefit most from the Atlantic Avenue Beautification
Project are the merchants and property owners a10~East Atlantic Avenue.
Has the city considered requiring each building to install an exterior
light of a predetermined style? This has been done successfully in many
cities.
The luminaires presently used by FPL are High Pressure Sodium.
The luminaires selected by the City of De1ray Beach are Metal Halide.
,
Since this report was prepared bids on Phase I have been received.
Reading the bid papers carefully there is no way to determine the
true cost of purchasing and installing the street lights. This is a
top loaded bid and the only true figure is the total cost. All unit
costs appear to be adjusted to provide large payments to the contractor
during the early stages of the project.
A document dated May 10, 1988, from Sasaki Associates, Inc.. showing a
cost estimate for lighting in Phase I of $187,670 was never made
available for my inspection. This estimate is far more realistic than
the total estimate of $490,000 for both phases.
Respectfully submitted to
the Progressive Residents of Delray,
June 11, 1988
Hugh J. Clinton
DEPARTMENTAL
CORRESPONDENCE
[try DF
DELRAY BEA[H
~Ci
TO
Walter O. Barry, City Manager
John P. Walker, Project Coordinator JFVV
FROM
SUSJECT
ATLANTIC AVENUE BEAUTIFICATION PROJECT
HUGH J. CLINTON'S COMMENTS ON STREET LIGHTING
DATE June 14, 1988
Costs quoted by Mr. Clinton were taken Drom April estimates by Sasaki Associates
and represented the entire project from Swinton Avenue to the Intracoastal.
Final estimates and bid prices represent Stage 1 only (Swinton Avenue _ 5th
Avenue). The attachment compares the April estimate, final estimate and bid,
but does not include maintenance and power costs.
In a meeting in late April, City Commission made a design decision to install
a City-owned street light system. In making this decision, Commission felt
that the aesthetics of the specified system justified the additional cost.
The other points in Mr. Clinton's comments, pole-type and bulb-type,
included in the Commission's deCision to use the City-owned system.
was felt that aesthetics required the specified system.
were also
Again, it
Mr. Clinton stated a manufacturer's price for the street light of $1,510.15.
Whiteside's bid added installation cost (including concrete base) overhead and
profit to their cost from the manufacturer.
JPW:mld
Attachment
CM 362
THE EFFORT ALWAYS MATTERS
,
ATLANTIC AVENUE BEAUTIFICATION PROJECT
STAGE 1
Street light costs (40% of power distribution cost)
Sasaki estimate 4/5/88:
22 double fixture lights
$121,275
I
34 single fixture lights
124,950
power distribution
23,557
$269,782
Sasaki estimate 5/10/88:
16 double fixture lights
$ 87,936
36 single fixture lights
131,328
power distribution
23,557
$242,821
Whiteside bid 5/27/88:
16 double fixture lights
$ 48,000
36 single fixture lights
72,000
power distribution
20,000
$140,000
'.
.
.it..:.....:..'~.~.:.....'A. ~.~-".~...........
_. .i"A.~....It
,.~
'J_ Engineers
_ Planners
lE1iJ1l1I1J Economists
_ Scientists
June 8, 1988
SEF24708.A4.33
Mr. Jeffrey S. Kurtz, Esq.
Assistant City Attorney
310 S.E. First Street
Suite 4
Delray Beach, Florida 33483
Dear Jeff:
Subject: City of Delray Beach
Full Scale Treatment System
Conceptual Design Alternatives
CH2M HILL has examined available treatment technologies for removing the
contaminants which have been detected in the 20-Series Well Field. Air
stripping is the most proven, cost-effective treatment for removing
these contaminants over an extended amount of time. CH2M HILL has also
visited the City of Delray Beach Water Treatment Plant and consulted
with Department of Utilities personnel to determine the best method for
integrating the air stripping system into current treatment system oper-
ations without adversely affecting the finished water quality. Depart-
ment of Utilities personnel have expressed interest in three options.
The first option is to design an air stripping system sized to treat
only water from the 20-Series Wells and located at the well field. The
system would be placed on land purchased by the City in the vicinity of
Well 22. The advantages of this option are that it involves the least
capital investment and the costs are directly related to the contamina-
tion of the 20-Series Wells. This may be important in the City's ef-
forts to obtain compensation for the well field contamination. There
are three disadvantages of locating a treatment system at the well
field. Adequate security will have to be provided to prevent vandalism.
The second disadvantage is that operators will have to travel from the
Water Treatment Plant to service the air stripping system. Finally, the
City may not consider the air stripping system appropriate to the
aesthetic quality of the surrounding neighborhoods.
The second option is to locate the treatment system at the Water Treat-
ment Plant and install a pipeline from the 20-Series Wells to the
system. The City is currently installing a pipeline from the Golf
Course Wells which will connect to the exiting pipeline at the 20-Series
5
CH2M Hill Southeast Florida Office Hillsbora Executive Center North, 800 Fairway Drive, Suite 350 305.426.4008
Deertield 8each, Florida 33441 407, 7376665
Mr. Jeffrey S. Kurtz, Esq.
Page 2
June 8, 1988
SEF24708.A4.33
Well Field. If the treatment system is to be used for treating only
water from the 20-series Wells, a separate pipeline would have to be
constructed to .segregate the contaminated water from the Golf Course
water. The advantage of this system is that operation and maintenance
personnel will have easy access to the air stripping system. Extra
security will also not be required. The disadvantage of locating the
air stripping system at the Water Treatment Plant and treating only the
20-Series Wells is the cost of a separate pipeline. These costs are
more than the amount which would be spent to acquire land at the well
field as described in the first option.
The third option is to locate the air stripping system at the Water
Treatment Plant and treat all the water from the 20-Series and Golf
Course Wells. The advantage of this system is that a dedicated pipeline
from the 20-Series Well Field would not be necessary. Like option two,
water treatment plant personnel would have easy access to the system.
The disadvantages of this system are that it is a much larger system
than described in option two. The costs of installing and operating
this larger system may be twice the cost of option one and are not en-
tirely related to the 20-Series Well Field contamination. This may ad-
versely affect the litigation efforts. In addition, this option may be
difficult to defend in the future if the Golf Course Wells become con-
taminated with compounds which are not removed by air stripping.
If you have any questions concerning this matter, please call me.
Sincerely,
N\~ 'S. fV\o~
Mark S. Morris, Ph.D., P.E.
Project Engineer
DBT085/049
cc: Herbert W. A. Thiele/City of Delray Beach
Walter O. Barry/City of Delray Beach
Robert S. Pontek/City of Delray Beach
Gregory T. McIntyre/CH2M HILL
Ted L. Belser/CH2M HILL
Robert Wright II/CH2M HILL
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YiliMORANDUM
TO:
Walter O. Barry
City Manager
FROM:
Robert S. Pontek
Director of Public Utilities
SUBJECT:
CH2M HILL PROPOSAL FOR AIR STRIPPERS
DATE:
June 14, 1988
We have reviewed the proposal and options developed by CH2M Hill
in their June 8th submittal to Jeff Kurtz. As you are aware, I
have met with CH2M Hill on several occasions and we have
discussed the options which are now being presented to the
Commission for subsequent review and approval.
It is the recommendation to the Public Utilities Staff to
option 2 with the air strippers being located at the WTP
added protection and better maintenance. Furthermore,
option offers expandability for possible future use with
strippers for other raw water lines.
adopt
for
this
air
I met with Susan Ruby and Jeff Kurtz today (6/14/88) at 10:00am
to discuss aspects of the fees for the remaining tasks 5 thru 8
and believe we have reached agreement that fees are acceptable to
the staff. There are some questions on the actual amount of task
7, being the services necessary during construction. This phase
will include engineering during construction plus resident
inspection services. I expect this fee, which is established as
a not to exceed fee, will be finalized at less than the amount
projected by the engineers, since the construction should only
consume about 3-4 months according to the engineers schedule.
It is our staff recommendation to proceed forward with option 2,
the accelerated design-build approach to offer a positive long
term lution to the contamination of the 20 series wells.
RSP:smw
cc: Jeff Kurtz, Asst. City Attorney
Susan Ruby, Asst. City Attorney
CH2M HILL
PROJECT NO. SEF24708.A5, .A6, .A7
ADDENDUM NO. 2
DATE: June 14, 1988
PAGE 1 OF 4
ADDENDUM TO THE STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
DATED February 11, 1988, BETIvEEN THE CITY OF DELRAY BEACH,
FLORIDA, AND CH2M HILL SOUTHEAST, INC.
TITLE:
TIvENTY-SERIES WELL FIELD DETAIL-DESIGN, PER}1ITTING
SERVICES DURING CONSTRUCTION AND, GROUNDWATER AND
TREATMENT SYSTEM MONITORING
CATEGORY OF WORK:
GENERAL:
This ADDENDUM shall modify the professional services aaree-
ment referenced above and shall become part of that AGREEMENT
as if written there in full.
For the purposes of this ADDENDUM, the CITY OF DELRAY BEACH
shall be called "CLIENT" and CH2M HILL SOUTHEAST, INC., shall
be called "ENGINEER."
This addendum provides for professional engineering services
required for implementing the Detail Design, Permitting,
Services During Construction, and Groundwater and Treatment
System Monitoring for the 20-Series Well Field Full-Scale
Treatment System. The scope of services to be provided are
as described hereinafter.
I. SERVICES TO BE PROVIDED BY THE ENGINEER
A. DESCRIPTION OF WORK TASKS
ENGINEER will provide specific services to the
CLIENT in accordance with the following detailed
Task descriptions.
1. Task 5--Detail Design, Full-Scale Treatment
System
a. ENGINEER will prepare a detail design
for the proposed groundwater treatment
system. The design includes process,
mechanical, electrical, and instrumenta-
tion and control details. The location
and unit processes of the treatment
system will be based on the selected
option from the Conceptual Design
Report as approved by the CLIENT.
b. ENGINEER will submit draft contract
documents at the 90 percent final design
completion level for CLIENT review.
This submission will be followed by a
meeting between the CLIENT and ENGINEER
to discuss review comments.
CH2M HILL
PROJECT NO. SEF24708.A5, .A6, .A7
ADDENDUM NO. 2
DATE: ~une 14, 1988
PAGE " OF 4
2. Task ~--Permitting Assistance
a. ENGINEER will meet with the Palm Beach
County Health Denartment and the Florida
Department of Environmental Regulation
(FDERI to determine the permits required
for the project.
b. ENGINEER will meet with the South Florida
Water Management District (SFWMDl to
determine the permits required for the
project.
c. ENGINEER will prepare and provide to the
CLIENT for review, signature, and sub-
mission, the application for permit to
modify a water treatment system.
d. ENGINEER will prepare the SFWMD request
for permit exemption required for the
construction of a stormwater management
system for the treatment system site.
3. Task 7--Services During Construction (SDC)
a. ENGINEER will assist the CLIENT in the
selection of a general contractor for
the construction of the treatment facili-
ties. This will include:
(1) Prescreen potential bidders.
(2) Distribute copies of Contract
Documents.
(3) Attend a prebid conference and
answer bidders' technical questions.
(4) Prepare up to two (2) addenda to
the Contract Documents.
(5) Prepare six (6) sets of Contract
Documents for execution.
b. ENGINEER will provide reviews of the
contractor's submittals for the procure-
ment of the materials and equipment as
described in the Contract Documents.
c. ENGINEER will determine the requirements
for and provide the services of the
appropriate design professionals at
various phases of the work to observe
the progress of work.
n_ "RN~TN'F.F.'R wi" n"'cu"~"'Q t-o.,..'h.........""1 ...:1......_........__......
CH2M HILL
PROJECT NO. SEF24708.A5, .A6, .A7
ADDENDUM NO. 2
DATE: June 14, 1988
PAGE 3 OF 4
general contractor and the design team,
report on the progress of the contrac-
tor's schedule, and review and recommend
for payment by the OWNER the monthly pay
request submitted by the general
contractor.
4. Task 8--Groundwater and Treatment System
Mon1tor~ng
a. ENGINEER will collect and analyze an
influent and an effluent sample from the
full-scale treatment system during the
first week of startup.
b. ENGINEER will collect and analyze influ-
ent and effluent samples from the full-
scale treatment system following startup
once a week for 3 weeks followinq the
initial startup sample. Sampling and
analysis will be conducted once a month
for 3 months thereafter.
c. Influent samples will be analyzed by EPA
Methods 601 and 602, and the effluent
samples will be analyzed by EPA Meth-
od 524.2.
d. ENGINEER will sample the 20-Series wells
and 10 monitor wells installed during
the implementation of the Preliminary
Contamination Assessment Plan once a
month for 4 months following startup of
the full-scale treatment system.
e. ENGINEER will analyze samples from the
20-Series wells and monitor wells by EPA
Methods 601 and 602.
B. ASSUMPTIONS
The work described herein is based upon the assump-
tions listed below. Should conditions differ from
those assumed in a manner that will affect budget
or schedule, the ENGINEER will advise the CLIENT
in writing of the magnitude of the required adjust-
ments. Changes in compensation to the ENGINEER
will be as negotiated with the CLIENT.
1. The detail design described in Task 5 will be
based upon the conceptual design option
selected by the CLIENT, and other criteria
agreed to by the ENGINEER and CLIENT, and
documented in meeting notes prepared by the
ENGINEER.
CH2M HILL
PROJECT NO. SEF24708.A5, .A6, .A7
ADDENDUM NO. 2
DATE: June 14, 1988
PAGE 1 OF 5
ADDENDUM TO THE STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
DATED February 11, 1988, BETWEEN THE CITY OF DELRAY BEACH,
FLORIDA, AND CH2M HILL SOUTHEAST, INC.
TITLE:
TWENTY-SERIES WELL FIELD DETAIL-DESIGN, PERMITTING
SERVICES DURING CONSTRUCTION AND, GROUNDWATER AND
TREATMENT SYSTEM MONITORING
CATEGORY OF WORK:
GENERAL:
This ADDENDUM shall modify the professional services agree-
ment referenced above and shall become part of that AGREEMENT
as if written there in full.
For the purposes of this ADDENDUM, the CITY OF DELRAY BEACH
shall be called "CLIENT" and CH2M HILL SOUTHEAST, INC., shall
be called "ENGINEER."
This addendum provides for professional engineering services
required for implementing the Detail Design, Permitting,
Services During Construction, and Groundwater and Treatment
System Monitoring for the 20-Series Well Field Full-Scale
Treatment System. The scope of services to be provided are
as described hereinafter.
I. SERVICES TO BE PROVIDED BY THE ENGINEER
A. DESCRIPTION OF WORK TASKS
ENGINEER will provide specific services to the
CLIENT in accordance with the following detailed
Task descriptions.
1. Task 5--Detail Design, Full-Scale Treatment
System
a. ENGINEER will prepare a detail design
for the proposed groundwater treatment
system. The design includes process,
mechanical, electrical, and instrumenta-
tion and control details. The location
and unit processes of the treatment
system will be based on the selected
option from the Conceptual Design
Report as approved by the CLIENT.
b. ENGINEER will submit draft contract
documents at the 90 percent final design
completion level for CLIENT review.
This submission will be followed by a
meeting between the CLIENT and ENGINEER
to discuss review comments.
CH2M HILL
PROJECT NO. SEF24708.AS, .A6, .A7
ADDENDUM NO. 2
DATE: June 14, 1988
PAGE 2 OF 5
2. Task 6--permittina Assistance
a. ENGINEER will meet with the Palm Beach
County Health Department and the Florida
Department ot Environmental Regulation
(FDER) to determine the permits required
for the project.
b. ENGINEER will meet with the South Florida
Water Management District (SFWMD) to
determine the permits required for the
project.
c. ENGINEER will prepare and provide to the
CLIENT for review, signature, and sub-
mission, the application for permit to
modify a water treatment system.
d. ENGINEER will prepare the SFWMD request
for permit exemption required for the
construction of a stormwater management
system for the treatment system site.
3. Task 7--Services During Construction (SDC)
a. ENGINEER will assist the CLIENT in the
selection of a general contractor for
the construction of the treatment facili-
ties. This will include:
(1) Prescreen potential bidders.
(2) Distribute copies of Contract
Documents.
(3) Attend a prebid conference and
answer bidders' technical questions.
(4) Prepare up to two (2) addenda to
the Contract Documents.
(5) Prepare six (6) sets of Contract
Documents for execution.
b. ENGINEER will provide reviews of the
contractor's submittals for the procure-
ment of the materials and equipment as
described in the Contract Documents.
c. ENGINEER will determine the requirements
for and provide the services of the
appropriate design professionals at
various phases of the work to observe
the progress of work.
d. ENGINEER will crecarR ~R~hni~~' ~~~.___._
CH2M HILL
PROJECT ~O. SEF24708.A5, .A6, .A7
ADDENDUM NO. 2
DATE: June 14, 1988
PAGE 3 OF 5
oenera1 contractor and the design team,
~eport on the progress of the contrac-
torls schedule, and review and recommend
for payment by the OWNER the monthly pay
request submitted by the general
contractor.
4. Task 8--Groundwater and Treatment System
Monitoring
a. ENGINEER will collect and analyze an
influent and an effluent sample from the
full-scale treatment system during the
first week of startup.
b. ENGINEER will collect and analyze influ-
ent and effluent samples from the full-
scale treatment system following startup
once a week for 3 weeks following the
initial startup sample. Sampling and
analysis will be conducted once a month
for 3 months thereafter.
c. Influent samples will be analyzed by EPA
Methods 601 and 602, and the effluent
samples will be analyzed by EPA Meth-
od 524.2.
d. ENGINEER will sample the 20-Series wells
and 10 monitor wells installed during
the implementation of the Preliminary
Contamination Assessment Plan once a
month for 4 months following startup of
the full-scale treatment system.
e. ENGINEER will analyze samples from the
20-Series wells and monitor wells by EPA
Methods 601 and 602.
B. ASSUMPTIONS
The work described herein is based upon the assump-
tions listed below. Should conditions differ from
those assumed in a manner that will affect budget
or schedule, the ENGINEER will advise the CLIENT
in writing of the magnitude of the required adjust-
ments. Changes in compensation to the ENGINEER
will be as negotiated with the CLIENT.
1. The detail design described in Task 5 will be
based upon the conceptual design option
selected by the CLIENT, and other criteria
agreed to by the ENGINEER and CLIENT, and
documented in meeting notes prepared by the
ENGINEER.
CH2M HILL
PROJECT NO. SEF24708.A5, .A6, .A7
ADDENDUM NO. 2
DATE: June 14, 1988
PAGE 4 OF 4
4. ENGINEER has based the estimate of cost for
Services During Construction upon the
anticipated schedule for the selected option.
5. Only those methods outlined in Task 8 _
Groundwater and Treatment System Monitoring
will be used to analyze samples.
II. COMPENSATION TO THE ENGINEER (Option 1)
Compensation for the professional engineering services
as described hereinafter are estimated not to exceed
the following:
Labor Total
Cost Expenses Cost
Task 5--Detail Design, Full-Scale
Treatment System 5119,490 $7,850 $127,340
Task 6--Permitting Assistance 5,500 1,300 6,800
Task 7--Services During Construction 134,560 15,300 149,860
Task 8--Groundwater and Treatment
System Monitoring 19,000 26,600 45,600
TOTAL $278,550 $51,050 $329,600
Compensation for services will be based upon direct
salary cost multiplied by a factor of 2.35, plus direct
expenses connected therewith, and will be invoiced
monthly.
This Addendum is subject to renegotiation in the event of
settlement between the State of Florida, FDER, and AeroDri,
et al., or the CLIENT and Aero-Dri, et al.
************************************************************
CITY OF DELRAY BEACH
CH2M HILL SOUTHEAST, INC.
BY:
TITLE:
Mayor
BY:
TITLE:
Vice President and
Regional Manager
Attest:
Attest:
Date:
Date:
Approved as to form:
CH2M HILL
PROJECT "0. SEF24708.A5. .A6. .A7
ADDENDUM NO. 2
DATE: June 14, 1988
PAGE 4 OF 4
4. ENGINEER has based the estimate of cost for
Services During Construction upon the
anticipated schedule for the selected option.
5. Only those methods outlined in Task 8 _
Groundwater and Treatment System Monitoring
will be used to analyze samples.
II. COMPENSATION TO THE ENGINEER (Option 2)
Compensation for the professional engineering services
as described hereinafter are estimated not to exceed
the following:
Labor Total
Cost Expenses Cost
Task 5--Detail Design, Full-Scale
Treatment System $130,060 $8,850 $138,910
Task 6--Permitting Assistance 5,500 1,300 6,800
Task 7--Services During Construction 134,360 15,500 149,860
Task 8--Groundwater and Treatment
System Monitoring 19,000 26,600 45,600
TOTAL $288,920 $52,250 $341,170
Compensation for services will be based upon direct
salary cost multiplied by a factor of 2.35, plus direct
expenses connected therewith, and will be invoiced
monthly.
This Addendum is subject to renegotiation in the event of
settlement between the State of Florida, FDER, and AeroDri,
et al., or the CLIENT and Aero-Dri, et al.
************************************************************
CITY OF DELRAY BEACH
CH2M HILL SOUTHEAST, INC.
BY:
TITLE:
Mayor
BY:
TITLE:
Vice President and
Regional Manager
Attest:
Attest:
Date:
Date:
Approved as to form:
CH2M HILL
PROJECT NO. SEF24708.AS, .A6, .A7
ADDENDUM NO. 2
DATE: June 14, 1988
PAGE 4 OF 4
4. ENGINEER has based the estimate of cost for
Services During Construction upon the
anticipated schedule for the selected option.
5. Only those methods outlined in Task 8
Groundwater and Treatment System Monitoring
will be used to analyze samples.
II. COMPENSATION TO THE ENGINEER (Option 3)
Compensation for the professional engineering services
as described hereinafter are estimated not to exceed
the following:
Labor Total
Cost Expenses Cost
Task 5--Detai1 Design, Full-Scale
Treatment System $123,490 $8,350 $131,840
Task 6--Permitting Assistance 5,500 1,300 6,800
Task 7--Services During Construction 149,600 15,800 165,400
Task 8--Groundwater and Treatment
System Monitoring 19,000 26,600 45 , 600
TOTAL $297,590 $52,080 $349,640
Compensation for services will be based upon direct
salary cost multiplied by a factor of 2.35, plus direct
expenses connected therewith, and will be invoiced
monthly.
This Addendum is subject to renegotiation in the event of
settlement between the State of Florida, FDER, and AeroDri,
et al., or the CLIENT and Aero-Dri, et al.
************************************************************
CITY OF DELRAY BEACH
CH~M HILL SOUTHEAST, INC.
BY:
TITLE:
Mayor
BY:
TITLE:
Vice President and
Regional Manager
Attest:
Attest:
Date:
Date:
Approved as to form:
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE '"'' I, ,"" II """
Iii 11{\'r Bj'\{,fl.l'LORJDA 33483 305/243.7090
HEMORANDUM
Date: April 8.,1988
To: Walter O. Barry, City Manager
From: Herbert, W. A. Thiele, City Attorney
Subject: Finalization of Recodification of City of Delray
Beach Code of Ordinances
As a follow-up to my memorandum to you of April 8, 1988,
enclosed please find correspondence from American Legal
Publishing Corporation Vice President/Editor-in-Chief Sharon L.
Martin, which confirms the basic content of the memorandum
previously sent to you, as well as the list of items which
Amer ican Legal PUblishing continues to need from the City to
finalize.
In addition, you will note that Ms. Martin has raised a concern
wi.th regard to the City's authority to amend the City Charter
by ordinance alone (rather than through referendum) to change
the name of the City Council in the City Charter in addition to
the Code of Ordinances.
It is Ms. Martin's suggestion that rather than change the name
directly in the Charter, that we change same in the Code of
Ordinances, and make an editorial note in the Charter that
whenever the words "City Council" appear that they shall be
deemed to be "City Commission", and that phrase "City
Commission" will be used in the Code of Ordinances.
\~hile I understand Ms. Martin's concerns, I am not sure that
this is still not possible to be done purely by an ordinance
adoption by the City Commission. Since we will not be adopting
the entire code until June, the City Attorney's Office will
undertake additional research on the subject and shall provide
you with additional information as we obtaini t. However, in
the interim, we wanted to advise you of this concern so that
you may provide us with any input that you might have.
Additionally, we have enclosed herewith a draft of an ordinance
which would enact the new Code of Ordinances for your review
and comment, if any.
t7
Walter o. Barry, City Manager
April 8, 1988
Page 2
If you have any questions, please contact me personally at your
earliest convenience.
~
HT:sh
Attachments
cc: City Commission
Robert Barcinski, Assistant City Manager
Elizabeth Arnau, City Clerk
Sharon L. Martin, Esq., Vice President/Editor-In-Chief,
American Legal PUblishing Corporation
CRDINANCE NO. 31-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ENACTING A CODE OF ORDINANCES
FOR THE CITY OF DELRAY BEACH, FLORIDA; RECODIFYING,
RENUMBERING, REVISING AKD REARRANGING SECTIONS OF
THE CODE OF ORDINANCES AND OTHER EXISTING ORDINANCES
OF THE CITY; ADDING NEW MATTER AND REPEALING VARIOUS
ORDINANCES; RESCINDING ALL ORDINANCES AND PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the present Code of Ordinances of the City of Delray
Beach is inadequately arranged in regard to titles, topics, and subject
matter, some sections being now insufficient in form and substance for
the proper preservation of the public peace, health, safety, and welfare
of the City and for the proper conduct of its affairs, and,
WHEREAS, American Legal Publishing Company has completed the
recodifying, renumbering, revising and rearranging of the general
permanent ordinances of the City in printed form pursuant to an
agreement with said Company, and,
WHEREAS, the recodification has been on file with the office
of the City Clerk and subject to public inspection, and,
WHEREAS, in the interest of certainty with, respect to
ordinance provisions and to comply ~;.i th law, it is deemed necessary
forthwith to publish such recodification, renumbering, revision and
rearrangement of said ordinances in book form as the Code of Ordinances,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. Revision and Recodification.
The general and permanent ordinances of the City are revised,
rearranged, recompiled and renumbered as to sections into component
titles.
Section 2. Adoption of Codified Ordinances.
a. The general and permanent ordinances of the City, so
revised, rearranged, recompiled and renumbered as to
sect.ion and recodified, i.n form the same as that on file
in the office of the Clerk, bearing number the same as
this ::.,rdinance, are hereby approved, adopted and enacted,
and the same shall be printed and publiShed in book form
as the Code of Ordinances of .the Ci tv of Delrav 1'1",,,,,]-'.
b. One copy of the Code of Ordinances, upon certification as
to the correctness thereof in such book form by the Clerk
of the City shall be kept in its initial form on file in
the office of the Clerk and retained as a permanent
ordinance record of the City.
Section 3. Effective Date.
The Code of Ordinances, consisting of the various titles as
hereinabove and therein designated, and all provisi.ons thereof, shall
take effect and be in force, at, on and after July 1, 1988.
Section 4. Other Amendments and Supplements.
The Code of Ordinances may be amended or supplemented at any
time, and, when any amendment or supplement is adopted in such form as
to indicate the intention of this City Council to make the same a part
thereof, such amendment or supplement shall be incorporated in, and
deemed a part of, the Code of Ordinances so that any reference to the
Code of Ordinances shall be understood and construed as including the
Code of Ordinances, and any and all such amendments and supplements
thereto.
Section 5. Form of Amendment or Supplement.
All amendments and supplements enacted as a part of the Code
of Ordinances shall be intergrated therewith by fOllowing the form of
arrangement and plan hereby and therein adopted. Each title shall be
sub-divided into chapters, and each chapt,er shall be sub-divided into
sections.
Section 6. How Known and Cited.
This adopting ordinance, the Code of Ordinances of the City of
Delray Beach, Florida, hereby adopted and any and all amendments and
supplements which may be adopted shall be known and referred to as the
Code of Ordinances and shall be known and referred to either as "the
code," "this code," "component code," or as designated in Section 1
hereof.
Section 7. Master Copy.
The Clerk of the City in addition to the book form copy in its
initial form to be kept on file i.n the Clerk's office, pursuant to
Section 2 hereof, shall keep a complete master copy in book form and in
connection therewith or attached thereto in such form and manner as the
Clerk may determined to be most easily available for most easy
reference, a copy of all amendments and supplements bearing such title,
Chapter or section designations as may be proper. If in doubt as to
such designation, the Clerk of the City shall be guided by the advice of
the City Attorney.
Section 8. Interpretation.
meaning is required by the context or to give effect to
such ordinance.
b. The heading of sections contained in the Code of
Ordinances shall be printed in all capital letters and
are to be deemed 'to be in the nature of "catch words,"
and in case :;,f :::onflict between such heading and the
:::ontents of any sect.ian, the contents of the section
shall control, not withstanding such headings.
Section 9. Severability.
Each section and each part of each section of the Code of
Ordinances is hereby declared to be an independent section or part of a
section and notwithstanding any other evidence of legislative intent
that if any such section or part of a section, or any provision thereof,
or the application thereof to any person, or circumstances, is held to
be invalid, the remaining sections or parts of sections and the
application of such provision to any other person or circumstances,
other than those as to which it is held invalid, shall not be affected
thereby, and it is hereby declared to be the legislative intent that the
Code of Ordinances would have been adopted independently of such
section, sections, or part of a section so held to be invalid.
Section 10. Repeal of Prior Ordinances.
The Code of Ordinances contains all of the provisions of a
general and permanent nature pertaining to the subjects therein
enumerated and embraced. All prior ordinances, parts of ordinances and
sections of the prior Code of Ordinances in force, which are
incorporated in or pertain to the subjects enumerated and. embraced by
the Code of Ordinances of the City and are hereby repealed as of
,July 1, 1988.
Section 11. Prior Ordinances Not Affected by Repeal.
'rhe repeal of ordinances and Code of Ordinances sections as
provided in Section 10 hereof shall not effect:
(1) All ordinances of a temporary or special nature, and all
other ordinances pertaining to SUbjects not enumerated
and embraced in the Code of Ordinances;
(2) Any offense or act cormni tted or done or any penalty or
forfeiture incurred, or any contract or right established
or accuring before July 1, 1988;
(3) Any ordinance or resolution, promising or guaranteeing
the payment of money to or by the City, authorizing the
issuance of any bonds or notes of the City or any other
evidence of the City's indebtedness, or any contract or
obligation assumed by the City;
(6) Any ordinance naming, relocating or vacating any street
or public way, or any ordinance identifying stop streets
at intersections, one-way streets or any other traffic
regulations;
(7) Any ordinance levying or imposing taxes, assessments, or
charges;
(8 )
Any ordinance fixing salaries,
benefits or other emoluments or
officers or employees;
wage rates,
compensation
fringe
of City
(9) Any prosecution, suit or other proceeding pending, or any
judgment rendered on or prior to July 1, 1988.
(10) Any ordinance which may be adopted by the Commission
after July 1, 1988.
Section 12. Publication.
The Clerk of the City, having caused the titles of the Code of
Ordinances with their component chapters and sections to be printed,
having assembled all of such titles as the Code of Ordinances of the
City of Delray Beach, Florida, for certification as correct by the Clerk
of the City, shall have on file one such complete set of the Code of
Ordinances in its initial form .,ith this Adopting Ordinance as provided
in Section 7.
Section 13. That this ordinance shall take effect and be in
full force in the manner provided by law.
Section 14. That all ordinances and parts of ordinances in
conflict herewith be, and the same are hereby repealed insofar as they
are inconsistent or in conflict with the provisions of this ordinance.
Section 15. Should any section, paragraph, sentence, phrase,
clause or other part of this ordinance be declared by a court of
competent jurisdiction to be invalid or unconstitutional, the same shall
not effect the validity of the ordinance as a whole or any part thereof
other than the part so declared to be invalid.
Section 16. This Ordinance shall take effect on the 1st day
of July, 1988.
PASSED AND ADOPTED by the City Council of the City of Delray
Beach, Florida this day of , 1988.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
4
ORD. NO. 31-88
ORDINANCE NO. 31-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ENACTING A CODE OF ORDINANCES
FOR THE CITi O~ DELRAY BEACH, FLORIDA; RECODIFYING,
RENUMBERING, REVISING AND REARRANGING SECTIONS OF
THE CODE OF ORDINANCES AND OTHER EXISTING ORDINANCES
OF THE CITY; ADDING NEW MATTER AND REPEALING VARIOUS
ORDINANCES; RESCINDING ALL ORDINANCES AND PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS,.the present Code of Ordinances of the City of Delray
Beach is inadequately arranged in regard to titles, topics, and subject
matter, some sections being now insufficient in form and substance for
the proper preservation of the public peace, health, safety, and welfare
of the City and for the proper conduct of its affairs, and,
WHEREAS, American Legal Publishing Company has completed the
recodifying, renumbering, revising and rearranging of the general
permanent ordinances of the City in printed form pursuant to an
agreement with said Company, and,
WHEREAS, the recodification has been on file with the office
of the City Clerk and sUbject to public inspection, and,
WHEREAS, in the interest of certainty with respect to
ordinance provisions and to comply with law, it is deemed necessary
forthwith to pUblish such recodification, renumbering, reV1S10n and
rearrangement of said ordinances in book form as the Code of Ordinances,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. Revision and Recodification.
The general and permanent ordinances of the City are revised,
rearranged, recompiled and renumbered as to sections into component
tipes.
Section 2. Adoption of Codified Ordinances.
a. The general and permanent ordinances of the City, so
revised, rearranged, recompiled and renumbered as to
section and recodified, in form the same as that on file
in the office of the Clerk, bearing number the same as
this ordinance, are hereby approved, adopted and enacted,
and the same shall be printed and published in book form
as the Code of Ordinances of the City of Delray Beach,
Florida, and when so printed, published and assembled in
book form and certified as correct by the Clerk of the
City shall be admitted in evidence and accepted by the
courts and all persons as to the existence, effectiveness
and regularity of all enactments so published in said
book form, as of the effective date designed herein.
r{
b. One copy of the Code of Ordinances, upon certification as
to the correctness thereof in such book form by the Clerk
of the City shall be kept in its initial form on file in
the office of the Clerk and retained as a permanent
ordinance record of the City.
Section 3. Effective Date.
The Code of Ordinances, consisting of the various titles as
hereinabove and therein designated, and all provisions thereof, shall
take effect and be in force, at, on and after ,
1988.
Section 4. Other Amendments and Supplements.
The Code of Ordinances may be amended or supplemented at! any
time, and, when any amendment or supplement is adopted in such form as
to indicate the intention of this City Council to make the same a part
thereof, such amendment or supplement shall be incorporated in, and
deemed a part of, the Code of Ordinances so that any reference to the
Code of Ordinances shall be understood and construed as including the
Code of Ordinances, and any and all such amendments and supplements
thereto.
Section 5. Form of Amendment or Supplement.
All amendments and supplements enacted as a part of the Code
of Ordinances shall be intergrated therewith by following the form of
arrangement and plan hereby and therein adopted. Each title shall be
sub-divided into chapters, and each chapter shall be sub-divided into
sections.
Section 6. How Known and Cited.
This adopting ordinance, the Code of Ordinances of the City of
Delray Beach, Florida, hereby adopted and any and all amendments and
supplements which may be adopted shall be known and referred to as the
Code of Ordinances and shall be known and referred to either as "the
code," "this code," "component code," or as designated in Section I
hereof.
Section 7. Master Copy.
The Clerk of the City in addition to the book form copy in its
initial form to be kept on file in the Clerk's office, pursuant to
Section 2 hereof, shall keep a complete master copy in book form and in
connection therewith or attached thereto in such form and manner as the
Clerk may determined to be most easily available for most easy
reference, a copy of all amendments and supplements bearing such title,
chapter or section designations as may be proper. If in doubt as to
such designation, the Clerk of the City shall be guided by the advice of
the City Attorney.
Section 8. Interpretation.
a. In the interpretation of any provision of the Code of
Ordinances, or of any ordinance amending or supplementing
the same, general terms, phrases, and expressions therein
shall be liberally construed so as to carry out the
intent and meaning ::>f this City Council and shall have
the meaning commonly ascribed thereto, unless a different
2
ORD. NO. 31-88
meaning is required by the context or to give effect to
such ordinance.
b. The heading of sections contained in the Code of
Ordinances shall be printed in all capital letters and
are to be deemed to be in the nature of "catch words,"
,md in case of conflict between such heading and the
contents of any section, the cont.ents of the section
shall control, not withstanding such headings.
Section 9. Severability.
Each section and each part of each section of the Code of
Ordinances is hereby declared to be an independent section or part of a
section and notwithstanding any other evidence of legislative intent
that if any such section or part of a section, or any provision thereof,
.or the application thereof to any person, or circumstances, is held to
be invalid, the remaining sections or parts of sections and the
application of such provision to any other person or circumstances,
other than those as to which it is held invalid, shall not be affected
thereby, and it is hereby declared to be the legislative intent that the
Code of Ordinances would have been adopted independently of such
section, sections, or part of a section so held to be invalid.
Section 10. Repeal of Prior Ordinances.
The Code of Ordinances contains all of the provisions of a
general and permanent nature pertaining to the subjects therein
enumerated and embraced. All prior ordinances, parts of oI'dinances and
sections of the prior Code of Ordinances in force, which are
incorporated in or pertain to the subjects enumerated and embraced by
the Code of Ordinances of the City and are hereby repealed as of
, 1988.
Section 11. Prior Ordinances Not Affected by Repeal.
The repeal of ordinances and Code of Ordinances sections as
provided in Section 10 hereof shall not effect:
(1) All ordinances of a temporary or special nature, and all
other ordinances pertaining to subjects not enumerated
and embraced in the Code of Ordinances;
(2) l\ny offense or act committed or done or any penalty or
forfeiture incurred, or any contract or right established
or accuring before , 1988;
(3) Any ordinance or resolution, promising or guaranteeing
the payment of money to or by the City, authorizing the
issuance of any bonds or notes of the City or any other
evidence of the City'S indebtedness, or any contract or
obligation assumed by the City;
( 4)
The administrative ordinances or resolutions of
Commission not in conflict or inconsistent with
provisions of the Code of Ordinances.
this
the
( 5)
Any right or
resolution of
corporation;
franchise conferred by
this Conunission to
any ordinance
any person
or
or
3
ORD. NO. 31-88
(6) Any ordinance naming, relocating or vacating any street
or public way, or any ordinance identifying stop streets
at intersections, one-way streets or any other traffic
regulations;
(7) Any ordinance levying or imposing taxes, assessments, or
charges;
(8)
Any ordinance fixing salaries,
benefits or other emoluments or
officers or employees;
wage rates,
compensation
fringe
of City
(9) Any prosecution, suit or other proceeding pending, or any
judgment rendered on or prior to ,
1988.
(10) Any ordinance
after
which may be adopted by
, 1988.
the
I
Commission
Section 12. Publication.
The Clerk of the City, having caused the titles of the Code of
Ordinances with their component chapters and sections to be printed,
having assembled all of such t,i tIes as the Code of Ordinances of the
City of Delray Beach, Florida, for certification as correct by the Clerk
of the City, shall have on file one such complete set of the Code of
Ordinances in its initial form with this Adopting Ordinance as provided
in Section 7.
Section 13. That this ordinance shall take effect and be in
full force in the manner provided by law.
Section 14. That all ordinances and parts of ordinances in
conflict herewith be, and the same are hereby repealed insofar as they
are inconsistent or in conflict with the provisions of this ordinance.
Section 15. Should any section, paragraph, sentence, phrase,
clause or other part of this ordinance be declared by a court of
competent jurisdiction to be invalid or unconstitutional, the same shall
not effect the validity of the ordinance as a whole or any part thereof
other than the part so declared to be invalid.
day of
Section 16.
This Ordinance shall take effect on the
, 1988.
PASSED AND ADOPTED by the City Council of the City of Delray
Beach, Florida this day of , 1988.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
4
ORD. NO. 31-88
CITY COMMISSION DOCUMENTATION
TO:
CWA.'L~ER. O. B.ARRY, CITY MAN. AGER
1 'jJ \ /
G-<.: ,..\(, () C
DAVT6 J. KO ACS, D~ECT~
DEPARTMENT OF PLANNING AND ZONING
FROM:
SUBJECT:
PUBLIC HEARING, CONSIDERATION OF REZONING FROM RM-10 TO
C.F. FOR PRIVATE PROPERTY NORTH OF NE 1ST STREET, EAST
OF 7TH AVENUE TO ACCOMMODATE A PUBLIC PARKING FACILITY
AGENDA ITEM
REGULAR MEETING OF JUNE 14, 1988
ACTION REQUESTED OF THE COMMISSION:
dp~a~,,~ on "......t (l~t) reading of the
enacting ordinance for this rezoning; action
is to follow a public hearing
BACKGROUND:
This item has been thoroughly reviewed by the Commission, both at
first reading and during a subsequent work session. In a related
action, the Commission denied a companion request for changing
the Land Use Map designation from a residential to commercial
designation in order to accommodate a zoning designation of
C.B.D. .
The consideration before the Commission is that of rezoning from
RM-10 to C.F.. This consideration is to be evaluated by the
fOllowing:
a) compliance with the Land Use Map;
b) compliance with the Comprehensive Plan and Community
Redevelopment Plan; and,
c) the standards for evaluating a rezoning request
pursuant to Code Section 30-23-D.
Each of the above items have been reviewed by the Planning and
Zoning Board and are addressed in detail in the Board's staff
report on this item which has been provided to the Commission
previously.
<6
j,,'
"
To: Waltel. Barry, City Manager
Re: Public clearing, Consideration of Rezoning From RM-10 To
C.F. For Private Property North Of NE 1st street, East
Of 7th Avenue To Accommodate A Public Park1ng Facility
Agenda
Regular Meeting of June 14, 1988
Page 2
FOllowing action on the rezoning action, it will be necessary and
appropriate to focus attention upon selection of the most
appropriate site -layout. It is anticipated that this item
(siting selection) will appear on a sUbsequent agenda of the
Commission; however, the Commission may opt to give firm
direction on this subject at this time.
PLANNING AND ZONING BOARD RECOMMENDATION:
At its meeting of May 16th, the Planning and Zoning Board held a
public hearing regarding rezoning of this property. Varied
public testimony was received -- draft Minutes of the meeting are
attached. Upon conclusion of the hearing and Board discussion, a
recommendation was made and forwarded that based upon a
determination that the C. F. zoning designation (for the sought
use) is consistent with the (Land Use) Plan's MF-10 designation
in that parking facilities associated with commercial use is
allowed in the RM-10 zoning district (which is consistent with
the MF-10 Plan designation) that the zoning to be affixed to
the property be C.F. (vice C.B.D.). The motion carried 6-1.
REQUIRED FINDINGS:
Upon completion of the public hearing and Commission discussion,
an action should be taken. If that action is to rezone the
property, specific findings should be made a part of the record.
Assuming this course of action is taken, the following findings
are suggested:
a) Compliance with the City's Comprehensive Plan: The
proposed zoning is in compliance with the Comprehensive
Plan through the fOllowing:
generally C.F. zoning is deemed consistent with
any underlying Land Use Map designation;
regarding the specific application of this C. F.
zoning, the sought use of a parking facility is
permitted under provisions of the underlying Land
Use Map designation of MF-10
statements within the Policy Guide to the Land Use
Element support the proposal in terms of economic
development and strengthening the downtown and
such statements take precedent over other
directions within the Guide which may be in
conflict with the proposal.
To: Walter. Barry, City Manager
Re: Public dearing, Consideration of Rezoning From RM-10 To
C.F. For Private Property North Of NE 1st Street, East
Of 7th Avenue To Accommodate A Public Parking Facility
Agenda
Regular Meeting of June 14, 1988
Page 3
b) Compliance with the Communi tv Redevelopment Plan: The
proposed zoning is in compliance with the Community
Redevelopment Plan through the following:
testimony provided by the Chairman of the C. R. A.
to the effect that the proposal is in compliance
with the C.R.P. (Testimony provided at the work
session) .
compliance with several policy statements as
identified in the P & Z staff report (pages 4 and
5) which take precedent over other aspects within
the Plan which may be in conflict with the
proposal.
c) Standards for the Evaluation of Rezoninq Requests:
These' are thoroughly evaluated in the P & Z staff
report. The resulting findings are:
The fOllowing standards do not have direct
application to the request at hand:
# 3 re "spot zoning"
# 4 re impact on services
# 5 re illogical construction of boundaries
# 6 re changing conditions
# 9 re drainage
#11 re impact on property values (problematic)
#13 re grant of special privilege (however, this
subject is to be addressed in the preparation
and execution of agreements between the
developer, the CRA, and City with respect to
participation in financing, provision of
improvements, and granting of air rights
and/or abandonments)
#14 reasons why the property cannot be used under
present zoning -- the property is being used
under present zoning
The following standards do have a direct application
to the request and support it:
# 1 re relationship to the Comprehensive Plan
(see previous finding for determination of
consistency)
To: Walter. Barry, City Manager
Re: Public Hearing, Considerati6n of Rezoning From RM-10 To
C.F. For Private Property North Of NE 1st Street, East
Of 7th Avenue To Accommodate A Public Parking Facility
Agenda
Regular Meeting of June 14, 1988
Page 4
#12 re impact on development of adjacent parcels
(proceeding will accommodate development on
private property to the south which otherwise
would not be possible; and thus furthering
objectives of the Comprehensive and
Redevelopment Plan documents).
#16 re availability of other sites (documentation
and testimony has been provided demonstrating
that alternative sites which would
accommodate the proposed redevelopment do not
exist) .
The following standards have a direct
application to the request and have been
specifically addressed. The available
information supports interpretation of
the standards as not being unreasonably
impacted in an adverse manner.
* 2 re relationship to existing land use pattern:
* by using the C.F. designation relationships
as shown on the land use map are mitigated;
* with respect to actual development,an
existing apartment complex will be
demolished however this will occur with
participation by the property owner;
* other changes to existing land uses will
not be necessitated by realization of the
proposed use.
# 7 re adverse impact on area living conditions:
* while there will be an adverse impact based
upon testimony provided by neighboring
property owners, it is felt that the
long-term impacts of downtown
revitalization will be beneficial not only
to the community but also to the immediate
neighborhood.
* any adverse impacts which may be realized
are not so great that they will require
change of use on nearby properties.
# 8 re congestion:
* based upon a professionally prepared
traffic study, levels of service will not
be reduced by the project which is
associated with the rezoning request
To: Walter Barry, City Manager
Re: Public Hearing, Consideratidn of Rezoning From RM-10 To
C.F. For Private Property North Of NE 1st Street, East
Of 7th Avenue To Accommodate A Public Parking Facility
Agenda
Regular Meeting of June 14, 1988
Page 5
#10 re reduction of light and air:
* a structure built under the C.F. zoning
district will not have more of an impact on
light and air than may occur with the
construction of a mUlti-family housing
complex as currently allowed in the RM-10
zoning district.
#15 re relationship of scale with needs of the
neighborhood and the City:
* the proposed use is in keeping with
"village atmosphere" when used in terms of
an "urban village" as opposed to "small town
character" and the former expression of
community character is more in keeping with
the future of Delray Beach.
#17 re SUfficiency of information:
* many of the determinations to be made with
respect to this request involve the
interpretation of community goals, values,
and impacts. These are intuitive to a
great degree and as such are the type' of
items which fall within the realm of
legislative decision making. Otherwise,
for the more imperially based standards,
the information is sufficient for decision
making.
RECOMMENDED ACTION:
By motion, based upon the finding enumerated above with regard
to compliance with appropriate plans and standards for evaluating
rezoning requests, approval of Ordinance 33-88 on ~\""",\ ,ezx:\.N'),
REF/DJK#19/B:CCREZONE.TXT
ORDINANCE NO, 33-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED RM-I0 (MULTIPLE
FAMILY DWELLING) DISTRICT IN CF (COMMUNITY
FACILITIES) DISTRICT A PARCEL OF LAND LYING
AND BEING TN SECTION lA, TOWNSHIP 4A SOUTH,
RANGE 43 EAST. DELRAY BEACH, PALM BEACH
CCHlNTY, FLOR IDA; :o,AID LAND 1:0, [,OCATED AT THE
NORTHEAST CORNER OF N,E, 7TH AVENUE AND N,E,
l?,T f,TREET, AND A.MENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, 1983"; PROVIDING A
GENERAL REPEALER CLAUSE: PROVIDING A SAVING
CLAUSE: PROVIDING AN EFFECTIVE DATE,
NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS,
:3Acti=_L_ That t,he follo>;.]i n'" dAscribed propArt,y in
the City of Delray Beach, Florida, is hereby rezoned and placed
in t,he CF (Community Facilit~ies) District, as defined in Chapt,er
30 of the Code of Ordinances of the City of Delray Beach,
Florida. to->;.]it:
The South 104,42 feet of the West 175 feet of
Block 123. CITY OF DELRAY BEA~H. a~cording to
thA Plat thereof. record Ad in Plat Book I.
Page 3, of the Public Records of Palm Beach
County, Florida: and,
Commencing a~ a point 157 f~e~ Nort.tl of the
SOllthwest cornAr of Rlclrk 123. thenCA ERst
175 feet. thence SOl..l.t,h tJ? fp.~t,. 4 inch~5.
thence West 175 f8et, thence North 52 feet, 4
inches. t.o the Polnt, of BAginning. 811 HI
Block 123, CITY OF DELRAY BEACH, according to
the Plat thereof recorded ln Plat Book 1,
Page 3. of t.he Public Recc;rd~, (If Palm Be.a.ch
Connt,y. FloridA; and,
Lots 1, '. and 3, PARK COURT :-',UBD IV IS ION,
according to the Plat thereof on file in the
Office of the Clerk of the Circult Court in
and for Palm Beach County. Florida, in Plat
Book 10, Page 74,
The subiect property is located at
nor~heast corner of N,E, 7th Avenue and
15t Street, Delray Beach. Florida,
t,he
N, E,
The above-described
acre parcel of land,
parce I cont,a ins
more or lp!35.
a
1, 17
S_eL:LiDXL?c That,
shall, upon t,he effect,ive
Zoning Map of Delray Beach.
sians of Section 1 hereof.
the Planning Director of sald Clty
dRtA of this nrdinan~~. chan~p the
~lorid8, to conform >;.]ith the provi-
5-t:s:-d::.lQ.n____3_-'-__ Thl'i_t. all (>rdinaD0.PS or part.s of ordinc.tnces
in conflict here>;.]jth he, and the same are herAhy repealed,
g
Sect.iQILA~ That :",hollld any section or provision of
this ordinance or any portion thereof, any paragraph, sentence,
or word be declared by a Court of competent iurisdiction to be
invalid. such decision shall not affect the validity of t.he
remainder hereof as a whole or part, thereof ot,her than t>he part,
declared to be invalid,
Se"UQIL5_c_ That, thi.s ordinance shall become effect>ive
immediately upon passage on second and final reading,
PASSED AND ADOPTED in
final reading on this the
reg1..l.1ar ~,e;:::,s ion
day of ________~__
on second and
1988.
MAY 0 R
ATTEST;
City Clerk
First Reading ~___________
Second Reading _______________________
- 2 -
Ord. No. 33-88
~ g:;~ 9tu
777 Ca.J/ ~'A/;uI4c -h'f'""I/lr
,:.:t,,-<< !I{'
~dt~y "'&nof,7k,t';.-h tJff!
(Ir ,-j :?N-I?N
l"i "
~ <.
!,.
May 17, 1988
MAr 19 i088
( "y ,e
v" 1'f1"')1I/4"",
Mr. Walter O. Barry, City Manager
City of Delray Beach
lOO NW First Avenue
Delray Beach, Fl 33483
Dear Walter,
RE: Jacobson's Sign Package
This wilJ serve as our official Request for Waiver of the sign requirerrents of the
City of Delray Beach to accarmodate those signs reqlEsted by Jacobson ,'s. Many of
the signs requested are within code.
Roof Top Sign: They request a roof top sign to be permitted on the top of our
existing four-story office building that would face one and perhaps two directions.
Renote Sign: They reqlEst the right to erect a sign on U.S. 1 on property not yet
located within the city limits of Delray Beach. They are hoping to firxl. a location
within two blocks of Atlantic Avenue, preferably on the east side, northbound.
store Front Signs: They request their standard lighted sign (permissible under
existing codes) at each entrance. They expect to have a total of three and perhaps
four main entrances to their store.
1. Facing our plaza and the tree, in lir.e with Mole Hole and Patchwork Place.
Their sign would be erected on top of the entrance where we presently have roof
tiles above the first floor.
2. Above their entrance on the secorxl. floor facing the parking deck to the north.
3. Above their entrance facing west and 7th Avenue. In addition, they may want a
small plaque at the entrance under the parking deck with their fourth entrance
facing north.
Pylon Signs: We propose to in=ease the size of each of our pylon signs at each of
our main entrances, on Atlantic Avenue and 7th Avenue. They would be increased
approximately 24" in height and remain the sarre width. On that height in=ease,
we would locate the words "Atlantic Plaza". Where the present Atlantic Plaza
letters are now located, we would place the word "Jacobson's". I believe that the
present code allows a certain maximum square footage of both signs. Those would
have to be increased slightly to allow this. In any case, the height would not
exceed th xisting code.
Jr.
cc: Joyce Desonreau
~
~ ~~ 9t1d
May 17, 1988
7?70~,J/ ~'A/~f'hr :A~?I//I'
,:t/# 11('
j)r/tny ..&nof, fit,"" I!-'N
. /Jr);' ...'71'-/9-1'9
M 'Yl C\ 1j~'C
.A ~ .....'-'...,
r.IP' :.
Walter O. Barry, City Manager
City of Delray Beach
100 NW First Avenue
Delray Beach, Fl 33483
Dear Walter,
I have checked with Joyce and reviewed the sign regulations of Delray Beach with
her. Ny understanding is as follows:
Roof Top Sign: Presently, not pennitted.
Off-Premises Sign: Presently, not pennitted.
Store Front Sign: Known as "flat wall signs". Only two are pennitted if the
building faces two streets at a corner. Thus, since Jacobson's wishes to have a
flat wall sign facing our plaza at their entrance looking south, above the second
floor entrance facing the parking deck to the north and their 7th Avem19 entrance
facing west, they are reqoosting one sign over the total mrnber pennitted. Only
two are allo'\\ed presently. As to the srrall plaqoo at the entrance nnderneath the
parking deck, that, apparently, is a gray area.
Delivery Sign: They are allowed up to nine square feet at the rear entrance nnder
present code.
Projecting an:l "Under Canopy" signs are allo'\\ed but they are not being requested,
so two signs nnder this category are not being utilized.
Free Standing Pylon Signs: As you knCM, '\\e have an entrance sign on Atlantic
Avenue and one on 7th Avem19. I nnderstand fran Joyce that our request to increase
the height by about 24" is not presently pennitted, but would be nnder the proposed
new sign ordinance that is caning before the City Cannission next week.
In surrrary, the roof top sign, the extra store front (f!at wall sign) facing west
and the all premises signs are going to require a waiver. We hereby Request for
Waiver for these signs.
In the event the free standing pylons signs are not increased under the current
proposal, we hereby Request for Waiver for that expansion which would only be 24"
higher on each sign.
This tl,etter is rreant to be an explanation of my other letter of May l7.
Simon, Jr.
cc: Joyce Desorrreau
.
CITY COMMISSION DOCUMENTATION
TO:
O. BARRY, CITY MANAGER
" j If uctcJ
D . K VAC~DIRECtOFl
DEPARTMENT OF PLANNING AND ZONING
FROM:
SUBJECT: PUBLIC HEARING, CONSIDERATION OF WAIVER OF CERTAIN
REQUIREMENTS OF THE SIGN CODE WITH RESPECT TO THE
PROPOSED JACOBSON'S DEPARTMENT STORE
AGENDA ITEM
REGULAR MEETING OF JUNE 14, 1988
ACTION REQUESTED OF THE COMMISSION:
approval of waivers from the sign code to allow
the following signing for Jacobson's Department
Store which is to be located in Atlantic Plaza:
* a roof mounted sign
* an off-site sign
* an increase in the number of signs
* modifications to an existing pylon sign.
BACKGROUND:
Attached is correspondence
which are being requested.
meet on WedneSday, June 8th,
each of the requests.
which describes the specific items
The Community Appearance Board will
and will provide a recommendation on
In addition to the Board's recommendations, the Commission should
consider the general effect of granting waivers to the sign code.
Attached is a listing of signs which are classified as
nonconforming because of violations as noted. Upon direction
from the City Commission, administrative action will be taken to
have these signs removed or brought into conformity. Proceeding
to grant waivers to the sign code to accommodate the Jacobson's
request without extremely good and sufficient reasons may lead to
further requests for waivers from owners of signs which are to be
abated.
CITY OF DELRAY BEACH LEGAL ADVERTISEMENT
WAIVER OF SECTIONS 9-208(a) AND (d), 9-210(F)(1)(b)
and 9-210(F)(3)(a) OF THE CODE OF ORDINANCES
Pursuant to Chapter 2, Section 2-9 "Waiver of City Ordinances",
of the Code of Ordinances, the City of Delray Beach has
received a request from Sandy Simon, developer of Atlantic
Plaza, Ltd. to waive section 9-208 (d) to permit roof signs,
9-208(a) to permit off premise signs, 9-210(F)(1)b to permit
two additional flat wall signs and, section 9-210(f) (3) (a) to
permit an increase in height of two existing freestanding
signs at Atlantic Plaza to acconunodate Jacobson's Department
Store. In accordance with the City of Delray Beach Code of
Ordinances, Section 2-.'l.- "Waiver,--o~ ty Ordinances", a Public
Hearing will be held o~June 14, 1988 at 7:00 p.m. at City Hall
to consider this request.
Please be advised that if any person decides to appeal any
decision regarding this matter, such person will need a record
of this hearing and may need to insure that a verbatim record
of the proceedings is made. The City does not provide or
prepare such record.
PUBLISH: Delray Beach News
June 2, 1988
CITY OF DELRAY BEACH
Elizabeth Arnau
City Clerk
DEPARTMENTAL
CORRES~ONDENCE
TO
David Kovacs, Planning Director
Q;;i
\ ;r
Adm n.
[ITY DF
DELAAY BEA[H
~~(i
FROM
Joyce Desormeau, ace. Lie. & Sign
SUBJECT
JACOBSON SIGN WAIVER REQUEST
DATE
6/3/88
Per your request, if Jacobson's sign waiver request, i.e., roof top signs,
off-premises signs, excess flat wall signs, were approved by the Commission,
the presidence established would encourage the attached 100 non-conforming
signs slated for enforcement, to apply for the identical waiver.
The Commission should be made aware of this situation. The Community Appearance
Board will review the waiver request on June 8. 1988.
RECEIVED
JUN 0 3 1988
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RESOLUTION NO. 31-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, REPEALING RESOLU-
TION NO. 15-86, AND ENACTING A NEW RESOLUTION
AUTHORIZING PURSUANT TO THE CITY CHARTER OF
THE CITY OF DELRAY BEACH. FLORIDA, IN SECTION
2-7(b) OF THE CODE OF ORDINANCES OF THE CITY
OF DELRAY BEACH, FLORIDA. THE EXCHANGE OF
CERTAIN REAL PROPERTY OWNED BY THE CITY OF
DELRAY BEACH AND OCEAN PROPERTIES, LTD..
GENERALLY LOCATED IN SECTION 16. TOWNSHIP 46
SOUTH, RANGE 43 EAST: PROVIDING FOR THE TERMS
AND CONDITIONS OF SUCH EXCHANGE.
WHEREAS. the City of Delray Beach, Florida, is the
owner of property more particularly described as follows:
The South 50 feet of the North 65.5 feet of
Lot 15 of the Subdivision of fractional East
Half (E 1/2) of Section 16, Township 46
South. Range 43 East. Plat Book 1, Page 25,
Public Records of Palm, Beach County, Florida.
WHEREAS, Ocean Properties. Ltd. is the owner of certain
real property more particularly described as follows:
A Parcel of land being a portion of Original
Lots 13, 14 & 15, OCEAN BEACH SUBDIVISION,
Section 16, Township 46 South, Range 43 East,
Delray Beach, Palm Beach County, Florida,
more particularly described as follows:.
Commencing at the intersection of the center
line ,of Atlantic Avenue and the East Right-
of-Way line of Andrews Avenue ext.ended:
thence with said East Right-of-Way line
Northerly 612,83 feet to t.he Nort.h line of
the South Half (S 1/2) of Original Lot 13:
thence with an interior angle to t.he 1"ft of
89 degrees 47' 30", 153.00 feet along "laid
North line of the South Half (S 1/2) of
Original Lot. 13 in an East,erly d treetlon t.o
the Point of Beginning: thence continuing
along said North line. 314.95 feet in an
Easterly direction to the West Right-Of-Way
line of Ocean Boulevard (S.R. AlA); thence
with an interior angle to the left of 81
degrees 18' 07", 57.66 feet. in a Southerly
direction along said West Right-Of-Way line;
thence with an interior angle to the left of
98 degrees 41' 53", 306.02 feet in a Westerly
direction; thence with an interior angle to
the left of 90 degrees 12' 30", 57.00 feet in
a Northerly direction to the Point of Begin-
ning, containing 0.406 acres. more or less:
TOGETHER WITH
A Parcel of land being a portion of Original
Lots 13, 14 & 15, OCEAN BEACH SUBDIVISION.
Section 16. Township 46 South. Range 43 East.'
Delray Beach. Palm Beach County, Florida.
more particularly described as follows:
10
Commencing at the intersection of the center
line of Atlantic Avenue and the East Right-
of-Way line of Andrews Avenue extended;
thence with said East Right-of-Way line
Northerly 476.27 feet to the Point of Begin-
ning; thence continuing Northerly along said
East Right-of-Way line 136.56 feet to the
North line of the South Half (S 1/2) of
Original Lot 13; thence with an interior
angle to the left of 89 degrees 47' 30",
153.00 feet along said North line of the
South Half (S 1/2) of Original Lot 13; thence
with an interior angle to the left of 90
degrees 12' 30", 136.00 feet in a Sour.herly
direction; thence with an interior angle to
the left of 90 degrees 00' 00", 153. 00 feet
in a Westerly direction to the Point of
Beginning, containing 0.479 acres. more or
less.
WHEREAS, the Cit,y Council of the City nf Delray Beach
has previously discussed and is of the opinion that it would be
in the best interest of the City to exchange the above-referenced
real property owned by the City for the above-referenced real
property owned by Ocean Properties. Ltd., upon the terms and
conditions set forth in this Resolution and its attachment. Such
property shall be exchanged in accordance with the terms and
conditions set forth in the Land Exchange Agreement between the
parties which is attached hereto and expressly made a part
hereof, and which provides for the legal description of the
properties involved, the prOviding of evidence of title. the
payment of the cost for closing and recording of the 'documents.
provides for cond; tions precedent t,o the clos i.llg which includes
the imposition of a land use restriction by the' City in a form
acceptable to the City which restricts the use of the property
conveyed to Ocean Properti.es, [,td. for the sole purpose of hotel
and conference center development in conjunction with the exist-
ing hotel complex located on Ocean Properties. Ltd.'s holdings,
and which makes certain post-closing requirements. including
Ocean Properties' obligation to construct a parking lot at its
sole cost and expense on the Ocean Properties parcel concurrently
with the development of the Delray parcel, to demoli.sh thp.
existing fire station located upon the Delray parcel, to design
and construct ret,aining walls necessary for the east and south
boundaries of the Ocean Properties parcel, and to obtain certain
performance and payment bonds.
NOW. THEREFORE, BE IT RESOLVED BY THE CITY CorJNCn OF
THE CITY OF DELRAY BEACH, FLORIDA. AS FOLLOWS:
5.e.c.!..~_L. That. Resolution No. 15-86, be. and the same
is hereby. repealed.
. .
Section.2..~ That the City Council of the City of Delray
Beach, Florida; does hereby authorize the Mayor to execute a
standard form general warranty deed of the above-described rp.al
property locat,ed in the City of Delray Beach conveying same to
Ocean Properties. Ltd. in accordance with the terms and condi-
tions of the exchange as set forth in this Resolution.
PASSED AND ADOPTED in regular session on this the
day of ______.__..._.. 1988.
ATTEST:
. .____r___._..__.____._._.___... ......._.____.__.....
MAY 0 R
City Clerk
- 2 -
Res. No. 31-88
CITY COMMISSION DOCUMENTATION
TO: WALTER O. BARRY. CITY MANAGER
CJ~;), ~..t ,"WL-
FROM: DAVID J, KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: PUBLIC HEARING, CONSIDERATION OF RESOLUTION 31-88
AUTHORIZING A LAND EXCHANGE BETWEEN THE CITY AND OCEAN
PROPERTIES
AGENDA ITEM
REGULAR MEETING OF JUNE 14, 1988
ACTION REQUESTED OF THE COMMISSION:
rescinding Resolution 15-86, accepting terms of a proposed
land exchange agreement, and authorization to consummate said
agreement
action is by Resolution *31-88
BACKGROUND:
By Resolution 15-86 (March, 1986) the City Commission authorized
a land exchange through which a portion of City owned property
which is currently being used for a parking lot was to be
exchanged with a 58' wide parcel owned by Ocean Properties,
Ocean Properties was to absorb all costs associated with the
exchange and to construct a parking lot on the property which
they were exchanging to the City. That agreement was predicated
upon zoning being in place which would accommodate expansion of
hotel use to the north of the existing Holiday Inn,
10
.-
-
..
~
To: Walter O. Barry, City Manager
Re: Public Hearing, Consideration of Resolution 31-88
Authorizing a Land Exchange Between City and Ocean
Properties
Agenda Item
Regular Meeting of June 14, 1988
Page 2
As events unfurled, it became necessary to alter
aescriptions and terms as set forth in Resolution
background materials regarding the siting of Fire
regarding such events).
the legal
15-86 (see
Stacion #2
The proposed agreement, copy attached, ma~ntains the original
terms that Ocean Properties will absorb all costs necessary for
the transaction and that they will construct a surface parking
lot on a part of the property being transferred to the City.
Additional terms include the fOllowing:
an Lncrease in area to be exchanged on behalf of both
parties,
restrictions regarding use on the property being
exchanged to Ocean Properties,
deferral of construction of the surface parking lot,
participation in some joint construction costs
associated with hotel and fire station development,
City Commission initiation and support for various
variances which are required for the proposed hotel
development.
RECOMMENDED ACTION:
By motion: Adoption of Resolution 31-88
Attachment:
Resolution 31-88
Proposed Land Exchange Agreement
REF:DJK#19/A:CCEXCHGE.TXT
CITY COMMISSION DOCUMENTATION
TO:
~R 0"BARRY, CITY MANAGER
~c~J .vOUCe-2-
DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM:
SUBJECT:
PLANNING AND ZONING BOARD RECOMMENDATION TO ANNEX
PROPERTY OWNED BY ENTERPRISE LEASING AS A SINGLE PARCEL
WITH ZONING OF G,C.
AGENDA ITEM
REGULAR MEETING OF JUNE 14, 1988
ACTION REOUESTED OF THE COMMISSION:
Acceptance of the Board I s recommendation, direction to the
City Clerk to prepare an enacting ordinance and direction to
notice a public hearing for first reading to be held on July
12th.
BACKGROUND:
This item has been before the Commission previously and was
referred to a work session which was held on Friday, May 27th.
The subj ect of concern was whether or not split zoning (part
commercial and part residential) should be applied to the
property. It was the apparent consensus of the Commission to
pursue split zoning with Lot 14 being zoned as RH and the balance
of the property as G.C. (Note: At the work session, Mr, Kruger
stated that he had amended the petition to accommodate SC zoning
on all but Lot 14 and Lot 14 to be G.C, --- this was incorrect as
the letter on record shows the petition amended in its entirety
to the G,C. designation),
In light of the apparent consensus of the Commission, the
following courses of action need to be considered:
a)
proceed per
recommendation
GC zoning
the Planning and Zoning Board's
i,e, annexation of a single parcel with
this action will necessitate the platting of the
individual lots into a single parcel prior to
annexation; if this course is pursued a "sunset"
date should be established for acceptance of a
revised (single lot) petition.
t I
To: Walter, Barry, City Manager
Re: P&Z Board Recommendation To Annex Property Ownen By
Enterprise Leasing As A Single Parcel With Zoning Of G,C,
Agenda Item
Regular Meeting of June 14, 1988
Page 2
b) inquire of the applicant (agent) if he cares to modify
the petition in light of the apparent consensus, then:
if not, deny the petition before you on the basis that
it is not appropriate to extend commercial zoning
further to the east than it already exists pursuant to
the current County zoning; or,
if so, direct that an ordinance be prepared for first
reading, said ordinance to reflect RH zoning on Lot 14
and GC zoning on the balance of the property, and
direct that a hearing be set for July 12th.
a course of action resulting in denial may
adversely affect the City's ability to annex other
portions of Enclave 50 prior to November, 1989, at
which time it is anticipated that the Chamberlain"
Toyota property will be annexed, If Enterprise
Leasing is annexed at this time, there will only
be one property owner remaining between Enterprise
and Mazda and if that property is voluntarily
annexed, it will be possible to annex those
portions of Enclave 50 which are on the east side of
Federal Highway without annexing the Chamberlain
Toyota parcel,
Please note that since this is a voluntary petition, it is
inappropriate to proceed in a manner contrary to the petition
before the Commission. If annexation is not consummated at this
time, it will eventually be accomplished through the Enclave Act.
PLANNING AND ZONING BOARD RECOMMENDATION:
At its meeting of March 21st, the Board held a public hearing on
this item, There was public comment, some of which was in
opposition to extension of commercial zoning onto Lot 14,
Following the applicant's action to modify the petition from SC
to GC, the Board unanimously recommended approval upon the
condition that all lots were incorporated into a single parcel
prior to the annexation becoming effective.
RECOMMENDED ACTION:
Commission discretion.
(See alternative courses of action listed above),
REF/DJK#22/B:CCENTERP.TXT
~
';
[ITY DF DEL RAY BEA[H
May 31, 1988
100 NW, tsr AVENUE
Of:lRAY BEACH, H GRIDA 33444
305/243 7000
Mr, Beril Kruger
Beril Kruger and Associates
100 East Linton Boulevard
Suite 202-A
Financial Security Building
Delray Beach, FL 33483
Re: Enterprise Leasinq Annexation Petition
Dear Beril:
Referencing your letter of April 7, 1988, a copy of which is
attached, the petition for the above annexation was amended to
reflect G,C, instead of S,C. zoning. There is no mention of the
amendment pertaining only to Lot 14 as you stated before the City
Commission at its work session on May 27th,
Given the apparent miscommunication (assuming that indeed your
client will accept only an SC desgination on Lots 6 through 13)
created by your letter and the City Commission's leaning toward a
split zoning of commercial and residential designations, please
advise us of your desires in this matter i,e"
receiving an action per your original application (all SC)
receiving an action per your amended application and the
Planning and Zoning Board recommendation (all GC)
receiving an action involving split zoning of GC on Lots 6
through 13 and RM on Lot 14.
In the event that we do not hear from you prior to June 7th, the
recommendation of the Planning and Zoning Board will be placed
before the City Commission for action.
Please provide your response, if any, in writing,
Cordially,
100- .,' "') ,.\. '~\..iC,<,,+-:
\.....-eavi~J. icbvacs, Director
Department of Planning and Zoning
Attachment: Kruger's letter of April 7, 1988
c: Walter 0, Barry, City Manager
Project File
THE Ef'FORT ALWAYS MATHRS
---
LerilKrugerAnd.J. ...Ssociates
April 7, 1988
.~c, David Kovacs, Planning Director
City of Delray Beach
100 N.W. First Avenue
Delray Beach, Florida 33444
~ECE\\fEO
~~R \ 8 \S88
'~"~\~G
Dear David:
RE: Enterprise Leasing Re-zoning/Annexation
II ~'&
<X
7.onjn~
Lund J'lll.nlljn~
!<CZOrllll,lot
('ondltionl:l.l UMC'
Special EXl'~plion~
Land Use Plan Change!'
\'arlanccf,
Annrxat!ons
Cnndcmn81lons
ConRu1!ing
Right of Way AhandnnmcnfS
This letter will serve as our request for a change in our application for
re-zoning from SC [originally asked for] to GC, pursuant to the decision
of the Planning and Zoning Board,
On April 6, 1988, I submitted to Jasmine Taylor a letter from Mayor
Campbell, dated April 21, 1986 and entitled "DEAR RESIDENTS AND PROPERTY
OWNERS OF UNINCORPORATED DEL RAY BEACH", The last page of the
correspondence is a question and answer sheet containing a paragraph
headed "WHAT IS THE CITY PLANNING TO DO ABOUT BUSINESSES THAT IT ANNEXES
IN?", which paragraph reads, in part, that "All businesses that are in
the enclaves will be permitted uses under city council policy",
I would appreciate your reaction to the above as soon as possible.
Sincerely, 1
I :;/~f&:!!fz<<tJfcitt
I
BK:l
100 East Linton Blvd.
Suitt' 202 A
DclrllY Beach, FL 33483
(M5) 272.1042
(305) 734.2555
PLANNING L
CITY OF OELRAY
ZONING BOARD
BEACH
STAFF REPORT
MEETING DATE:
May 16. 1988
AGENDA ITEM:
III. B
ITEM:
Consideration for Annexation and Initial Zoning of SC for
Borton Volvo, Inc, on'N, Federal Hwy,adjacent to N,E. 22nd St,
Extended,
I
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,------
Naw. ahOft
GENERAL
DATA:
Own.r...........................Bcr~on Volvo. Inc.
"qent.......................... .R0ger Saberson, P.A.
Project Loc.tion................North Federal Hlqhway adjacent to
H.E. 22n4 Street extended
Property 51ze................... ..9 A.cres 1213,444 Sq. Ft.)
County LAnd Use Plan............Ccmmercial
City Land Use Plan..............Commercial
Present zoninq..................CG_General Commercial (County)
Preposed City zoninq............SC-Specialized Commercial
Juri.diction....................Palm Beach County
Adj.cent zonin~.;...............North, South .nd E.st of subject
property is zoned county CG
(Gener.l Commercial). East i.
SF (Single Family).
Present Use.....................F.C~lity is under construction
Proposed Use....................Commercial use (.utomobile
de.lership)
Sewer Service...................Extension of forcemain is
required
w.ter Service...................Service c.n be prOvided by
connecting into the existing City
w.term.in in the right-of-w.y of
Federal Highw.y directly acro.s
from this property
/1--
-
ITEM : "2Ir.~
~
CITY COMMISSION DOCUMENTATION
TO:
C, TER O. BARRY, CITY, MANAGER
0~ "lJVouc);~
I~~~ACS. DIREcTbR
DEPARTMENT OF PLANNING AND ZONING
FROM:
SUBJECT: PLANNING AND ZONING BOARD RECOMMENDATION TO ANNEX
PROPERTY OWNED BY BORTON VOLVO WITH ZONING OF S,C.
AGENDA ITEM
REGULAR MEETING OF JUNE 14. 1988
ACTION REQUESTED OF THE COMMISSION:
Acceptance of the Board's recommendation, direction to
the City Clerk to prepare an enacting ordinance for
first reading, and to advertise a pUblic hearing,
BACKGROUND:
This is a relatively straightforward item, Borton Volvo is
located on Federal Highway north of the Delray Swap Shop (it is
not contiguous to the swap shop), The dealership has been
constructed under the auspices of Palm Beach County, Water is
provided by the City via a water service agreement.
At the time the water service agreement was approved, time was of
the essence and. immediate annexation was deferred, It is now
time to complete the annexation process, Concurrent with the
action on the water service agreement, a site and development was
reviewed and approved by the Board and the Commiss1on,
PLANNING AND ZONING BOARD RECOMMENDATION:
At its meeting of May 16th, the Board held a public hearing on
this item. The only public testimony was from Marilyn Carr,
nearby property owner and member of CAPA, who raised objections
and claimed that an enclave was being created. The Board's staff
report (copy attached) addresses the matter of whether or not an
enclave is being "created", The City Attorney agrees with the
position outlined in the report that an enclave is not being
created,
~
To: Walter 0, Barry, City Manager
Re: Planning and Zoning Board Recommendation to Annex
Property Owned by Borton Volvo with Zoning of S.C,
Agenda Item
Regular Meeting of June 14. 1988
Page 2
The Board has recommended enactment of the annexation with SC
zoning which is the most appropriate zoning district for the use
on the property. There are no conditions,
RECOMMENDED ACTION:
By motion: Approval of the action requested of the Commission as
stated in the initial paragraph, above.
Attachment:
Borton Volvo P&Z Staff Report of May 16, 1988
REF/DJK#22/A:CCBORTON,TXT
ITEM BEFORE THE BOARD:
The action before the Board is that of making a
a voluntary annexation and initial zoning to
Commercial) for a 4.90 acre site at US Highway
Street extended. The site is the location
dealership which has been developed pursuant to
recommendation on
SC (Specialized
No.1 and NE 22nd
of a new Volvo
County standards,
BACKGROUND:
In March, 1987, the City was notified of a County land use
request for a Special Exceptidn to allow construction of a new
Volvo dealership. The petition was discussed by the Planning and
Zoning Board at its April 1, 1987, workshop meeting. The Board
reviewed conceptual development plans. The official action of
the Board was not to oppose the proposed development even though
it expressed concern over traffic impacts and the adequacy of the
traffic study. The Board's recommendation was forwarded to City
Commission on April 14, 1987. The Commission forwarded a
different recommendation to the County which requested that the
County take no further action on the item, as it would impact ~
area which the City will be annexing. During this review and
comment period; the City did not approve or act upon a specific
site plan, nor was a formal review of a site plan conducted.
The County land use request was approved and the project
proceeded to construction with sewer service to be provided by an
individual (septic) system, and water from a well. Events have
occurred during the course of construction wherein sewer service
will be available to the project. Thus, the dealership has now
obtained both sewer and water service from the City.
On January 8, 1988, a request for a water service agreement was
received for this site. A site plan was submitted and reviewed
for City compliance in conjunction with this request, During the
review of the water service request, it was determined that this
site was contiguous to the City via commercial property across US
Highway No.1 at the southwest portion of the site. Standard #1
for assessing water service agreements deals with eligibility for
annexation and states if eligible, annexation should occur unless
special circumstances exist, This site was eligible for
annexation, but as time was of the essence for obtaining water as
the dealership neared completion, a water service agreement was
processed. '-The site plan and water service agreement were
reviewed and recommended for approval with conditions by the
Planning and Zoning Board on February 26, 1988.
The City Commission approved the water service' agreement on March
8, 1988, with conditions as recommended by the Planning and
Zoning Department. One of these conditions was the processing of
an annexation request for the Volvo dealerShip. This is the
request before you.
TO: Planni _ and Zoning Board
RE: Staff Report - Borton VClvo'Annexation/Rezoning
Page 2
ANNEXATION ANALYSIS:
The 4.09 acre parcel requested for vOluntary annexation is
contiguous to the City via the property on the west side of US
Highway No.1 at t~e southwest portion of this site,
Water Service will be provided by a service tap into the existing
12" main located on the east side of US Highway NO,l.
Participation in the cost for a lift station, gravity sewer and
forcemain extension was required of this development. The sewer
line extension and lift station installation for Volvo has been
completed and released by Palm Beach County. The dealership has
paid $70,000 in off site utility improvement costs in addition to
the regular connection fees. This parcel will receive service in
a manner similar to that for similarly situated properties which
are already in the City, The LOS for this particular site is (A)
in that full service is provided and additional manpower demands
will not be. placed upon the City. ,r
This property is not part of an enclave pursuant to the Enclave
Act. Thus the area was not included in the Enclave Report.
l.lnl~
A"new'1enclave w~ll not be createC1 in that" landS which
will be ~('~,at...( by this annexation are uFurrently part of a'
I'~~ ere\~'t,"ad-Ol\I~QJ "'el-ud':; n...bel.ffilclooe.l4tJ..a.'fI.~~ficrave is an area which
is surrounded by one municipality. ~ "~ unincorporated
areas which will be ~eu.l<Wl OlAf contig1l.~];I,il to two municipalities
(Delray Beach and Gulrstream) thus by1~er~nition, not an enclave.
Thus, this annexation will only redefine the boundaries of a
current "enclave",
There are no required findings other than annexation will not
create an enclave, required by Florida Statutes prior to approval
of a voluntary annexation.
COMPREHENSIVE PLAN MATTERS:
The current land use designation for this area is (C) Commercial.
The surrounding land use designations are Commercial to the
north, south, west and Residential Single Family to the east,
The parcel was before the Planning and Zoning Board on JUly 21,
1986, for a public hearing in connection with the designation of
incorporated parcels with City land use designations. This
parcel at that time had been designated for a land use change
from the County (LM) Low-Medium Residential designation to (C)
Commercial City designation. The proposal went before the City
TO: Planni. and Zoning Board
RE: Staff Report - Borton Volvo Anne~cation/Rezoning
Page 3
Commission on August 12, 1986, where the approval was given to
send this amendment along with other unincorporated areas to the
State for a 90 day review period. On December 2, 1986, the
proposal came before the City Commission and was passed on first
reading. The second and final reading was held on December 30,
1986, The existing land use designation is consistent with the
surrounding area, .
The Policy Guide to the Land Use Element of th Comprehensive Plan
has several pOlicies which relate to auto related uses. While
none of these policies apply specifically to this request other
than compliance with the adopted auto dealership development
regulations, in general terms, the proposed use and its location
do conform to the POlicy Guide.
ZONING ANALYSIS:
Standard ~l and Standard ~2 (will the change be contrary to the
proposed Land Use Plan or existing Land Use Pattern) - the. change
is consistent with the Land Use designation assigned to the
parcel by City Commission on December 30, 1986. The proposed
change is consistent with Commercial development and designation
which abuts this property to the north, west and south.
Standard ~3 (spot zoning) - This parcel
surrounding commercial designations and is
zoning. This is the only zoning district
allows the use of automobile dealership,
Standard ~4 (load on public facilities) This proposal is
consistent with the Land Use designation for which public
facilities have been planned, The Volvo site currently has water
service via a 12" water main located on the east side of US
Highway No.1. Sewer will be available and this development will
be required to participate in the cost for lift station, gravity
sewer and forcemain extension.
is
not
in
consistent
considered
the City
with
spot
which
Standard ~5 (district boundaries illogically drawn) - Boundaries
correspond with the developed lot lines and correspond with the
commercial designated areas along US Highway No.1.
Standard ~6 (changing conditions made rezoning necessary),
Standard ~7 (change adversely influence neighborhood), Standard
~8 (change creates increase traffic) and Standard *9 (change
creates a drainage problem) - These standards do not apply as
this is an existing use and this is an initial zoning situation.
Standard ~10 (light
development and have
conjunction with the
and air) - This standard pertains to site
been addressed through site plan review in
request for a water service agreement.
TO: PlanniloJ and Zoning Board
RE: Staff Report - Borton Volvo Annexation/Rezoning
Page 4
Standard #11 (property values) and Standard #12 (improvement of
adjacent properties) These standards are not negatively
affected. The development has eliminated a blighted area and may
promote improvement to adjacent properties.
Standard #13 (special
through this zonfng in
map and is compatible
and west,
privilege) - No such privilege is gained
that it is consistent with the land use
with commercial uses to the north, south
Standard #14 (property used with existing zoning), Standard #15
(change out of scale) and Standard #17 (sufficient evidence for
need of change) - These standards do not apply as this is an
existing use and the application is for initial zoning.
ASSESSMENT AND CONCLUSION:
The property is eligible for annexation and it is a City polidy
to annex whenever possible. The present site is requesting
voluntary annexation, as the City required of them as a condition
of a water service agreement. Since this project is eligible for
annexation, approval of this request with initial zoning of (SC),
(the only zoning designation which allows this use), seems
appropriate,
~
ALTERNATIVES:
1, Continue with direction,
2, Recommend approval of the Volvo annexation with initial
zoning of (SC) Specialized Commercial upon positive findings
with regard to the following:
a, A new enclave will not be created in that land which
will be isolated by this annexation is currently part
of an existing enclave. G.~"t-..I\'iJ an enclave is
an area which is surrounded by one municipali~y, The
additional unincorporated \>.ccllat which will be le-H-: _ is
contiguous to two municipalities (Delray Beach and
Gulfstream) thus by definition not an enclave.
., 1=his annexation' . only redefines the boundaries
of a current "enclave".
b. That service will be provided to the property in a
manner similar to that for similarly situated
properties which are already in the City.
TO:
RE:
Planni'
Staff .
Page 5
and Zoning Board
?ort - Borton Volvo ,Annexa _on/Rezoning
c.
That the proposed zoning
is consistent with the
(does not conflict) with
for evaluating rezoning
30-23(D),
of (SC) Specialized Commercial
adjacent zoning and complies
all of the seventeen standards
requests as found in Section
d. The proposed zoning is consistent (does not conflict)
with the existing County zoning of (GC) General
Commercial or the existing use (automobile dealership).
e, The proposed zoning is consistent (does not conflict)
with the City's Land Use Plan designation of (C)
Commercial for the property.
RECOMMENDED ACTION:
Alternative action #2,
~
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PLRNNING 8
CITY OF DELRAY
~ON I NG BOARD
BEACH
STAFF REPORT ---
MEETING DATE:
May 16. 1988
AGENDA ITEM:
III,S.
CONSIDERATION OF A CONDITIONAL USE REQUEST TO ALLOW A CHURCH WITHIN A
ITEM: COMMERCIAL BUILDING ON N,E, 1st AVENUE, NORTH OF ATLANTIC AVENUE
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GENERAL DATA:
Owner, . , , , , , , . , , . , , , , . , , , . , , . . , ,Lynclare Corp,
Agent, , . , , , , , . , , . . , . , , . , , , . , , . . ,David Gray
Location""",.,."."".,."..East side of N,E, 1st Avenue
between Atlantic Avenue and N,E,
1st Street,
Property Size................... .857 acres (37,350 sq.ft.)
City Plan Designation..""",.,Commercial
Existing Zoning::".,.."",.",CBD (Central Business District)
Adjacent Zoning"."."",."",CBD (Central Business District)
zoning surrounds the subject
property,
Existing Land Use,."...."."..Vacant Building
Proposed Land Use.,.".""".,.Church
J~
-
Water Service"."".""".".,Existing on site
Sewer Service".",.,."""".,Existing on site
ITEM:
gI.(
CITY COMMISSION DOCUMENTATION
FROM:
BARRY, CITY MANAGER
ACtDD'i~
DEPARTMENT' OF PLANNING AND ZONING
TO:
SUBJECT: PLANNING AND ZONING BOARD RECOMMENDATION TO DENY A
CONDITIONAL USE REQUEST TO ESTABLISH A CHURCH IN THE
C,B,D,
AGENDA ITEM
REGULAR MEETING OF JUNE 14, 1988
ACTION REQUESTED OF THE COMMISSION:
Acceptance of the Board's recommendation and action to deny
the requested conditional use.
BACKGROUND:
This request was made by the Bible Church of God which wishes to
locate in a part offbuilding located on the east side of N.E. 1st
Avenue, just north of Atlantic Avenue. The use, "churches", is
allowed in the C,B,D, zoning district but only as a conditional
use.
Attached is the Planning and Zoning Board I s staff report which
provides a full history on how this request evolved and the
myriad of considerations associated with it.
At the Board's pUblic hearing there were objections to the
granting of the request. These included:
a letter from a nearby property owner,
a letter from the D,D,A, recommending that the request
be denied,
a letter from the H,P.B. suggesting more appropriate
uses for the property in question,
a petition in opposition to establishment of a church
in the C,B.D.
a letter from the C.R.A. stating they did not support
the application at this time and that the proposed use
was not appropriate to the CBD zoning district.
To: Walter 0 larry, City Manager
Re: Planning ~ Zoning Board Recommendation to Deny a
Conditional Use Request to Establish a Church in the C,B,D.
Agenda Item
Regular Meeting of June 14, 1988
Page 2
PLANNING AND ZONING BOARD RECOMMENDATION:
At its meeting of May 16th, the Board held a public hearing on
this item, Based upon the testimony noted above and their own
opinions, the Board recommended denial in that the proposed use
is not appropriate in that it does not contribute to the
redevelopment of the Central Business District. The Board's
recommendation was unanimous,
RECOMMENDED ACTION:
By motion: Deny the requested conditional use which would have
allowed establishment of the Bible of Church of God as stated in
their application.
Attachment:
- Bible Church of God P&Z Staff Report of May 16, 1988
REF/DJK#22/B:CCBIBLE,TXT
-
....
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ITEM BEFORE THE BOARD:
The item before the Board is that of making a recommendation on a
request for conditional use approval to operate a 50 member
church within an existing 1,489 square foot build~ng. The
building is located on the east side of N.E. 1st Avenue just
north of Atlantic Avenue. There is no site plan associated with
this request,
BACKGROUND:
The property upon which the church is located is owned by
Lynclare Corporation, a Delray business. They obtained the
property in 1971. The property consists of Lots 3,4,5 and 6 of
Block 76 of the original Delray Subdivision, There are three
buildings on this property; each crosses an original lot line;
and, thus for land use purposes the holdings are considered as a
single lot,
In March, 1987, ~air Flair Beauty Salon leased the building under.
consideration and established itself as a user of the south part
of the building. In April, a sublease was agreed to by Lunclare
Corporation and the Bible Church of God occupied the north part
of the building.
On July 8, 1987, Code Enforcement Division issued notice of code
violations to the property owner of Lots 3 to 6 of Block 76 for
violation of Chapter 30, Section 30-13(B), "Non Permitted Uses"
and Chapter 30, Section 30-13(c), "Conditional Uses" (Case No,
9734), The owner has been operating a Contractor's office on Lot
(3), That use is not permitted within the CBD zoning district, He
was also leasing the building on lots 5 & 6 for a church use
which had not obtained conditional use prior to occupancy. These
violations went before the Code Enforcement Board on October 13,
1987, at which time a deferral was granted until December 8,
1987, in order to allow the alleged violations to come into
compliance by either obtaining proper approvals or vacating the
premises,
On December 8, 1987, the Lynclare Corporation was found guilty of
violating Section 30-13(A)&(B) and were directed to remove all
contractor's equipment which was located outside of a building
within 120 days and to submit for conditional use approvals
within 90 days from the date of the Board order (or face a $50.00
a day fine for each violation). SUbsequently, the contractor's
use was removed from the premises.
TO: Planning d Zoning Board
RE: Staff Report - Church of God Cbnditional Use Approval
Page 2
A conditional use application for the church use was submitted on
January 1, 1988, On January 11, 1988, a meeting was held with
the applicant and his submittal, which was inadequate, was
rejected. The applicant was informed he needed to provide
additional ~nformation, including a complete application and the
required fees. On February 22, 1988, a request was received from
the applicant for a waiver from the required fees, This request
was before the City Commission on March 8, 1988, It was not
approved, On April 1, a resubmittal was accepted by the Planning
and Zoning Department and is the petition before you.
REQUEST ANALYSIS:
The property has three building~, totaling 13,079 square feet,
located upon it, One houses a Goodwill store of 2,675 square feet
on Lot 6, another containing 3,100 square feet, houses a hair
salon along with the 1,789 square feet of church use which is the
subj ect of this request, This structure straddles Lots 5 & 6.
The third building is located to the north; straddles Lots 3,4
and 5; contains 7,447 square feet; and appears to be a tire
storage warehouse. Since the structures are built over lot
lines, they have created a situation whereby Lots 3,4,5 and 6 are
considered as a single parcel for land use and development
purposes. Thus, the Board may view the conditional use request
under the most appropriate of the fOllowing scenarios (with
respect to analysis of the specific use):
a) as use of an existing building, the extent of which is
such that no significant impact will be experienced;
thus, significant site improvement is not necessary;
b) as use of an existing building, the extent of which is
such that some site improvements are appropriate; or
c) as use of an existing building upon a site which is
substandard with respect to development improvements
and thus, conditional use should be granted only upon
upgrading of the entire site.
(See a later portion of the report, "Assessment", where there is
more discussion regarding the implications of proceeding under
each these three scenarios.)
TO: Planning 1 Zoning Board
RE: Staff Report - Church of God Conditional Use Approval
Page 3
Existinq Conditions:
The conditional use request is to accommodate a fifty member
church which anticipates meeting on Thursday nights at 6:30 p,m.,
Sunday at 9:30 a.m.; 11:00 a.m" and 6:30 p,m.. At present, the
Church has a following of approximately twelve members,
Since it was evident that the applicant does not have the
authority to improve the total site, nor probably the ability to
do so, a formal site plan was not required as a part of the
submission, However, a site survey and building layout was
required so that existing conditions could be determined,
The property upon which it is to be located is nonconforming in
several ways including:
a) there are two buildings which violate front yard.
setbacks along N.W. 1st Avenue;
b) off-street parking areas are not improved with respect
to paving, landscaping, delineation of spaces;
c) the site is void of groundcover, trees, and perimeter
landscaping (with the exception of a potted tree in
front of the church site);
d) there is a chain link fence along the 1st Avenue street
frontage.
e) the northerly most building is in disrepair, the awning
on the specific building under consideration is in
disrepair.
If conditional use approval is
improvements (if any) need
modifications may need to be made
the category of "assembly" usage.
granted, not only will on-site
to be provided; but some
to the structure to accommodate
TO: Planning j Zoning Board
RE: Staff Report - Church of God Cbnditional Use Approval
Page 4
Use Analysis:
Looking at just the proposed use itself we need to
criteria found in Section 30-21(D) "Standards for
Conditional Uses",
apply the
Evaluating
Standard #1 (ingress and egress) - The building fronts and
is accessed from N.E, 1st Avenue, but there is no vehicular
access from N.E, 1st Avenue as a 6' fence exists adjacent to
the sidewalk, The most convenient parking is on street
allowing pedestrian traffic to enter the building directly
from the sidewalk adjacent the street. Access to an
unimproved parking area at the rear of the building is
gained through a 16' improved alley, While adequate access
exists, there is a concern with respect to its relationship
to parking which is addressed under the next standard.
Standard #2 (off street parking and loading area). Although.
no improvements for off-street parking are proposed, the
request does not pose a violation of parking requirements.
Section 30-13(I)(3) of the CBD Zoning District, requires one
parking space for every 300 square feet of new floor area,
New uses are allowed to occupy an existing structure without
providing any parking, If the property were located in
other than the CBD, the new use would be required to provide
six spaces. If the total property were brought up to the
CBD parking standard, 44 spaces (13,231 square feet divided
by 300) would be required,
Nineteen street spaces exist along the east side of N,E. 1st
Avenue from the southern border of the Goodwill store to the
corner of N. E. 1st Street. An additional 26 on street
parking spaces exist on the west side of N, E. 1st Avenue,
from Atlantic Boulevard north to the corner of N. E, 1st
Street. It may be argued that since the proposed hours of
operation for the church are Tuesday nights at 7: 30 p.m.,
and Sunday at 9:30 a,m" 11:00 a,m., and 6:30 p.m.,
together with a limitation of the requested 50 person, that
there will be no impact. However, one may also argue that
the use must avail itself of off-street parking and that the
parking area which does exist is substandard and, hence,
unsafe, This latter reasoning would lead to the imposition
of a requirement that the parking area be improved Le.
paved, striped, landscaped.
TO: Planning i Zoning Board
RE: Staff Report - Church of God Conditional Use Approval
Page 5
Standard # 3 (refuse and service area) - Refuse or service
areas are not shown. Inside bagging and curb side pick up
appear to be taking place.
Standard
currently
church,
#4 (Utilities) Water and sewer service is
provided to the structure which will house the
Standard #5 (screening and buffering) The property
contains no landscaping with the exception of a potted
Hibiscus tree along N.W. 1st Avenue. Landscaping and
screening is not required, by code, in the establishment of
this use, However, it has been a policy of the City to
require upgrading of property and compliance with
landscaping regulations whenever possible, Imposi tion of
the upgrading policy may be highly appropriate since this
property is located within the Old School Square Historic
District, See the . "Assessment" section regarding.
alternative resolution of this situation.
Standard #6 (signs and proposed exterior lighting) - No
lighting is proposed, Two signs exist on the building.
Standard #7 (required setbacks met open space) The
building within which the hair salon and church use are
located has a front yard setback of two to five feet. The
front setback is required to be 10' minimum, thus the
structure is nonconforming. Section 30-24(D)(1) allows a
structure to continue in nonconforming status provided it is
not altered or enlarged in any way which increases its
nonconformity,
The Goodwill store on Lot 6 is nonconforming with respect to
it's (street) side setback which is two feet but is required
to be ten feet,
Standard #8 (General compatibility with adjacent properties)
The proposed use of a church is generally not compatible
with the intent of the CBD regulations - even though it is
listed as a conditional use. Generally it is desired that
uses in the CBD attract people to the downtown area e, g,
retail uses, In some cases a church would accomplish this,
particularly when the church facility is of such size that
accommodates other uses; or when the church facilities (e.g.
parking) are available for other downtown uses, Neither of
these situations apply with respect to this request,
TO: Planning j Zoning Board
RE: Staff Report - Church of God Conditional Use Approval
Page 6
However, with respect to the current state of affairs along
N.W. 1st Avenue, allowing the church to occupy the building
does present a street image of the property being put to
use. The building has recently been painted, and with the
exception of the awning, it does put forth a good image, If
the building is not allowed to be occupied by other than
"permitted" uses, it may detract from the streetscape if,
indeed, it becomes vacant, Note that the current lease on
the building is of a two year duration.
The proposed use does not detract from the current land use
mix in the immediate area,
Standard #9 (height of bUilding) - This standard does not
apply as the proposed conditional use will occupy an
existing building which conforms to the height regulations.
Standard #10 (economic effects on adjacent property) - While.
there . is no immediate impact upon adj acent property, the
property is within an area prime for redevelopment. As
such, other groups involved with the area have, or will,
provide comments,
The property is located within the Old School Square
Histor ic District, As such it is necessary tha t a
"Certificate of Appropriateness" be granted by the Historic
Preservation Board, The Historic Preservation Board reviewed
the conditional use request on April 14, 1988, and at that
time had no objections (at that time the Board has not yet
perfected its proceeds regarding C,O.A.sl. The Board
reconsidered this request at its meeting on May 12th and may
present additional comment at the public hearing,
Upon initial review, the CRA requested additional
information before they felt they could comment. Additional
information has been sent along with the o.riginal
application material. However, the CRA Board will not meet
again until May 18th - subsequent to the Board - s public
hearing,
The DDA, by letter of May 9th, has recommended that the use
be denied in that the DDA is "looking for businesses that
will bring people to our downtown every day of the week and
will be compatible to the business conununity". The DDA also
cited the potential of the O,S,S. project becoming a reality
soon.
One property
objection to
reasons,
owner who received
the establishment of
notification
the use for
voiced
similar
TO: Planning d Zoning Board
RE: Staff Repurt - Church of God Conditional Use Approval
Page 7
ASSESSMENT:
The apparent impact of the proposed use, a church limited to a
fifty member congregation, is minimal from the perspective of
what exists today, . Allowing the use will provide the lessee of
the building with revenue and a reason to keep the premises in
good repair. Assuming that the awning is replaced, the building
and uses would not detract from the streetscape.
However, when considering that the property is in a redevelopment
and is nonconforming in several respects, it may be argued that a
conditional use should not be permitted until and unless the
property was brougpt up to standards -- if not full standards, at
least to the extent that some improved parking and landscaping
areas are provided. In this particular situation, since the
property owner is not directly involved in the petition it is
unlikely that the applicant (the church) will be able to comply
with such requirements - not only because of funds but because of'
its limited interest (two year sublease) in the property,
-Another perspective is that a conditional use should only be
approved if it is contributing to the long-term redevelopment or
enhancement of the area. In this case, comment from DDA and the
analysis provided above indicate that the proposed use does not
make such a contribution.
The position taken by the Historic Preservation Board is of prime
importance since they must grant a C.O.A, for the project to
proceed.
ALTERNATIVE COURSES OF ACTION:
1, Recommend denial in that it is felt the proposed use in
not appropriate in that it does not contribute to the
lre)development of the CBD,
2, Recommend denial in that the property upon which the
use is to be located is substandard and nonconforming
and ..tha t such a conditional use should be approved only
if there are improvements to that portion of the site
which directly impacts the church e. g. paved parking
for safety purposes, enhanced access to the building
for the safety of individuals after they park their
car.
TO: Planning d Zoning Board
RE: Staff Repv~t - Church of God Conditional Use Approval
Page 8
3, Recommend denial in that the property upon which t'he
use is to be located is substandard and nonconforming
and that the property should be upgraded and brought
into conformity prior to granting of any special
developmeRt permission.
4, Recommend denial based upon any combination of the
above points,
5. Recommend approval with a condition of approval being
replacement of the awning (replacement requires HPB/CDB
action) in that it is felt it is better to have a use
in the building and the building kept in good repair
rather than, through non-use, create the potential for
any eyesore on the street. Another condition of
approval would be that the use continue only for the
period of its existing sublease and/or the primary
lease (March, 1989).
6. Continue in order to allow the HPB to formally act upon
a C.O.A"
This course of action is not recommended in that it may
be more appropriate to dispose of this item at the P &
Z level now. If the HPB does not grant a C.O.A., the
item cannot be approved unless an appeal is granted by
the City Commission. If that procedure is followed, it
would be appropriate to have the P & Z recommendation
before the Commission concurrently. If the HPB grants
a C.O.A" then the item would proceed to the Commission
without having to come before the Board again.
(Note: In future situations, it is hoped that the HPB
action on the C,O.A. will precede the P & Z action.)
RECOMMENDED ACTION:
Any of the first five courses of action described above can be
followed, As to which is recommended is a matter of assessing
policy considerations which have not heretofore been before the
Board so that a track record has been established, Thus, there
is no staff recommendation.
REF/PDMAY16/B:CGODSR,TXT
CITY COMMISSION DOCUMENTATION
TO:
GJER 0, BARRY, CITY MANAGER
L L < 1,\YouCoCJ
~~~Ads, DIRECTO~
DEPARTMENT OF PLANNING AND ZONING
FROM:
SUBJECT: PLANNING AND ZONING BOARD RECOMMENDATION TO AMEND THE
ZONING CODE WITH RESPECT TO TIME LIMITATIONS TO
CONDITIONAL USE AND SITE PLAN APPROVALS, AND RELATED
MATTERS
AGENDA ITEM
REGULAR MEETING OF JUNE 14, 1988
ACTION REQUESTED OF THE COMMISSION:
Acceptance of the Board I s recommendation, direction to the
City Clerk to prepare an enacting ordinance, and direction
to notice a public hearing for first reading to be held on
June 28th.
BACKGROUND:
This subject was brought to the Board's attention through
direction from the City Commission (Commissioner comments at the
conclusion of a regular meeting). The motivation behind the
request was to provide an automatic "sunset" for site plan and/or
conditional use approvals when the project was not diligently
pursued. While amending the affected sections of the zoning
code, it provided an opportunity to further amend them in order
to resolve related matters. These included:
definition to the term "improvements" when determining if a
project is established; and,
establishing a "sunset" prov~s~on for site plans and
conditional use approvals which have already been granted,
The proposed amendment was formally initiated by the Board at its
meeting of April 18, 1988.
/4-
To: Walter Barry, City Manager
Re: P&Z Boa~~ Recommendation to Amend the Zoning Code with
Respect to the Limitation to Conditional Use and Site Plan
Approvals and Related Uses
Agenda Item
Regular Meeting of June 14, 1988
Page 2
PLANNING AND ZONING BOARD RECOMMENDATION:
At its meeting of May 16th, the Board held a public hearing on
this item. There was no public comment, The Board unaminously
recommended approval of the proposed amendment. See the attached
staff report for the text of the amendments.
RECOMMENDED ACTION:
By motion: Acceptance of the Board's recommendation and
direction to prepare an ordinance and advertise for hearing as
stated in the initial paragraph, above,
Attachment:
Time Limitation P&Z Staff Report of May 16, 1988
REF/DJK#22/B:CCTIME,TXT
M E M 0 RAN DUM
S T A F F
R E P 0 R T
TO: PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
SUBJECT: AGENDA ITEM III.F,
REGULAR MEETING OF MAY 16, 1988
PROPOSED TEXT AMENDMENT RE TIME LIMITS ON SITE PLAN AND
CONDITIONAL USE APPROVALS
ITEM BEFORE THE BOARD:
At its meeting of April 18, 1988, the Planning and Zoning Board
formally initiated an amendment to the zoning code in order to
establish an automatic termination date for conditional use and
site plan approvals.
The subject matter of such an ordinance is now before the Board
,for a public hearing. After the Board completes its deliberation
of this matter and forwards a recommendation as to the substance
of the matter to the City Commission, a formal ordinance will be
drafted.
The zoning code sections which are under consideration are:
30-21-(E) CONDITIONAL USE APPROVAL - TIME LIMITATIONS, and
30-22-(E) SITE AND DEVELOPMENT PLAN APPROVAL - TIME
LIMITATIONS.
The text of each code section is currently identical,
PURPOSE OF THE PROPOSED AMENDMENTS:
The purpose of the proposed amendments is to establish an
automatic time limitation on the approval of conditional use and
site plan approvals. Since we are making an amendment to the
above sections it is also appropriate to make other amendments
which aid in the administration of this section of the zoning
code.
~F
To: Plann' and Zoning Board
Re: Agenda Ltem III.F
Regular Meeting of May 16, 1988
Proposed Text Amendment Re Time Limit on
Site Plan and Conditional Use Approvals
Page 2
PROPOSED AMENDMENTS:
Notes:
The proposed amendments apply to Sections 30-2l-(E} and
30-22-(E},
The current text for Subsection (l) through (2)(c}(3) are
attached.
(l) Delete in its entirety and replace with the followinq:
"Upon approval, or approval sUbject to conditions, by the
City Commission the (conditional use) (site and development
plan) shall be valid for a period of eighteen (18) months
during which time the (conditional use) (site and
development plan) must be established. Not withstanding the
above, the City Commission may establish a different tirrte
limitation if it deems such an action appropriate, '
A (conditional use) (site and development plan) shall be
deemed established when either:
(a)
a Certificate of
property pursuant
development plan}
Occupancy is issued
to the (conditional
approval; or,
for the use
use) (site
of
and
(b) at least twenty-five percent (25%) of the total cost of
all public improvements (water mains and appurtences,
hydrants, sewer mains and appurtences, drainage
devices, and streets) associated with the approval have
~een installed and the project continues to be
1 diligently pursued to its completion,"
Add to (2}(c}(2) as a second paragraph:
"As a part of the review and approval process, the
(conditional use request) (site and development plan) shall
be assessed with regard to the then current development
regulations of the. City, including but not lim~ted to:
subdivision regulations, supplemental zoning regulations,
sign code, landscaping code, historic preservation
requirements, community appearance code, utility standards,
and in lieu and impact fees. And, shall comply with such
current requirements.
~
To: Plann' and Zoning Board
Re: Agenda Ltem III,F
Regular Meeting of May 16, 1988
Proposed Text Amendment.Re Time Limit on
Site Plan and Conditional Use Approvals
Page 3
Add a new subsection (3), as follows:
(E)(3) In the event that a (conditional use) (site and
development plan) has been approved without a time
limitation imposed upon it, said (conditional use) (site and
development plan) shall expire on June 1, 1989, unless a
request for extension is properly submitted to the Planning
Director, pursuant to Subsection (E)(2), above. In the
event that a request for extension is properly submitted,
sa~d request shall be processed pursuant to Subsection
(E)(2) and action taken appropriately,
OTHER CONSIDERATIONS:
While reviewing this
appropriate to make
worthwhile. One such
action on extensions
Commission involvement
being allowed by the
Commission,
portion of the zoning code, it may be
other changes which are felt to be
item may be to grant the authority fdr
to Planning and Zoning Board with City
only on an appeal basis -- with appeals
petitioner or by a member of the City
Upon completion of the public hearing, the Board should formulate
its recommendation to the City Commission and follow a course of
action which it feels is most appropriate.
Alternative Actions:
1.
Forward a recommendation
pursuant to the proposed
this staff report,
to amend the zoning code
text amendments contained in
2,
Forward a
the above
the Board
recommendation incorporating, or modifying,
along with additional considerations which
feels are appropriate,
3, Continue with direction.
RECOMMENDED ACTION:
By motion, forward a recommendation to the City Commission that
Code Section 30-21-(E) and 30-22-(El be amended pursuant to the
text amendments as proposed in this staff report i.e.
- deletion
- addition
- addition
and rewriting of (E)(l)
to (E) ( 2) (c) ( 2 )
of a new Subsection (E)(3),
Attachment:
Code Section 30-2l-(E)
'it
f
CITY COMMISSION DOCUMENTATION
FROM:
\j"~~R 0, BARRY, CITY MANAGER
~ I,=, \ J J, VoUQe.L-
D~dvACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
TO:
SUBJECT: INITIATION OF LAND USE PLAN AMENDMENT ON CITY OWNED
PROPERTY AT MIRAMAR AND VENETIAN, "P" TO "RM-15"
AGENDA ITEM
REGULAR MEETING OF JUNE 14, 1988
ACTION REQUESTED OF THE COMMISSION:
initiation of a land use plan amendment on City
owned land
BACKGROUND:
At the time action was taken to remove the Miramar/Venetian site
from consideration as a site for Fire Station Jl2 there was a
general thought that the proceeds from the sale of the site would
be applied to offset increased costs which are anticipated at
the Andrews Avenue site.
In order to sell the property, it will need to be properly
designated for mUltiple family development on the Land Use Map,
Because a density of greater than five units is involved, the
amendment requires full State review. Considering this review,
it is anticipated that the associated administrative processes
could be completed by the end of this calendar year,
During the processing of the Land Use Map amendment, the land
sale can be pursued and a site/development plan can be
accommodated, By coordinating the land sale and required plan
amendment processing, a reasonable closing may be realized.
In order to complete the plan amendment process in 1988, the
proposed amendment must be formally initiated at this time,
,/
I~
To: Walter Barry, City Manager
Re: Initiat.~n of Land Use Plan Amendment on City Owned
Property at Miramar and Venetian, "P" to "RM-15"
Agenda Item
Regular Meeting of June 14, 1988
Page 2
The property which the City owns is approximately 45,000 sq,ft,
in area and under ~he RM-15 plan designation could accommodate
up to fifteen units,
RECOMMENDED ACTION:
By motion, initiate a Land Use Plan Amendment to change the
designation from "P" to "RM-15" on City-owned property at Miramar
and Venetian.
RECOMMENDED ACTION:
Commission discretion and direction,
REF/DJK*22/B:CCPLANAM,TXT
CITY COMMISSION DOCUMENTATION
TO:
~~ER O. B'fRl,.CITY. MANAGER
- Q ~J,ck'C)uai~1.
D D J~OVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM:
SUBJECT: MEETING OF MAY 24, 1988
INITIATION OF ACTIVITY TO SELL CITY OWNED LAND AT
MIRAMAR AND VENETIAN
DATE:
MAY 18, 1988
ITEM BEFORE THE COMMISSION:
The item before the Commission is to formally initiate actions to
sell City owned property. The property involved is located at the
southeast corner of Miramar and Venetian, It is slightly over
one acre in size. It was purchased for the purpose of siting
Fire Station #2, Subsequently it has been determined that the
siting of Fire Station #2 will occur elsewhere, A part of the
decision to place the fire station elsewhere was predicated upon
the sale of the property before the Commission allocation of
receipts to the cost of fire station construction,
Attached is a copy of the referendum question from 1969 in which
authorization was given to expend public funds for the purchase
of land and construction of fire stations, Because of the
limitations of that referendum the receipts of sale can only be
used for construction of the fire station proposed north of
Atlantic Avenue, Thus it is imperative that a sale be effected
as soon as is practical.
RECOMMENDED ACTION:
By motion, direct the City Manager and City Attorney to take
appropriate steps to effectuate the sale of City owned property
located at the southeast corner of Miramar and Venetian and
authorize the expenditure of funds for that activity.
Attachment:
- copy of 1969 referendum question
REF/DJK#20/B:CCSELL.TXT
J{,
~.
.
. .
.
RESOLUTION NO. 47-69.
II
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH PROVIDING FOR THE CERTIFICA-
TION OF THE RESULTS OF THE BONO REFERENDUM
HELD IN AND FOR THE CITY OF DELRAY BEACH ON
THE 2nd DAY OF DECEMBER, 1969.
WHE~EAS, a bond referendum was held on the 2nd day of December,
1969, pursuant to .Ordinance No. 40-69, and
WHEREAS, the duly appointed and acting Clerk and Inspectors of
the election hdVe presented to the City Council the certified re-
sults of said election, and
WHEREAS, the City Council of the City of Delray Beach has as-
sembled together on this 4th day of December, 1969, for the purpose
of canvassing the election returns, and certifying the results.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That upon the canvass of the election returns as
presented to it by the certification of the Clerk and Inspectors
of the election, the City Council finds:
(a) That 1728 registered electors, who are owners
of freehold not wholly exempt from taxation, voted
5S follows on the followinq issues:
PROPOSAL NO. 1 - FIRE HOUSES & EQUIPMENT
Shall the City of Delray Beach, in Palm Beach County,
Florida, issue $440,000,principal amount of qeneral
obliqation bonds of said City bearinq interest at'not
exceedinq the maximum ~eqal rate of interest at the
time of the sale of said bonds, maturinq not later
than twenty-five years fr~m the date of issuance there-
of, payable from ad valorem taxes levied on all taxable
property in said City without limit. as to rate or amount
for 'the purpose of financ.in~l the cost of the construction
and acquisition of. new firehouses in the beach area, and
in the south area of the City, and the acquisition of
fire equipment, includinq au aerial platform fire truck
. with snorkel and two pumper fire trucks, ..toqether with
any other purposes appurten1nt or incidental thereto,
as more specifically described and provided in the
ordinance of the City Cou~cil of said City adopted on the
24th day of October, 1969?
YE13
NO
1275
453
j.,
\11..'1, V<
(b) That 1637 reqistered electors, who are owners
of freehold not wholly exempt from taxation, voted
as follows on the followinq issues:
PROPOSAL NO.2 - STORM DRAINAGE.
Shall the City of Delray Beach, in Palm Beach County,
Florida, issue $1,450,000 principal amount of general
obligations bonds of said City bearinq interest at not
exceedinq the maximum leqal rate of interest at the
time of the sale of said bonds, maturinq not later than
twenty-five years from the date of issuance thereof,
.-._J
,';;;';;.'~=-:.-::---~'--~::::---. ...
-t
>G--
. .
~
Page 2. ResOlution No. 47-69.
payable from ad valorem taxes levied on all taxable
property in said City without limit as to rate or a-
mount for the purpose of financing the cost of the
construction and acquisition of a storm drainage sys-
tero for an area of approximately 480 acres in the
City bounded generally by Atlantic Avenue, Southeast
Fifth Avenue, South Tenth Street and the Seaboard
Coastline Railroad, together with any other purposes
appurtenant or incidental thereto, as more specifi-
cally described and provided in the ordinance of the
City Council of said City adopted on the 24th day of
October, '];9691
II
YES
NO
1175
462
i\.
\VI">
Cc) ....That 1671 registered electors, who are . owners
of freehold not wholly exempt from taxation, voted
as follows on the following issues I
PROPOSAL NO. 3 - WATER TREATMENT PLANT
Shall the City of Delray Beach, in Palm Beach County,
Florida, issue $2,260,000 principal amount of general
obligation bonds of said City bearing interest at not
exceeding the maximum legal rate of interest at the
time of the sale of said bonds, maturing not later
than twenty-five years from the date of issuance there-
of, payable from ad valorem taxes levied on all taxable
proper~ in said City without limit as to rate of amount
for the purpose of financing the cost of the construc-
tion and acquisition of a water filtration and treatment
.plant for the Ci~ water system, together with any other
purposes appurtenant or incidental thereto, as more spe-
cifically described and provided in the ordinance of the
City Council of said City adopted on the 24th day of
I
Oetober, 19691
'.
YES
NO
1224
447
It. '\ \
SECTION 2. '!'hat the City Council ot. the City of Delray Beach
does hereby certify the tabulations and l':esUlts of the bond elec-
tion held in and for the Ci~ of Delray r.each on the 2nd day of
December, 1969, as hereinbefore set fort~'..
SECTION 3. That this :r:esolution am. its c;Qntents be spread
upon the minutes of the meeting.
PASSED AND ADOPTED hy the City COllndl of 1:11e City of Delray
Beach, 'Florida on this the 9th day of December, 1969.
/" ..}
8!;. . /
- ,,;.
'. " ." .
/ '--H.A (..vo-cLc.. L.."l
.' WAYOR \
ATTEST I
~ ~~L':'/~~
/':"':i?:- -~-~ <':/:...-7
C.-:ty_ Clerk ./
-
[ITY DF DELRAY BEA[H
100 N.W. 1st AVENUE
DELRAY BEACH, FLORIDA 33444
305/243.7000
MEMORANDUM
TO: Walter O. Barry, City Manager
FROM:
Robert' A. Barcinski, Assistant City Manager/~
Management Services,
,
SUBJECT: DOCUMENTATION CITY COMMISSION MEETING _
JUNE 14, 1988 - LEASE AGREEMENT-CASON COTTAGE/
HISTORICAL SOCIETY AND OLD SCHOOL SQUARE.1 r'
FDtnT~\PJON"'
DATE: June 6, 1988
Item Before City Commission:
City Commission is requested to approve a lease agreement
with the Delray Beach Historical Society and. the Old School
Square Foundation for the lease of the Cason Cottage and to
authorize additional funding of up to $10,000 for additional
improvements as contained in the lease. Funding to come
from the Sale of Land Fund.
Background:
As directed by the City Commission at its Workshop on May
17, 1988, the City Attorney has prepared a lease agreement
with the Delray Beach Historic Society and Old School Square
Foundation for the use of the Cason Cottage. The lease cost
is $1.00 per year, this is a ten (10) year lease with a ten
(10) year renewal option and requires the leasee to pay all
utilities and keep the building and grounds in good condi-
tion. It also states that the City and Leasee will split
equally the additional costs for a security system, sign,
lighting, parking lot, landscaping and irrigation, not to
exceed a total cost of $20,000, ($10,000 City share). This
amount is in addition to the $34,000, previously committed
for renovation of this structure. Attached is a copy of the
proposed lease agreement, memorandum from Lula Butler dated
May 13, 1988 and other background letters.
Recommendation:
Staff recommends approval of the lease agreement as pro-
posed.
RAB:sk
cc: Lula Butler
Frances Bourque
attachment
THE EFFORT ALWAYS MATTERS
1'7
CITY COMMISSION: MODIFIED DRAFT WILL BE AVAILABLE ON MONDAY.
CITY COMMISSION DOCUMENTATION
FROM:
~ER 0, BARRY, CITY MANAGER
~~~J~nD~Cf;-
DEPARTMENT OF PLANNING AND ZONING
TO:
SUBJECT: REQUEST FOR A WAIVER OF' PROCESSING FEES, RAINBERRY BAY
AGENDA ITEM
REGULAR MEETING OF JUNE 14, 1988
ACTION REQUESTED OF THE COMMISSION:
- a waiver of processing fees in the amount of $165
BACKGROUND:
Attached is a letter from Jerry Turner & Associates in which he
requested a non-impacting site plan modification and as a post
script, a waiver of processing fees since the work is funded by
the homeowners of Rainberry Bay.
The non-impacting site plan modification has been processed and
approved,
There are no policies regarding when processing fees can be
waived nor is there a delegation of such authority; thus, each
such request is referred to the Commission for a decision,
Fees have been waived for public agencies and when projects which
are of special import the City (e.g. Community Day Care Center,
Primitive Baptist Infant Care Center) have been processed,
Waivers have been denied for standard projects even though they
may apply to what is generally considered a community based
organization (e.g. Bible Church of God conditional use request).
There is no record (in the past year) regarding homeowner
association requests except the standard practice that normal
fees are assessed and collected.
RECOMMENDED ACTION:
commission discretion and direction,
Attachment:
- Letter of May 5th from Jerry Turner & Associates
REF/DJK~22/B:CCWAIVER,TXT
J<g
LANDSCAPE ARCHITECTURE. PLANNING. ENVIRONMENTAL DESIGN
JERRY TURNER & ASSOCIATES.
OF FLORIDA. INC.
2~ SEABREEZE AVE.
OELRAV BEACH, FLORIDA. 33444
30S.276-Q4S3
May 5, 1988
Mr. David Kovacs
City of Delray Beach
Plannin9 Department
100 Northwest First Avenue
Delray Beach, Florida 33444
1 '--~-.
'-1'. ."C..,.
..,r ,
o ..'r"
t ./,
.#1 '
./.
." .
"
'-~ ~~J--
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'~:i
c c_
/LL
Dear Mr. Kovacs,
I am writing to request that you review and approve the enclosed
plans for the improvement of the existing landscaping and signage
at Rainberry Bay as a non-impacting site plan modification.
The scope of the improvements will include the removal and replace-
ment of the existing signs and landscaping at the NW and NE corners
of Lake Ida Road and Rainberry Blvd. The new sign will consist of
reverse channel, backlit by neon, letters placed on (2) two new
7' high by 20' long concrete block l'andscape wall s. The location
of these signs ts indicated on the enclosed plans. The proposed
landscaping will be as indicated on these plans.
We feel that these are much needed and desirable improvements and
that they will qualify as a non-impacting site plan modification.
If you have any comments or questions, please feel free to call
this office anytime. Thank-you for your time and cooperation.
Sincerely,
~'7~~~_ ~_
Debora Turner Oster, ASLA
Vice-President
DTO: kt
Enclosure
cc:
Mr. Ben ~!arl'err--
Ra.in-bel'f"y Bay Master Association
P. .
As this prOject is being funded by the homeowners of Rainberry
Bay we respectfully request that the fees for this modification
be waived,
~//
...---
--------------
MEMBERS - AMERICAN SOClE1'V-OF.LANQSCAI"E_ARCHITECTS'AND AMERICAN INSTITUTE OF CERTIFIED PLANNERS
---
CITY COMMISSION DOCUMENTATION
TO:
(W\TER 0, . BARRY, CITY MANAGER
. ~\ j~ \JJJ.lauQC~
~I~KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM:
SUBJECT: REQUEST FOR WATER SERVICE, HARDRIVES, INC,
AGENDA ITEM
REGULAR MEETING OF JUNE 14, 1988
ACTION REQUESTED OF THE COMMISSION:
approval of a specialized water service agreement for
Hardrives, Inc, The specialized aspect is that the
requirement for annexation is deleted as is the requirement
for future development to be pursuant to City development
regulations,
BACKGROUND:
Attached is a letter from Paul Wolfe on behalf of Hardrives,
Inc., in which he has submitted an application for a water
service agreement. Hardrives is under notice to connect to a
central water system pursuant to County Environmental
Regulations, They have appealed to the the Environmental Review
Board for relief from making such a connection. The Board has
granted a stay so that Hardrives can seek water service from the
City -- the Board's action was on a 3-2 vote with the minority
stating their support for an outright waiver of the connection
requirement,
The City policy regarding provision of water to outside users is
that if a property is contiguous annexation shall be pursued in
lieu of the water service agreement, Or, if time is of the
essence, an agreement can be executed provided that an annexation
petition is in hand,
In this situation, Hardrives does not wish to be annexed to the
City for fear that, once annexed, the property may be placed in a
non-industrial zoning district and the current use made
nonconforming. Safeguards against this occurring are first, the
land use map designation of Industrial which presently exists,
/q
-.
-
"
l'
To: Walter Barry, City Manager
Re: Request for Water Service, Hardri1es, Inc,
Agenda Item
Regular Meeting of June 14, 1988
Page 2
and second, that an Industrial zoning designation would be
applied upon annexation. Notwithstanding these safeguards,
Hardrives is not amiable to annexation. Ironically, the type of
assurance which 'Hardrives is seeking (i.e. guaranteed
continuation of use) is provided through the Delray Beach Enclave
Act; however, the Hardrives holdings were excluded from the
provisions of that Act,
Given this situation, the following courses of action are
available to the Commission:
a) Grant the request as made by Hardrives "..,.
.", this action would remove any ability of the City
to seek annexation, except totally voluntarily, at any
future date,
b) Deny the request and seek support from the
Environmental Review Board to require connection to
central water pursuant to the normal terms (including
annexation) of a standard water service agreement '"
"," this action may, or may not, result in requiring
annexation at this time,
c) Deny the request without further comment "','
.." this action would allow Hardrives to continue with
its appeal before the Environmental Review Board and to
present a case wherein the water supplier has refused
to allow connection. Further, it keeps future options
open in that if a new use is established and additional
water services are necessary, connection may be
required.
RECOMMENDED ACTION:
Commission discretion and direction.
Attachment:
- Letter of May 26th from Paul Wolfe of Jones & Foster
REF/DJK#22/B:CCHARDWS.TXT
c: Paul Wolfe
Bob Pontek
[ITY DF DElRAY BEA[H
f
\
1 (l () r ~ 'l'J 1',' /\ \II f., ( ) i
I'~ :,1,,\,>, iJ,I/\UI f-Lnllll),\ J:H..J.1
J05?7R-2841
May 31, 1988
Mr. Paul C. Wolfe" Esq,
Flagler Center Tower
505 South Flagler Drive
P.O. Drawer E
West Palm Beach, FL 33402-3475
SUBJECT:
HARD RIVE WATER SERVICE APPLICATION
Dear Mr. Wolfe:
I wish to inform you the application package you sent to my
attention was directed to the Planning and Zoning Department for
subsequent processing, This is standard practice to assure
coordination with the various reviews and placement before the
City Commission for their final approval.
Since you suggested some adjustment to the
language, your particular application was also
attention of the City Attorney - Herb Thiele.
with approval and we anticipate this matter
toward approval if acceptable to the City
Commission,
standard form
directed to the
I trust this meets
will move forward
Attorney and City
RECEIVED
of Public Utilities
JUN 0 1 1988
RSP:smw
PLANNING
cc: Walter 0, Barry, City Manager
Herb Thiele, City Attorney
Dave Kovacs, Director Planning & Zoning
COUNHL
WlLUUI A.I"OITEIII
LAAAY .. ALIXANOEA
OEOfIIQI H.I.AlLEY
I((VIH C. IEtJn'EHWULLEA
WlCHAI:L D. II'DWN
WAAOAIIET L. COO"'A
fllElICCA Q. DOANI
L. WNlTINLf1...ANAGAH
ICOn O. HAWlCINI
THQIIlHTON M. HENIIIY
HTEA S. HOlTON
t.WUC'e.lCI.ElNnLD
CHNlLEI e. KOVAL
WlCHAEL T. ICIWa
JOHN '1...fMII WaCAACKlN
TIWOTHY I. MONAGHAN
ANDREW It AOI8
STEVEN J. "OTHMAN
I'fTtA A. IACH,
JOEL T. IllI:AWH
"DNfY A. ITV.... JA.
ALLEN A. TOfr.lLINIOH
JOHN .. TAIM~A
WICHAEL ... WALSH
NOHTV A. WAAAEN
TIMOTHY L, WHALfH
"AUL C. WOlFE
JONES &: FOSTER, P.A.
ATTORNEYS AND COUNSELORS
FLAGLER CENTER TOWER
505 SOUTH FLAGLER DRIVE
ELEVENTH FLOOR
P. O. DRAWER E
WEST PALM BEACH, FLOR'DA 334a2-3415
(305) 859-3000
FAX: (305) 832.1454
OTHEA LOCATION
", S.. '", STAEtT. SUITE 101
DEL""Y 8EACH. 'LOfUOA Uw4
May 26, 1988
.,,' ........\
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...:;:...,.
....:/'
Mr. Bob Pontek
Director of Public Utilities
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Dear Mr. Pontek:
Enclosed please find an Application for Water Service Agreement,
together with a completed executed Agreement for Water Service by
George T. Elmore, as Trustee, the title holder of the Hardrives
property,
Please notice that we have deleted the references to annexation and
to the City ordinances.
We would like to have the City's water service, but are not agreeable
to annexation under the present circumstances,
You have indicated that you would present such an application to
the City Commission to see if they would accept it.
We will await your advices.
Very truly yours,
JONES & FOSTER, P.A,
\f1
PAUL C.
PCW/ch
cc: Mr. George T. Elmore
DEPARTMENTAL
CORRESt-ONDENCE
[ITY DF
DELRAY BEA[H
~~(i
TO Walter 0, Barry. City Manager
THROUGH: Robert A. Barcinski. Assistant City Manager
FROM Kendra Wynn Graham for Ted Glas. Purchasing Dir.
SUBJECT Bids on a 2.300 - 2.500 Gallon Tanker. Bid #88-59
DATE
5-16-88
Invitations to Bid were mailed to forty-one (41) vendors on March 21. 1988.
A Legal advertisement was placed in the Palm Beach Post on March 31. 1988.
A formal bid opening was held on April 8. 1988. at which time one
received from Walker Stainless Equipment Company for $78.771.00,
of Bids is attached for your review.
(l) bid was
A Tabulation
Following staff analysis and review. it is felt that $78.771.00 is about $10.000
in excess of the amount reasonable for this type of vehicle.
Therefore. Purchasing recommends that all bids for a Tanker be rejected. that
specifications be revised. and then be re-bid.
Attachments: (2)
Tabulation of Bids
Recommendation from Fire Department
pc: K. B. Wigderson
Assistant Fire Chief
CM 362
THE EFFORT ALWAYS MATTERS
'),0
DEPARTMENTAL
CORRES.ONDENCE
FROM
M. B. WIGDERSON, ASSISTANT FIRE CHIEF
[ITY DF
DELRAY BEA[H
'T~~
TO
TEO GLAS, PURCHASING DIRECTOR
SUBJECT
FORMAL REJECTION ON BID
1/88-59
DATE
5/13/88
Please accept this memorandum as my formal request to reject the bid
for the building of our 25-2300 gallon tanker, Bid 1/88-59.
My reason for the rejection of the bid is based on the fact that only
one company returned a bid for the unit and that company was about
$10,000.00 over the amount that I feel is reasonable for this type of
vehicle.
If you have any questions concerning this matter please call me at
243-7404.
",?'I(S. c,Jj,:-k/'APf'\.
M. B. Wigderson
Assistant Fire Chief
MBW/rnrnh
eM 362
THE EFFORT ALWAYS MATTERS
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[ITY DF DElRAY BEA[H
. (IL(
.~ . 1
~?-
CITY ATTORNEY'S OFFICE
31IiS,II,tSTJUII,'\li!1 ~ 1)111<\lBJ_\I,li,IIl)I~II)\~.qs;
-I117'_~..L;_'II')11 II J J I'()I'III': -+i~7 ~-,'i-; ~_~
MEMORANDUM
Date:
May 17, 1988
Walter O. Barry, City Manag-er ~
Robert Pontek, Director of Public Utilities
To:
From:
Herbert W, A. Thiele, City Attorney
Subject:
Proposed Modification to Utility Agreement Between City of
Delray Beach and Palm Beach County Concerning Congress
Avenue Widening-
The City Attorney's Office is in receipt of a copy of a memorandum dated
May 9, 1988 which was sent by Assistant County Attorney K, C, Collette to
John Carroll, the Director of Roadway Production of Palm Beaeh County,
concerning- the above-captioned subject, This memorandum is in conformity
with my telephone conversation with Mr, Collette on May 11, 1988.
You may recall that the basics of this joint ag-reement is foY' the City to pay
to the County CfJsts up to the sum of $99,510.00 which are Ilttributed to
relocation of utilities in conjunction with the widening of Congress Avp.nue
from West Atlantic Avenue to L-30 Canal.
Although the City Attorney's Office had no basic disagreement with the
proposed agreement, we had expressed our concern or suggestion that the
City of Delray Beach, its officers and employees ought to be named as an
additional insured under the insurance p('llicies or bonds obtained by the
contractors retained by Palm Beach County with rep:ard to this project,
According- to Mr. Collette, the process of changing- the bonds or the
insurance certificates is believed to be too cumbersome by the County, and
Mr, Collette has proposed the insertion of a new paragraph in the ap.'reement
in that the City's involvement in the project is minimal.
Although we still believe that the best assurances to the City would come
from the modification to the insurance policies or honds, a paragraph of this
nature inserted in the agreement is certainly better than not addressing the
subject at all, An additional alternative would have been for the insertion of
a paragraph wherein Palm Beach County agreed to hold' the City hllrmless for
any damages resulting from the negligence of Palm Beach County or its
contractors.
However, the inclusion or not of such prO'TlSIOnS or the paragraph proposed
in Mr. Collette's May 9, 1988 memorandum are policy considerations for the
City Administration I City Commission to review.
'ZI
r.'emo to Walter O. Barry and
Robert Pontek
May 17, 1988
Page 2
If neither the insurance prOVISIons nor the indemnificatio!l parag-raph are
agreeable or "do-able" by Palm Beach County, then we certainly would
suggest that the inclusion of the nroposed paragraph be made in the
agreement and then it be subsequently executed bv the appropriatp- City
officials (assuming City Commission approval has already been obtained fot'
such an agreement).
If you have any questions, please contact the City Attorney's Office.
leI
Attachment
cc: K. C, Collettp-, Esq.. Assistant County Attorney
- - ..- - ~~ -.........""..) ................~I.I.<3,:)I.UJ.J.t..:l-.')
Karen 'r. Marcus, District I
Carol A. Roberts, District 4
Carol J. Elmquist, District 3
Dorothy Wilken, District 4
Kenneth M. Adams, District 5
County Attor
Gary M. Brandenuurg
Assistant County Altor
K. C. Collette
MEMORANDUM
""C "","'.... OP}!:
"--;': '';il:::zL___
___S___
'"',..'''''
.~
DATE:
May 9, 1988
John Carroll, Director
Roadway Production
Cj~~/ ;'
. ~"!'~ t.::
City u. q .
'.".',
TO:
FROM:
K. C. Collette
Assistant County Attorney
RE:
CONGRESS AVENUE WIDENING FROM WEST ATLANTIC AVENUE TO
L-30 CANAL, UTILITY AGREEMENT WITH THE CITY OF DELRAY
JOhn, Friday, May 6, 1988, I spoke
of Public Utilities for Delray,
issue of insurance which was raised
March 2, 1988.
with Robert pontek, Director
in an attempt to resolve the
in his letter to you dated
After reviewing the proposed agreement and
about the extremely minimal involvement
completion of this project, I am of the
need not be overly concerned with liability
talking to Mr. pontek
of Delray in the
opinion that the City
under the project.
However, in order to accommodate any concerns that might remain,
I am proposing that a paragraph be added to the agreement which
would read as follows:
"This agreement recognizes that the CITY is
not physically nor administratively involved
in or with the construction of the within
referenced utilities and does not assume any
liability inherent therewith."
With this language in place, I
requiring the contractor to
insured should be waived.
feel the City's initial request of
go back and add them as a named
By copy of this letter to Robert Pontek, Director of Public
Utilities for Delray, and Herbert Thiele, City Attorney for
Delray, I am requesting that they consider accepting this
language in lieu of the cumbersome process of. attempting to go
"An ECjual Opportunity. Affirmative At:tion Employer"
BOX 2429 WEST PALM BEACH, FLORIDA 11402-1989
(407) 684-4160 Suncom 262-4160
"
"
John Carroll
Re: Insurance/City of Delray
May 9, 1988
Page 2
back through the contractors in an effort
policies amended, Once the City has responded
myself, we should be able to move immediately
the agreement and having it signed.
to have insurance
to either you or
ahead on amending
I will let you know if anything further develops on this matter.
Please advise if you need additional information.
7~
K. C. Collette
Assistant County Attorney
KCC:blm
cc: ~~bert Thiele, City Attorney of Delray
Robert A. Pontek, Director of Public Utilities
of Delray
Gary M. Brandenburg, County Attorney
Ar--EtlUIT BEHIEEN PAUl BEACH COtHll \Nu CITY OF IJELRAY
B. H FOR THE FUNDING OF UTILITY CONSTRUCTInN ALONG
CONGRESS MENIIE FROIl flEST ATLArlTIC MENUE TO L-30 CANAL,
PAUl BEACH COUrHY, 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"
herein referred to as "CITY",
and CITY OF DELRAY BEACH, a pol itical subdivision in the State of Florida,
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
fIHEREAS, Florida Statutes, Section 163,01, allows governmental
units to make the most efficient use of their powers by enabl ing them to
cooperate with other localities on a basis of mutual advantage; and
both governmental units by promoting efficient util ity construction along the
fJHEREAS, the execution of agreement is in the best interest of
Congress Avenue right-of-way referred to previously;
contained herein, the Parties to this Agreement agree as follows:
Nml, THEREFORE, for and in consideration of the mutual covenants
1. The City agrees to pay directly to the County costs
attributable to said util ity construction as outl ined in the Specifications
for this project; and
2, Said summation of costs is stated in the amount of $99,510,OO;
and
using as constructed quantities, said quantities being measured by the
Survey Section of the Engineering Services Division of the Palm Beach County
3. Said costs shall be adjusted upon completion of the project
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 ei ther COUrlTY or CITY are subject to annual
bUdgetary funding and should either Party inVOluntarily fail to fund any of
their respective obl igations 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:
PAU1 BEACIl COUNTY, FLOR IDA, BY ITS
BOARD OF COUNTY COMMIssIqrlERS
JOHN B. DUNKLE, CLERK
BY:
( Deputy Clerk)
BY:
CHATfffiilN
(SEAL)
ATTEST:
CLERK
CITY OF DELRAY BEACH, FLORIDA, BY
ITS COUNC IL
BY:
BY:
cHATnMAN
(SEAL)
APPROVED AS TO FORH AND LEGAL
SUFFICIENCY:
APPROVED AS TO FORt1 ArID LEGAL
SUFFICIENCY:
BY:
COUNTY ATTORNEY
BY:
CITY OF DELRAY
BEACH ATTORNEY
-2-
CWjOFtSS AVE./ .J, ATlANTIC A"_. TO L-::,O CANAL
STRUCTURE
No.
79
** 83
** 73
** "72
7A
9B
9A
20A
9
12A
STA ,116+':'0
16A
33A
48
34A
49
50A
51
52A
53
54A
40B
40A
22
PIPE FF:OI1
S-20A TO S-':,
.STIMATED COST OF UTILITY CONFLICTS
CITY OF DELRAY UTILTITIES
TYPE IF
NOT CONFLICT
BASE COST
EACH
TYPE IF
CONF LI CT
7.~
'.'L
*
P-5(<10')
*
*
*
*
*
P-::: ( <1 (JI )
P-l(<10' )
*
*
*
P-6 <: < 10 ' )
*
P-5(<: 10')
*
P-6<:<10')
*
P-6<:< 10')
*
P-5<< 10')
*
*
*
J-7T<:< 10')
153 L.F.
OF 18" PIPE
$3,:325.00
$1,920.00
P7-T(<10')
J-5<:<10')
J-7T<:< 10')
J-7T<:<10' )
J-7T<:<10' )
J-7T<:<10' )
J-7T(<IO')
J-:::<:>IO' )
J-I ('>10')
J-7T<:<10' )
J-7T<:<10')
J-:::(< 10')
J-6<:< 10')
P-:':<:<lO')
J-5<:< 10')
P-r::(< 10')
J-6<:< 10')
P-7<:<10')
J-6(< 10':>
P-::r(< 10')
J-5(<10')
p-:::<:< 10')
J-7T<:<IO')
J-7T(< 1(JI)
J-7T<:<IO')
153 L.F.
OF 42" PIPE
$1,650.(1)
$2,500.00
$1 ,'~5l).OO
$1,'7120.00
$1,'7150.(1)
$1 ,'~50.00
$1,'120.00
$2,':'00.00
ADD THE FOLLOWING CONTINGENT ITEMS:
8 REMOVE & RELOCATE EXIST, FIRE HYDRANTS
9 TAPPING VALVE AND SLEEVE (8" X 6")
10 WATER MAIN <:6" D.I.P.l MECHANICAL JOINT
11 CLASS 1 CONCF~ETE <THRUST BLOCf<S)
12 PLUG FOR 6" D.I.P,
13 PLUG FOR 8" D.I.P.
14 PLUG FOR 10" D,I.P.
15 WATER MAIN (8" D.I.P.) MECHANICAL JOINT
16 WATEF~ t1AIN (10" D. I .P.) MECHANICAL JOINT
17 2" GALV, IRON SLEEVES (.36" OF COVER)
18 CAST IRON FITTINGS
19 LIMEROCK BASE (16")
20 ADJUST GATE VALVE BOXES
21 ADJUST SANITARY SEWER MANHOLE TOPS
23 TAPPING VALVE & SLEEVE (8")
24 TAPPING VALVE & SLEEVE (10")
TOTAL COST OF ALL UTILITY CONFLICT STRUCTURES:
LESS O)ST SHARED WITH SOUTHERN BELL:
FINAL O)ST TO DELRAY UTILITIES:
CONTRACT
COST EACH
$1,'100.00
$.3,270.00
$ 2, ',00 .0(1
$:2 , ',00 . 00
$2,'711)0.(11)
$2,'7100.00
$2,'7100.0(1
$4,350.00
$.3, 50l). 0(1
$2,'100.1)1)
$ 2 , '71(1) . (10
$3,000.00
$3,5(J(J.(J(J
$2,t,(iO.(J(J
$3,270.00
$2, t.I)O. 00
$3,5(10.01)
$2, ',(10.00
$3,50(1.0(1
$2,600.00
$."),270. UO
$2,6(11).00
$2,'100.00
$2, ',(10.00
$2, ',00.1)0
$10,0'18.00
* STRUCTURE NOT REQUIRED FOR DRAINAGE SYSTEM. CONFLICT ONLY.
**COST SHMED tHTH SOUTHERN BELL.
JOB #:,:3220
COST TO UTI L .
CO, EACH
$1,':'00.00
$1,350.00
$2,900.00
$2,900.(11)
$2,',00.0(1
$2,900.00
$ 2, ',00 . 00
$2,700.00
$1,(J(JO.Ol)
$2, ',00.00
$2,'iOO.oO
$3,000.00
$1,550.0(1
$2,600.00
$1,.3.50.00
$2,600.00
$1,550.(1)
$ 2 , ',00 . 00
$1 ,5~50.00
$2,61)0.00
$1,.350.00
$2,6(10.01)
$2, ',00. (1)
$2, '100.00
$0.00
$6,273,00
$3,600.00
$2,600.00
$1,452.00
$1,500.00
$200.00
$300,00
$400.00
$5,805.0(1
$5,600.00
$5,005.00
$1,500.00
$2,500.00
$7~;0. 00
$1,500.00
$3,000.00
$4,400,00
-------------
$10.3,085.0(1
$3,575.00
-------------
$ "'1 , 51 I) . 00
[ITV DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
310S.1.1,ISTlH'I") SlTTI ~ l)IIR,\YB!\CIL)!I)Rlln,_q:-:.~
4n7:24.~. ;ill(1 r! U(,OP]I'I~ -l-()i' ~"'!i-t:)5
MEMORANDUM
Date: June 3, 1988
T:): Walter O. Barry, City Manager
From: Susan A, Ruby, Assistant City Attorney
SUbject: Walker vs, the City of Delray Beach, Florida /
Settlement Offer from Florida Insurance Guarantee
Association (FIGA)
This case arises out of an accident which occurred on
December 4, 1983 between a Delray Beach police vehicle and
al10ther vehicle driven by Diane Bouie, wherein pedestrians
alleged that they sustained injuries when they attempted to
avoid being hit by the vehicles. The City Commission, at their
meeting of May 20, 1988, denied offers of settlement submitted
by Plaintiffs upon recommendation by the City Attorney's
office.
We have now received another offer of settlement, not yet acted
upon by the City Commission, from Florida Insurance Guarantee
Association (FIGA) who represents third party Defendant Diane
Bouie. Our office recommends accepting the settlement offer
presented by FIGA. FIGA is contesting coverage, and in
exchange for releasing them from this lawsuit offers the City
$7,400. Because there is a 95% chance that FIGA would prevail
in contesting their responsibility to provide coverage, 1 t is
Ollr office's opinion that the City should accept the $7,400
offer by FIGA,
Please place this offer of settlement on the June 14, 1988
agenda, If you have dny questions regarding this matter,
please do not hesitate to contact our office, Thank you for
your ass' stance,
~
SAR:ci
cc Lee Graham, Risk Management Administrator
?-1-
_.
-
.,
1
/
AGENDA REPORT
Meet~ng of May 24, 1988
...----
.- ~
,
(
Item No, 40 Settlement Offer in the case of Walker vs, the City of
Delray Beach, On December 4, 1983 at N, W, 1st Street and N. W. 11th
Avenue, an accident occurred between a police vehicle and another
vehicle, Four pedestrians in the vicinity of the accident alleged
they sustained injuries when they attempted to avoid being hit by the
vehicles, The original suit between the City and the driver of the
other vehicle was settled in September, 1987,
In this related but separate suit,
against the City as follows: K~mba
$35,000, Mary Coleman, $25,000, James
the pedestrians seek
Coleman, $2,500; Valerie
Coleman, $12,000,
damages
Walker. .
Recommend denial of these settlement offers,
//'
/
// :./
41 Contract between the City and Fire Department Medi 1
'rector, There is an existing requirement in the Florida Sta tes
w ~ch requires each municipality providing pre-hospital Advance Life
Sup ort Services to employ a Medical Director to oversee the B ogram,
Th~ urrent Medical Director, Dr. Kenneth Lee, has resigned fective
June st, Several individual's ,have been interviewed and ased on
these . nterviews , Dr', Joseph R, Yates is recommended as Dr, .Lee's
replace nt, A copy of Dr. Yates' resume is contained i your agenda
report a is a copy of the contract agreement,
of contract between
as Medical Director.
Beach and
Item No. 42 Am ndment of Employment Agreement etween the City and
City Manager, Amendment to the Employmen contract between the
City and the C ty Manager to increase stance for rental of
temporary housin by $500 is requested, he agreement provides
assistance for a eriod up to six months fr m January 19, 1988, This
increase will be of set by lower actual c t for moving reimbursement
The employment agree nt provided for rei ursement for interim moving
costs which were not ught"
,/
Item No, 43 This is a reque t for rezoning properties located north of
N'lf,flst Street from RM-l to CBD for the purpose of constructing c
public parking garage. The lanning and Zoning Board recommended,
on a 6-1 vote, rezoning to (Community Facilities) instead of CBD.
The Community Facilities de ig ation is permitted within the existin(
RM-lO usage and thus no lan mendment was deemed to be required,
Approval of this zoning change ill allow ,construction of a publi<
parking facility adja nt and n rth of the proposed Jacobson':
Department Store to pr ceed.
assistance from
Recommend a roval
$2,000 to $2,500,
Item No. 44
Hill. This
provided b
assessme
necessa
treatm nt
Atto~ey's
litigation
dendum No, 2 to an agreement etween the City and CH2
roposed addendum is for contin ation of services to b
CH2M Hill with regard to the 20-Serie~ well fiel
and remediation services, and x eludes those iterr
to complete the design and constru ion of a full-seal
system and to provide support ser ces to the Cit
office with regard to investigation nd the subsequer
of the 20-Series well filed contamination,
located east of 7t
staff be directed t
and Public Hearin a
C,F.zonin for
N. W, 1st Street an that
re are an enabli Ord~nance for advert'sement
First Readin 0 June 14, 1988.
Recommend a roval
$503,000,
of
a ent to CH2M Hill in
amount
- 9 -
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE
3\05.1. hl STRUT, SITrI -I- nllR.\'r 1)1 \('11.1 ~ ORID\ :U-l-XJ
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MEMORANDUM
Date: June 2, 1988
To: City Commission
From: Herbert W. A, Thiele, City Attorney
Subject: Status and Further Direction Regarding Appeal of Palm Beach
Newspapers v. Charles Kilg'ore
As you no doubt have read in the newspapers this last week, the City
Attorney's Office and the Police Department became involved in another public
records demand problem with a newspaper in the area, In this instance a
reporter for the Palm Beach Post demanded to review the materials contained
within an active. on -going internal affairs investig'ative file concerning
Sg't. Tom Meister,
lt was our position then, as now. that although these documents will become
public records under Florida Statutes Chapter 119 when the investigation is
complete or a decision on probable cause has been made, at the time of the
reporter's request, these documents were exempt from disclosure to the public
and to this reporter pursuant to the requirements of Florida Statutes
B12. 533(2). Not only does this statute make such materials exempt from
disclosure. but in fact it would constitute a criminal misdemeanor offense to
reveal the contents of those files prior to the time that the investigation is
concluded.
Both the reporter and the newspaper's attorney were fully informed of the
basis of our refusal, and a written position by letter was provided to them.
Nonetheless, the Palm Beach Newspapers and their reporter proceeded to file
a lawsuit against Chief Charles Kilgore (arguably as custodian of these
documents), and had the Circuit Court conduct an emergency hearing' in its
chambers on Friday, May 20, 1988.
During the course of this hearing. the Court. over my objection. took
testimony from the City's Internal Affairs Officer (Capt. L!\rry Schroeder),
who testified that this was in fact an on-going, non-criminal internal affairs
investigation. Again over my objection, the witness was required to disclose
that the nature of the complaint was generated by an internal memorandum
and not a complaint filed from someone not employed by the City. Based
solely upon this issue, the newspaper argued that the exemption thus did not
'1-3
Memo to City Commission
June 2. 1988
Page 2
apply and cited to the court a case arIsmg out of the Fourth District Court
of Appeal which we believe is inapplicable to public records disclosure (the
case being City of Lauderhill v, Migliore which was decided by the Fourth
District Court of Appeal and upheld by the Supreme Court. but which dealt
with the issue of whether complaint review boards were available to officers
who had complaints fiied against them by other officers or only by citizens.
with the Fourth District Court of ApPElal finding that only citizens' complaints
prompted the convening of such complaint review boards),
At the conclusion of the three hour hearing conducted by Circuit Court Judge
Timothy Poulton. the Court entered its order in favor of the newspaper and
required that the City produce all the records no later than at 5: 00 p. m. on
Tuesday. May 24. 1988.
Due to the nature of the legal arguments. plus the sensitivity of the
investigation, as well as the fact that to disclose such information prior to the
conclusion of an investigation would hinder obtaining the necessar71 testimony
and documents. the City Attorney's Office filed a Motiol') for Emergency Stay
Order with the Fourth District Court of Appeal. In addition, the City
Attorney's Office lodged a full appeal of the merits of the Circuit Court's
decision.
On the morning of May 24th the Fourth District Court of Appeal did enter its
order granting the City Attorney's Office's motion and staved the disclosure
of the documents (except for their release during the norma] course of
events, which did then occur later that week). pending receipt of a response
and the court's determination of the appropriate disposition of the case, A
copy of that "stay order" is attached hereto for your reference.
Although the investigative file on this incident has now been public ally
disclosed. which we informed the newspaper we would do when the
investigation had been completed by the Internal Affairs Officer, the appeal
on the merits of the issues still remains before the Fourth District Court of
Appeal.
The purpose of this memorandum then is to inform you of the issues and
outline events which had transpired, and also to seek the City Commission's
direction as to whether or not you wish us to continue to pursue the appeal
of this matter, Based upon the importance of this issue to police officers
within the City and throughout the State, as well as our opinion that the
Circuit Court misinterpreted the decision in the Migliore case, it is our
recommendation to you that we continue to pursue this appeal up through the
appellate process in order for the courts to rectify this decision,
By copy of this memorandum to the City Manager's Office we are
requesting that this be placed on the next regular Cit" Commission
agenda for your formal authorization to oroceed with the appeal.
hereby
meeting
In thp.
Memo to City Commission
June 2. 1988
Page 3
interim. if any members of the City Commission have any questions concerning
this matter. please contact me personally at your conv'mience.
{;jW
cc: Walter 0, Barry. City Manager ,
Chief Charles Kilgore. Delray Beach Police Department
Marty Buben. Personnel/Labor Relations Director
Robert Klausner. Esq.. Attorney for F, 0, P ,
[ITV DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
.\ III S.I-.. 1\\ STl~LI T. SllTl f [)I! I{ \ 1. hi .\(11. I I (J!{II'J \ \ ;1~_\
-+(17 '].n. ',,,):) 1"1 j i (\ I)'III{ j.i( _' ":\-.+ 7~~
MEMORANDUM
Date: June 10,' 1988
To: City Commission
From: Jeffrey S, Kurtz, Assistant City Attorney
SUbject: Settlement of Wendell Robinson vs, City of Delray
Beach
Wendell Robinson has offered to settle this matter for the
payment of $500,00, As is indicated in the attached proposed
Stipulation of Settlement, it is our office's opinion that we
have done absolutely nothing wrong in this action, however, the
$500,00 coming as it does in the form of offer of settlement,
puts us in a position where we must recommend settlement. It
is clear that the City' s cost in continuing this litigation
will greatly exceed the $500.00 that the Plaintiffs are willing
to settle for, so from a purely business perspective looking at
this case alone, the settlement makes sense, Moreover, it is
our office's opinion that $500,00 is such a small amount and
far below the opposing party's cost involved thus far in
litigating the matter and will not serve to encourage future
litigation against the City of Delray Beach,
The problem with litigating the matter fully in light of this
offer of settlement is that if the Plaintiffs were successful
and recovered more than $625.00 (25 percent above the $500,00),
the City could be liable for all of the Plaintiff's attorney's
fees and cost from the date of the offer through the conclusion
of litigation. As we are sure the Commission is aware, anytime
one goes into a jury trial or any court action, there is always
the chance of losing, and if in this case the City was found to
be liable for some damage, a jury could award more the $625.00
necessary to trigger the sanction provisions of Florida
Statutes 45,061 described above.
As a result of these considerations, our office is recommending
that we enter into this settlement with Mr, Robinson despite
the fact that there does not appear to be any liability in the
case,
Should you have any questions concerning this matter, please do
c~hesitate to contact our office,
,">~~h
Attachment
cc: Water 0, Barry, City Manager
J--tf-
IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT OF
FLORIDA, IN AND FOR PALM BEACH
COUNTY, FLORIDA,
CASE NO, CL 87-6045-AI
WENDELL ROBINSON,
Plaintiff,
vs.
CITY OF DELRAY BEACH, FLORIDA,
a municipal corporation,
Defendant,
/
STIPULATION OF SETTLEMENT
COMES NOW, Plaintiff WENDELL ROBINSON and Defendant
CITY OF DELRAY BEACH, FLORIDA, a municipal corporation by and
through their undersigned attorneys and do hereby stipulate and
agree as follows:
1, Parties acknowledge that the costs to each which
would be incurred in fUlly litigating this matter will greatly
exceed $500,00,
2, The City of Delray Beach by entering into this
Stipulation does not admit that the City or any of its
officers, agents or employees committed any wrongful or negli-
gent act during the arrest and subsequent imprisonment of
Plaintiff Wendell Robinson on or about July 5, 1984,
3, The City of Delray Beach will pay as full and
final settlement of Wendell Robinson's cause of action $500,00,
4,
Wendell Robinson hereby remises,
releases,
acquils, satisfies and forever discharges the City of Delray
Beach, its employees and agent or servants of and from all and
any manner of action and actions, ca~se and causes of action,
suits, debts, dues, sums of money, accounts, reckonings, bonds,
bills,
specialities,
covenants,
contracts,
controversies,
agreements,
promises,
variances,
trespasses,
damages,
jUdgments, executions, claims and demands whichsoever in law or
in equity which Wendell Robinson ever had, now has or which any
personal representative, successor, heir or assign of Wendell
Robinson hereafter can, shall or may have against the City of
Delray Beach, its employees, agents or servants, for, upon or
by reason of any matter, cause or thing whatsoever relating to
his arrest or subsequent imprisonment for disorderly conduct on
or about JUly 5, 1984,
6. Each party is liable for its own costs and
attorneys fees incurred in pursuing this matter.
7, Parties stipulate and agree that the above-
captioned matter be dismissed with prejudice,
OFFICE OF THE CITY ATTORNEY
CITY OF DELRAY BEACH, FLORIDA
By:
MONTGOMERY, SEARCY AND
DENNEY, P,A,
Jeffrey S, Kurtz, Esq,
Assistant City Attorney
Attorneys for Defendant
310 S,E. 1st Street - Ste 4
Delray Beach, Florida 33483
(407) 243-7090
Florida Bar No. 0494178
By:
Moses Baker, Jr., Esq,
2139 Palm Bch Lakes Blvd,
Attorneys for Plaintiff
P,O. Drawer 3626
West Palm Beach, FL 33402
407/686-6300
Florida Bar No, 217166
2
ct VVUc\1Cr DJ
[IT' DF DELRA' BEA[H
CITY ATTORNEY'S OFFICE 1105.1. hi STili LT. SUITI4
\
IlLLRA Y BLACH. HORIDA 334S3 305/243.7090
11EMORANDUM
Date:
May 10, 1988
Subject:
David Kovacs, Plannin~ Director \I~
Martin O'Shea, Acting Chief Building Official ~rV
Jeffrey S. Kurtz, Assistant City Attorney All
Redefinition of Frontaqe '~
To:
Fr'om:
Attached is a copy of a proposed ordinance which is meant to
deal with the problem we are having with double frontage lots.
As you both are aware, the problem which has been occurring is
that the City has any number of lots which abut both an inter-
nal development road and a through street outside the develop-
ment or a street that lies within an abutting development,
Many times these lots have a physical barrier such as extensive
plantings or a wall between the buildable area of the lot and
the street which is not internal to that particular develop-
ment, In addition, some of these lots have limited access
easements placed upon them during the platting process, These
factors, for all practical purposes, make it quite clear what
is the person I s front yard versus what is the person I s rear
yard, However, in the above-described situation, our code
permits two potential conclusions concerning frontage, neither
of which are acceptable to developers and landowners. One
conclusion is that the frontage is that side of the property
which abuts a major or minor thoroughfare, and setbacks should
be measured from that line. The second conclusion is that the
above-described lots are double frontage lots and therefore
front setbacks, which are generally greater than rear setbacks,
apply on both sides of the property.
This has caused several developers and property owners some
consternation and required them to go before the Board of
Adjustment for variances, This causes undue delay and expense
for the property owner in developing his property and therefore
a code change was needed, The City Commission at their April
26, 1988 meeting concurred in this finding and therefore I have
drafted the proposed ordinance which would allow property
owners and developers in the above situation to come in to the
City and give us a limited access easement and if accepted by
us, The result would be that front setbacks would concur with
what one usually would think of as the front and rear yards,
'J--~
David Kovacs, Planning Director
Martin O'Shea, Acting CBO
May 10, 1988
Page 2
By copy of this memorandum to, the City Manager, I am requesting
that this ordinance be placed on the Commission's regularly
scheduled meeting of May 24, 1988 for first reading.
If you should have any further comments or proposed changes
concerning the ordinance, please, advise me prior to that time.
JSK:sh
cc: Walter 0, Barry, City Manager
~,
~
~ b(IG(
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 30-1, "DEFINI-
TIONS", BY AMENDING SUBSECTION 40, "FRONTAGE", TO
ELIMINATE THE POSSIBILITY THAT A PROPERTY LINE
ADJACENT TO A PUBLIC STREET WHICH HAS A LIMITED
ACCESS EASEMENT RUNNING ACROSS IT, WOULD BE CONSID-
ERED FRONTAGE LINE OF THE LOT; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PRO-
VIDING AN EFFECTIVE DATE,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That Chapter 30, "Zoning", Section 30-1,
"Definitions", Subsection 40, "Frontage", be amended to read as follows:
(40) Frontage. The shortest property line adjacent to a
public street except for property lines which abut a major or
minor thoroughfare, in which case the major and/or minor
thoroughfare lot line, or line, shall be deemed the frontage.
Notwithstanding the previous sentence if a property line
adjacent to a ublic street has a limited access easement
runnin the len th of such ad'acent ro.ert, line, in favor of
and accepted by the City, such line shall not be deemed the
frontage.
Section 2. That all ordinances or parts of ordinaces in
conflict herewith be, and the same are hereby repealed,
Section 3. Should any section or provision of this ordi-
nance 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 to be invalid.
Section 4, That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED
reading on this day of
in regular session
, 1988,
on second and final
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
1\ 1:, \..., J.,
J U I~ {J
.' .,
V.1.j.U
1988
CITY ,\1ANAGER'S nFFIC~
June 6, 1988
Mr, Walter Barry
City Manager
100 N.W, First Avenue
Delray Beach, Florida 33444
Re: UDAG Award
Dear Mr. Barry,
This letter is intended to serve as notification to the
city of Delray Beach that it is the intent of the Procacci
Development Corporation to proceed with the Auburn Trace hous~
ing development under the terms and conditions stipulated by
the United states Department of Housing and Urban Development
in its grant award to the City dated May 4, 1988 provided that
the City shall agree to the following:
1. That the 20% matching cash loan in the amount of
$1,009,955 to the developer from the City shall be made at 0%
interest with principal only due and payable in the 15th year
of the project,
2. That the purchase money mortgage in the amount of
$720,000 for the acquisition of the land by the developer shall
be likewize at 0% interest and due and payable in the 15th year
of the project.
3. That the city shall assume all responsibility for off-
site improvements that may be required for the development of
this project, including the construction of that portion of
S,W. 12th Avenue through the project site and connecting with
S.W. 14th Avenue,
4. That the City will agree to use its best efforts to im-
prove the physical condition and the ongoing maintenence of the
Carver Estates housing proj ect so as to not adversely affect
the future value of all adjacent property including the
proposed housing development.
PROCACCI OEVELOPMENT CORPORATION
401 West Linton 8oUlevard, Delray Beach. Florida 33444
(305) 265-0500' (305) 427-3555 (Browsed)' 1.BOO-233-2B44
2-.10
Mr. Walter Barry, city Manager
June 6, 1988
Page 2
Under the current operating proforma for this project, a
copy of which I have attached, the city will receive
$2,872,582 in actual cash payments through year 15 of the
project and balloon payments totaling $5,999,396 in the 15th
year for an actual cash return' of $8,871,978. Assuming that the
City would reinvest its cash returns from this project and
receive an average 8% return on its investment the future value
of its participation in this project is worth in excess of
$10.1 million, an amount that exceeds the original expectations
of the City by nearly $3 million.
Given the changes to the financing of this project that
were required by BUD I believe that this is a reasonable posi-
tion to take with respect to repayment of the City's matching
funds. As always, I am prepared to discuss any accomodations
that can be made to assist the City but I wish to assure you'
and the City Commission that my company is prepared to move
forward with this project,
Kindest regards,
PROCACCI DEVELOPMENT CORPORATION
.
-o'On'O'O'O
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DEPART\.1ENTAL
CORRESPONDENCE
CITV DF ~~
DELRAY BEACH
~(j
TO Walter O. Barry, City Manager
FRO~ David M, Huddleston, Director of Finance
SUBJECT Procacci Update
DATE 06-08-88
The June 6, 1988 proposal update submitted by Mr, Philip J. Procacci
requests that the City agree to four conditions, The financial impact of
Conditions One through Four are as follows:
CONDITION ONE
The 20% matching cash loan in the amount of
from the City shall be made at 0% interest
payable in the 15th year of the project,
$1,009,955 to the developer
with principal only due and
Financial Impact: The cost to the City would be the initial
expenditure of $1,009,955 plus the loss of intere.st earnings of
$1,978,378 that would normally be generated by this General Fund
reserve, This interest has been used to offset tax increases, The
cost to the City for the prescribed fifteen-year period for Condition
One would be $2,988,333. This arrangement differs from the previous
Commission-reviewed proposal which provided a 1% annual interest
payment to the City after two years.
CONDITION TWO
The purchase money mortgage in the amount of $720,000 for the
of the land by the developer shall be likewise at 0% interest
payable in the 15th year of the project,
acquisition
and due and
Financial Impact: The initial cost to the City would be the combined
amount of $720,000 for the delayed proceeds of the land sale and the
$275,000 for the purchase of the land from the Housing Authority, The
fifteen-year waived interest earnings from this amount would be
$1,836,159, The cost to the City for Condition Two would be
$2,831,159, Mr. Procacci, at a previous Commission meeting, informed
the Commission that this repayment would possibly be made within a
six-month to one-year period so that the General Fund unrestricted
fund balance could be replenished,
CONDITION THREE
The City shall assume all responsibility for offsite improvements that may
be required for the development of this project, including the construction
of that portion of S, W, 12th Avenue through the project site and
connecting with S, W, 14th Avenue.
CM 3S2
THE EFFORT ALWAYS MATTERS
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Walter 0, Barry
Page Two
June 8. 1988
Financial Impact: During the Capital Improvement Program Committee
meetings, the cost of offsite improvements was estimated to be
$750,000, This would be the initial cost and would have a
corresponding lost interest earning of $1.469.158 for the fifteen-year
period. Total cost to the City of Condition Three is $2.219,158,
CONDITION FOUR
The City
condition
so as to
including
will agree to use its best efforts to improve the physical
and the ongoing maintenance of the Carver Estates housing project
not adversely affect the future value of all adjacent property
the proposed housing development,
Financial Impact: The City Attorney should review this Condition as
to the phrase "its best efforts" because this has the potential of
unlimited financial costs. Assuming modifications to this language.
no financial costs to the City have been assigned to this Condition
although there could be political and moral pressure for City
financial participation due to this condition,
The combined financial costs to the City for Conditions One through Four
are $8,038.650, My previous memorandums have addressed my concerns about
the absence of sufficient security or pledges for the safeguarding of the
City's financial participation. The financial schedules provided by Mr,
Procacci indicate on paper the prescribed payback to the City; however. the
City's exposure to loss is substantial inasmuch as the project will have a
substantial first mortgage and the City will not have even a personal
guarantee from Mr, Procaccio
In the event the Procacci Development Corporation's fifteen~year schedules
are accurate and if they are able to pay back the City, the City would
receive an actual cash return of $8.871.976. Assuming an investment rate
of 7,5%. the City's projected payback by Year Fifteen would be $10.063.260,
Another issue previously raised was the possibility that Procacci would be
unable to repay the H,U,D. Grant as well as the City's contribution, Would
there be any obligation on the City's part to repay H.U,D, to the extent of
making the repayment sum available for H.U.D, related projects in the City?
Also. the City should have a determination as to the allocation of funds if
Procacci can only make a partial repayment, Would the recovered funds be
earmarked first for H,U,D, projects and then the remaining balance, if any,
be recovered by the General Fund? This could significantly impact the
future reserves of the General Fund and the City's resource allocations to
other services and projects,
The City's commitment of $8.038.650 and the potential exposure of loss of
this amount of money would seem to be a policy decision of the Commission
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Walter 0, Ba.rry
Page Three
June 8, 1988
as to projected benefits of this project versus costs and risk. Any
financial commitments to this project would have trade-offs with other City
services and taxes.
DMH/sam
cc: Robert A, Barcinski, Assistant City Manager/Management Services Group
Jeffrey Kurtz, Assistant City Attorney
Lula Butler, Community Improvement Director
David Kovacs, Planning Director
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AUBURN TRACE FINANCIAL ("PACT STATE"ENT
AS OF JUNE 6, 1988 PROPOSAL
SCHEDULE A
COST OF
LAND PURCHASE
FRO"
HOUSIN6 AUTHORITY
COST OF
LAND
PROCEEDS
COST OF.
OFFS ITE
I "PROVmHTS
COST OF
CITY MTCHIN6
SHARE (2011
TOTAL ANNUAL
CITY COST
---------------------
---------------------
---------------------
------------------------
-----------------------------------
INITIAL INTEREST INITIAL INTEREST INITIAL INTEREST INITIAL INTEREST INITIAL INTEREST
COST lOSS COST lOSS COST lOSS COST lOSS COST LOSS CO"BINED
--------------------- --------------------- --------------------- ------------------------ -----------------------------------
$7$,000 S$,62$ $120,000 m,ooo $7$0,000 S56,2$0 S1,009,955 $15,747 S2,554,955 Sl9I,622 S2, 746 ,577
$40,000 S9,047 $$8,050 S60,4b9 S81,428 $40,000 t208,993 S248,993
$40,000 S12,m S62,404 S65,004 S87,535 $40,000 S227,668 S267 ,668
$40,000 S16,6BO m,OB4 S69,879 $91,100 $40,000 S247 ,743 S2B7 ,743
$40,000 S20,m S12,m $15,120 S101,157 $40,000 S269,324 S309,324
S40,OOO S2$,501 S77,524 180,754 S108,744 $40,000 S292,523 m2,m
S27,413 S83,338 S86,811 Sll6,900 SO S314,462 S3I4,462
S29,469 S89,589 $93,322 S125,667 SO t338,047 m8,047
S3l,b79 $96,308 tl00,321 U35,092 $0 $363,400 $363,400
$34,055 $103,531 S107,84$ sm,224 $0 mO,m $390,65$
$36,609 $111,296 $115,933 U56,116 $0 HI9,954 H19,9$4
$39,355 SI19 ,643 S124,628 S167,825 SO S451,451 S451,451
$42,307 1128,616 U33,975 S180,412 SO , $485,310 '485,310
$45,480 Sl38,262 U44,023 sm,943 SO $521,708 S521,708
$48,891 S148,632 $154,825 $208,488 $0 $560,836 $560,836
--------------------- --------------------- --------------------- ------------------------ -----------------------------------
$21$,000 $425,m S120,000 S1,410,392 $150,000 U, 469,158 $1,009,95$ S1,978,378 $2,7$4,9$5 $$,283,69$ S8,038,6$0
==:==:a.==z===z==z::z =s:::::::=::::_::=:=: as:_::::a=:::s:=:::=: ==:::::::::::::::=:c:==. c==::a==.:a:::a.:.c:_=:.::.::=:=:.:
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AU8URN TRACE
FINANCIAL INPACT STATENENT
AS OF JUNE 6, 1988 PROPOSAL
SCHEDULE B
VALUE OF PROCACCI
ESTIHATED PAY8ACK SCHEOULE
----------------------------------------------- TOTAL ANNUAL
INVESTED CITY COST NET CITY SAVINGS (COST)
VALUE TOTAL ----------------------------------- ----------------------------
ANNUAL OF ANNUAL BALLOON ANNUAL INITIAL INTEREST
YEAR PAYBACK PAYBACK PAY8ACK' PAY8ACK COST LOSS C0Il81NEO ANNUAL ACCUHULATlVE
-------------------------------------------------------- ----------------------------------- ----------------------------
I $0 $2,554,955 $191,622 $2,746,577 ($2,746,5771 ($2,746,577)
2 $0 $10,000 $208,9~3 $248,9~3 ($248,9~3) 1$2,995,5701
3 $0 $10,000 $227,668 $267,668 1$267,668) ($3,263,238)
4 $0 $10,000 $247,743 $287,743 ($287,743) ($3,550,~801
5 $0 $10,000 $26~,324 $309,324 ($309,3241 1$3,860,3041
6 $287,258 $287,258 $10,000 $292,523 $332,523 (m,265) ($3,~05,56~)
7 $297,258 $21,544 $308,802 $0 $314,462 $314,462 ($5,660) 1$3,~I1,2281
8 $287,258 $14,705 $331,963 $0 $338,047 $338,047 ($6,084) ($3,917,313)
9 $287,258 $69,602 $356,860 $0 $363,400 $363,400 ($6,540) ($3,~23,8531
10 $287,258 $~6,366 $383,624 $0 $390,655 $3~0,655 ($7,031) ($3,~30,8841
11 $287,258 $125,138 $112,396 $0 . $H9,954 $41~ 1954 ($7,5581 f$J,~38,4421
12 $287,258 $156,068 $143,326 $0 $151,451 $151,451 ($8,1251 ($3,~46,567)
13 $287,258 $189,317 $176,575 $0 $485,310 $485,310 ($8,735) ($3,~55,3021
14 $287,258 $225,060 $512,318 $0 $521,708 $521,708 ($9,3901 ($3,964,692)
15 $287,258 $263,484 $5,~~~,3~6 $6,550,138 $0 $560,836 $560,836 $5,989,302 $2,024,610
----------------------------------------------- ----------------------------------- ----------------------------
$2,872,580 $1,191,284 $5,999,396 $10,063,260 $2,754,955 $5,283,695 $8,038,650 $2,024,610 $2,024,610
===========================================a=== ==:2========.====================== c===:.::::::=:=::===:==:=:::
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RESOLUTION NO. 32-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 9, ARTICLE XI I I OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE
BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY
BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO
ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH
ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORD-
ING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A
LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS;
PROVIDING FOR THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 9, Article XIII of the Code of Ordinances,
declared the existence of an unsafe building upon certain lots or
parcels of land, described in the list attached hereto and made a part
hereof, for violation of the building codes and building requirements
adopted by Chapter 9 and those Codes adopted in Chapter 11 of the Code
of Ordinances; and,
WHEREAS, pursuant to Chapter 9, Article XIII of the Code of
Ordinances of the City of Delray Beach, the Building Official or his
designated representative has inspected said land(s) and has determined
that an unsafe building existed in accordance with the standards set
forth in Chapter 9 and/or Chapter 11 of the Code of Ordinances, and did
furnish the respective owner(s) of the land(s) described in the attached
list with written notice of unsafe building and detailed report of
conditions and notice to vacate as the Building Official determined that
the building was manifestly unsafe and is considered a -hazard to life
and public welfare pursuant to Chapter 9, Article XIII of the Code of
Ordinances describing the nature of the violations and sent notice that
the building was to be vacated within three (3) days from notice and
that the building was to be repaired or demolished; work must be begun
within sixty (60) days and all work must be completed within one hundred
and twenty (120) days, said notice also advised that all appeals must be
filed within thirty (30) days from the date of service of the notice and
failure to file an appeal or to make the repairs required that the
Building Official would have the authority to have the building demol-
ished from the date of the said notice; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 9-482 the Build-
ing Official caused the abatement action to be done; and,
II
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WHEREAS, the City Manager of the City of De1ray Beach has,
pursuant to Section 9-483 of the Code of Ordinances of the City of
De1ray Beach, submitted to the City Council a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Council of the City of De1ray Beach, pursuant
to Chapter 9, Article VIII of the Code of Ordinances desires to assess
the cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of $302,50
Three hundred two dol1~r~ ~nn ~O/lOO as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parce1(s) of land described in said report and in the amount(s) indi-
cated thereon, Said assessments so levied shall, if not paid within
~7
thirty (30) days after mailing of the notice described in Section 9-483
become a lien upon the respective lots and parcells) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied,
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner (s) 0 f the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Council of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums,
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per-annum plus reasonable attorney's fee and other costs of
collection.
Section 5, That in the event that payment has. not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee,
of
PASSED AND ADOPTED in regular session on this the
, 19
day
MAY 0 R
ATTEST:
City Clerk
- 2 -
Res, No. 32-88
NOl'ICE OF ASSESSMENT
G.t.c:-..v /'1/ /1,F,
,/ Date
'10:
Perry Properties, rnc,
ADDRESS:
38 Hi~h Avenue, Nvack, NY 10960
PIDPERI'Y:
840 South Swinton Avenue. Delrav Beach, Fl 33444
LEGAL DESCRIPTION: Lots 1,2, and 3 and the East 5 feet of Lot 4, Bellview
Court, according to Plat Book 11, Page 45 of the official records
of Palm Beach County, Fl
You, as the record owner of, or holder of an interest in, the al:ove-described
property are hereby advised that a cost of $302,50 by resolution of
the City Council of the City of Delray Beach, Florida, dated ~. __ . / "
19~, has been levied against the al:ove-described property,
The costs were incurred as a result of a nuisance abaterrent action regarding
the alxJve-described property. You were given written notice on 5-24-88
that the building official has detennined that a building located on the al:ove-
described property was unsafe, You were advised in that notice of the action to
be taken to renedy that unsafe condition and of the time within which the renedial
action was required to be taken,
x You failed to appeal the decision of the building official to
the Board of Construction Appeals although you were informed
of your right to an appeal and of the procedures for obtaining
appeal, You have also failed to take the corrective action
- required by the notice of the building official,
You appealed the decision of the building official to the
Board of Construction Appeals, You were given-written
notification on that you were required
to take the corrective action required by the decision of
the Board of Construction Appeals wi thin a stated period of
time. You failed to take the action as required by the order
of the Board of Construction Appeals,
The City of Delray Beach has therefore taken renedial action to remove the
unsafe condition existing on the al:ove-described property on 5-28-88
at a cost of $302,50 which includes a ten percent (10%)
administrative fee, If you fail to pay this cost within thirty (30) days, that
cost shall be recorded on the Official Records of Palm Beach County, Florida
against the al:ove-described property,
Copy of all notices referred to in this notice are available in the office
of the building official.
BY ORDER OF THE CITY COUNCIL.
~~-
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City Clerk
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REfEY.VFD
JUN 8 1988
CITY MANAGER'S OFFlct
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CoN::e.~~3 d~n~s~siN.9 our .s~tl\'NG- trICe..
';"('OlV\ .$ <s1 0/ O()O to .$l L.j 0 1 000. TI-\. q". ?Y-o~('-+~
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.Lo+:::. 10, II, l~. rv-..(. Church ho.S INC:-O('rY\.~J
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RESOLUTION NO. 34-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 9, ARTICLE XIII OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE
BUILDING ON LAND (S) LOCATED WITHIN THE CITY OF DELRAY
BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO
ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH
ACTION: PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORD-
ING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A
LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS;
PROVIDING FOR THE MAILING OF NOTICE,
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 9, Article XIII of the Code of Ordinances,
declared the existence of an unsafe building upon certain lots or
parcels of land, described in the list attached hereto and made a part
hereof, for violation of the building codes and building requirements
adopted by Chapter 9 and those Codes adopted in Chapter 11 of the Code
of Ordinances; and,
WHEREAS, pursuant to Chapter 9, Article XIII of the Code of
Ordinances of the City of Delray Beach, the Building Official or his
designated representative has inspected said land(s) and has determined
that an unsafe building existed in accordance with the standards set
forth in Chapte~ 9 and/or Chapter 11 of the Code of Ordinances, and did
furnish the respective owner(s) of the land(s) described in the attached
list with written notice of unsafe building and detailed report of
conditions and notice to vacate as the Building Official determined that
the building was manifestly unsafe and is considered a hazard to life
and public welfare pursuant to Chapter 9, Article XIII-of the Code of
Ordinances describing the nature of the violations and sent notice that
the building was to be vacated wi thin three (3) days from notice and
that the building was to be repaired or demolished; work must be begun
within sixty (60) days and all work must be completed within one hundred
and twenty (120) days, said notice also advised that all appeals must be
filed within thirty (30) days from the date of service of the notice and
failure to file an appeal or to make the repairs required that the
Building Official would have the authority to have the building demol-
ished from the date of the said notice; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 9-482 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 9-483 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Council a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Council of the City of Delray Beach, pursuant
to Chapter 9, Article VIII of the Code of Ordinances desires to assess
the cost of said condition against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1, That assessments in the amount of $1,072.50
One thou sana seventy two and 50/100 as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcel (s) of land described in said report and in the amount (s) indi-
cated thereon, Said assessments so levied shall, if not paid within
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thirty (30) days after mailing of the notice described in Section 9-483
become a lien upon the respective lots and parcells) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
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Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner (s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Council of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums,
Section 4, That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection,
Section 5. That in the event that payment ha_s not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
of
PASSED AND ADOPTED in regular session on this the
, 19
day
ATTEST:
MAY 0 R
City Clerk
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Res, NO,34-88
NOrICE OF ASSESSMENT
~--..~
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Date
TO: Bernard T, and Bernadette K. Brumfield
ADDRESS: 542 NW 47th Avenue, Delrav Beach, FI 33445
PROPERTY: 542 NW 47th Avenue, Delray Beach, fl 33445
LEGAL DESCRIPTION: All of Lot 5, Block 5, less N45.47' thereof, as measured at riRht
angles, Pine Trail Section Two, according to Plat Book 32, Page 153 of the official
records of Palm Beach County, FI
You, as the record owner of, or holder of an interest in, the above-described
property are hereby advised that a cost of $1,072,50 by resolution of
the_Slity Council of the City of Delray Beach, Florida, dated )~~ ~ L. I ~
19..IJ..., has been levied against the above-described property,
The costs were in=red as a result of a nuisance abaterreht action regarding
the a1Jove-described property, You were given written notice on 5-24-88
that the building official has detennined that a building located on the above-
described property was unsafe, You were advised in that notice of the action to
be taken to renedy that unsafe condition and of the t.i.m2 within which the renedial
action was required to be taken,
x You failed to appeal the decision of the building official to
the Board of Construction Appeals although you were infonned
of your right to an appeal and of the procedures for obtaining
appeal. You have also failed to take the corrective action
- required by the notice of the building official.
You appealed the decision of the building official to the
Board of Construction Appeals, You were given_written
notification on that you were required
to take the corrective action required by the decision of
the Board of Construction Appeals within a stated period of
time, You failed to take the action as required by the order
of the Board of Construction Appeals.
The City of Delray Beach has therefore taken renedial action to renove the
unsafe condition existing on the above-described property on 5-28-88
at a cost of $1,072,50 which includes a ten percent (10%)
administrative fee. If you fail to pay this cost within thirty (30) days, that
cost shall be recorded on the Official Records of Palm Beach County, Florida
against the above-described property,
Copy of all notices referred to in this notice are available in the office
of the building official,
BY ORDER OF THE CITY COUNCIL.
~ /;;.,. ~ .dL ~h" ~
City Cle k
DEPARTMENTAL
C'ORRESPONDENCE
TO
Walter 0, Barry
[ITY DF
DELRAY BEA[H
~~(i
FROM
p~erald B Church, P,E.
SUBJECT
Abandonment of Easement - Lot 1, Block 15,
Southridge Subdivi?ion
DATE 5/20/88
ITEM: Abandonment of existing 6' wide utility easement located
in Lot 1, Block 15 of Southridge Subdivision
BACKGROUND: The owner of Lot 1, Block 15, Southridge Subdivision
constructed a pool and deck over an existing utility
easement. In order to remedy the situation, the
owner has been requested abandonment of the easement.
The various City Departments and utility companies
have no objections to the abandonment, (Copies of
the various responses are attached for reference).
RECOMMENDATION: Engineering recommends approval of the
abandonment.
GDC:GBC:ji
Attachments
cc: City Clerk (w/information for preparation of Resolution)
eM 362
THE EFFORT ALWAYS MATTERS
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CITY DF DELRAY BERtH
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January 25, 1988
Ms, Diana Hoyt
2514 Bessie Street
Delray Beach, FL 33444
SUBJECT:
ABANDONMENT OF EASEMENT
Dear Ms. Hoyt:
We have your recent letter requesting review and approval to abandon
an easement located on lands you own,
We find no water or sewer facilities to be in the narrow easement and
have no objections to abandonment,
By copy of this letter to Mr, Gates Castle, P.E" we are advising him.
Very truly yours,
Utilities
RSP: smw
cc: Gates D. Castle7 P.E.
Engineering
.
RESOLUTION NO. 35-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, VACATING AND ABANDONING THE NORTH SIX (6)
FEET OF LOT 1, BLOCK 15, PLAT 2 OF 2, OF SOUTH RIDGE ,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 13,
PAGE 39, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
WHEREAS, David N, Hoyt and Diana L, Hoyt, his wife, are the
fee-simple owners of Lot 1, Block 15, Plat 2 of 2 of Southridge, Palm
Beach County Public Records; and,
WHEREAS, David N, Hoyt and Diana L. Hoyt, his wife, have made
application for abandonment of the north six (6) feet of Lot 1, Block
15, Plat 2 of 2 of Southridge; and,
WHEREAS, the City Council of the City of Delray Beach, Florida,
finds that its interest in the described property is no longer needed
for the public good and deems it to be in the best interests of the City
of Delray Beach to vacate and abandon said six (6) foot utility
easement, located in Lot 1, Block 15 of Southridge Subdivision,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter 177, Section 177.101(5)
and Chapter 166 of the Florida Statutes, it is hereby determined to
vacate and abandon all right and interest it holds to the following
described real property:
The North 6,0 feet of Lot 1, Block 15, Plat 2 of 2, of
Southridge, according to the Plat thereof, recorded in
Plat Book 13, Page 39 of the Public Records of Palm Beach
County, Florida.
of
PASSED AND ADOPTED in regular session on this the
, 1988,
day
MAY 0 R
ATTEST:
City Clerk
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CREEN~EACE SOUTHEAST
Wilton Plaza. Suite 80
I~~l N.E. 26th Street
Wilton Manors. FL 33305
(305) 561-2705
Telex: 9102405559
To Whom It May Concern:
Greenpeace, orgrnally founded in 1971 to oppose the testing of
nuclear weapons at Amchitika" Alaska, has now become one of the
world's largest international non-profit environmental networks,
with offices in over seventeen countries worldwide.
w~ dr~ d~dicated to protecting and preserving the delicate balance
of natrue on our planet. Greenpeace has launched campaigns curb-
ing the disposal of toxic/hazardous chemicals, opposing the
slaughter of endangered species, and curbing the testing of
nuclear weapons as a first step towards ending the arms race and
seeking to make Antartica a world perserve,
Greenpeace's outreach programs include a canvass program, which
has proven to be one of the most successful methods of educating
the public and fundraising for our causes, We run a full time
canvass staff all year around and would like to corne to your
town to canvass, Our canvassers receive full training, using
courtesy and respect for others' rights as a focal point in train-
ing. This approach is simple, educative, and vital to our cause,
Our standard procedures calls for the close cooperation with the
law enforcement offices, 1 will provide the :own with a complete
list of employees, home addresses, Social Security numbers, and
date of birth. Because we are concerned with keeping good stand-
ings, I would appreciate that problems please be referred to me,
Sinc.er ly,
/' . ~ ./ /---..../.
!;1/Y ~/>:/.:>~
Greg Streeter
Canvass Director
REQUEST TO SOLICIT FROM
June 15, 1988 - July 31, 1988
TAX EXEMPT NON PROFIT ORGANIZATION
3/
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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
C ~cE:....J /,,t;/i,- {; tJ SA
Name of Organization
Wtt:.. raN f!<.../l';.A ;SUI TG fe;
Address
Il~;rf
;V~ . :l.r" 57
.
<vJ.:..TllAl,wh'o15 /]05) 5(;,/ 2/'0.\-
jC<:. J.jJO-S' Telephone Number
Incorporated: Yes:
K no:
Date of Incorporation: 1.1/~7-
,t;;,)SI/1f\O";iJ, C/-''''C .r~RCC1('p' "c;--,. /,!<ccu'-(.o~
Names of Officers and Dir~ct~~s
'117 P/lorcr:. r C#OfJjlIC(:,f,<{J ..>-,AC<:iCS ST"!' /IIi1CU-fil. ri!;sTl.>Jc .:rrol /'/!Qi!vcnll.v C1F '1O.i./C C#CAJiCA<.S
Purpose of Organization .
Name of Local Paid Executive:
rJl
,J
KIND OF ACTIVITY:
[):JOR- w- ooeR C.-I.Aivnss
(General SOlicitation, Ball, Motion Picture, etc.)
..E: k vi I'c<7,<1.A( ,,/1"-1 ( D)IXA";'oA/ /'(1;1) rUAI-LJ R./l/J i.vC
Specific Purpose of Solicitation
The applicant shall attach to this Application on a $eparate Exhibit A, a
list of persons, including their address and telephone number, who shall
be available to answer inquiries during the hours when the solicitation is
being conducted from ali persons being solicited, relative to verification
of the identity of solicitors and the nature of the solicitation. This
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~
. ~., I~"I ,,~ :16r'.0 wh.",':;.> A.A.JV/0 )"C ;q.;",.:; _ C,A"VtI.5J {)j~
c-reEG S//{ECc ,(jA J,' .....,. .
L3b_J_ /"f..-"G-.UU-<:1/'" 6{;"Vv *7"'145"1 ,.h),...I;!C:i4Tt:- rt, JJce;.3 ---- ~In-r C....rly'uS. /);1(
Name and Address of Local Chairman or Person Directing Solicitation
-:Tr'S7iJ1' tHe S2.Aoc;"rro ;;rCIII~' ~r:/~~V S/'CC(fS ro-<k ",,-,un. p}!,}/Jucnc..J
Goal /lP~ .<)11<:<.0'< fO,._' :..nA'G
c/(;J<i'Y- ?n.fl:;3
Dates of Solic~tation
l}On - ro - LlW,c:z
Methods of Solicitation
I1iJ S'a. fl, "Ie I'l( (J
Paid Promoters or Solicitors
Percentage Agreement
tJ~
Estimated Administrative Cost of Fund Raising
in Delray Beach
Items Underwritten
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Estimated Percentage of Proceeds ~o
be expended in Delray Beach: J,.rl
.
LATEST SOLICITATION IN THE CITY OF DELRAY' BEACH:.
Total Amount collected in 19
N~
Total Expenses in 19_ .v~
Remitted to National or State in 19
~~
Amount of Proceeds Expended in Palm Beach County in 19 A~~
To this form must be attached:
Copy of Charter
Copy of By-Laws
Statement of income and expenditures for previous year for local,
regional and national organization.
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 publication
approved under Section 22-49 of the Charitable Solicitations ordinance. The
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 the
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 accom-
panied by a consent of the charitable organization involved consenting to
the solicitation of funds on behalf of said charitable organization.
C~{;E:"'tt:/lct? WA
Name of Applicant
By: /J'/<.{, /'1c cU<"~oA
Title: /i,S.5r c"",//ln' OIP:
VA SWORN
~
TO AND SUBSCRIBED before me this c(3rd day 01
, 1987
City Council:
My Commission Expires:
IOTIRV POIltt 'TITt ~ 'lDRIDA
MY COMMISSIOM EXP. MAR. 3,1990
BOlDEO IHRU GEiERll IMS. UND. .
Approved:
Disapproved:
..
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IDr:NTU'IClI'.l'ION Cj
In C'o;,.,lpliallce with 1\rticlu III, Chapter. 22 of l;hc Code
. CI~ Or' DI~LHAY DE1\CII, FLORIDi\
By Inw thi~ carel mu~l; bc rc:ael or p'rc!.:clltcel
to all pr.or.pcctivc elollor~.
NO'!' AN EtlDORSEr-1F.~rl' FOP. INFORMATION ONLY
.
Palm Beach County Chapter 'of
Will conduct it~ annual appeal;
From to
Distribution of $
Income Last Year
Fund Raising,
Admini~tration and
Public Info~ation $
Research $
Patient. Service $
Public Health
Information $
Reserve Funel $
Transmitted to
National,
State or Area $
%
%
%
%
%
,
%.
Total Distribution $
%
Each Dollar contributed to
last year ....-as spent as sho...m below.
----......,...
"
Fund Raising,
Administration and
Public Information
%
\
'"\
Patient
Service
%
. \
)
/
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/
."
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.......
Not~: Compliance with other applicable lnws is not
waived by the issuance of a pennit ~o solicit.
To be used only by the solicitor. whose signature
appears below. Compare with your receipt.
Solicitor
Expir.es:
- - - 3 _'
'::_:~~]
.....:..-----~-'------
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[Iry DF DElRAY IEA[N
CITY ATTORNEY'S OFFICE 11"SI 1,'SII<II1S1111'
JlIll\.\lIH\(IL II.Oll.ID-\ 33..+S3
;fl~ ~..U-~II(III
MEMORANDUM
Date: May 16, 1988
To: Robert A. Barcinski, Assistant City Managerv'
From: Herbert W. A. Thiele, City Attorney
Subject: Addendum to Contract With American Legal Publishing
Corporation
Attached hereto is the addendum to the contract which now need
to be approved by the City Commission and then executed to
provide for the subscription service in the pamphlets as
previously outlined in my correspondence with American Legal
Publishing Corporation.
Should you have any questions concerning this matter, please do
not hesitate to contact me.
/!:;h
Attachments
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ADDENDUM
This document is an addendum to the recodification contract
dated November 26, 1989 between American Legal Publishing
Corporation and the City of Delray Beach, Florida. The parties
agree as follows:
I. SUBSCRIPTION SERVICE
1) The City of Delray Beach, (City) hereby waives
Paragraph 1(18) of the recodification contract. (This
para'graph gave the City the exclusive right to conduct
its own sUbscript,ion service.)
2) American Legal PUblishing Corporation (ALP) agrees to
distribute by sale copies of the Delray Beach Code of
Ordinances, and copies of subsequent supplements
thereto, to interested parties who are not employees
or appointed or elected officials of the City.
3) The City agrees to allow ALP to set the prices of
codes and supplements to such outside subscribers.
4) ALP will undertake all printing, ~hipping, accounting,
recordkeeping and invoicing for the subscription
service.
5) The City may direct inquiries concerning purchasing
its code to ALP's toll-free telephone number.
6) ALP agrees to credit the city 5% of the gross sales of
the subscription service. In January and July of each
year, ALP agrees to provide the City with an
accounting of the subscription service and will credit
the City's account with ALP the amount due the City.
II. PAMPHLETS
ALP agrees to produce and deliver the. following pamphlets
to the City for the prices quoted.
1) Planning Pamphlet: To include Charter, Comprehensive
Plan, Zoning COde, Subdivision COde, Community
Appearance Code, Landscaping Code.
A) 50 copies in vinyl binders.
B) Total Cost: $1,637.50
2) Historical Preservation Pamphlet
A) 50 copies in card-stock covers.
B) Total Cost: $101.85
Delray Beach, Florida
Page 2
3) Animal Control Ordinance
A) 50 copies in card-stock covers.
B) Total Cost: $56.25
~ tJJ1f:l"
IH tness
City of Delray Beach, Florida
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
ANITA K. MITCHELL
NAME
1109 Waterway Lane Delray Beach,
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
Corporate Communications Management
185 N,W. Spanish River Boulevard. Suite 252
PRINCIPLE BUSINESS STRES! ADDRESS, CITY, ZIP
FL 33483
Boca Raton. FL 33431
(407) 276-5167
HOME PHONE
(407) 394-6061
BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING ~ ~ ~ ~
LIST ALL CITY BOARDS ON WHICH YOU ARE CUR~ENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) N/A
EDUCATIONAL QUALIFICATIONS
See attached
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD,
____~~e attached
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
President. Corporate Communications Manaaement
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON
THIS BOARD.
See attached
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
RECEIVE.
~~~ hjz~
SIGNATURE
May 31, 1988
DATE
33
"
MEMORANDUM
To: Robert A, Barcinski- Asst. City Manager/Management
Services
From:
Ted Glas- Purchasing Director
fi%
Subject:
Bids on Atlantic Ave, Beautification Project; Bid
,
#88-75
Date:
June 7, 1988
Invitations to Bid were mailed to twenty-five (25) area
contractors on May 6, 1988. A legal advertisement was placed
in the Palm Beach Post on May 6, 1988.
On May 13, 1988, a pre-bid conference was conducted at which
time five (5) interested contractors were present,
Two (2) of those contractors responded at the May 27, 1988
bid opening, A Tabulation of Bids is attached for your
review.
Following staff analysis and review, it is recommended that
the award be made to the low bidder, Charles S, Whiteside,
Inc, at a total estimated cost of $1,371,333,50 based on the
unit prices and estimated quantities.
Per the Budget Director, funding for this project is
available in account #333-4141-572-61.19 (1987 Utility Tax
Bond-Atlantic Ave. Beautification), and account
#333-4141-572-61.16 (1987 Utility Tax Bond-Atlantic Ave.
Medians) .
Attachments:
Tabulation of Bids
Memo from Engineering
pc: Gerry Church- City Engineer
Yvonne Kincaide- Budget Director
34-A
FROM
~erald
B. Church, P.E., Acting Director of Public
Works/City Engineer
[ITY DF '
DELAAY BEA[H
~~Ci
DEPAPTMENTAL
CORRE5~ONDENCE
TO
Walter O. Barry, City Manager
SUBJECT
ATLANTIC AVENUE BEAUTIFICATION PROJECT
DATE 6/7 /88
The Engineering Department recommends ~ward of a contract to construct the
subject project to Charles S. Whiteside, Inc. Total cost is based upon unit
costs received in the bid submitted May 27, 1988.
Results of the bid opening (see bid tabulation attached) were:
Charles S. Whiteside, Inc.
Hardrives, Inc.
extended cost $1,371,333.50
extended cost $1,622,521.50.
Final contract cost will be based on the final plans due for submission June
7, 1988.
Whiteside
designed.
built-up,
is well known to us to be capable of completing the project as
They have previous experience in successfully rebuilding roads in
downtown areas, most recently in Lake Worth.
Individual items varied from the architect's estimate, particularly storm
drainage and street lights. Pipe costs were high, according to Whiteside
these costs include traffic maintenance and road repair for this phase.
Whiteside will maintain traffic during the underground phase and patching
of the road when underground work is complete. Other possible reasons for
higher cost at this phase is to offset a cost of encountering unknown ob-
stacles and to create cash flow early in job. Street light costs were half
the Sasaki estimate, balancing any fat in the storm water bid.
GBC:mld
c: Ted Glas
Attachment
eM 362
THE EFFORT ALWAYS MATTERS
TO:
Walter o. Barry
City Manager
MEMORANDUM
FROM;~ald B. Church
- City Engineer
SUBJECT: ATLANTIC AVENUE BEAUTIFICATION
ANALYSIS OF BIDS
DATE: June 9, 1988
As indicatea in the bid tabulation, two contractors submitted bids as
follows:
Charles S. Whiteside, Inc. in the amount of $1,371,333.50
Hardrives of Delray, Inc. in the amount of $1,622,521.50
Sasaki prepared an estimate, prior to the bidding in the amount of $1,407,675
The low bid is within two percent of the consultants estimate. The difference
between the high bid and low bid is $251,188.00 or within a range of 18%.
We have reviewed the various categories in the bid and the only significant
differences noted were as follows:
Utilities-Storm Water - The Whiteside bid was in the amount of $150,98j,
compared to Sasaki's estimate of $67,944. The difference is attributable
to the fact that Whiteside intends to restore all of the pavement during
construction. Also there is probably the concern about existing utili-
ties and underground conditions which may delay the work.
Lighting - Whiteside's bid is $100,000 below Sasaki's estimate. We have
verified that they priced the specified fixture. The lower cost is prob-
ably due to installation cost.
Demolition & Grading - Separately these catagories vary significantly, but
when combined the total costs are within 10%. This is attributable to the
overlap between the extent of demolition removal and grading work. White-
side's bid of $5,000 for grading indicates that there will be only finish
grading work involved after his demolition.
GBC:mc
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SASAKI ASSOCIATES, INC.
CITY OF DELRAY BEACH STREETSCAPE
DATE: MAY 10.1988
SA 6540
C~~EK=~..............._.__........_.........=...a.~._......._....~
DESCRIPTION
QUANT ITY UN IT
UNIT COST TOTAL COST
=.=.=..c__....~._.._=.._.=.._=.._....._.c.~~....===.~_zec__..._:_:
PHASE 1
SWINTON TO FIFTH
DEMOLI TI ON
CONC. WALK 3560 SY 54.40 $15,664
BIT . PAVING 8250 SY $4.00 $33,000
CURB 3417 LF $3.60 $12,301
PLANTING 1 LS $3,000.00 $3,000
LIGHTING 16 EA $200,00 $3,200
STREET FURNITURE 36 EA $50.00 $1,800
STORM PIPE 451 LF $5.00 $2.255
CATCH BASIN 11 EA $200.00 $2,200
-------------
$73,420
GRADING
FINE GRADING(ALLOW) 1 LS $15,625.00 $15,625
UTILITIES
STORM WATER
CATCH BASINS 24 EA $1,320.00 $31 ,680
JUNCTION BOX 5 EA $1,320.00 $6 ,600
15" RCP 726 LF $18.00 $13,06B
18" RCP 135 LF $23.50 $3,173
CONNECT TO EX. JB ~ EA $550.00 $1,100
.
TOP ON EX. C8 2 EA $500.00 $1,000
POWER 1 LS $48,075.00 $48,075
ELEC. CROSSOVER 1 LS 20000 $20,000
WATER MAIN RELO. 1950 LF $32.00 $62,400
GAS 0 LF $0.00 $0
IRRIGATION I LS $22,220.00 $22.220
" BACKFLOIJ PREVo
.
2 CONTROLLERS
8 VALVES
41 BUBBLERS
216 SHRUB HEADS
53 POP-UP'S
-------------
$209,316
PAVEMENT
SIOEWALK 40035 SF $5.00 $200,175
CURB AND GUTTER 3945 LF $10.00 $39,450
ROAD
3" ASPHALT 8250 SY $6.30 $51 ,975
8" LIMEROCK BASE 8449 SY $6.50 $54,919
12 " STA8LZD.SU8GR 8649 SY $1.40 $12,109
DECO' I NTRSECT .
FLUSH CURB
STRIPING
SIDEWALK ADJ.-ALLOW
LIGHTING
INTRSECT. LIGHTS
PED. LI GHTS
W.P. RECEPT.
PLANTINGS
PALMS
ROYALS
COCONUT
CANOPY TREES
GROUNDCOVERS
SITE FURNITURE
TREE GRATES
BENCHES(INST. ONLY)
LITTER(INST. ONLY)
SIGNAGE
ENTRANCE
PRKG DIRECTIONAL
REGULATORY
STREET 1.0.
SUBTOTAL
GENERAL CONDITIONS, 0&PI12.54)
4365 SF
992 LF
1 LS
23 EA
16 EA
36 EA
99 EA
o EA
66 EA
47 EA
10155 SF
41 EA
12 EA
17 EA
2 EA
11 EA
38 EA
21 EA
SUBTOTAL
MAINTAIN ACCESS/FAST TRACK(20tl
SUBTOTAL
EST. CONTINGENCY(7.5t)
TOTAL
$5.00
$8.00
$3 , I 20 . 00
$100.00
$4,580.00
$3,040.00
$50.00
$500.00
$337.00
$300.00
$1.30
$325.00
$200.00
$100.00
$10,000.00
$650.00
$650.00
$325.00
$21,825
$7,936
$3,120
$2,300
-------------
$393,808
$73,280
$109,440
$4,950
-------------
$187,670
$0
$22,242
$14,100
$13.202
-------------
$49,544
$13.325
$2,400
$1,700
-------------
$17,425
$20,000
$7,150
$24,700
$6,825
-------------
$58,675
$1 ,005,482
$125,685
-------------
$1 ,131 ,168
$201,096
-------------
$1 ,332.264
$75,411
-------------
$' ,407,675
~JI .3 / t.'
" ~
[ITY DF DELRAY BEA[H
~(i-I \....
('-fI'\/-,,-
:J '/
100 N.W. 1st AVENUE
DELRAY BEACH, FLORIDA33444
305/243- 7000
MEMORANDUM
,
TO: Walter O. Barry, City Manager
FROM: Robert A. Barcinski, Assistant City Manager/~
Management Services _.~
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING _
JUNE 14, 1988
BID AWARD - LIFE GUARD TOWERS
DATE: May 31, 1988
Item Before Commission.
Ci ty commission is requested to award a bid to con-
struct two (2) enclosed life guard towers to Ralph
OSborn, Inc., in the amount of $18,124.00, funding to
be designated from the Beach Restoration Fund.
Backarollnd.
Bids were sent to twelve area contractors, as well as a
legal advertisement placed in the newspapers. Only one
bidder responded. Bids have been reviewed and the
contractor has been checked out. The bid award is to
construct two (2) of three remaining towers to be
built. Five (5) enclosed towers have already been
. constructed. Other towers may be built in the future
.c../ Joiollowl- the north beach area is expanded for lifeguard
t) coverage.
Recommf'ndation.
Staff recommends award of bid to Ralph Osborn, Inc.,
for the construction of two (2) enclosed lifeguard
towers in the amount of $18,124.00 with funding to come
from the Beach Restoration Fund.
RAB:sk
THE EFFORT ALWAYS MATTERS
34-6
DEPART: ,ENTAL
CqBaI;~f;qNP~~QE
Ted Glas, Purchasing Director
CITY DF i~
DElRRY BEA[H
j~~
TO
- ---Joe-W~ld01'l-_n----_-- _u_ -- --.- _m__ - -
Director of Parks and Recreation
FROM
-.---.--.,-.-...- '--'---'-,- -"-----"-- -.----.,.
.. .'.-.
Lifeguard Towers
5/24/88
SUBJECT
, DATE
Attached please find a spread sheet for three (3) lifeguard
towers bid on April 20, 1988 (Bid #88-60). Three lifeguard
towers were bid to complete the required towers at North 1 and
2, and South 4. However, the tower at North 2 is predicated
upon additional personnel requested in the operating budget,
which has not yet been approved and passed by City Commission.
Since I don't want to build a tower that I'm not sure can be
staffed a majority of the time, I'm requesting that two (2)
lifeguard towers be awarded to Ralph Osborne, Inc., (the only
bidder) for a total amount of $18,124 to be built at the North 1
and South 4 location.
and Recreation
JW:cc
Attachments
CM 3B2
THE EFFORT ALWAYS MATTERS
,
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[ITY DF DELRAY BEA[H
100 N.W. 1st AVENUE
DELRAY BEACH, FLORIDA 33444
305/243- 7000
M!M)RANDUl1
'ID: Walter O. Ban:y, City Manager
FROM: Robert A. Barcinski, Assistant City ~
Manager/Managezrent Services
DATE: June 1, 1988
StJBJEX:'T: !XX:UMENTATION-CITY CCMUSSION MEErING JUNE 14, 1988
BID AWARD JANI'roRIAL SERVICES CDNl'RAcr-CITY HALL
Item Before Camdssion
City Ccmnission is requested to award a contract for Janitorial Services
for City Hall to the low bidder, Clean Best of Florida, in the anount of
$14,000, funds to ccrne fram the City Hall operating budget.
Background
In April, 1987, a bid for Janitorial Services was awarded to Kenland Jani-
torial Service in the arrount of $23,290. 'Ihis contract had a revewal
provision for up to one year, but the contractor did not want to renew at
existing prices. Bids were mailed to twenty (20) janitorial contractors
on April 18, 1988 and six (6) bids were received on May 9, 1988. Staff
has checked the low bidder's reference and these were very CCllIp1irrentary
of the low bidder's VoQrk. Although the low bid is considerably lower
than other bidders, staff feels that perfonnance rreasures and tennination
provisions in the contract are sufficient to maintain contractor perfonnance.
P.ecarnrendation
Staff recarmends award of Janitorial Services Contract for City Hall to
Clean Best of Florida in the arrount of $14,000 for one year, funding to
cane fram the City Hall operating budget.
RAB:ks
Attachments:
Copy of Purchasing Director Recorrmendation
Bid Sunrnaries and other staff reccmnendations
COpy of Specifications
THE EFFORT ALWAYS MATTERS
~
"
3 L1 Q.,
TO
THROUGH:
FROM
SUBJECT
DEPARTMENTAL
CORRES~ONDENCE
[ITY DF
DElRAY BEA[H
~(i
Walter O. Barry, Clty Manager
Robert A. Barcinski, Assistant City Manager
Ted Glas, PurchaEing Director ~~
Janltorlal Serv~ces Fcr Clty Hall - Bld #88-68
r. ..., r::: ... ,~
-' - -...; - .;, '.:.
DATE
Invitatlons to Eid were mailed to twenty (20) area Janitorial
conti'actors Oil Aprll 18, 1988. A Legal advertiseme:1t '.-Ias placed in
the Palm Beac~ Post on April 26, 1983.
Six (6) contractors responded wlth bids at the May 9, 1938 bid
opening. A Tabulation of Bids is attached fOl" your review,
The low bid was submitted by Clean Best of Florida, A Division of JNR
Cleaning Inc" at a total yearly cost cf $14,000.00.
This firm's references were checked and found to be excellent. It is
believed t~at ~his f1rm has the capacity and desire to perform p~r the
terms and ccnditions of the contract specifications, even though the
bid price is S9,290,OO :ess than last years contract.
Per the Budget D:::i..-ectcr, funding for this service lS budget2d alld
available 1n Account #J01-24l1-591-33.l7 (City Hall - Janltoria~
Services; (This e~penditure extends into next fiscal period).
Fcllowing staff analysiz and review it is recommended that the
contract fer ]anltorlal services for City Hall be awarded to the low
bidder, ClEan Best cf Flcrida, A Division of JNR Cleaning Inc., for
the amo~~t of $14,000: and that ~er the terms of the contract, th2
City Mal1age~ be authcrized to renew the contract for up to two
":C'i15S'':::U":lve te;::ns .:)f one yee.r each, s;Jbj€:ct tel ~Jendor aCC'2pta~1ce,
satl3f2ctc~}- ~E:~~crnia~ce and determination that renewal is 111 the b2~t
l.nteres: '.)f tht:
.., ~ ~. r
--..l..'-1 .
Attc'_cllments:
Tabul3.tlon of Bids
l~emc~; from BUilding Services
pc: Yvo~n8 Kincaide
Bob Savage
CM362 THE EFFORT ALWAYS MATTERS
/
/
TO
FROM
DEPA""'TMENTAL
CORRESPONDENCE
Robert E. Savage, Assistant for Fleet and
Building Services
Al Johnson. Building Maintenance Supervisor
SUBJECT JANITORIAL CONTRACTS - CITY HALL
eM 362
After reviewing six bids and their references, the
in order of preference:
l. Clean Best/Division of JNR Cleaning, Inc.
2. Goldstar Building Maintenance
3. Kenland
4. Nightshift
5. Ready Maintenance Service
6. Doreen Clean
Attached are references called.
AJ:mld
Attachments
THE EFFORT ALWAYS MATTERS
[ITY DF
DElAAY BEA[H
~(j
DATE 5/18/88
following
Yearly
is my recommendation
Charges
$14,000.00
26,208.00
26,900.00
25,500.00
18,905.00
56,600.04
M E M 0 RAN DUM
rD:
TfJd [;l(~~s
F)urcha~inq Dj,rectDr
:
f:I~D~lt
DATE:
F~:obl:"?t"..t E.
{1s~,i~:.tant.
Sa\/aqF.?
+CHn. F~ 1 eet
l~nd
BIJi.lding Services
May ;~4. 1 ''188
!3l.lBJEc:r:
.J.DN~I[mlhl, ....C:QUTRBt;:r. .... .J~LrY.. t:lf~J"I,
In refererlce to the memorandum dated May 18~ 1988 from Al
Johnson to myself. I concur with his recommendation for ttle award
of the janitorial contract. Prior to h~s making tlis recomjnend~-
tiorl, Ernie DeRanqo called each and every referencE listed with
the associated bids. His findings were documented and discussed
with Al Johnson and myself. Unless all of the people Ernie spoke
to ar"a misrepresenting Clean Best, I have to give them the award.
I even had Ernie call Clean Best back and ask if they were fLIlly
aware of what exactly they had bid~ and ttlSY confirmed that they
were fully cognizant of the specifications and were prepared tel
comply wit~l all aspects of the contract.
F~F.:S/ "eo,
References for Clean Best/Division of JNR Cleaning, Inc.:
Health America, Loretta Bascai - They clean three of their facilities.
She recommends them very highly-efficient, dependable and honest.
FSLIC, Leigh Hoffman - Highly recommended. Above their exemplary serv-
ices, FSLIC has very high insurance demands wbich Clean Best has met
very favorably.
Transcoastal Realty, Joeff Cypes ~ Best service they have had in 12 years.
Couldn't say enough good about them. Would hate to loose their services.
Endata, Jeff - Endata has a 24-hour operation, Clean Best has been doing
a "fantastic" job for them. Recommend their services very highly.
ED:mld
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[ITV OF DELRAV BEA[H
100 N.W. 1st AVENUE
DELRAY BEACH, FLORIDA 33444
305/243.7000
MEMORANDUM
TO:
Walter O. Barry, City Manager
Robert A. Barcinski, Assistant City Manager/~
Management Services
FROM:
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
JUNE 14, 1988 - BID AWARD - FIRE FIGHTING
EOUIPMENT FOR NEW PUMPERS
DATE:
June 6, 1988
Item Before Commission,
City Commission is requested to award a bid
bidder, Ten-8 Fire Equipment Inc., in the
$11,439.82, for various pieces of equipment to
on the new pumpers. Funding to come from the
Construction Fund.
to the low
amount of
be utilized
Utility Tax
Background,
Invitations for bid were sent to twenty two (22) vendors on
April 26, 1988, and were opened May 12, 1988. Four vendors
responded. A bid summary is attached. The bid was for
various pieces of fire fighting equipment which will be
placed on the two new 1500 gpm pumpers which are on order
from Pierce Fire Equipment Company. The pumpers are expect-
ed to be delivered at the end of June. This equipment is
needed to make the pumpers operational and was bid separate-
ly from the pumpers, in order to save money and obtain the
proper equipment.
Recommendation:
Staff recommends award of bid to low bidder, Ten-8 Fire
Equipment, Inc., in the amount of $11,439.82 for fire
fighting equipment with funding to come from the Utility Tax
Construction Fund as programmed.
RAB:sk
attachment
THE EFFORT ALWAYS MATTERS
.
34-.0
TO
FROM
SUBJECT
eM 362
DEPApTMENTAL
CORRESPONDENCE
[ITY OF
DELRAY BEA[H
~Ci
TED GLAS, PURCHASING ADMINISTRATOR
M. B. WIGDERSON, ASSISTANT FIRE CHIEF
ACCEPTANCE OF BID #88-71
5/31/88
DATE
Please accept the bid from Ten-8 Fire Equipment Inc., concerning "Fire
Fighting Equipment".
I have reviewed the spread sheet and checked the manufacturers model
numbers and they meet my needs.
Ten-8 Fire Equipment is also the best price of the four companies that
bid on the firefighting equipment.
~6'.iU~
M. B. Wigderson,
Assistant Fire Chief
MBW/mmh
THE EFFORT ALWAYS MATTERS
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DEP ART'I1ENT AL
CORRESPONDENCE
[ITY OF
DELRAY BEA[H
~Ci
Walter O. Barry, City Manager
TO
Director ~
FROJ.ula Butler, Community Improvement ';;~J
SUBJECT
Rental Rehabilitation Program / Contract Award
6/3/88
DATE
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 one Rental Rehabilitation
Deferred Loan. The program provides for the rehabilitation of investor
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'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.
RRl4
CM 362
THE EFFORT ALWAYS MATTERS
3eff-
MEMORANDUM
To: Robert A. Barcinski- Asst~ City Manager/Management J?~
Servlces ~
From: Ted Glas- Purchasing Director ~~
Subject: Bids on Rental Rehabilitation; Bid #88-69
Date: June 6, 1988
The Community Development Division handles and processes
their own formal bids on housing rehabilitation, subject to
Purchasing Department Review.
Purchasing's review of Bid #88-69, finds it to be in
compliance with City Purchasing Procedures.
Staff recommendation to award contract is as follows:
Prooertv
9 NE 2nd St.
Contractor.
Darryl Cook
Amount
$5,000.00
Per the Budget Director, funding for the City's portion of
this work ($2500.) is available in account
#118-1975-554-60.23 (Rental Rehabilitation Program).
Attachments:
Memorandum from Director Community Improvement
pc: Yvonne Kincaide
Lula Butler
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
RENTAL REHABILITATION PROGRAM
BID -INFORMATION SHEET
BID #: 88-69
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APPLICANT: HENRY & JANET MORRIS
APPLICATION #: 87-008RR
ADDRESS OF PROPERTY: 9 NE 2ND STREET
DATE BIDS LETTERS: 4/15/88
DATE BIDS OPENED: 4/28/88
NAME OF CONTRACTORS
AMOUNT OF BID
FIRST CONSTRUCTION OF THE PALM BEACH, INC.
FRANK FIDLER/JAMES BROWN
GEMINI CONSTRUCTION ENTERPRISES, INC.
E. GRIMM, INC.
HENRY L. HAYWOOD
NORENE CONSTRUCTION COMPANY,INC.
B & JR CONSTRUCTION
HOWARD RIENECKER
ROWE & CAMPBELL
FEC
DARRY L. COOK
IN-HOUSE ESTIMATE: $ 5065.00
CONTRACTOR AWARDED CONTRACT: DARRY COOK
CONTRACT AMOUNT:$5000.00
COMMENTS:
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RR6
12.000.00
5] 81.00
1)000.00
RENTAL REHABILITATION LOAN IS REQUESTED FOR THE FOLLOWING:
CASE#
PROPERTY
ADDRESS
RR DEFERRED
LOAN
OWNER'S
MATCH
TOTAL
CONTRACT AWARD
87-008RR
9 N.E. 2nd Street
1 UNIT
2,500.00
,
2,500.00
5,000.00
RR14
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DEPARTMENTAL
cORRES"'ONDEf\,JcE
FROM
Director
Lula Butler, Community Improvement
[Iry DF
DELRAY BEA[H
~(i
TO
Walter o. Barry, City Manager
SUBJECT
Community Development Block Grant Program Activities
Housing Rehabilitation Grant Awards
6/2/88
DATE
According to the City of Delray Beach, Community Development Divi-
sion's approved Statement of Policies and Procedures, we are hereby
requesting City Council approval of five (5) Housing Rehabilitation
Grant Awards. The grant amounts are based on the actual cost of the
rehabilitation as determined by the low bidder, plus a 5% contingen-
cy. The contingency may be used for change orders. All unused funds
will remain with the Housing Rehabilitation grant program.
Inspection of work will be done by the City's Building and Inspection
Department and the Community Development Division. Rehabilitation
contracts will be awarded to the low bidder. Contracts will be
executed between the building contractor and the property owner. The
City remains the agent and this office will monitor all work per-
formed by the contractor and will ensure compliance according to
specifications and program guidelines. Pay Request forms will
require both contractor and homeowner's signatures. Grant recipients
have met all eligibility requirements as specified in the approved
Policies and Procedures. The rehabilitation activity will bring the
homes to minimum code requirements by repairing roofs, electric and
plumbing systems and correcting other incipient code violations.
Detailed work write-ups and individual case files are available for
review at the Community Development Division Office. The Contract
Award and Bid Summary sheets are attached for your reference.
Housing Rehab Grant Awards are requested for the fOllowing:
Caselt Address Grant Amount
86-051HR 601 SW 8th Avenue 14,632.00
87-011HR 519 SW 6th Street 12,527.00
87-013HR 313 SW 8th Avenue 8,456.00
87-0l5HR 609 SW 8th Avenue 17,000.00
87-0l7HR 334 NW 7th Avenue 7,418.00
rehab15
eM 362
THE EFFORT ALWAYS MATTERS
3cf F-
MEMORANDUM
To: Robert A. Barcinski- Asst. City Manager j!I)!
From: Ted Glas- Purchasing Director ~4--
Subject: Bids on Housing Rehab il i tat i on; Bid #88-81
Date: June 6, 1988
The Community Development Division handles and processes
their own formal bids on housing rehabilitation, subject to
Purchasing Department review.
Purchasing's review of Bid #88-81 finds it to be in
compliance with City purchasing procedures.
Staff recommendations to award contracts are as follows:
Prooertv
601 SW 8th Ave.
519 SW 6th St.
313 SW 8th Ave.
609 SW 8th Ave.
334 NW 7th Ave.
Contractors
Henry Haywood
Darryl Cook
FEC
FEC
FEC
Amount
$13,935.00
$11,930.00
$ 8,053.00
$16,977 . 00
$ 7,065.00
In addition, a 5% contingency allowance is requested, if
needed.
Per the Budget Director, funding for this work is available
in account #118-1963-554-60.23 (Community
Development-Housing Rehabilitation).
Attachments:
Memorandum from Oirector Community Improvement
Bid Information Sheets
pc: Yvonne Kincaide
Lula Butler
,
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CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
HOUSING REHABILITATION ACTIVITY
BID INFORMATION SHEET
APPLICANT: Eather Mae Collins
ADDRESS OF PROPERTY: 519 Southwest 6th Street
DATE BIDS LETTERS: 5/23/88
DATE BIDS OPENED: 6/2/88
NAME OF CONTRACTORS
FIRST CONSTRUCTION OF THE PALM BEACH, INC.
FRANK FIDLER/JAMES BROWN
GEMINI CONSTRUCTION ENTERPRISES, INC.
E. GRIMM, INC.
HENRY L. HAYWOOD
NORENE CONSTRUCTION COMPANY, INC.
HOWARD RIENECKER
FEC
D. Cook
R ~ TR CONSTRUCTION
IN-HOUSE ESTIMATE: 16,109.00
AMOUNT OF BID
12.5]0.00
14.635.00
lZ,ts/4.VU
11,~.Ju.uu***
18,456.00
CONTINGENCY: 597.00
CONTRACTOR AWARDED CONTRACT: DARRYL COOK
CONTRACT AMOUNT: 11,930.00
COMMENTS:
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CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
HOUSING REHABILITATION ACTIVITY
BID INFORMATION SHEET
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APPLICANT: Glennie Moody
ADDRESS OF PROPER['y: 609 Southwest 8th Avenue
DATE BIDS LETTERS: 5/23/88
DATE BIDS OPENED: 6/2/88
NAME OF CONTRACTORS
AMOUNT OF BID
FIRST CONSTRUCTION OF THE PALM BEACH, INC.
FRANK FIDLER/JAMES BROWN
GEMINI CONSTRUCTION ENTERPRISES, INC.
E. GRIMM, INC.
HENRY L. HAYWOOD
NORENE CONSTRUCTION COMPANY, INC.
HOWARD RIENECKER
FEC
D. Cook
= R Fv .TR csnsT,"T"'T'T()N
19,665.UU
17,885.00
16.977.00"*
18,993.50
27.686.UU
"
IN-HOUSE ESTIMATE: 18,810.00
CONTINGENCY: 23.00
CONTRACTOR AWARDED CONTRACT: FEC (j
CONTRACT AMOUNT: 16, 977 . 00
COMMENTS:
---.
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
HOUSING REHABILITATION ACTIVITY
BID INFORMATION SHEET
.'
APPLICANT: Lucretia Walker
ADDRESS OF PROPERTY: 601 Southwest 8th Avenue
DATE BIOS LETTERS: 5/23/88
DATE BIOS OPENED: 6/2/88
NAME OF CONTRACTORS AMOUNT OF BID
FIRST CONSTRUCTION OF THE PALM BEACH, INC.
FRANK FIDLER/JAMES BROWN
GEMINI CONSTRUCTION ENTERPRISES, INC.
E. GRIMM, INC.
HENRY L. HAYWOOD
NORENE CONSTRUCTION COMPANY,INC.
HOWARD RIENECKER
~:rjOOk
- R & JR ~9l\T~'T'RTTr.TION
16J3~U.uu
13,93~.uu7C7f"
14,014.00
15,661. OU
20,2LU.uu
IN-HOUSE ESTIMATE: 15,642.00
CONTINGENCY: 697.00
CONTRACTOR AWARDED CONTRACT: HENRY HAYWOOD
CONTRACT AMOUNT: $13,935.00
COMMENTS:
---
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
HOUSING REHABILITATION ACTIVITY
BID INFORMATION SHEET
,
APPLICANT: Bertha Whigham
ADDRESS OF PROPERTY: 313 Southwest 8th Avenue
DATE BIDS LETTERS: 5/23/88
DATE BIDS OPENED: 6/2/88
NAME OF CONTRACTORS AMOUNT OF BID
FIRST CONSTRUCTION OF THE PALM BEACH, INC.
FRANK FIDLER/JAMES BROWN
GEMINI CONSTRUCTION ENTERPRISES, INC.
E. GRIMM, INC.
HENRY L. HAYWOOD
NORENE CONSTRUCTION COMPANY, INC.
HOWARD RIENECKER
~~rCOOk
B & JR CONSTRUCll0N
11,310.00
10,095.00
8.053.00**
8.1QO.OO
15.959.00
,
IN-HOUSE ESTIMATE: 11,462.00
CONTRACTOR AWARDED CONTRACT: FEC
CONTRACT AMOUNT: $8,053.00
COMMENTS:
CONTINGENCY: 403.00
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CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
HOUSING REHABILITATION ACTIVITY
BID INFORMATION SHEET
,
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APPLICANT: Ernest & Elizabeth Wilson
ADDRESS OF PROPERTY: 334 Northwest 7th Avenue
DATE BIDS LETTERS: 5/23/88
DATE BIDS OPENED: 6/2/88
NAME OF CONTRACTORS
AMOUNT OF BID
FIRST CONSTRUCTION OF THE PALM BEACH, INC.
FRANK FIDLER/JAMES BROWN
GEMINI CONSTRUCTION ENTERPRISES, INC.
E. GRIMM, INC.
HENRY L. HAYWOOD
NORENE CONSTRUCTION COMPANY,INC.
HOWARD RIENECKER
FEC
D. Cook
: R & JR CONSTRUe! LUN
IN-HOUSE ESTIMATE: 12,314.00
CONTRACTOR AWARDED CONTRACT: FEC
CONTINGENCY: $353.
CONTRACT AMOUNT: 7,065.00
COMMENTS:
.
.
10,130.00
10.575.00
7.065.00**
9.340.00
10.870.00
..
[ITY DF DELAAY BEA[H
CITY ATTORNEY'S OFFICE
3105.1- 1~tSTRLf':T.SlrJTF4 I)/LRA'r BI:\(If.IIOI{.!lJAJJ-l:.n
407/24}- 7111)1) fl. LLCOPII,R 40;' ~ ':)--f >.~
MEMORANDUM
Date:
Jun~ 7, 1988
Walter O. Barry, City Manager.!
From:
Jeffrey S. Kurtz, Assistant City Attorney
"
1l
To:
Subject:
Dean Sale to City of Delray Beach
Lot 7, NICHOLS SECOND ADDITION
Attached herewith is a copy of the proposed contract for the
acquisition of Lot 7 wherein the City is seeking to purchase
same near the Water Treatment Plant. Mrs Inez T. Dean, who is
the owner of Lot 7, has offered to sell us her property at a
purchase price of $38,500.00.
It would be appreciated if you would put this item on the June
14, 1988 agenda for City Commission approval. If you should
have any questions concerning this matter, please do not
hesitate to contact me.
JSK:sh
A.ttachments
ec: City Commission
Robert Pontek, Public Utilities Director
3q G-
JAMES W. VANCE
WILLIAM P. OONEY
LAW o""~
JAMES W. V ANOE, P.A.
SUITE 200. BARRISTERS BUILDING
1615 FORUM PLACE
WEST PALM BEAOH, FLORIDA 33401
TELEPHONE
(407) a84-e.!544
June 1, 1988
J.Q12\~~_ ~~.~__
C:Pi ;::'~:"\'i~'~~r'~~ C;;:.,'.;"'
Ci() l~! ~:.;:;,.':~. b':"<l<.:;'
.. '1'7
JEFFREY S. KURTZ, Esquire
310 S.E. 1st Street
Suite 4
Delray Beach, FL. 33483
Re: Dean Sale to City of Delray Beach
Lot 7, NICHOLS SECOND ADDITION
Dear Jeff:
Enclosed herewith please find the original of a
proposed Contract between Inez T. Dean and the City of
Delray Beach concerning a sale to the City of Lot 7,
NICHOLS SECOND ADDITION. Please place the item before the
City Commission for their consideration and, if approved,
please return the original Contract for Sale and Purchase
to me. As you will note from the proposed Contract, Mrs.
Dean has been declared incompetent and two (2) guardians
have been appointed concerning her property. Consequently,
after the Contract is approved by the City, it will be
necessary to obtain an Order of Court in the guardianship
proceeding before the sale can be concluded. This approval
is being handled by the attorney for Mrs. Dean, Jeffrey
Knowlton, who is in Melbourne, Florida.
Please contact me if you have any questions or
comments concerning this matter.
S/J1.~lY
WILLIAM P. DONEY,
WPD/sjw
enc.
cc: Jeffrey KnOWlton, Esq.
Robert Pontek
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CONTRACT FOR SALE AND PURCHASE
PARTIES: I~.'~~ ~-,.. ~~~ ~T~C':EP1~~~~; ~ ~~:::'" ;TT\~~ : RF.'I''I'V ,TF.AN
:~dC/~T:f~;"'~:~~~1~~r~/' n 1 <. 1,."",,_.,. <>4<"
of /~ :1~~":~ ~::,~ 1/;1" 1"",., .
(Co-QJar,
'R1l1\H")f"'IT.P'P
IPhone-(407)
IPhone J1Q2l
onditions whict-
hereby agree that' the Seller shall sell and Buyer shalf buy the following property ("Property") upon the fOllowing ter a
Standards For Real Estate Transactions set forth on the reverse side hereof or attached hereto ("Standard{.)"),
r.
DESCRIPTION:
fa} Legal description of Property located in
County. Florida:
Palm Beach
Lot 7, NICHOLS SEl::::OND ADDITIQ'Il TO DELP.AY BEACH,
according to the plat thereof recorded in the Office
of the Clerk of the Circuit Court, in and for Palm
Beach County, Florida" in Plat Book 21, Page 70..
(bl Street addren. If any. of the Property being conveyed is 31J. S.W. 7th Street, Delrav Beach
fe) Personal property ("Personalty") included: None
(d) Buyer shall be responsible for cost of docurrentary st;anps, owners' title insuraJ
recording fees involved in this Contract. Taxes shall be prorated to date of
closing.
II:
PURCHASE PRICE: , , , . , , . , . , .
~AYMENT:
(a) Deposlt(s) to be held in escrow by
,...,.,.,.,.,.,"".""""",.",....,.,. .
. , . ,$
1~ t;nn nn
in the amount of , ,
(b) Subject to AND assumption of Mortgage in favor of
havrng an approximate present principal balance of , . , . , . . $
(c) Purchase money mortgage and note bearing interest at % on terms set forth herein below, in the
principal amount of . , . , . . . , . , . , , , , . . . , , , , . , , . , , . ,. ..,. . . , , . . , , . , , . $
Id I O'h" $
(el Balanc'e to close, (U.S. cash, LOCALLY DRAWN certified orcashier'scheck) subject to adjustments and prorations . $ 38. SOD. 00
I'll, TIME FOR ACCEPTANCE, EFFECTIVE DATE: If ,his off" Is not executed by all p"tles. and the FACT OF EXECUTION communlca'
telegraphically between the parties on or before June I, 1988 . the aforesaid deposit(s) shall be, at oPtion of Buyer. ret
and the offer withdrawn and null and void, The date of Contract ("Effective Date") shall be the date when the last one of Seller and Buyer has signe
IV. ' FINANCING:
(aJ If the purchase price or any part thereof is to be financed by a third party loan, this Contract for Sale and Purchase ("Contract") is cc
the Buyerobtaining a firm commitment for said loan within_days from Effective Date, at an interest rate not to exceed %: t
years; and in the principal amount of $ ,Buyer will make application Within_days from Effective Date, an,
diligence to obtain said loan. Should Buyer fail to obtain same or to waive Buyer's rights hereunder within said time, either party may cane
,$
(b) The existing mortgage described in Paragraph Illb) above has (CHECK (1) or (21): (1) Oa variable interest rate OR (2) oa fixed interest rateo'
per annum. At time of title transfer some fixed interest rates are subject to increase, If increased, the rate shall not exceed % pl
shall, within_ days from Effective Date, furnish a statement from all mortgagees stating principal balances, method of payment,
status of mortgages. If Buyer has agreed to assume a mortgage which requires approval of Buyer by the mortgagee for assumption, '
promptly Obtain and deliver to Buyer all required applications and Buyer shall diligently complete and return same to the mortgagee.
charge not to exceed $ shall be paid 1/2 by Serler and 1/2 by Buyer, If the Buyer is not accepted by mortgagee or t
for assumption are not in accordance with the terms of the Contract or mortgagee makes a charge in excess of the stated amount, Sell,
rescind this Contract by prompt written notice to the other party unless either party erects to pay any increase in interest rate or excess n
The amount of any escrow deposits held by mortgagee shall b..e credited to Sel1!tr at elofing,
BUver BUVer S
V, TITLE EVIDENCE: Within~davs from Effective Date, XNRr shall, at soaR's ex~ense, deriver to Buyer or Buyer's attorney, in ,
Standard A, (CHECK (1) or (2)): (1) 0 abstract of title OR (21XJ title insurance commitment with fee owner's title pOlicy premium to be paid by:
VI. CLOSING DATE: Thistransaction shall beclosedand the deed and other closing papers delivered on the 1 ~t-h davof .T111 Y H
extended by other provisions of the Contract,
VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: The Buyer shall take title subject to: loning, restrictions. prohibitions and other requireml
governmental authority; restrictions and matters appearing on the plat or otherwise COmmon to the subdivision; public utility easements of recon
to be located contiguous to the Property lines and are not more than 10 feet in width as to the rear or front lines and 7~ feet in width as to the.
otherwise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purChase money mortgages, if any; ot.her:_
NCNE ; provided, ho...
exists at closing no violation of the foregOing and same does not prevent use of the Pr.operty for
VHI.OCCUPANCY: Seller represents that there are no parties in occupancy other than ,Seller, but if Property is intended to be rented or occupied
the fact end terms thereof shal.! be stated herein, and the tenant(s) shall be disclosed pursuant to Standard F. Seller agrees to deliver OCCupancy of I
of closing unless- otherwise stated herein. If occupancy i. to be delivered prior to clo.Ing, Buy,r.assurms all risk of toss to Property and Personal
occupancy, shall be respon.ible and liable for maintenance thereof from. Hid date, and .hall be deemed to have 'accepted the Property and Pel
>,1, existing condition 8S of time of taking occup~ncy unless otherwlSl.tated herein or in separate writing.
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x. TYPEWRITTEN OR HANDWRITTEN PROVL.:iIONS; Typewritten or handwritten provisions inserted herein or attached hereto as addenda $1
printed provisions of Contract; ')nflict therewith.
XI. INSULATION RIDER: I .tract is utjlized for the safe of a new residence, the r.
1
XII. SPECIAL CLAUSES: (utilize space below)
lion Aider shall be attached hereto and made part hereof.
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THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.
IF NOT FULLY UNDERSTOOD. SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR,
Approval does not constitute an opinion that any of rhtl terms and conditions in this Contract should be BcCepted by the parties in 8 particular trans
and conditions should be negorlllr,d baled upon thtl respective intafeltl, Objectives and bargaining positions of all interested PIUsons.
Copyright 1985 by The Florida Bar and the Florida Association of REALTORS, Inc.
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WITNESSES: (Two recommended but NOT required)
Executed by Buyer on
(Buyer)
'.j'
(Buyer)
Executed by Seller on
WI.TNESSES: (Two recommended but NOT required)
,1; .":,
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:;'
deposlt(s) unde'r Paragraph' II received; If Other than cash, then subject to clearance.
I.';; ;;., .
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By:,
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(EscrOW,Age~t)-
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BROKER'S FEE:, (CHECK &,~OMPLETE THE ONE APPLICABLEI
o
IIF A LISTING AGREEMENT IS CURRENTLY IN EFFECTl:
OR
o IIF NO LISTING AGREEMENT IS CURRENTLY IN EFFECTI:
. Seller agrees to pay the Broker named below, ~t time of closing, from the disbursements of the proceeds of sale, compenS8~ion in the 8m~u'lt of
ONL Y.ONEI--:'% of gross purch.,. pr'c. OR $ . for Broker', ,.rvice, in effecting the ..Ie by finding. Buy.r ...dy. wnlin,
purchase pursuant to the foregoing Contract. In the event Buyer fails to perform and deposit{s) is retained, 50% thereof, but not exceeding the 8rokl
provided, shall be paid to the Broker, as full consideration for Broker's services including costs expended by Broker, and the balance shall be paid to
transaction shall not be closed because of refusal or failure of Seller to perform, the Seller shali pay said fee in full to Broker on demand. In any litl
9ut, of this Contract, concerning the Broker's fee, the prevailing party sha/l be entitled to r~cover reasonable attorney fees and costs.
(firm name of Broker)
. ..-, -, By:
:.: .,
':",:.' (name of cooperating lub.agent) (Seller)
<~::.J.t',,:, t. ." , SPECIAL CLAUSES: ,"
1~,;Cant;ract is. expresslr contingent upon All~. Hillis and Betty .Jea'i ,Pando~ph,as.co-
,.9:!:la,P.:'li!ms, .of: ,the property of..Inez T. Dean, obtaini.ng an Order of Court approvmg the salE
'. iaE;;~etj'forth herein. 'Allene Hillis and Betty Jean Randolph shall proceed diligently and
I :'~~g~'f~th t9'q~'sald ca,m.approval, and sh~l COOJ;:Eirate'~~~~CooIise1fOJ
!:ii ;,:,,l3.U~~,,.(ilJ,,,ciocurrentati01l ~sary to perfect.clea,r btle. ?, "," ',:tlj:il' ,.:,.:"::".,...:.~,, . '" . ': ,",
'1.. ';':!,.' ""~'.vLn"....;,... ;." ..,.. '..".,,;,.. ',,' ,',,' ',' , ,:, "."....'.,~.'~">II"'''oA.,:(;,i'':; ."':'~:"~"~'
", 'c.>' ;.,~",. U<,I,.,,,,,,' .m..,';" ........> " ""'.. """.''''', ' ",' . ":C-'",,,, "CC" "l" , ...r ''''''~~I~'~\i;'i'!l'l ili"t.!'lHo.,.';"",, fill;.", .,',
.' !:":\:. ' H,;'~"",~(":",,, ~,i:"'''':\7:'','' :o":::;i;"}",,,,'~,,"1i,:i.. > ..... ~'~.' '; .,' 'ft~s;:",~!~,,,,,;'H';oJ':.;,,. '.J
',' J-:'I 1',- ...~!I"-..'"1.~'~.;.i~.......c. .-- -''''~'','''~''.''''''''''-l,Io(:'''''~ ..:OJ;;t':,-1'v;..;,:,,~~,,,.';'''ri'' .:';'1; -:'.l.!';i~:'f~,\': , ~\t)~~"''J<~~'.;.(T\'.:>'~ .;:::'
',Fi:':,:," "~,~..l,r',:.; ~"'T<"",-,'t;q'7..".i';';:~"';;;;~4r:r.""""f','.j.f#;:""';';':~ "~";":"'.~",' "i~j'qi,i:;-j",~;;q,..:;:, .,;,,:,
. .";'f r ';'.,~';'.l~t~~.{;i#;~l1;p!;:':ii: 'i: :,...,;,'" '::t~f};Vi
. .~ ;"- ',c. ~ '~ f 'lo"i!> '....
" "'~rr' .",; '''~~J~'.; ":~~~1'; ~/> "
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(authorized signatory)
(Selter)
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Project & Interim
ManaRement Execut;ves (USA) bu.
June 6, 1988
i\1:~~/~ "
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JUN 7 1988
CITY M4N4G '
ER S n'FICf
Mr. Walter Barry
City Manager
100 NW 1st Avenue
Delray Beach, FL 33444
Dear Mr. Barry:
Enclosed with this letter is the final version of the agreement
between PRIME Project and Interim Management Executives (USA),
Inc. and Delray Beach, Florida to provide Frank Spence as
Interim Director of Development Services. I have signed two
copies and would ask that you do the same. Please return one
signed copy to me along with the second C02Y. of this~etter.
=(("3 U.y. /).
The fee for PRIME Project and Interim M~ement Exe utives
(USA), Inc. for this assignment is $4~ gO per day payable at
the end of each month receipt of our invoice for the days
actually worked in that month. We will also bill the City for
reimbursement of Mr. Spence's expenses at $27.00 per diem for
meals and for reimbursement of mileage of Mr. Spence's car while
used to commute to his job, and other uses as directed by you.
The mileage charge will be in accordance with current Delray
Beach practice. (The total contract shall not exceed $20,000).
By my signature below, and yours, we accept the terms of this
letter and acknowledge separate signing of the enclosed
agreement. I look forward to working with you in this
pioneering ICMA-sponsored activity.
Accepted
Yours Sincerely,
Name
Title
Suite 400, World 7rade Center
Boscon, MassQchust'trs 02210
16/7) 439-5322
JLf H
Project & Interim
Ma"~~eme"' Executives (USA) 1m,
AGREEMENT FOR INTERIM MANAGEMENT
-----------------------------------------------------------------
AGREEMENT date this 6th day of June 1988, by and between PRIME
Project and Interim Management Executives (USA), Inc., a
Massachusetts corporation ("PRIME" Executives") and Delray
Beach, Florida ("Client"). '
WHEREAS, the Client wishes to employ the services of PRIME
Executives in connection with the temporary assignment of
Interim Director of Development Services, and PRIME Executives
wishes to provide such services on the terms and conditions
hereafter set forth.
NOW, THEREFORE, in consideration of the foregoing, the mutual
covenants contained herein and other good and valuable
consideration, the receipt and sufficiency of which is
acknowledged by each party to the other, the parties hereto
hereby agree as follows:
1. Services to be rendered bv PRIME Executives
PRIME Executives shall provide the services of Mr. Frank
Spence to serve in the capacity of Director of Development
Services and render the following services:
a. Establish operating procedures and policies of the newly
created Department.
b. Assist in assessing the departments strengths and
weaknesses within the organization.
c. Assist in the recruitment of the permanent Director of
Development Services.
d. Review staff liasons to various city boards, authorities
and agencies.
e. Recommend staff relationships between the department and
the economic development and redevelopment within the
city.
f. Recommend staff assignments to support historic
preservation and review building and code enforcement
practices relating to historic preservation.
g. Recommend operational plan to manage the cities Capital
Improvement Plan.
Suite 400, World 'Trade Center
Boston, Massa(husms 02210
(6/7) 439,5322
- 2 -
PRIME Executives shall be and remain responsible for any
compensation payable to the Interim Manager during the term of
this Agreement for services rendered to Client hereunder, and
the Interim Manager shall not be deemed to be an employee of
Client for any purposes, including, without limitation, for
purposes of any employee benefit plans maintained by Client for
its employees generally.
2. Oraanization position and authoritv
The Interim Manager will serve as Director Of Development
Services of the Client and, as such will report to The City
Manager. In such capacity, the Client shall insure that the
Interim Manager shall have such power and authority as are
normally incident to such position, including, without
limitation, such authority over personnel and such access to
files, documentation and other information as are necessary
to make decisions and implement them in fulfillment of
his/her duties as described above.
3. Reportina/consultations
The Interim Manager shall meet no less frequently than once
a week with that person who is the Interim Manger's nominal
superior within the Client's organization. PRIME Executives
will maintain close telephone contact with the Interim
Manager and, as necessary with The City Manager, including
one site visit with The Interim Director of Development
Service and The City Manager if requested by The City
Manager, about progress and problems in rendering services
as described in paragraph 1 hereof.
4. General conditions
The Client will provide all normal administrative and
logistical support necessary for the Interim Manager to
carry out his functions as Director of Development Services.
5 Term
The Interim Manager will serve as Director of Development
Services of the client from June 9, 1988 through October 9,
1988. The total number of days worked during this period
will be 40 days. Normally the Interim Manager will work an
average of 3 days per week. This may be altered on occasion
by agreement between Client and Interim Manager. At the end
of such period, PRIME Executives' obligations under this
Agreement shall terminate. If, however, the Client in
consultation with PRIME Executives determines that further
interim management is desirable, negotiations to this effect
may be carried out between the Client and PRIME Executives.
- 1 -
6. Reolacement of the Interim Manaqer
In the event that the person names in paragraph 1 hereof is
unable for any reason to serve or continue serving as
Director of Development Services of the Client during the
term of this Agreement, then PRIME Executives shall have the
right to substitute another individual acceptable to Client
in such person's place. In the event of any such
substitution, then the time for the performance of this
Agreement as set forth in paragraph 5 hereof shall be
extended for such'period of time as is necessary for the
parties hereto to agree upon a replacement for the Interim
Manager. '
7. Comoensation
Client shall pay PRIME Executives for services rendered
hereunder on such terms and conditions as are set forth in a
letter agreement between PRIME Executives and Client of even
date herewith.
8. Indemnification
Client shall indemnify and hold PRIME Executives and its
officers, employees and agents harmless from and against any
loss, cost, liability or expense they may incur as a result
or in the course of the performance of their obligations
hereunder, except to the extent such loss, cost, liability
or expense is attributable to the negligence or intentional
misconduct of PRIME Executives or its officers, employees
and agents. PRIME Executives shall not be liable to Client
for any loss, cost, liability or expense incurred by Client
and arising out of or in the course of the performance of
PRIME Executives' obligations hereunder except of the
nonperformance of its obligations hereunder or for its gross
negligence or intentional misconduct. In no event shall
PRIME Executives be liable to the Client for any amount in
excess of the amounts paid by the Client to PRIME Executives
under or in connection with this agreement.
9. Governinq law
This agreement shall be governed by and construed in
accordance with the laws of the State of Florida except for
the conflicts of laws provisions in effect in such State.
- 4 -
10. Counteroarts
This Agreement may be executed in one or more counterparts,
which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date first set forth above.
The Client:
PRIME Project and Interim
Management Executives (USA), Inc.
Title:
By:
DEPARTMENTAL
CORRESt-ONDENcE
[ITY OF
DELRAY BEA[H
~Ci
TO
Walter O. Barry, City Manager
FROM ~Vid M. Huddleston, Director of Finance
SUBJECT 1988 Water and Sewer Refunding Bond Issue--Auditor's Agreement
DA TE 06-09-88
Background
The City is currently in negotiations with Cranston/Prescott--lead
underwriters--for our Series 1988 Water and Sewer Revenue Bonds. As part
of the process for issuance of the Bond, it will require that the following
procedures be performed:
1.
A review of the preliminary Official Statement and
information contained therein.
financial
2. A review of events subsequent to the date of our report on the City'~
general purpose financial statements as of September 30, 1987, to
determine whether any events have occurred which may have a bearing
upon those financial statements or our report thereon.
3. Such procedures as are necessary to issue a comfort letter as
requested by legal counsel.
Our most recent Water and Sewer Refunding Issue was our Series 1984 and for
this project Ernst and Whinney, the City's external auditors, performed the
above referenced audit services for a fee of $16,000.
We have received a proposal from Mr. Paul Bremer, Senior Managing Partner
of Ernst and Whinney's West Palm Beach office, to provide the referenced
services for an estimated fee in the range of $15,000 to $18,000.
Recommendation
Based upon the experience and expertise of Ernst and Whinney, I would
recommend that the City enter into an agreement with them to perform the
above referenced services at an estimated fee of $15,000 to $18,000. I
believe that the City Commission should approve this Agreement based upon:
1. The reasonableness of the fee,
2.
The familiarity of Ernst and Whinney
situation, as they have conducted our
years, and
with our current financial
annual audit for the last five
3. In order to expedite the issuance of the sale.
DMH/sam
CM 362
THE EFFORT ALWAYS MATTERS
~
'\
, 34-:c.
EW Ernst & Whinney
Certitied Public Accountants
310 Okeechobee Blvd,
Wesl Palm Beach. Florida 3340 I
407/655,8500
June 7, 1988
Mr. Walter Barry, City Manager
City of Delray Beach
100 Northwest 1st Avenue
Delray Beach, Florida 33444
Dear Mr. Barry:
This letter is to confirm our understanding of the terms and objectives of
our engagement to assist the City in the preparation of an offering docu-
ment for the Water and Sewer Revenue Bonds, Series 1988 planned for issu-
ance in September 1988 and including the general purpose financial state-
ments of the City of Delray Beach, Florida as of September 30, 1987, and
for the year then ended, together with our report on those financial
statements.
We will perform the following procedures:
1. A review of the preliminary official statement and financial
information contained therein.
2. A review of events subsequent to the date of our report on the
Ci ty' s general purpose financial statements as of September 30,
1987, to determine whether any events have occurred which may
have a bearing upon those financial statements or our report
thereon.
3. Such procedures as are necessary to issue a comfort letter as
requested by legal counsel.
We estimate that our fee for the above procedures will be $15,000 to
$18,000 and will be billed at our regular hourly rates.
We would be pleased to discuss this letter with you at your convenience if
you desire. If the foregoing is in accordance with your understanding,
please sign the enclosed copy of this letter in the space provided and
return it to us.
EW Ernst&Whinney
Mr. Walter Barry
Thank you for this opportunity to serve the City.
Very truly yours,
/ ~}{ Ji fM Yr-J')
Paul C. Bremer
Managing Partner
PCB:zm
Enclosures
APPROVED
By:
Date:
Page 2
June 7, 1988
Memo
From WALTER O. BARRY
City Manager
To:
CITY COMMISSION
Date: 6-14-88
ITEM 3tJ, 6-l4-?8 AGENDA
This item was inadvertently omitted from the
agenda.
I would like to have it listed under bids and
awards. It is important that the work progress.
3 f{.-S
60\ )
uJJ3r-1
MEMORANDUM
TO:
Walter O. Barry
City Manager
FROM:
Larry Martin
Acting Director of Public Utilities
ADDITIONAL WATER MAIN CONSTRUCTION -
CONGRESS AVENUE
SUBJECT:
DATE:
June 6, 1988
The memo concerning this matter which was written on May 27, 1988
failed to communicate the expediency necessary to accomplish the
project.
Hardrives, Inc. is the General Contractor to Palm Beach County
for the widening of Congress Avenue. All of the equipment used
on the widening project belongs to Hardrives and is on site
daily. They are currently setting up to de-muck the area to the
west of FP&L's pole line. This should be done within a week
(6-10-88). The work immediately following this will be the
excavation for subgrade, etc. The area to be excavated for this
proposed water main extension would be in the vicinity of this
excavation. This work is scheduled to be completed (ready for
paving) by June 24th. This creates the necessity for a decision
in the very near future.
The fact that Hardrives is the General Contractor and that
have all of the equipment on site would save mobilization
and the price quoted is reasonable.
they
costs
~ '/"
-,/
M:::~
---
LM: smw
ATT:
35-:;-
MEMORANDUM
TO:
Mr. Walter o. Barry
City Manager
FROM:
Robert S. pontek
Director of Public Utilities
SUBJECT:
CONGRESS AVENUE ROAD WIDENING -
ADDITIONAL WATER MAIN CONSTRUCTION
I
DATE:
May 27, 1988
In our review of the Congress Avenue road widening work under
contract between the County and Hardrives, we determined that
approximately 1,000 linear feet of water main could be installed
at this time and eliminate this element of construction from our
future work plans.
To this extent, we requested Hardrives provide the city with a
cost for this work to be performed along with the other conflict
work they were approved to perform. The attached reflects project
costs of $28,615.00 for the water main extension, fire hydrant
installation plus the necessary taps for service connections.
This work is beyond the existing ability for our crews to perform.
This work would be coordinated by the general contractor and
there would be no conflicts or possible disruption of road work.
The individual elements of this work were reviewed by this office
and we find the costs to be reasonable.
We would like to have this placed before the City Commission for
their approval so that we may direct Hardrives to proceed. Funds
for this work may be obtained from the Water and Sewer Reserves
as the work was contemplated in the future, but due to existing
construction scheduling by the County Engineer's Office, we
should advance this work to the present time.
Thank you.
RSP:aae
ATT:
::~f
...
RDRIVES, INC.
· DRIVEWAYS . PARKING AREAS . STREETS . GRADING . ROCK & FILL . CONCRETE WORK
2350 SOUTH CONGRESS AVENUE
OELRAY BEACH. FLA. 33<145-7398
City of De1ray Beach
Attn: Richard Bolt
210 N.W. 1st Avenue
De1ray Beach, FL 33444
Extension of existing 8" watermain
Name of Project: Congress Avenue, West side, North from N. W. 1 st Street
Location: Plans to be provided b.Y the City of De 1ray Beach
Plans and Specifications: Specifications to the City of Delray Beach
QUOTATION
PHONE 278-0451
737-355<
To:
May 19, 1988
~!~
WE PROPOSE TO FURNISH AU LABOR, MATERIAL AND EQUIPMENT TO PERFORM THE FOLLOWING:
ESTIMATED UNIT
gUANTITY- UNIT PRICE
1,000 LF 21.00
2 EA 1,60.00
2 EA 700.00
1 EA 1,440.00
ITEM
1.
2.
3.
4.
5.
8" Dia. D.I.P.
Fire Hydrant
8" Dia. Gate Valves
6" x 6" Tapping Sleeve & Valve
2" Strap on Saddle Connections
Future Connections
for
AMOUNT
$21,000.00
3,200.00
1,400.00
1,440.00
DESCRIPTION
5
EA
T ota 1 :
315.00
-1,575.00
$28,615.00
The above prices are based on that this work will be c~rried ou~ in conjunction with
our storm drainage construction, and that all the requlred permlts will be provided
by the City of Oelray Beach.
The Price. on thl. Quotetlon are valid for
ACCEPTED BY:
30
day.. Thank You.
HARDRIVES OF DELRAY. INC.
\~ ""'-^. '^^~.
Brijee M, Marris, Pr9je~t MIRIg8r
TITLE
DATE
HARD RIVES CANNOT GUARANTEE OR BE RESPONSIBLE FOR ROCK BASE WORK CONSTRUCTED BY OTHERS:
Pow.. Iteerlng end fut Itarta will damaga alphall. Wa cannot ba h.ld ..aponllIM a".r complallon on thla proleel. 0.... and wHdI will
grow through ..phall. Tho control 01 th... II tho ruponllblllty 01 tho own.r 01 tho proparty,
BUYlr'e elgn.d acc.ptanc. will conltltut. . binding contract.
In thl 'vlnt thlr,'e any dlflult In paym.nt. due undlr thl. contract and th. .am'l. placed In th. hande of an altom'r for coll.ctlon, th. pur.
chl..r and/or purcha..r. h.reby agr... to par all co.t of coll.ctlon, Including I r'"onablt Iltom.y', f...