06-01-99 Regular CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING
JUNE 1, 1999 - 6:00 P.M./PUBLIC HEARINGS 7:00 P.M.
COMMISSION CHAMBERS
The City will furnish auxiliary aids and services to afford an
individual with a disability an opportunity to participate in and enjoy
the benefits of a service, program or activity conducted by the City.
Contact Doug Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours
prior to the event in order for the City to accommodate your request.
Adaptive listening devices are available for meetings in the Commission
Chambers.
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with
the order of presentation being as follows: City Staff, public
comments, Commission discussion and official action. City Commission
meetings are business meetings and the right to limit discussion rests
with the Commission. Generally, remarks by an individual will be
limited to three minutes or less. The Mayor or presiding officer has
discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public:
Any citizen is entitled to be heard concerning any matter within
the scope of jurisdiction of the Commission under this section.
The Commission may withhold comment or direct the City Manager to
take action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item under
these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
individuals wishing to address public hearing or non-agendaed items
should sign in on the sheet located on the right side of the dais. If
you are not able to do so prior to the start of the meeting, you may
still address the Commission on an appropriate item. The primary
purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the
sign-in sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up
to the podium and state your name and address for the record. All
comments must be addressed to the Commission as a body and not to
individuals. Any person making impertinent or slanderous remarks or who
becomes boisterous while addressing the Commission shall be barred by
the presiding officer from speaking further, unless permission to
continue or again address the Commission is granted by a majority vote
of the Commission members present.
APPELLATE PROCEDURES
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, such person will need to ensure that a verbatim record includes
the testimony and evidence upon which the appeal is based. The City
neither provides nor prepares such record.
AGENDA
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda Approval.
5. Approval of Minutes:*
*Assuming the minutes of the regular meetings of April 20, 1999,
May 4, 1999, and May 18, 1999, are proofed and finalized, they will be
provided to the City Commission prior to the meeting.
6. Proclamations:
A. Code Enforcement Officers' Appreciation Week - June 21st
through June 25, 1999
7. Presentations: None
8. Consent Agenda: City Manager recommends approval.
A. RESOLUTION NO. 32-99: A resolution urging the Palm Beach
County Board of Commissioners to proceed with a Municipal
Service Taxing Units {MSTU) study to determine costs of
services for unincorporated areas, and that a Tax Equalization
Study Group be jointly appointed by the County and the PBC
League of Cities for refinement of the data.
B. REMOVED
C. RESOLUTION NO. 34-99: A resolution vacating and abandoning
the remaining portion of the street right-of-way platted as
S.W. 2nd Street within Breezy Ridge Estates, lying west of
Coral Trace Boulevard, approximately 380 feet north of West
Atlantic Avenue, based upon positive findings, but reserving
and retaining to the City a utility easement for existing
public and private utilities over the entire area thereof.
D. RESOLUTION NO. 35-99: Approve a resolution providing that the
site plan for the new Publix Supermarket (No. 99-113-SPF-SPR)
was approved by the City's Site Plan Review and Appearance
Regular Commission Meeting
June 1, 1999
Board on May 19, 1999, with conditions as outlined in Exhibit
E. RESOLUTION NO. 36-99: Approve a resolution assessing costs
for the emergency board-up of an unsafe structure located at
230 S.W. 3rd Avenue.
F. RESOLUTION NO. 37-99: Approve a resolution assessing costs
for abatement action required to remove nuisances on twenty
(20) properties throughout the City.
G. DEVELOPER'S AGREEMENT WIT~ JO~{N FRYSINGER: Approve an
agreement between the City and John Frysinger (Developer) to
allow the developer to pay to the City $2,500.00 as his share
of the cost to improve the north/south alley within Block 2,
Osceola Park, between S.E. 4th and 5th Streets, in conjunction
with the development of five single family homes on property
owned by Mr. Frysinger which will take access off of the alley.
H. RENEWAL OF LICENSE AGREEMENT/DELRAY BEAC~ ACADEMY: Approve an
amendment to the license agreement between the City and Delray
Beach Academy, Inc. for the use of various facilities at
Pompey Park in conjunction with the operation of a charter
school, by extending the license term for a one year period
ending June 15, 2000.
I. ACCEPTANCE OF EASEMENT DEED/BLOOD'S F~%MMOCK GROVES: Accept an
easement deed from James D. Blood granting to the City a 12
foot utility easement in order to accommodate the extension of
water and sewer service to the Blood's Hammock Groves property.
J. ACCEPTANCE OF EASEMENT DEED/DELRAY OCEAN ESTATES: Accept an
easement deed from DIKAL, a Florida joint venture, granting to
the City the right to use the west 2.7 feet of Lot A, Delray
Ocean Estates, to extend an existing ten foot general utillity
easement.
K. AGREEMENT FOR SIDEWALK IMPROVEMENTS/~IBISCUS ROAD: Approve an
agreement between the City and the owners of property located
at Lot 28, Block 5, Seagate Extension (Hibiscus Road) to waive
the requirement for the installation of a sidewalk until such
time as the City requests the owners to construct the sidewalk.
L. FUNDING SUBSIDIES UNDER T~E DELRAY BEAC~ RENAISSANCE PROGRAM:
Approve funding subsidies in the total amount of $36,562.00
for two (2) income eligible applicants under the Delray Beach
Renaissance Program, with funding from 118-1924-554-83.01
(SHIP Program).
M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept
the actions and decisions made by the Land Development Boards
for the period May 17th through May 28, 1999.
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Regular Commission Meeting
June 1, 1999
N. AWARD OF BIDS AND CONTRACTS:
1. Purchase award in the total amount of $23,322.00 to
Gateway 2000, via Florida State contract, for the
purchase of replacement computers (seven for the Parks
and Recreation Department at a cost of $12,558.00 and six
for the Community Improvement Department at a cost of
$10,764.00), with funding from 334-6112-519-64.11
(General Construction Fund/Computer Equipment).
2. Bid awards to multiple vendors for medical and drug
supplies at an estimated annual cost of $94,683.18, via
joint bid with the City of Boynton Beach with Delray
Beach as lead entity. Funding in the estimated amount of
$93,044.23 will be from 001-2315-526-52.20 (Fire
Operations/General Operating Supplies), and from
001-4123-526-52.20 (Ocean Rescue/General Operating
Supplies) in the estimated amount of $1,638.95.
3. Purchase award in the total amount of $13,117.33 to
Hector Turf for the purchase of one (1) Toro Sand Pro
#5020, one (1) Dozer Blade, and one (1) Toro 72" Guardian
Recycler Deck, via GSA Federal Supply Contract, with
funding in the amount of $9,666.19 from
445-4761-572-64.90 (Municipal Golf Course - Other
Machinery & Equipment) and $3,451.14 from
446-4761-572-64.90 (Lakeview Golf Course - Other
Machinery & Equipment).
9. Regular Agenda:
A. PARKING LICENSE AGREEMENT/THE AVENUE BAR AND GRILL, INC.
(d/b/a 32 EAST): Consider approval of a parking license
agreement between the City and The Avenue Bar and Grill, Inc.
(d/b/a 32 East) to provide for valet parking for a one year
term, including a waiver for temporary lot improvement
requirements for the Leviathan property.
B. RESOLUTION NO. 31-99: Consider approval of a resolution
declaring the necessity for public improvements for that
segment of N.E. 2nd Avenue from Atlantic Avenue north to the
first alley intersection (Pineapple Grove entrance), and
directing the establishment of a special assessment district
to defray a part of the expense for said improvements.
C. PROPOSED AGRICULTURAL USE OF PROPERTY AT 2750 SEACREST
BOULEVARD: Provide direction on a request for agricultural
tax exemption for the Eckler Grove property located at 2750
Seacrest Boulevard.
D. RECOMMENDATION ON COUNTY LAND USE AMENDMENT 99-99 COM1 (LAKE
IDA ROAD AND JOG ROAD): Consider forwarding a recommendation
to the Board of County Commissioners strongly objecting to a
proposed amendment to the County Future Land Use Atlas to
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Regular Commission Meeting
June 1, 1999
change the future land use designation for a 25.9 acre parcel
from Medium Residential 5 (MR-5) to Commercial Low with an
underlying 5 units per acre (CL/5) on 17.78 acres, and
Commercial Low Office with an underlying 5 units per acre
(CL-O/5) on 8.12 acres. The site is located on the northeast
corner of Jog Road and Lake Ida Road.
E. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Consider a
request from the Joint Venture for special event approval for
the July 1, 1999, Art & Jazz, including temporary use permits
for street closures, staff support, use of City equipment, and
specified overtime costs.
F. GRANT AWARDS FOR HOUSING REHABILITATION CONTRACTS: Consider
approval of the following contracts: $17,775.98 to Dakota
Construction for 302 S.W. 2nd Street, $15,576.75 to Frank
Bouman Construction for 240 S.W. 14th Avenue, $19834.50 to
Craftsman Plus, Inc. for 707 S.W. 6th Street, and $25,341.75
to Abisset Corporation for 216 S.W. 8th Court, with funding in
the amount of $60,753.00 from 118-1924-554-49.19 (SHIP Housing
Rehab) and $17,775.98 from 118-1923-554-49.19 (HOME Housing
Rehab), for a total amount of $78,528.98.
G. RETIREMENT BENEFIT ENF~ANCEMENTS FOR RETIREES: Consider the
recommendations and provide direction on appropriate benefit
enhancements for retirees.
H. APPOINTMENT TO THE COM/~UNITY REDEVELOPMENT AGENCY: Appoint a
member to the Community Redevelopment Agency for a four (4)
year term ending July 1, 2003. The appointment will be made
by Commissioner Randolph.
I. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint a
resident member to the Delray Beach Housing Authority to fill
an unexpired term ending July 14, 2002. The recommendation
for appointment will be made by Commissioner Archer.
10. Public Hearings:
A. RESOLUTION NO. 29-99 (CRA REDEVELOPMENT REVENUE BONDS):
Consider approval of a resolution authorizing the Community
Redevelopment Agency of the City of Delray Beach to issue
Redevelopment Revenue Bonds in the principal amount not to
exceed Four Million Seven Hundred Thousand Dollars
($4,700,000).
B. TRANSFER OF PROPERTY TO HABITAT FOR HUMANITY: Consider
approval and acceptance of a quit-claim deed transferring a
City-owned parcel of land at 333 N.W. 4th Avenue to Habitat
for Humanity of Boca-Delray.
C. ORDINANCE NO. 17-99 (FIRST READING/FIRST PUBLIC HEARING): An
ordinance amending LDR Sections 4.3.4(H) (6)&(K); 4.4.9(F)&(H);
and 4.4.10(F) regarding building and landscape setback
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Regular Commission Meeting
June 1, 1999
requirements along the Federal Highway corridor. If passed, a
second public hearing will be scheduled for June 15, 1999.
11. Comments and Inquiries on Non-Agenda Items from the Public-
Immediately following Public Hearings.
A. City Manager's response to prior public comments and inquiries.
B. Prom the Public.
12. First Readings:
A. ORDINANCE NO. 18-99: An ordinance amending Chapter 51,
"Garbage and Trash", Section 51.70, "Regular Charges Levied",
of the City Code to reduce the rates charged by BFI for
garbage and trash collection services for customers using
commercial carts. If passed, a public hearing will be
scheduled for June 15, 1999.
B. ORDINANCE NO. 19-99 (CITY-INITIATED REZONINGS ASSOCIATED WITH
THE NORTH FEDERAL HIGHWAY REDEVELOPMENT PLAN): An ordinance
rezoning nine parcels of land from RM (Multiple Family
Residential- Medium Density) to RL (Multiple Family
Residential - Low Density) in conjunction with the adopted
North Federal Highway Redevelopment Plan. The subject
properties are located south of Lake Avenue South between U.S.
Highway No. 1 and N.E. 8th Avenue, and contain 2.49 acres. If
passed, a quasi-judicial public hearing will be scheduled for
June 15, 1999.
13. Comments and Inquiries on Non-Agenda Items.
A. City Manager
B. City Attorney
C. City Commission
14. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: Tate
v. City of Delray Beach and Lake Worth Drainage District.
Attendees: Mayor Jay Alperin
Commissioner Patricia Archer
Commissioner David Randolph
Commissioner David Schmidt
Commissioner Michael Wright
City Manager David Harden
City Attorney Susan Ruby
Bill Doney, Esquire (lawyer for the City)
A certified court reporter
Purpose: Discuss settlement negotiations and strategy
related to litigation expenditures in the
referenced case.
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CITY OF DELRAY BEACH
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SIGN IN SHEET
CITY COMMISSION MEETING OF ~ ~
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WHEREAS, Code Enforcement Officers provide for the safety, health and
welfare of the citizens in this community through the enforcement of building,
" zoning, housing, animal control, fire safety, environmental and other codes and
ordinances; and
WHEREAS, Code Enforcement Officers are often not credited for the jobs
that they do in improving neighborhoods; and
WHEREAS, every day, assisted by support and program staff, they attempt
to probide quality customer service to the public for the betterment of the
community; and
WHEREAS, too many times their efforts go unnoticed, even after code
compliance has been accomplished due to their efforts and expertise; and
WHEREAS, Code Enforcement Officers are dedicated, well-trained, and
highly responsible individuals who take their jobs seriously and are proud of their
department and the local government within which they serve; and
WHEREAS, the Florida Association of Code Enforcement, Inc. (F.A.C.E.)
has declared the third week of June be set aside by local government to honor and
recognize their Code Enforcement Officers.
NOW, THEREFORE, I, day Alperin, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission, do hereby proclaim dune 21st through
June 25, 1999 as
CODE ENFORCEMENT OFFICERS' APPRECIATION
WEEK
in Delray Beach, Florida, in accordance with the state-wide observance of the
same and encourage all citizens of the City of Delray Beach to join this
Commission in expressing appreciation for the dedication and outstanding service
provided by the individuals who serve as our Code Enforcement Officers.
IN WITNESS WHEROF, I have hereunto set my hand and caused the
Official Seal of the City of Delray Beach, Florida, to be affixed this 1st dayof
June, 1999.
Jay Alperin
Mayor
- 5 CE ' MARCH. 1999
PROCLAMATION .
WHEREAS Code Enforcement Officers provide for the safety, health and welfare of'
the-citizens ~n this community through the enforcement of building, zoning, housing,
animal.control, fire safety; environmental and other codes and ordinances; and
WHEREAS, Cede Enforcement Offices are often not credited for the jobs that they do
in saving lives and improving neighborhoods, as are emergency personnel such as
police fire, and emergency medical services; and
WHEREAS, every day, assisted by support and program staff, they attempt to provide
quality customer si~rvice-to the publicqor t.he betterment of the community; and
WHEREAS, too many times their efforts go unnoticed, even after code Compliance
has been accomplished due to their efforts and expertise; and,-
WHEREAS,-Code Enforcement. Officers are dedicated, well trained, and highly
responsible individuals who take their jobs seriously and are proud of their department
and the local government within which they ,serve; and
WHEREAS, the Florida Association of Code Enforcement (F.A.C.E.) has declared the
fourth Week of June be set aside by local government to honor and recognize their
Code Enforcement Officers; _
'NOW THEREFORE, through the authority vested in me by the Commissioners/Council
of
, Florida, i (fo hereby proclaim the week of June 21' - 25, 1999
as
CODE ENFORCEMENT OFFICERS' APPRECIATION
'.WEEK
in (City/County) Florida, in accordance with the.
state-wide observance of 'the same ' and , encourage citizens of
(City/County), to ,,join this'. Council/commission in
expressing appreciation for the dedication and outstanding service provided by the
individuals who serve as our Code Enforcement Officers.
Duly proclaimed and adopted in regular session this day of
A.,D..1999.
BOARD OF CITY COUNCIL/COUNTY COMMISSIONERS
JOB LINE... JOB LINE... city or county. Be sure and bring CERTIFICATION
a copy of the'official document EXAMINATIONS
Sarasota County is seeking for display at the conference.
applicants for the position of Examinations are under the
Code Compliance Inspector. control of, and monitored by,
Required: high school/GED at CLASS SCHEDULES AND Professional Testing Service,
least three years' work CONTACTS ,Inc.
experience. Salary: $22,470.-
f
33,766. Incentive pay of $1,125 EDISON COMMUNITY The fee for the examinations is
for each F.A.C.E Certification COLLEGE ' $60 if received two weeks before
Level, including CEP. Apply to Fort Myers, Joanne Hartke the date of the examination, $95'
HR Dept at 941.951.5261 or E- 941.489.9226 after that date, and $95 for non:
mail to apply@co.sarasota.fl.us, members. Refunds, less a $15
Call for schedule, administrative .fee, are given if
cancellation is received at least
.FACENEWS three days prior to the exam.
FLORIDA ATLANTIC
Jimette Cook is now the Code UNIVERSITY
Enforcement Manager for Winter Boca Raton, Ann Cannon EXAM SCHEDULE;
Sp.rings. Thom Costello is now 561.297.3185
at Cocoa Beach. Bill Friday, March 26
Gindlesperger is now at Lake Level I April 12 - 16 1:30 p.m. - 3:30 p.m.
Wales.- Tammy Tucker of Level II. May 10- 14 University of Central Florida,
Oakland Park-is now Tammy Orlando.
Rippelmeyer, Robert Taylor is
now at Davie. 'UNIVERSITY OF CENTRAL Saturday, April 17
FLORIDA 8:00 a.m. - 10:00 a.m.
A, comment from one of the ' Orlando, Leecie Doyle Florida Atlantic University,
recent Level III classes: , 407.317.7745 Fort Lauderdale
"Legal representation in the city
has always been done by our Level II May 3 ~ 7 Saturday, May 8
10:00 a.m. - 12 Noon
attorney. Thursday night wilrbe
the first time the City will operate University of Central Florida,
· Orlando.
according to !62,5(5)." UNIVERSITY OF NORTH
FLORIDA Saturday, May 15
Does your jurisdiction use the Jacksonville, Sarah Monroe 8:00 a.m. - 10:00 a.m
notice to appear on its citation 904.620.2844 FloridaAtlantic University,
form? Please send any policies, Fort Lauderdale ,
procedures, or forms to F.A.C.E. Call for sc. hedule.
at, P.O.Box 560684 Orlando 'FL
32856-0684.
UNIVERSITY OF SOUTH
We are also repeating our call FLORIDA
for information from jurisdictions Tamp~ Ginny Roo-Harrell RECERTIFICATION IS
which use the hearing 813.974.2345 REQUIRED EVERY TWO
officer/Special master process. YEARS AFTER FIRST BEING
Send any information to the Call for schedule. CERTIFIED
above address.
, In order to remain certified, Code
Code Enforcement Week. UNIVERSITY OF WEST Enforcement officers mustattend
Traditionally, F.A.C.E. has asl~ed FLORIDA 16 hours of continuing education
local jurisdictions to recognize Fort Walton Beach, Bill P. eebles classes dudng every~two year
their CodeEnforcementOfficers 850.863.-6593 period after they were first
in June. The Proclamation on certified, or re-certified. (An
the preceding page is a sample Call for schedule, affidavit .of certification is on
of what can be adopted by your page nine of this newsletter.)
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~ '- REGULAR MEETING OF JUNE 1, 1999
RESOLUTION NO. 36-99
DATE: MAY 12, 1999
This is a resolution assessing costs for nuisance abatement
action required for the emergency board-up of an unsafe structure
located at 230 S.W. 3rd Avenue.
The resolution sets forth the actual costs incurred and provides
the mechanism to attach a lien against the property in the event
the assessment remains unpaid.
Recommend approval of Resolution No. 36-99.
S/CityClerk/Res. 36-99
RESOLUTION NO. 36-99
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS",
OF THE LAND DEVELOPMENT REGULATIONS 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
A_ND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF
THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON
THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Article 7.8 of the Land Development Regulations, 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 Article 7.8 and
those Codes adopted in Chapter 96 of the Code of Ordinances; and,
WHEREAS, pursuant to Article 7.8 of the Land Development
Regulations 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
Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the
respective owner(s) of the land(s) described in the attached list with
written notice of unsafe building and detailed report of conditions and
notice to vacate as the Building Official determined that the building was
manifestly unsafe and is considered a hazard to life and public welfare
pursuant to Article 7.8 of the Land Development Regulations, describing the
nature of the violations and sent notices that the building was to be vacated
and that the building was to be repaired or demolished; work must be begun
within sixty (60) days and all work must be completed within such time as the
Building Official determines, said notice also advised that all appeals must
be filed within thirty (30) days from the date of service of the notice and
failure to file an appeal or to make the repairs required that the Building
Official would have the authority to have the building demolished from the
date of the said notice; and,
WHEREAS, all the notice requirements contained within Article 7.8
have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals or
corrective action was undertaken in accordance with the order of the Chief
Building Official; therefore pursuant to Article 7.8 of the Land Development
Regulations the Building Official caused the abatement action to be done;
and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant
to Section 7.8.11 of the Land Development Regulations of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred in
abating said condition as aforesaid, said report indicating the costs per
parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach, pursuant
to Article 7.8 of the Land Development Regulations desires to assess the cost
of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of
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) indicated thereon. Said
assessments so levied shall, if not paid within thirty (30) days after
mailing of the notice described in Section 7.8.11 become a lien upon the
respective lots and parcel(s) of land described in said report, of the same
nature and to the same extent as the lien for general city taxes and shall be
collectible in the same manner and with the same penalties and under the same
provisions as to sale and foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and binding
obligations upon the property against which said assessments are levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such ownership
appears upon the records of the County Tax Assessor, notice(s) that the City
Commission of the City of Delray Beach has levied an assessment 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 property, and interest will accrue at
2
Res. No. 36-99
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 received by
the City Clerk within thirty (30) days after the mailing date of the notice
of assessment, the City Clerk is hereby directed to record a certified copy
of this resolution in the public records of Palm Beach County, Florida, and
upon the date and time of recording of the certified copy of this resolution
a lien shall become effective on the subject property which shall secure the
cost of abatement, interest at the rate of 6%, and collection costs including
a reasonable attorney's fee.
PASSED AND ADOPTED in regular session on this the day of
MAYOR
ATTEST:
City Clerk
3
Res. No. 36-99
CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
TO: Robert L. and An~ela D. Burns
ADDRESS: 2578 Lake Ida Road, Delray Beach, Fi 33445
PROPERTY: 230 SW 3rd Avenue. Delrav Beach. F1 33444
LEGAL DESCRIPTION: fln,,th 75 fe~t of the East Half of the North 150 feet
Page 3 of the official records of Palm Beach County, Fl.
You, as the record owner, of, or holder of an interest in, the above described property
are hereby advised that a cost of $675.14 .by resolution of the City
Commission of the City of Delray Beach, Florida, dated ,
19 , has been levied against the above described property.
The costs were incurred as a result of an abatement action regarding the above
described property. You were given notice on 4-15-99 that the Chief
Building Official had determined that a building/structure located on the above
described property was unsafe. You were advised in that notice of the action that
would be taken to remedy that unsafe condition and that the action would be initiated
by the City if you failed to act.
x You failed to appeal the decision of the Chief Building Official to the
Board of Construction Appeals although you were informed of your right to an appeal
and of the procedures for obtaining an appeal. You have also failed to take the
corrective action required in the Notice of Unsafe Building/Structure.
You appealed the decision of the Chief Building Official to the Board of
Construction Appeals. You were given written notification on
that you were required to take the corrective action required by
the decision of the Board of Construction Appeals within a stated period of time. You
failed to take the action as required by the order of the Board of Construction Appeals.
You appealed the decision of the Chief Building Official to the Board of
Construction Appeals on The Board of Construction upheld
the decision of the Chief Building Official.
4 Res. No. 36-99
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above described property on
4-19-99 at a cost of $675.]~ which includes a ten
percent (10%) administrative fee. If you fail to pay this cost within thirty
(30) days, that cost plus additional/administrative and recording costs
shall be recorded in the official Records of Palm Beach County, Florida
against the above described property.
THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR
FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME
MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER
TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE
OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND
REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH
GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS
AND ENCUMBRANCES, INCLUDING MORTGAGES.
Copies of all notices referred to in this notice are available in the office of the Chief
Building Official.
BY ORDER OF THE CITY COMMISSION
City Clerk
5 Res. No. 36-99
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM #~- REGULAR MEETING OF JUNE 1~ 1999
RESOLUTION NO. 37-99
DATE: MAY 26, 1999
This is a resolution assessing costs for abatement action required
to remove nuisances on twenty (20) properties throughout the City.
The resolution sets forth the actual costs incurred and provides the
mechanism to attach liens against the properties in the event the
assessments remain unpaid.
Recommend approval of Resolution No. 37-99.
s/city Clerk/Res. 37-99
RESOLUTION NO. 37-99
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON
CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING
THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT~
SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES~
PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON
ASSESSMENTS~ PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND
DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID
ASSESSMENTS.
WHEREAS, the City Manager or his designated representative has, pursuant to
Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon
certain lots or parcels of land, described in the list attached hereto and made a part
hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances~ and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of
Ordinances of the City of Delray Beach, the City Manager or his designated
representative has inspected said land(s) and has determined that a nuisance existed in
accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and
did furnish the respective owner(s) of the land(s) described in the attached list with
written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the
Code of Ordinances describing the nature of the nuisance(s) and sent notice that within
ten (10) days from the date of said notice forty-two (42) days in the case of violation
of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a
written request for a hearing to review the decision that a nuisance existed within ten
(10) days from the date of said notice, 'failing which the City of Delray Beach would
proceed to correct this condition by abating such nuisance, and that the cost thereof
would be levied as an assessment against said property~ and,
WHEREAS, the property owner(s) named in the list attached hereto and made a
part hereof did fail and neglect to abate the nuisance(s) existing upon their
respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22
within the time limits prescribed in said notice and Chapter 100 of the Code of
Ordinances, or if the property owner(s) did request and receive a hearing, said
property owner(s) failed and/or neglected to abate such nuisance(s) within the time
designated at the hearing wherein a decision was rendered adverse to the property
owner(s)~ and,
WHEREAS, the City of Delray Beach, through the City Administration or such
agents or contractors hired by the City Administration was therefore required to and
did enter upon the land(s) described in the list attached and made a part hereof and
incurred costs in abating the subject nuisance(s) existing thereon as described in the
notice~ and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant to
Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the
City Commission a report of the costs incurred in abating said nuisance(s) as
aforesaid, said report indicating the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach, pursuant to
Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s)
against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown by the
report of the City Manager of the City of Delray Beach, involving the City's cost of
abating the aforesaid nuisances upon the lots or parcels of land described in said
report, a copy of which is attached hereto and made a part hereof, are hereby levied
against the parcel(s) of land described in said report and in the amount(s) indicated
thereon. Said assessments so levied shall, if not paid within thirty (30) days after
mailing of the notice described in Sec. 3, become a lien upon the respective lots and
parcel(s) of land described in said report, of the same nature and to the same extent
as the lien for general city taxes and shall be collectible in the same manner as
mortgages and foreclosures are under state law.
Section 2. That such assessments shall be legal, valid and binding
obligations upon the property against which said assessments are levied.
Section 3. That the City Clerk of the City of Delray Beach is hereby
directed to immediately mail by first class mail to the owner(s) of the property, as
such ownership appears upon the records of the County Tax Assessor, notice(s) that the
City Commission of the City of Delray Beach on the has levied
an assessment against said property for the cost of abatement of said nuisance by the
City, and that said assessment is due and payable within thirty (30) days after the
mailing date of said notice of assessment, after which a lien shall be placed on said
property, and interest will accrue at the rate of 8% per annum, plus reasonable
attorney's fees and other costs of collecting said s,,m-. A Notice of Lien shall be
mailed, along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty (30) days
from the date of adoption and the assessment(s) contained herein shall become due and
payable thirty (30) days after the mailing date of the notice of said assessment(s),
after which a lien shall be placed on said property(s), and interest shall accrue at
the rate of eight (8) percent per annum plus, if collection proceedings are necessary,
the costs of such proceedings including a reasonable attorney's fee.
Section 5. That in the event that payment has not been received by the City
Clerk within thirty (30) days after the mailing date of the notice of assessment, the
City Clerk is hereby directed to record a certified copy of this resolution in the
public records of Palm Beach County, Florida, and upon the date and time of recording
2
Res. No. 37-99
of the certified copy of this resolution a lien shall become effective on the subject
property which shall secure the cost of abatement, interest at the rate of 8%., and
collection costs including a reasonable attorney's fee.
PASSED AND ADOPTED in regular session on this the
,1999.
MAYOR
ATTEST:
City Clerk
3
Res. No. 37-99
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION i OWNER ASSESSMENT
TOWN Of DELRAY, W 50 ft Of E 200 FT OF S 135
FT OF S 1/2 OF BLOCK 22, PB 10, P 38, PUBLIC il JOHNNIE MARTIN, JR.
RECORDS OF PALM BEACH COUNTY, FL 11215 SW 7TH AVENUE
515 SW 2ND STREET) DELRAY BEACH, FL 33444 $ 75.00
$ 70.00 ADM. FEE
)ELL PARK, LoTs 3 & 4, BLOCK 8, PB 8, P 56, !RICHARD A. COURT, EST.
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 1525 WEST 1600 NO.
(1012 NE 3RD AVENUE) MAPLETON, UT 84664-334 $ 49.00
$ 70.00 ADM.FEE
ATLANTIC PARK GARDENS, DELRAY, LOT 17,
BLOCK 1, PB 14, P 63, PUBLIC RECORDS OF PALM ERSKINE HEPBURN
BEACH COUNTY, FL 126 SW 7TH AVENUE
37 NW 13TH AVENUE) DELRAY BEACH, FL 33444 $ 83.00
$ 70.00 ADM.FEE
BEATRICE L. BAFUMO &
)ELRAY SHORES, LOT 11, BLOCK 3, PB 24, P 233, R.J. BAFUMO, EST
PUBLIC RECORDS OF PALM BEACH COUNTY, FL :596 ANGLER DRIVE
596 ANGLER DRIVE) DELRAY BEACH, FL 33445 $ 45.00
[ $ 70.00 ADM. FEE
IEFFERSON MANOR, LOT 32, PB 24, P 150, PUBLIC '~ LEONARD C. BRYANT
RECORDS OF PALM BEACH COUNTY, FL ~645 ENFIELD COURT
1331 PROSPECT STREET) DELRAY BEACH, FL 33444 $ -
, $ 70.00 ADM. FEE
kTLANTIC PARK GARDENS, DELRAY, LOT 19, j
BLOCK 2, PB 14, P 56, PUBLIC RECORDS OF PALM !i
BEACH COUNTY, FL !J. D. & EARLINE MONROE
39 SW 13TH AVENUE) Ii 32 EARLE STREET
tlHARTFORD, CT 06120 $ 60.00
r~ $ 70.00 ADM. FEE
Res. No.37-99
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
MARIA DELACONCEPCION
VILLA TOLEDO
SOUTHRIDGE, LOT 29, BLOCK 2, PB 13, P 38, AVEIDA PAEL PARAISO
PUBLIC RECORDS OF PALM BEACH COUNTY, FL CARACAS, VENEZUELA 00038
321 STERLING AVENUE) $ 70.00
$ 70.00 'ADM FEE
;ARVER MEMORIAL PARK SUB, LOT 2, BLOCK A, i JULIA SIMMS
PB 20, P 56, PUBLIC RECORDS OF PALM BEACH, FL !204 NW 13TH AVENUE
204 NW 13TH AVENUE) DELRAY BEACH, FL 33444 $ 78.00
$ 70.00 ADM. FEE
' ENRIIQUE C. RAMOS
3UNSET PARK DELRAY, LOT 51, PB 12, P 65, AMPARO RAMOS
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 1015 SW 2ND AVENUE
1015 MANGO DRIVE) DELRAY BEACH, FL 33444 $ 51.00
$ 70.00 ADM. FEE
:)DMANNS SUB, LOT 21 (LESS 1-95 R/W) & LOT 22,
BLOCK 1, PB 4, P 53, PUBLIC RECORDS OF PALM DEIN P. SPRIGGS
BEACH COUNTY, FL .3200 NO. FEDERAL HWY # 128
19 NW 14TH AVENUE) BOCA RATON, FL 33431 $ 69.00
$ 70.00 ADM. FEE
:)ELL PARK, LOT 9, BLOCK 5, PB 8, P 56, DAVID LIEVANO
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 250 NE 12TH STREE
250 NE 12TH STREET) DELRAY BEACH, FL 33444 $ 52.00
$ 70.00 ADM. FEE
FOWN OF DELRAY, LOTS 46 & 47, PB 13, P 18, !'~ BARBARA POTTS
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 812 SW 3RD COURT
210 SW6TH AVENUE) DELRAY BEACH, FL 33444 $ 119.00
$ 70.00 ADM. FEE
Res. No.37-99
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION , OWNER ASSESSMENT
i HATTIE L. HARDWICK ESTATE
WEST SIDE HEIGHTS, DELRAY, LOT 4, BLOCK C iC/O G. QUAIL
PB 13, P 61, PUBLIC RECORDS OF PALM BEACH PO BOX 7043 FRD STATION
COUNTY i': NEW YORK, NY 10150-1908
37 NW 10TH AVE) i
~ $ 70.00
~ $ 70.00
"OWN OF DELRAY, LOT 19, BLOCK 69, (OLD ~I
SCHOOL SQUARE HISTORIC DISTRICT) PB 2, P 43, iMICHAEL & RADA STRAUSS
PUBLIC RECORDS OF PALM BEACH COUNTY, FL IP. O. BOX 2464
30 SE 1ST AVENUE) : DELRAY BEACH, FL 33447 $ 72.00
j. $ 70.00 ADM. FEE
I='EMANUEL HARRISON &
! LUCILLE HARRISON
)DMANNS SUB, LOT 18, BLOCK 4, PB 4, P 53, ;CIO LEROY HARRISON
PUBLIC RECORDS OF PALM BEACH COUNTY, FL i321 ROSS DRIVE
40 SW 13TH AVENUE) !DELRAY BEACH, FL 33445 $ 52.00
$ 70.00 ADM. FEE
;UB OF SEC 20-46--43, SE 1/4 OF LOT 12 (LESS W ?
173 FT S 25 FT SW 10TH STREET & E 25 FT & RET ,
CURVE AREA SWINTON AVENUE RNVS, PB 28, P 68, i MIGUEL HERNANDEZ
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 7200 MILLER ROAD
(SW 10TH STREET) MIAMI, FL 33155-5502 $ 346.00
$ 70.00 ADM. FEE
DELRAy SHORES, LOT 25, BLOCK 2, PB 24, P 233 SEC'Y. HOUSING & URBAN DEV.
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 1320 SO. DIXIE HIGHWAY
575 ANGLER DRIVE) CORAL GABLES, FL 33146-2926 $ 111.00
t ~ $ 70.00 ADM. FEE
)ELRAY SHORES 1ST ADD, LOT 18, BLOCK 15 ! EMIGRANT SAVINGS BANK
PB 24, P 233, PUBLIC RECORDS OF PALM BEACH ~,iC/O PRES PH LIP E NSTEIN
FL IS.E. 42ND STREET
COUNTY,
2655 DORSON WAY) iNEWYORK, NY 10017-6904 , $ 34.00
I: $ 70.00 ADM. FEE
6
Res. No.3 7-99
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
ATLANTIC GARDENS DELRAY, LOT 6, BLOCK 6,
'PB 14. P 63, PUBLIC RECORDS OF PALM BEACH 'VERONICA K. COVINGTON
ICOUNTY, FL 110450 TARA BLVD. WEST
(121 & 123 SW 12TH AVENUE) !:BOYNTON BEACH, FL 33437 $ 49.00
$ 70.00 ADM. FEE
DELRAY SHORES, LOT 4, BLOCK 7, PLAT BOOK,
PB24, PG 233, PUBLIC RECORDS OF PALM BEACH ROY R. WILBURN
COUNTY, FL i2566 DORSON WAY
!(2566 DORSON WAY) ! DELRAY BEACH, FL 33445
~ $ 56.00
$ 70.00 ADM. FEE
VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING
HAZARDS; DECLARED NUISANCE.
Res. No. 3 799
CITY OF DELRrlY BEACH
CITY ATTORNEY'S OFFICE
TELEPHONE 56I '243-709,'t - FACSIMILE 561/278-4755
DELRAY BEACH Writer's Direct Line: 561/243-7091
MEMORANDUM
Ail. America C~
']18'' DATE: May26, 1999
TO: City Commission ~
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Developers Agreement with John Frysinger
This proposed agreement is being brought to the Commission at this time in order to
allow the Developer, John Frysinger, to pay to the City $2,500.00 as his share of the
cost of alley improvements. (See Exhibit "A" to the agreement for the location of the
alley abutting the Developer's property). The Developer's property is between S.E. 4th
Avenue and the alley. Approximately 100 feet of the alley is unpaved while another 200
feet has some sort of paving but that will be repaved in accordance with City standards.
The Developer plans on taking his primary access from the development onto the alley.
Pursuant to the City's Land Development Regulations a developer must provide paved
access to their development.
The CRA will also contribute $5,000.00 to the cost of paving the alley. The amount
contributed by the Developer and the CRA will pay the cost of paving the remaining 100
feet of the alley. The City will pay for the repaying of the 200 feet of existing paved
alley.
By copy of this memorandum to David Harden, our office requests that this item be
placed on the June 1, 1999 City Commission agenda. Please call if you have any
questions.
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
Randal Krejcarek, City Engineer
DEVELOPER'S AGREEMENT
THIS AGREEMENT entered into this day of ,19__,
by and between, the CITY OF DELRAY BEACH, a Florida municipal corporation,
(hereinafter referred to as CITY) and JOHN L. FRYSINGER (hereinafter referred to
as DEVELOPER), provide as follows:
WHEREAS, the DEVELOPER owns property that abuts an unpaved alley,
see Exhibit "A"; and
WHE~UEAS, the DEVELOPER wishes to construct five (5) single family
homes on his property and take access off of the alley; and
WHEREAS, the CITY has plans to construct approximately 300 lineal feet of
the alley at a cost of $23,955.00; and
WHEREAS, the DEVELOPER has agreed to contribute $2,500.00 to the
CITY as its portion of constructing the alley.
NOW, THEREFORE, in consideration of the mutual covenants and
undertakings set forth herein and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the DEVELOPER and CITY hereby
agree as follows:
1. The above-stated recitals are incorporated herein as if fully set forth
herein.
2. DEVELOPER, shall pay to the CITY a sum of $2,500.00 prior to the
CITY commen6ing construction of the alley. The DEVELOPER shall pay the sum of
$2,500.00 to the CITY within 15 days of the execution of this Agreement by the
CITY.
3. If the CITY fails to construct the alley improvements as a result of the
DEVELOPER'S failure to pay the sum of $2,500.00 to the CITY, and damages are
claimed against the CITY by its Contractor, then the DEVELOPER shall become
liable for the payment of any damages claimed against the CITY by its Contractor up to
$2,500.00.
4. Any claims, lawsuits or disputes that may arise under this Agreement
shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida.
5. This Agreement constitutes the entire agreement and understanding of
the parties, as it pertains to the construction of the alley. There are no representations
or understandings of any kind not set forth herein. Any amendments to this Agreement
must be in writing and executed by both parties.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement
as of the day and year f~rst above written.
ATTEST: CITY OF DELRAY BEACH
By:
City Clerk Mayor, Jay Alperin
.~.,~roved as t6~,c~orm:
City Attorney
WITNESSES: DEVELOPER
(Na~e Pri~8 ~r TyPea)
(N~ Printed Or Typed)
2
STATE OF FL'DP_IDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this /~/ day of
~,'~.q/ 199~ by ~,;,,a 4. ~-~-;~co¢.4' He/She is
persorfally known to me or has produced '~i-D~. &,'ca_ as
identification. F~S- ¢?o2-o~- ~:'//- o
Signatu~of Not~
P~l~c
~~ ~res gOg 28, ZOO
of Florida ";~,~ ~.9~o ~u. ~
CITY DF DELI:lAY BEACH
CITY ATTORNEY'S OFFICE ~oo ~w ~ ^,~.~. ~.,^.~ ~^~.~ ~o~,~^ ~..
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct L~e: (561) 243-7~
~5~a Ci~ ~MO~~
.ay , 999
~993
TO: Ci~ Co~ssion
FROM: Jay T. J~beck, Assismm City Attome~
S~JECT: Renewal of Lice~e Agreemem.
Attached hereto is an ~endmem to a Lice~e Agreemem be~een ~e Ci~ and
the Delray Beach Academy for use of various facilities at Pompey Park for ~e operation
of a Cheer School. The ~endmem will extend ~e te~, which beg~ on Janua~ 15,
1999 and ended on June 15, 1999, by one year ending upon June 15, 2~.
Please place t~s item on ~e co,em agenda for ~e June 1, 1999 City
Co~ssion meeting. Do not hesitate to contact me if you should have any questiom.
cc: David T. H~den, Ci~ Manager
Alison MacGregor H~, City Clerk
Joe Weldon, D~ector of Parks/Recreation
AMENDMENT TO LICENSE AGREEMENT
This Amendment to License Agreement is made and entered into in triplicate this
15th day of June, 1999 (the effective date) by and between the City of Delray Beach, a
Florida Municipal Corporation (City), and Delray Beach Academy, Inc., a Florida not-for-
profit Corporation (DBAI).
WITNESSETH:
WHEREAS, the City and DBAI entered into a License Agreement beginning upon
January 15, 1999 and expiring on June 15, 1999 (Attached hereto as Exhibit "A"); and,
WHEREAS, the DBAI requests an extension of the license term; and,
WHEREAS, the City Commission has determined that such extension serves a public
purpose in encou;aging the education and development of the City's youth.
NOW, THEREFORE, in consideration of the promises and covenants set forth herein,
the parties agree as follows:
1. Recitations. That the recitations set forth above are hereby incorporated as if fully
set forth herein.
2. Term. The License Agreement as amended shall expire June 15, 2000.
3. Incorporation. All other terms and conditions of the License Agreement entered
into by the parties in January of 1999 shall be deemed incorporated herein and binding on the
parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to
License Agreement on the date first above written.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk MAYOR
Approved as to FOrm and
Legal Sufficiency:
City Attorney
WITNESSES: , DELRAY BEACH ACADEMY, INC.
(Type or Print Name)
(Corporate Seal)
(Type or Print Name)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of
, 1999 by (name of officer or
agent, title of officer or agent), of (name of corporation
acknowledging), a (state or place of incorporation) corporation, on
behalf of the corporation. He/she is personally known to me/or has produced
(type of idemification) as identification.
LICENSE AGREEMENT FOR USE OF POMPEY PARK
THIS AGREEMENT ("The Agreement") is made this ~day of/~//./_~,
199~r- by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation
(the "City"), and DELRAY BEACH ACADEMY, INC., a Florida not-for-profit
corporation ("DBAI").
WITNESSETH:
WHEREAS, DBAI has requested use of the auditorium at Pompey Park for
establishing and running a Charter School for approximately 60-80 students, granted to DBAI
pursuant to Section 228.056, Florida Statutes and by agreement with the Palm Beach County
School Board; and
WHEREAS, DBAI seeks to establish the Charter School to identify and recover at risk
youth by custom-designing a curriculum that strives to increase their academic achievement
and encourages students to become informed and productive citizens; and
WHEREAS, DBAI requires a temporary location for the Charter School until such time
as more permanent facilities can be procured; and
WHEREAS, the City has determined that the auditorium at Pompey Park is available
for use by DBAI during the hours of 7:30 a.m. to 2:00 p.m., Monday through Friday for a
term beginning January 15 and ending June 15, 1999; and
WHEREAS, DBAI has stated that the Charter School will not adversely affect the
City's operations conducted at Pompey Park.
NOW THEREFORE, in consideration of the sum of One Dollar ($1.00), the mutual
covenants and conditions contained in this Agreement, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereby agree as follows:
1. Incorporation of Recitals. The parties hereby represent and warrant that the
above recitals are accurate and correct and the recitals are hereby incorporated as if fully set
forth in this Agreement.
EXHIBIT "A"
2. Auditorium at Pompey Park. The City agrees to allow DBAI to use the
auditorium at Pompey Park and other facilities as agreed to herein for the sum of one (1) dollar
and solely for the purpose of operating a Charter School for the term of this Agreement.
3. City's Use of Facilities. In the event that the City requires use of any facilities
associated with Pompey Park during the time period in which DBAI is entitled to their use, the
City shall endeavor to notify DBAI within a reasonable time prior to the City's required use
and DBAI shall temporarily vacate the auditorium or refrain from using a particular facility for
the time period required by the City. However, during such period of use by the City, DBAI
shall be allowed to use facilities at Pompey Park to which it is entitled to use under this
Agreement so long as the use does not conflict with use by the City and is approved by the
Supervisor of Pompey Park.
4. Cancellation of Agreement. The City reserves the right to revoke this license
with thirty (30) days written notice in the event that DBAI materially fails to comply with the
provisions of this Agreement, including but not limited to compliance with all laws, roles and
regulations, or in the event that DBAI's Charter is revoked,
5. Term of Agreement. The term of this Agreement shall begin upon January 15,
1999 and shall end upon June 15, 1999, subject to the termination rights of the City set forth at
paragraph 4 of this Agreement. DBAI shall be entitled to use the auditorium and facilities as
set forth in paragraph 6 between 7:30 a.m. and 2:00 p.m., Monday through Friday, excluding
legal Holidays as determined by the Palm Beach County School Board, and subject to the
City's use of the facilities as set forth at paragraph 3 and the general restrictions of this
Agreement.
6. DBAI's Use of Facilities. During the time period in which DBAI is entitled to
use the auditorium facilities, and subject to the other provisions of this Agreement, DBAI shall
be entitled to use of the auditorium proper, as well as the following facilities:
(A) Kitchen Facilities. DBAI may use the kitchen facilities associated with
the auditorium. However, DBAI shall use the kitchen facilities only to warm pre-
cooked food. DBAI shall restore the kitchen facilities to a state of reasonable
cleanliness after each use.
(I~.) Parking Facilities. DBAI shall be granted space in the Pompey Park
parking lot for up to six (6) vehicles. If DBAI requires parking to accommodate more
than six (6) vehicles, DBAI must have the written consent of the City prior to parking
such vehicles in the Pompey Park parking lot.
(C) Pool Facilities. DBAI may use the pool facilities located adjacent to the
auditorium upon approval by the Supervisor of Pompey Park at times mutually
agreeable to both parties. The City shall provide lifeguard services.
(D) Other Recreational Facilities. DBAI may use other recreational facilities
located at Pompey Park during the time period set forth in this Agreement so long as
the particular recreational facility is not being used by the City at the time DBAI desires
use of the facility and after approval is obtained by the Supervisor of Pompey Park. If
a conflict arises, DBAI shall use alternate facilities.
7. Bicycle Facilities. DBAI may install bicycle parking facilities in an area
adjacent to the auditorium. However, DBAI must obtain the prior written consent of the City
as to the location and number of bicycle parking facilities to be installed. At the expiration of
the term, DBAI shall remove the bicycle parking facilities and restore the location to its
original condition. However, if the City determines that the bicycle parking facilities shall
remain at Pompey Park then the City shall notify DBAI no less than thirty (30) days prior to
the end of the term of this Agreement that the bicycle parking facilities shall remain at the
designated site. After receiving such notification, DBAI shall not remove the bicycle parking
facilities.
8. Janitorial Services. DBAI shall, at its own expense, provide janitorial services
to maintain the auditorium proper, the kitchen facilities and all other areas consistently used by
DBAI, in a condition of reasonable cleanliness and shall pick up all litter and debris that results
from DBAI's use of any facility within Pompey Park. The City shall provide regular janitorial
services for all other areas at Pompey Park.
9. Telephone Services. If DBAI desires telephone services, .DBAI shall have such
telephone services' installed and shall pay any and all expenses related to the installation,
service and maintenance of the telephone services, and the City shall not be held responsible
for any amount tl~ereof.
10. Equii}ment. Any equipment required or utilized by DBAI including, but not
limited to, tables, chairs, desks, blackboards, computers, monitors, and televisions, are the
sole responsibility of DBAI. DBAI shall be responsible for the repair or replacement of any
equipment it utilizes or provides, including the theft thereof. DBAI shall set up and take down
all equipment it ~tilizes in a manner so as to not interfere with any City activities. If any
equipment owned or utilized by DBAI is not taken down or is stored in a manner that
interferes with City activities, the City may require DBAI to place the equipment in an
appropriate storage area. In the event that DBAI fails to remove and store any equipment that
it owns, the City may undertake to store such equipment, and the City shall not be liable for
any damage or loss resulting to DBAI's equipment from such storage.
11. Security. The City shall provide no security services other than that which it
deems necessary to safeguard its facilities at Pompey Park. The City shall not be responsible
for providing security for any events or activities undertaken by DBAI or for any other reason
be required to provide security services to DBAI. DBAI shall provide all security services it
deems necessary to run a safe, orderly operation, but in no event shall DBAI install or cause to
be installed any security alarms or systems upon any facility within Pompey Park.
12. Da_mal~e to City Prol}erty. DBAI shall reimburse the City for expenses
incurred in replacing, repairing or restoring any City property damaged, destroyed or defaced
by DBAI, its agents, employees, or any other person associated with DBAI, including but not
limited to students and parents of students. Damage may include, but is not limited to, graffiti,
scratch marks, or carving marks.
13. Transportation. Any transportation services required by DBAI shall be
procured by DBA[. The City shall not provide vehicles for the use of DBAI.
14. No Other Services Required. Other than the facilities provided by the City, as
set forth in this Agreement, the City is not responsible for providing any other facilities,
services or supervision to DBAI.
15. Agreement does not Constitute Joint Venture. This Agreement is not
intended to constitute a joint venture between DBAI and the City. DBAI shall be considered
an entity wholly independent from the City for any purpose whatsoever and shall be considered
an independent contractor. No act undertaken or failure to act by DBAI shall be imputed to
the City for any reason.
16. Insurance. DBAI shall maintain insurance coverage as provided in DBAI's
Contractual Agreement with the Palm Beach County School District. DBAI shall name the
City as an additional insured on all policies of insurance.
17. Indemnification and Hold Har~nless Agreement. DBAI shall indemnify,
defend and hold harmless the City and its officers, agents and employees against any and all
claims, demands, suits or other forms of liability for any actions that arise solely out of or by
reason of the actions, omissions, intentional acts, or negligent acts of DBAI, its officers,
employees, agents, representatives or any other person associated with DBAI, including but
not limited to, students and parents of students.
18. Compliance with Laws. DBAI shall comply at all times with applicable
federal, state, coanty and municipal laws, rules and ordinances. Any violation thereof shall be
an independent cause for the termination of this Agreement by the City.
19. Bi~ading Effect. All of the terms and provisions of this Agreement shall be
binding upon, inure to thc benefit of, and be enforceable by, the parties hereto and their
respective heirs, successors, legal representatives, and permitted assigns.
20. Entire Agreement. This Agreement shall constitute the entire agreement of the
parties with respect to the subject matter of it. All prior understandings and agreements
between the parties with respect to such matters are merged into this Agreement, which alone
fully and completely expresses their understanding.
21. Amendments. This Agreement may not be amended, modified, altered, or
charged in any respect, except by a further agreement in writing duly executed by each of the
parties hereto.
22. Third Parties. Nothing in this Agreement, whether express or implied, is
intended to confer any rights or remedies under or by reason of this Agreement upon any
person other tha,-I the parties hereto and their respective heirs, successors, legal
representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or
discharge the obligation or liability of any third persons to any party to this Agreement, nor
shall any provision thereof give any third person any right of subrogation or action over or
against any party to this Agreement.
IN wITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed on their behalf this ~ day of ~~ , 199 ~ .
THE CITY OF DELRAY BEACH,
ATTEST: a Florida Mu~a~ ~Cor~~~
City Clerk
Approved as to form:
City~}tc~neL~y
STATE OF FLORIDA )
) SS:
COUNTY OR PALM BEACH )
The foregoing instrument was acknowledged before me this aO~:/L day of
, 199~ by Jay Alperin, as Mayor of the City of Delray Beach, a Florida
oration, on behalf of the corporation.
Notary Public
(OFFICIAL NOTARIAL SEAL) State and County Aforesaid
My Commission Expires: //-~17-~2~oZ~
DELRAY BEACH ACADEMY, INC.,
A FLORIDA NOT-FOR-PROFIT
qoe. eo vo
Name Printed: ~Jo~ ~o'e~
Title: ~'-~¢ c ec'b v'~ ~}~r~ c ~cL
(SEAL)
STATE OF FLORIDA )
) SS:
COUNTY OR PALM BEACH )
The foregoing instrument was acknowledged before me this ~_~gday of
~L'~c~,~, ~ ~y 3-o. G~ , ~.~ ~'~'¢,.-~,~: b~ o~
~}CaD ~ar.[, Aea4e%~, I~C. , a ~[O~t ~ co~oration, on behalf
of the corporation. ~'l~e(n ~sc ~ ~%~0
(OFFICIAL NOTARIAL SEAL) State and County Aforesaid
My Commission Expires:
~ FEB. 7,2001
I:ITY OF DELRI:IY BEI:II:H
CiTY ATTORNEY'S OFFICE~°° ~'"TM^'~' ~'^'~ ~^~"' ~°"~^
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
DELRAY BEACH
Ali.America City MEMORANDUM
~l]~llll! DATE: May 19, 1999
~ 993 TO: City Commission
FROM: Brian Shutt, Assistam City Attorney
SUBJECT: Acceptance of Utility Easemem from Blood's Hammock Groves
Mr. Blood has executed the attached Easement Deed for a 12' utility easement. The
easement is needed to extend water and sewer service to the Blood's Hammock Groves
property.
At this time, if the City Commission desires, it should accept the 12' utility easemem
from Mr. Blood. If you have any questions, please call.
RBS:smk
Attachment
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Barron Caronite, Assistant City Engineer
M~R-23-99 '{UE 09:26 M~CMILL~N & STANLEY F~X NO. GB12?B8881 P, 02
P~epared by: RETURN:
David N, Tolces, Esq. -.
Ci~ Attorney's Office
200 N.W, }st Avenue
Dehay Bench, Florida 33444
JA~ D. BLQQD ,
CI~ OF DEL~Y BEACH, ~LO~DA, a m~cip~ ~ora6on ~ P~m B~ Co~,
Slme of ~ lodd~ p~y of ~e se~nd p~:
~TNESSETH: ~at ~e p~y of ~e first p~ for ~d ~ co~ld~a~on of ~e s~ of
Ten (~10.00) Doll.s ~d o~er good ~d val~ble consld~Oom to it ~n ~d p~d by ~s s~d
p~ of ~e ~econd p~ the receipt of whi~ ~ hereby ac~owl~ged, d~ h~eby
b~gain, sell ~d ~l~e ~to ~e p~y of ~e second p~ i~ succe~o~ ~d ~i~, a right of
way ~d pe~l e~ement for ~e p~ose of: install~lon ~d ma~ten~ of public u~Hti~
~ full ~d ~ee ~ght, libe~y, ~d authority to enter u~n ~d to ins~l, op~te~ ~d ~n
such utili6es well ~der, across, ~ough ~d upon, over, ~d~r or ~in ~e follo~ng d~ctibed
ptope~y lo~t~ in Palm Beach Co~ty, Flotld~
See E~blt "A" attach~ hereto
Conco~t~t ~d ~exte~ive wl~ ~is 6Rht is ~e ~er right in ~e pray of ~e s~ond
p~, its successors ~d ~sig~. of in.ess ~d e~ess over ~d on
~bove, to eff~t ~e p~ses o[~e e~ement, ~ e~ptessed herei~er.
~mt ~s e~ement s~l be subject o~y to ~osc e~emen~, tes~i~6o~, ~d t~e~atio~
of ~cotd. ~t ~e p~ of ~e Fust p~ agrees to provide for
mo~ga~cs or lie~ enc~be~g ~s e~ement. ~e p~ of~e fi~t p~ ~o a~s to et~t no
building ~r e~ect ~y other ~nd of ~ns~ctlon or improvemen~ upon ~ above-dese~bed
pto~r~,
It is undetslood ~t upon completion of such insmllatio~ ~1 1~ distm~d ~eteby ~ a
tesuh o~ such i~llntion ~r spollaRe d~posit~d 0~e~on, ~11 be ~tored to i~ original cond{6on
or b~r ~out expe~e to ~e ptope~ o~r.
P~ o~ ~e first pm does hereby ~lly ~t ~e ti~e
s~ ag~t ~e la~ cl~s of nil p~o~ whomsoever cl~ed by, ~ough or ~der it, ~at it
1~ good ti~t ~d la~l au~ori~ to gt~t ~e above~esctib~ e~ement ~d ~at ~e s~e is
~encmubered. ~e ~e cont~t of ~s ~sement D~d allows or pe~Rs, ~e s~e shall
~elude ~e suc~ssors or ~ of ~e p~es.
03/23/09 TUE 10:35 [TX/RX NO S522]
NAR-23-g9 I'UE 09:27 flACflILLAN & SI'RNLEY FAX NO, 5812?88881 P, 03
IN WIT'HESS WHEREOF, the patties to this Easement De~d set th~k hands and seals the
da)' and year first above written.
WITNESS #1: PARTY OF THE FIRST PART:
(naYme printed or typed)' ' ' ~(l~ne printed or typed) ~
PO Box 2106 ~
MTNESS t12: Delray Beach, FL 334471&47 ~..
__~.~ ~ (address)
(name printed or typed)
WITNESS #1:
(name printed or typed) (name printed o! t~ped)
WITNESS #2:
(address)
(name printed ot typed)
STAT~ OF FLORIDA
COUNTY OF PALM BEACH
The ibt~oing instrumeat was acknowledged before me this ~ day of ~ ,
199.~ by__~'~]4 ~ ~ ~ 10c,,~-----. , who is petsonslly known to me/or has produced
/ r~,~-~., OFFICIAL Wu',.-, I
i_ox~,,_cir o -o~lssm~
COUNTY OF PALM BEACH
Ibc ibregoirig i~stmment was acknowledged before me this ~ day of
199.__, by. , who is personally known to m~or has produced
(type of identification) ss Identification.
Signature of Notary Public-State of Florida
F. AS Vg~.FRJ~
2
03/23/99 TUE 10:36 ITX/RX NO 5522[
r~at~-/d-~ ~UI: UB:;~B MRCMILLRN & STRNLEY FRX NO, bBI2'/B88B1 P, 04
I (PS 3~, PO ~-2) ~ /
GRO~S
U~U~ ~SEMENT 32e~ J
so438~'w ~
~84.o9'
SH~T I OF 2
SEE SHEET 2 OF 2 FOR DESCRIPTION
scale 1" = 60' SH[REMETA ASSOCIATES, INC
aa*e 3/2/99 ~ ~ C~L~NG ENQNEERS
job no, gl 132.820 I~d pl~n~9 · engineer~ . sur~9
03/23/99 TOE [0:35 [TX/EX NO 5522]
DESCRIPTION:
PARCELS OF LAND IN SECTION 25, TOWNSHIP 46 SOUTH, RANGE 42 EAST 12 FEET
IN WIDTH, THE SIDELINES OF WHICH ARE LOCATED 6 FEET ON EACH SIDE OF
THE FOLLOWING DESCRIBED CENTER LINES:
_I_~_:SANITARY SEWER UT.!U.TY. EASEMENT:
COMMENCING AT THE NORTHWEST CORNER OF FOXE CHASE,
ACCORDING TO THE PLAT, THEREOF, AS RECORDED IN PLAT BOOK .38 AT PAGES
1 AND 2 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE,
SOUTH 01' 07' 35" EAST, ALONG THE WEST UNE OF SAID PLAT, A DISTANCE OF
416,46 FEET; THENCE, SOUTH 88' 52' 27" WEST, A DISTANCE OF 609.63 FEET TO
THE POINT OF BEGINNING:
*~H~.NC~, sOUTH 04' 58' 53" W~ST, A DISTANCE OF .326.26 FEET;
THENCE, SOUTH 6.3' 15' 27" WEST, A DISTANCE OF 112,29 FEET TO
REFERENCE POINT 'A';
THENCE. NORTH 55' 03' 55" WEST. A DISTANCE OF 184.09 FEET;
THENCE, NORTH 02' 38' 50" WEST, A DISTANCE OF .352.96 FEET
TO THE POINT OF .ENDING.
TOGETHER WITH:
BEGINNING AT SAID REFERENCE POINT 'A'; THENCE, SOUTH 02' 54' 21"
WEST, A DISTANCE OF .30.14 FEET TO THE POINT OF ENDING "A".
12' WATER UTI[.I ,TY EASEMENT ;.
COMMENCING AT SAID NORTHWI~ST CORNER OF SAID PLAT OF FOXE
CHASE; THENCE, SOUTH 01' 07' 35' EAST, ALONG SAID WEST LINE, A
DISTANCE OF 42.3,90 FEET; THENCE, SOUTH 88' 3B' 00' WEST, A DISTANCE
OF 650.74 FEET TO THE POINT OF BEGINNING;
THENCE. CONTINUING SOUTH 88' 38' 00" WEST, A DISTANCE OF ¢.87 FEET;
THENCE, SOUTH 44' 26' 45" WEST, A DISTANCE OF 36..57 FEET;
THENCE, 'SOUTH 89' 54' 40' WEST, A DISTANCE OF 130.10 FEET;
THENCE, NORTH 43' 50' 25" WEST, A DISTANCE OF 131.67 FEET;
THENCE, SOUTH 89' 04' 03' wEST, A DISTANCE 0~' 10.67 ~i~ET TO THE POINT
OF ENDING.
THE SIDELINES OF SAIO PARCELS TO BE LENGTHENED OR SHORTENED TO MEET
AT ANGLE POINTS, EASEMENT LINES AND PROPERTY UNES.
SHEET 2 OF 2
SEE SHEET 1 OIr 2 FOR SKETCH
da 'ce 3/2/99 ~! ~! ENGINEERS
[lTV OF DELRFIV BEFI[H
CITY ATTORNEY'S OFFICE
TELEPHONE 561/243-7090- FACSIMILE 561/278-4755
DELRAY BEACH Writer's Direct Line: 561/243-7091
'llll 1999 MEMORANDUM
1993
TO: City Commission
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Acceptance of Easement Deed from DIKAL - Delray Ocean Estates
The following easement deed grants to the City the right to use the west 2.7 feet of Lot A
to extend an existing 10' utility easement. This is necessary as the owner/developer of
the property shifted the property line west 2.7 feet in order to increase the setback
requirements of the lot. This is a general utility easement.
Please call if you have any questions.
cc: David Harden, City Manager
Alison Harty, City Clerk
Barron Caronite, Asst. City Engineer
Prcparcd by:. RETURN/
R. Brian Shutt. Esq.
City Attorney s Office
200 N.W. I st Avclmc
Dclray Beach. Florida 33444
EASEMENT DEED
Tills INDENTURE, made this Z-O day'ofC~(~kz,,/ , 1998, by and between
DIKAL, a Fla. int. ven~ with a mailing address of P.o. Box 1236, Delray Beach, FL ;33447
party of the first part, and the CITY OF DELRAY BEACil, with a mailing address of 100 N.W.
I st Avenue, Delray Beach, Florida 33444, a municipal corporation in Pahn Beach County, State
of Florida, party of'the second part:
wrrNESSETtI: That the party of the first part, for and in consideration of tire sum of
Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said
party of die second part, the receipt of which is hereby acknowledged, does hereby grant, bargain,
sell and release unto the party of the second part, its successors and assigns, a right of way and
perpetual easemeat for the purpose of: installation and maintenance of public utilities with full
and fi-ee right, liberty, and authority to enter upon and to install, operate, and maintain such
utilities well under, across, through and upon, over, under or within the following described
property located in Pahn Beach County, Florida, to-wit:
DESCRIPTION
See Exhibit "A"
Concomitant and coextensive with this right is tire further right in the party of the second
party, its successors and assigns, of ingress and egress over and on that portion of land described
above, to effect the purposes of the easement, as expressed hereinafter.
That this casement shall be subject only to those easements, restrictions, and ,'eservations
of record. That lite party of the first part agrees to provide for the release or subordination of any
and all mortgages or liens encumbering this easement. The parly of the first part also agrees to
erect no building or effecl any oilier kind of construction or improvements upon lbe above-
described proper! y.
ORB 10700 Pg 154E)6
It is understood that upon completion of such installation, all lands disturbed thereby as a
result of such installaiion or spoilage deposited thereon, will be restored to its original condition
or better without expense to the property owner.
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawthl claims of all persons whomsoever claimed by, through or under it, that it
has good right and lawful authority to grant the above-described easement and that the same is
unencumbered e~cept as provided above. Where Ihe context of this Easement Deed allo~vs or
permits, lhe same shall include the successors or assigns of the parties.
IN WITNESS Wl IEREOF, the parties to this Easement Deed set their hands and seals the
clay and year Ih'st above written.
PARTY OF THE FIRST PART
~~~'WITNESS ~1: ~~ DI~ointBy: ~l ~ venture
~ {[, ~ A ~ ~' ~ ~ Print ~am~ Diamond
(name printed or typed) 526 No. Ocean Blvd.
Delray Beach, Florida 33444
(address)
WITNESS ~2~ ~~
(natant printffd or iyped)
STATE OF FLORIDA
COUNTY OF PALM BEACIt
(bregoing instrument was acknowledged betbre me ~ October
1998 by Joseph C. Diamond* He/She~ known t~has
produced ~ ~ as identification. * a joint venturer, on behalf
of DI~, a Florida joint venture. ~ ~~
Sii~ re of Notat~~ubli tate
~FIo
rida
casltlctd 1.1~ln
I *o-'
ORB 112~700 Pg 1587
Lawson, Noble & Webb, Inc.
CONSULTING ENGINEERS, LAND PLRNNERS, SURVEYORS
4.20 COLUUBIA DRIVE, WEST P^LU BEACH, FLORIDA
(5~'1,) 684-6686 LB6674
LEGAL DESCRIPTION: UTILITY EASEMENT
A PORTION OF TRACT "A", DELRAY OCEAN ESTATES ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 79, PAGES 69 AND 70 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT A OF SAID DELRAY OCEAN ESTATES; THENCE
SOUTH 89'32'12" WEST, ALONG THE WESTERLY EXTENSION OF THE SOUTH LINE OF SAID
LOT A, A DISTANCE OF 0.41 FEET, TO THE POINT OF CURVATURE OF A CURVE, CONCAVE TO
THE NORTHEAST, HAVING A RADIUS OF 3.00 FEET; THENCE TO THE NORTHWEST, ALONG THE
ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 74"41'15", A DISTANCE OF 3.91
FEET, TO A POINT OF TANGENCY; THENCE NORTH 15"46'33" WEST, A DISTANCE OF 8.08
FEET; THENCE NORTH 89'32'12" EAST, A DISTANCE OF 2.70 FEET TO A POINT ON THE
WEST LINE OF SAID LOT A; THENCE SOUTH 15'46'33" EAST ALONG SAID WEST LINE, A
DISTANCE OF 10.37 FEET TO THE POINT OF BEGINNING.
i ,
CONTAINING 26 SQOARE FEET, MORE OR LESS.
CERTIFICATION:
I HEREBY CERTIFY ~THAT THE DESCRIPTION AND ATTACHED SKETCH OF
DESCRIPTION WERE PREPARED IN ACCORDANCE ~ITH THE SURVEYING
STANDARDS, CHAPTER 6tGt7-6, FLORIDA ADMINISTRATIVE CODE, AS SET
FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS & MAPPERS,
PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND IS TRUE AND
CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT
. ;:,: '~.-.. - ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION
· "[LBUR F; DMNE, .. ',' SHOWN HEREON. THERE HAS BEEN NO FIELD WORK
PROFESSIONAL suRvEYS0R AND MAPPER VIEWING OF THE SUBJECT PROPERTY, OR MONUMENTS
NO. 4190, STATE! OF FLORIDA SET IN CONNECTION WITH THE PREPARATION OF
THE INFORMATION SHOWN HEREON.
DATE: 10/16/98
NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED
FOR RIGHT-OF-WA, Y AND/OR EASEMENTS OF,, RECORD.
DATE: 10/16/98 BY: WFD CKO: DWG.:, TRACTAUE l JOB NO.: A056 .... I SHEET 1 0~' 2
I I' I I
' ORB 1 IIZIIT~iZII~ Pg 1 588
. Lawson, Nobl. & Webb, Inc. LNW
CONSULTING ENGINEERS, LAND PLANNERS, SURVEYORS
42.0 COLUMBIA DRIVE, WEST PALM BEACH, FLORIDA
(~5~; 1) 684-6686 L66674
EXEIB! I' ".4"
~"= ~o'
LOT A
o
Q-. T/Z~J. C T "A" N8g'32'l 2"E
E' 2.70'
r'~ N15'46173,5"W
>- POINT
7 N1
BEGINNING
< 8.08'
$.W. CORNER
~ OF LOT A
0 R=3.O0' S89'32'1 2"W
0 A =74'41'1 5'
< L=3.91' 0.41'
o TRACT "A"
"' ~ DELRAY OCEAN ESTATES
(./3 PLAT BOOK 79, PAGES 69 &: 70
I:ITY OF DELRllY BEI:I£H
CITY ATTORNEY'S OFFICE ~,o ~.~,., ,~ ~,~,~. ~,~,.~~.,.~ ~,,.~ ,~, ~o~,~
TELEP}tON[~ 5Si'~_ -,v~L ' FACSIMILE 561/278-4755
Writer's Direct L~e: (~) 243-7091
DELRAY BEACH
lll.~rica Ci~ ~MO~D~
'tll ;
~ 99~ TO: City Co. ion
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Agreement for Sidewalk Improvements for Hibiscus Road
The attached agreement is between the City and Dale and Monica Brisson, the owners of
the proposed development, to allow the waiver of the requirement to construct sidewalks
in conjunction with the new development until such time as the City requests sidewalks
to be constructed along Hibiscus Road. If the City requires sidewalks to be constructed
along Hibiscus Road, then the Owner would be required to construct the sidewalk, at its
sole cost and expense, in accordance with all current ordinances of the City of Delray
Beach. This Agreement shall run with the land and be binding on the parties' heirs,
assigns and successors.
By copy of this memorandum to David Harden, our office requests that this Agreement
be placed on the City Commission June 1, 1999 agenda for Commission approval.
Attachment
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
Randal Krejcarek, City Engineer
AGREEMENT FOR
SIDEWALK IMPROVEMENTS
THIS AGREEMENT entered into this ~ day of , 1999,
between the City of Delray Beach (hereinafter the City) and Dale and Monica Brisson
(hereinafter the Owners), for the purpose of waiving the requirement of the installation of a
sidewalk along Hibiscus Road until such time as the City requests the construction of the
sidewalk by the Owner.
WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of
a sidewalk, within the Hibiscus Road right-of-way immediately abutting the subject property,
by the Owner prior to the issuance of a certificate of occupancy; and,
WHEREAS, the Owners have requested a waiver from the requirement of the
installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b);
and,
WHEREAS, in order to provide conformity along the street the City Commission voted
to waive the requirement for the installation of a sidewalk until such time as the City requests
the Owner construct the sidewalk.
WITNESSETH
NOW, THEREFORE, in witness of the above and in consideration of the City agreeing
to waive the requirement for the installation of a sidewalk, at this time, for the property
located at:
Lot 28, Block 5, Seagate Extension, Section 21, Township 46S, Range 43E,
Palm Beach County, Florida recorded in the office of the Clerk of the Circuit
Court in and for Palm Beach County, Florida, recorded in Plat Book 24, Page
67.
1 of 3
1. Tl~e Owner agrees to construct a sidewalk, at its sole cost and expense, along
the Hibiscus Road right-of-way abutting the subject property, within a time period that is
acceptable to the City, after being requested to do so by the City. The sidewalk, when
constructed, shall meet all of the current ordinances of the City of Delray Beach.
2. It is the intent of the parties that this Agreement shall run with the land. This
Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be
binding on the parties legal representatives, heirs, successors and assigns.
IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this
__ day of __ , 1999.
WITNESSES: OWNERS:
COUNTY OF PA~
The foregoing instrument~ged before me~
~tion) corporation, on behalf of the corporation. He/She is personally known to~6'l~
2of3
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this 5/4/`. day of
.f~ , 1999 , by ~/")or~,'co,., ,/~r-/.5'~or-/ (name of person
acknowledging). -- '
Signature of Notary Pub~ - State of Florida
Print, ~ed Name
of Not~x'~-
Personally Known OR Produced Identification
Type of Identification Produced: ,
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this ~' day of
~O.~ , 199 c/, by ~)o/e /~r/,5',5'or-) (name of person
ackfiowl~dging). --
Signature of Notary
Print, ~ned Name
of Not~
Personally Known I~ OR Produced Identification
Type of Identification Produced:
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Mayor
Approved as to form and sufficiency:
/t,5,City Attorney
3of3
Memorandum
TO: David Harden, City Manager
Butler, Director, Community Improvement Department/~
THRU:
Lula
FROM: Charles Bender, Coordinator, Community Development Division ~'/~.
DATE: May 24, 1999
SUBJECT: Delray Beach Renaissance Program Subsidy Request
ITEM BEFORE THE COMMISSION
City Commission authorization and approval to issue subsidy to two eligible applicants under the
Delray Beach Renaissance Program.
BACKGROUND
The Delray Beach Renaissance Program Memorandum of Understanding was approved by the
City Commission on January 23, 1996. In partnership with the Delray Beach Community
Development Corporation, the TED Center, the Community Redevelopment Agency, the
Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray
Beach Housing Authority, we are committed to providing homeownership opportunities to 80
homebuyers through new construction and acquisition/rehab beginning October 1, 1995 through
September 30, 1998. An agreement to extend the program for one additional year has been
approved by all partners and the City Commission. The Partnership is currently operating under
the parameters of this extended agreement.
Each potential homebuyer is required to attend a homebuyer's seminar sponsored by the
Community Financing Consortium, Inc., the Renaissance Program's partner and first mortgage
lender. The seminar includes training and information on financial planning, credit and
borrowing, budgeting, fair housing issues, mortgage and closing costs and a comprehensive
glossary of real estate terms.
The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and
requires the applicant to maintain ownership/residence for a specified period according to the
amount of the Grant. Grant amounts less than $15,000 per unit are forgiven at a rate of 20% per
year for a period of 5 years and Grant amounts equal to or greater than $15,000 but less than
$25,000 per unit are forgiven at a rate of 10% per year for 10 years.
RECOMMENDATION
Staff is recommending City Commission approval to fund subsidy for the two eligible applicants
of the following properties: Lot 16, Block 17 / $19,062.00
W 50ft ofS 135ft of Block 2 / $17,500.00
s:\cornrnunh'enprg\comagend, doc
AGENDA REQUEST
Request to be placed on: Date: May 24, 1999
__ Regular Agenda ~7. ~ .
Special Agenda
__ Workshop Agenda
xxxx Consent Agenda When: June 1,1999
Description of item:
Authorization and approval to issue subsidy to two eligible applicants under the Delray
Beach Renaissance Program totaling $36,562.00.
ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:
Staff recommends approval of subsidy awards. Funds are to be awarded from the State
Housing Initiatives Partnership (SHIP) Program.
SHIP Total $ 36,562.00 Account# 118-1924-554-83.01
Department Head Signature: ' .... · ....
City Attorney Review/Recommendation (if applicable):.
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: (~NO q-~7 g.)'-)'-~
Funding Alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for Agenda~qO ~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
s:\commun-l\cd~renprgm\agenrequ.doc
DELRAY BEACH RENAISSANCE PROGRAM
SUBSIDY REQUEST BREAKDOWN
NEW CONSTRUCTION Yes CENSUS TRACT 67.00
NAME Bridget Pompey
PROPERTY ADDRESS xxx NW 5th Avenue, Delray Beach
LEGAL DESCRPTION Resub of Block 17 Delray Beach, Lot 16 Block 17
% OF AREA MEDIAN HOUSEHOLD INCOME 41 # IN HOUSEHOLD 3
COST OF CONSTRUCTION $73,700 COST OF LOT $10,000
Non-Profit Developer's Fee $2,500
PROJECT/SUBSIDY BREAKDOWN
FIRST MORTGAGE $ 63,000.00 Community Finance Consortium
RATE 6.25 %
LTV 73 %
SECOND MORTGAGE $ City of Delray, HOME
$ 19,062.00 City of Delray, SHIP
$ CRA of Delray
$ Housing Authority
THIRD MORTGAGE $ 3,500.00 Federal Home Loan Bank
GRANT $ HTF "A"
APPLICANT FUNDS
Pre-paids $
Escrowed $ 500.00
Paid at closing $ 5,874.00
TOTAL TRANSACTION $91~936.00
s:\commun\renprg\subrest.doc
DELRAY BEACH RENAISSANCE PROGRAM
SUBSIDY REQUEST BREAKDOWN
NEW CONSTRUCTION No CENSUS TRACT 67.00
NAME Anthony and Minerva Wilson
PROPERTY ADDRESS 205 NW 8th Avenue, Delra¥ Beach
LEGAL DESCRPTION W 50ft of the South 135ft of Block 2
% OF AREA MEDIAN HOUSEHOLD INCOME 72 # IN HOUSEHOLD 5
COST OF UNIT $75,000 COST OF REHABILITATION $23,125
Non-Profit Developer's Fee $2,500
PROJECT/SUBSIDY BREAKDOWN
FIRST MORTGAGE $ 83,400.00 Community Finance Consortium
RATE 6.65 %
LTV 85 %
SECOND MORTGAGE $ City of Delray, HOME
$ 17,500.00 City of Delray, SHIP
$ CRA of Delray
$ Housing Authority
THIRD MORTGAGE $ Federal Home Loan Bank
GRANT $ HTF "A"
APPLICANT FUNDS
Pre-paids $
Escrowed $ I~650.00
Paid at closing $ 2,115.04
TOTAL TRANSACTION $104~665.04
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM #~.~- REGULAR MEETING OF JUNE 1~
1999
REVIEW OFAPPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: MAY 27, 1999
Attached is the Report of Appealable Land Use Items for the
period May 17th through May 28, 1999. It informs the Commission
of the various land use actions taken by the designated boards
which may be appealed by the City Commission.
Recommend review of the appealable actions for the period
stated. Receive and file the report as appropriate.
S/CityClerk/Appealables. 6.1.99
TO: D~D~ MANAGER~
THRU: DI'A-NE DOMINGUEZ, PLAN~ING~ND ZONING DIRECTOR
ALLEN,
FROM: /JASMIN PLANNER
SUBJECT: MEETING OF JUNE 1 1999 *CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS MAY 17, 1999
THRU MAY28, 1999
The action requested of the City Commission is that of review of appealable
actions which were made by various Boards during the period of May 17, 1999
through May 28, 1999.
This is the method of informing the City Commission of the land use actions,
taken by designated Boards, which may be appealed by the City Commission.
After this meeting, the appeal period shall expire (unless the 10 day minimum
has not occurred).
Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City
Commission hears appeals of actions taken by an approving Board. It also
provides that the City Commission may file an appeal. To do so:
1. The item must be raised by a Commission member.
2. By motion, an action must be taken to place the item on the next meeting of
the Commission as an appealed item.
A. Approved on a 7 to 0 vote, the master development plan modification to allow
a change in the land use designation from service industry to office center for
Tract N-2, within Delray Park of Commerce, located at the northeast corner
of Congress Avenue and Lake Ida Road.
City Commission Documentation
Appealable Items Meeting of June 1, 1999
Page 2
No other appealable items were considered by the Board. The following items
which were considered by the Board will be forwarded to the City Commission for
action.
Recommended approval (5 to 2, Bird and Young dissenting), of the
Redevelopment Plan for the SW 4th Avenue Area (Southridge).
Recommended on a 7 to 0 vote that the City Commission forward an
objection on the proposed amendment to Palm Beach County's Future Land
Use Atlas for the 25.9 acre parcel located at the northeast corner of Lake Ida
Road and Jog Road. The proposed change is from Medium Residential 5
(MR-5) to Commercial with underlying Medium Residential-5 (MR-5) in part,
and Commercial Low Office with an underlying Medium Density Residential 5
(CL-O/5) in part.
r-, Recommended approval (7 to 0), of an abandonment of the street right-of-
way platted as SW 2nd Street lying west of Coral Trace Boulevard and
approximately 380 feet north of West Atlantic Avenue.
Recommended approval (7 to 0), of a city initiated rezoning from RM (Multiple
Family Residential- Medium Density) to RL (Multiple Family Residential-Low
Density) for nine parcels located south of Lake Avenue South, between US
Highway No. I and NE 8th Avenue associated with the adopted North Federal
Highway Redevelopment Plan.
Recommended approval (7 to 0), of an amendment to the Land Development
Regulations Sections 4.3.4(H)(6)&(K); 4.4.9(F)&(G); and, 4.4.10(F)&(G)
regarding building and landscape setback requirements along the Federal
Highway corridor.
1. Approved (6 to 0, Smith absent), a modification to the master sign program
for the Arbors Office Park to allow the addition of a free standing sign for
Joseph E. Seagram & Sons, Inc. located at 1625 S. Congress Avenue.
2. Approved with conditions (6 to 0), the architectural elevation plan associated
with facade changes to an existing office building known as the Berkheimer
Building, located on the west side of NE 4th Avenue approximately 280' north
of East Atlantic Avenue (80 NE 4th Avenue).
3. Approved (6 to 0), the architectural elevation plan for The Estuary, a
proposed 82-unit townhouse, located approximately 850 east of US Highway
No. 1, north of Denery Lane, south of Allen Avenue and immediately adjacent
City Commission Documentation
Appealable Items Meeting of June 1, 1999
Page 3
to the Intracoastal Waterway. The site plan and landscape plan were
previously approved by the Board.
4. Approved (6 to 0), the architectural elevation plan to enclose the covered
patio area for Delray Kawasaki, located on the west side of US Highway No.
1, south of Gulfstream Boulevard.
5. Approved (4 to 2, Branning and DeCapito dissenting), a request for a color
change for Federal Auto Plaza, an existing commercial building located on
the east side of NE 6th Avenue (Northbound Federal Highway, north of NE 4th
Street).
6. Approved (6 to 0), the architectural elevation plan associated with replacing
the "butterfly roof" style carport with a new carport structure for the Manor
House, located on the west side of North Ocean Boulevard, approximately
630 feet north of Atlantic Avenue.
7. Approved with conditions (5 to 0, Shutt left the meeting), a Class II site plan
modification, landscape plan and architectural elevation plan associated with
the conversion of a vehicle repair facility (Goodyear Tire) to an office building
for Plastec Offices, located at the southwest corner of SE 4th Avenue and SE
1st Street.
8. Approved (4 to 1, Fowler dissenting) , a Class I site plan modification and
architectural elevation plan associated with awning additions at Jobs and
Benefits (Delray Square), located at the northeast corner of Military Trail and
Atlantic Avenue.
9. Approved with conditions (5 to 0), a Class II site plan modification and
landscape plan associated with parking lot modifications at Delray's Lost
Drive-In, located on the east side of US Highway No. 1, approximately 500
feet north of Allen Avenue. The proposal also included details of the manner
by which the graphic is to be attached to the faux movie screen within the
central plaza area.
10.Approved with conditions (5 to 0), a Class II site plan modification, landscape
plan and architectural elevation plan associated with the addition of restrooms
within the Adult Recreation Building at Veteran Park, located at the northwest
corner of East Atlantic Avenue and the Intracoastal Waterway.
11.Approved with conditions (5 to 0), a Class II site plan modification, landscape
plan and architectural elevation plan associated with the construction of a
one-car garage and additional living area at Venetian Drive Townhomes,
located on the west side of Venetian Drive, 125' north of Casuarina Drive.
City Commission Documentation
Appealable Items Meeting of June 1, 1999
Page 4
12.Approved with conditions (5 to 0), a Class II site plan modification and
architectural elevation plan associated with facade improvements and the
construction of a 1,075 square foot vestibule and canopy for Publix (The
Plaza at Delray) located at the northwest corner of Linton Boulevard and US
Highway No. 1.
13.Approved with conditions (5 to 0), a Class V site plan, landscape plan and
architectural elevation plan for the Publix Retail Center, located at the
southeast corner of NE 6th Street and NE 5th Avenue (southbound Federal
Highway). Concurrently, the Board approved the following waivers, namely:
1. Increasing the driveway width at NE 6th Street from 24' to 35'.
2. Increasing the aisle width in the northern portion of the property from
26' to 41' and 45'.
3. Reducing the vehicle stacking distance from 50' to 23' for the NE 5th
Avenue driveway.
No Regular Meeting of the Board was held during this period.
By motion, receive and file this report.
Attachment: Location Map
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting - ~~.
JUNE 1, 1999
L-30 CANAL
LAKE IDA ROAJ
LAKE
I N.~ 2ND ST.
S.H~ 2ND ST.
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L
s.w. ~om sr
UNTON BOULEVARD
UNTON
I
I
I.-,~ CANAL ~ ~ ~ ~,~..
P.&Z: $.~.R.A.B. CON~
......... crFf LIMITS .........
TRACT N-2 7. PLASTEC OFFICES
S.P.R.A.B.: a. JOBS & BENEFITS-DELRA Y SQUARE
9. DELRA Y'S LOST DRIVE-IN I ONE M~LE
1. ARBORS OFFICE PARK
10. VETERANS PARK GP~PH~C SCA~
2. BERKHEIMER BUILDING
11. VENETIAN DRIVE TOWNHOMES
3. THE ESTUARY 12. PUBLIX (THE PLAZA A T DELRA Y) ClTYOFDELRAYBEACH, FL
PLANNING & ZONING DEPARTMENT
4. DELRA Y KAWASAKI 13. PUBLIX RETAIL CENTER ~9~
5. FEDERAL AUTO PLAZA
- - DIGITAL BASEMAPSYSTEM - -
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM #~- REGULAR MEETING OF JUNE 1~ 1999
AWARD OF BIDS AND CONTRACTS
DATE: MAY 28, 1999
This is before the City Commission to approve the award of the
following bids and contracts:
1. Purchase award in the total amount of $23,322.00 to Gateway
2000, via Florida State contract, for the purchase of
replacement computers (seven for the Parks and Recreation
Department at a cost of $12,558.00 and six for the
Community Improvement Department at a cost of $10,764.00),
with funding from 334-6112-519-64.11 (General Construction
Fund/Computer Equipment).
2. Bid awards to multiple vendors for medical and drug
supplies at an estimated annual cost of $94,683.18, via
joint bid with the City of Boynton Beach with Delray Beach
as lead entity. Funding in the amount of $93,044.23 will
be from 001-2315-526-52.20 (Fire Operations/General
Operating Supplies), and $1,638.95 from 001-4123-526-52.20
(Ocean Rescue/General Operating Supplies).
3. Purchase award in the total amount of $13,117.33 to Hector
Turf for the purchase of one (1) Toro Sand Pro %5020, one
(1) Dozer Blade, and one (1) Toro 72" Guardian Recycler
Deck, via GSA federal supply contract, with funding in the
amount of $9,666.19 from 445-4761-572-64.90 (Municipal Golf
Course - Other Machinery & Equipment) and $3,451.14 from
446-4761-572-64.90 (Lakeview Golf Course - Other Machinery
& Equipment).
Recommend approval of the contract and bid awards listed above.
Request to be placed on:
When: dune 1, 1@~¢
Description of agenda item:
Purchase Award - Purchase of seven replacement computers from Gateway 2000 via the
Florida State Contract, Number 250 040 96 1, for a total cost of $12,558.00.
ORDINANCE/RESOLUTION REQUIRED: YES NO
Draft Attached: YES NO
Recommendation:
Purchase Award from Gateway 2000 via the Florida State Contract, No. 250 040 96 1, for
a total cost of $12,558.00.~1 be taken from account 334-6112-519-6411.
Department Head Signature:'~'~~ '~"'""'~
Determination of Consistency ~[th Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditur~ L.~'
Funding available: Yes No
Funding alternatives: (if applicable)
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda: ~ ~ No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
PURCHASING DIVISION
MEMORANDUM
DATE: May17,1999
TO: David Harden, City Manager
FROM: Jennifer Schillace, Buyer
THROUGH: Joseph Sa~nance Director
RE: DOCUMENTATION - CITY COMMISSION MEETING
JUNE 1, 1999 - PURCHASE AWARD
GATEWAY 2000 VIA FLORIDA STATE CONTRACT 250 040 96 1
ITEM BEFORE COMMISSION:
City Commission is requested to approve the purchase of seven (7) replacement
computers from Gateway 2000 for the Parks and Recreation Department for a total cost
of $12,558.00.
BACKGROUND:
The computers that are being purchased from Gateway 2000 are for the Parks &
Recreation Department and will replace existing computers that cannot meet the
requirements of the LAN Windows NT software per M.I.S.
The Assistant Director of Parks & Recreation recommends the purchase from Gateway
2000 per the Florida State Contract Number 250 040 96 1 and Quote Number 12051526
dated May 12, 1999. Please see the attached quote from Gateway 2000 and letter of
recommendation from Joe Dragon, Assistant Director of Parks & Recreation.
RECOMMENDATION:
The Purchasing Division recommends the award to Gateway 2000 for replacement
computers via the Florida State Contract, Number 250 040 96 1, at a total cost of
$12,558.00. Funding will be taken from account number 334-6112-519-6411.
Attachments:
Letter of recommendation from Joe Dragon
Quote from Gateway 2000
Jacklyn Rooney, Purchasing Supervisor (.~-
Joe Weldon, Director of Parks & Recreatio~i
Joe Dragon, Assistant Director of Parks & Recreation
http://www.gateway.comtcgi-bin/checkout.pl
about us - contact us . search . help
generate quote
Gateway Order #: 12051526
Date/Time: 0511211999 11:22 EST
item: quantity: price:
E-4200 400 1 $1794
Intel~ Pentiurn~ll Processor 400MHz w/512 Cache
3 Year Limited Parts Warranty & 3 Year On Site
8.4GB 5400RPM SMART II Ultra ATA hard drive
Inte~ LANDesk Client Manager Software v3.31
ATI RAGE 128GL 16MB AGP Graphics
128MB. 100Mhz SDRAM expandable to 384
3.5" 1.44MB diskette drive
IBM PCl Token Ring
VX700 17" color monitor (16" viewable area)
13X min./32X max. CD-ROM drive
McAfee Anti Virus Software
E-Series 8-bay Mid Tower
104+ keyboard
MS IntelliMouse mouse & Gateway mouse pad
Microsoft~ Windows NT 4.0
$1794
Many Gateway products are custom engineered to Gateway
specifications, which may vary from the retail versions of the software
and/or hardware in functionality, performance or compatibility. Prices
and configurations are subject to change without notice or obligation.
Prices do not include shipping and handling or any applicable taxes.
Sales tax will be collected where applicable.
The price quote generated above is not automatically forwarded to a
sales representative. To purchase the quoted item or items, please
fax or e-mail this page to your Major Accounts representative, or call
our general Major Accounts number, 800-779-2000, or fax to
605-232-2601.
Please be sure your name, company name and phone number are
on your fax.
Thank you for choosing Gateway.
order stat u~
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Joe Dragon, Assistant Director of Parks & Recreatio
SUBJECT: REPLACEMENT COMPUTERS
DATE: May 13, 1999
Seven computers for the Parks and Recreation Department have been
requisitioned thru the R & R account as budgeted on requisition number 70998,
Quote #: 10427477. These will replace existing computers that cannot meet the
requirements of the LAN Windows NT software per M.I.S.
Thank you.
JD: giv
U:\WWDATALMIS\COMPUTER2.doc 05/13/99 2:01 PM
P~620U02 City Of Delray Beach Florida 5/10/99
~eq~isition number: · 0000070998 Buyer Processing 12:53:23
~ype information, press Enter.
Type (F4) ....... 1 PURCHASE REQUISITION
Reason ........ REPLACEMENT PCS FOR PARKS AND RECREATION
By .......... FLYNN/DRAGON *
Date ......... 050499
Vendor number ..... 1489
Name (F4) ...... GATEWAY 2000 MAJOR ACCOUNTS
Search type ..... B=Begins with, C=Contains
Contract nbr (F4)
Ship to (F4) ..... MI MANGT. INFO. SYSTEMS
Deliver by date .... 051599
Fiscal year code ~ C=Current year, P=Previous year, F=Future year
Type options, press ~n~er.
l=Select for P.O. 2=Change 4=Delete 8=Extended description 9=Quotes
Opt Line# Quantity UOM Description
_ 1 7.00 EA E-4200-400 WITH IBM TOKEN RING
_ QUOTE ~-~-7~9~/W~.~/9-2~(BASE PRICE
_ 400 MHZ PENTIUM PROCESSOR WITH 512 CACHE +
Total:
F3=Exit F4=Prompt F6=Add item FT=Alternate vie~A~
F8=Req quotes F9=Generate P.O. F12=Cancel F24=More keys
AGENDA ITEM NUMBER:
AGENDA REQUEST
Request to be placed on:
XX Consent Agenda Special Agenda __ Workshop Agenda
When: June 1, 1999
Description of agenda item:
Purchase Award - Purchase of six replacement computers from Gateway 2000 via the
Florida State Contract, Number 250 040 96 1, for a total cost of $10,764.00.
ORDINANCE/RESOLUTION REQUIRED: YES NO
Draft Attached: YES NO
Recommendation:
Purchase Award from Gateway 2000 via the Florida State Contract, No. 250 040 96 1, for
a total cost of $10,764.00. Funding will be taken from account 334-6112-519-6411.
Department Head SJg natu~"' ~'"'ii/~-, ~.~,. ~~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditu~'e of~fund~
Funding
available:
Yes
Funding alternatives: (if applicable)
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda~) ~ No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
PURCHASING DIVISION
MEMORANDUM
DATE: May 21, 1999
TO: David Harden, City Manager
FROM: Jennifer Schillace, Buyer
THROUGH: Joseph S~ance Director
RE: DOCUMENTATION - CITY COMMISSION MEETING
JUNE 1, 1999 - PURCHASE AWARD
GATEWAY 2000 VIA FLORIDA STATE CONTRACT 250 040 96 1
ITEM BEFORE COMMISSION:
City Commission is requested to approve the purchase of six (6) replacement
computers from Gateway 2000 for the Community Improvement Department for
a total cost of $10,764.00.
BACKGROUND:
The computers that are being purchased from Gateway 2000 are for the
Community Improvement Department and will replace existing computers that
cannot meet the specifications of Y2K compliance per M.I.S. Department.
Please refer to the memorandum dated May 19, 1999.
RECOMMENDATION:
The Purchasing Division recommends the award to Gateway 2000 for the
replacement computers via the Florida State Contract, Number 250 040 96 1,
at a total cost of $10,764.00. Funding will be taken from account number
334-6112-519-6411.
Attachments:
Letter of recommendation from Lula Butler
Quote from Gateway 2000
Jacklyn Rooney, Purchasing Supervisor
Lula Butler, Director, Community Improvement
Memorandum
DATE: May 19, 1999
TO: David T. Harden - City Manager
FROM: Lula Butler- Director, Community Improvement
RE: Computer Purchase - 1998/99 Budget
ITEM BEFORE THE COMMISSION:
Commission consideration is requested to approve the purchase of personal
computers for Community Improvement staff.
BACKGROUND:
Six (6) replacement computers were approved in the 1998/99 budget for the
purpose of Y2K compliance.
RECOMMENDATION:
Staff is recommending Commission approval of the purchase of six (6) personal
computers as approved in the 1998/99 budget.
/dq
cornputers99.cc
http://www.gateway.com/cgi-bin/checkout.pl
about us - contact us . search - help
generate quote
Gateway Order #: 12051526
Date/Time: 05/12/1999 11:22 EST
item: quantity: price:
E-4200 400 1 $1794
Intel® Pentium®ll Processor 400MHz w/512 Cache
3 Year Limited Parts Warranty & 3 Year On Site
8.4GB 5400RPM SMART II Ultra ATA hard drive
Intel~ LANDesk Client Manager Software v3.31
ATI RAGE 128GL 16MB AGP Graphics
128MB 100Mhz SDRAM expandable to 384
3.5" 1.44MB diskette drive
IBM PCI Token Ring
VX700 17" color monitor (16" viewable area)
13X min./32X max. CD-ROM drive
McAfee Anti Virus Software
E-Series 8-bay Mid Tower
104+ keyboard
MS IntelliMouse mouse & Gateway mouse pad
MJcrosoft~ Windows NT 4.0
$1794
Many Gateway products are custom engineered to Gateway
specifications, which may vary from the retail versions of the software
and/or hardware in functionality, performance or compatibility. Prices
and configurations are subject to change without notice or obligation.
Prices do not include shipping and handling or any applicable taxes.
Sales tax will be collected where applicable.
The price quote generated above is not automatically forwarded to a
sales representative. To purchase the quoted item or items, please
fax or e-mail this page to your Major Accounts representative, or call
our general Major Accounts number, 800-779-2000, or fax to
605-232-2601.
Please be sure your name, company name and phone number are
on your fax.
Thank you for choosing Gateway.
order stat u~
1 of 2 -7 5/12/99 11:22 AM
AGENDA REQOEST
Date: May 27,1999
Request to be placed on:
XX ~~ Agenda Special Agenda Workshop Agenda
When: 3une 01, 1999
Description of agenda item '(who, what, where, how much): Bid Award-
Bid #99-16 - Medical And Drug Supplies - Award to various vendors for a estimated
annual cost of $94~683.18 for the City of Delray Beach.
This is a joint bid w~th the City of Boyn~on Beach. City of Delray Beach is
lead entity for th~.~ jm~n~
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to various vendors for a estimated annual cost of
$94.683.18 for the City of De]ray Beach for Medical And Drug Supplies for Fire
Department. Funding fro~_Delra¥ Beach Fire Department operating budget for an
estimated ammount of .$93,04.4.23 and from Delray Municipal Beach operating budKet
fOr an estimated amount of $1.638.95.
Department Head Signature: ~ ~.~~
Determination of Consistency with Co~3~rehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
Funding available:
Funding alternatives: -~ (if applicable)
Account No. & Description:
Account Balance:
City Manager ~eview:
apprOved for agenda: ~/. NO
Hold Until: : ·
Agenda' COordinator 'ReView:
Received:
Ac t ion: Approved/Di s approved
MEMORANDUM
TO: David T. Harden, City Manager
Jacklyn Rooney, Purchasing Supervisor(~
FROM:
THROUGH: JosephS~~ance Director
DATE: May 27, 1999
SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING
JUNE 01, 1999 - BID AWARD - BID #99-16
MEDICAL AND DRUG SUPPLIES - ANNUAL CONTRACT
Item Before Commission:
City Commission is requested to make multiple awards to low responsive bidders, as stated
below, at an estimated annual cost of $94,683.18 for the City of Delray Beach.
Background:
The City of Delray Beach is the lead entity for this joint bid with the City of Boynton Beach.
Bids were received on March 17, 1999, from eighteen (18) vendors, all in accordance with City
purchasing policies. (Bid #99-16. Documentation on file in the Purchasing Office). A tabulation
of bids and award recommendations per group and/or item number is attached for your review.
The City of Boynton Beach recommends multiple awards to low responsive bidders. See
attached memo dated May 21, 1999.
Vendor: Estimated Annual Amount:
Promedix Inc. $ 16,472.27
Emergency Medical Products Inc. $ 23,011.60
American Purchasing Service $ 31,816.14
Southeastern Emergency Products $ 970.90
Wound Therapy Specialists $ 92.40
Aero Products Corp. $ 9,684.95
MDS Matrix $ 516.66
Cook Inc. $ 132.00
Quad Med Inc. $ 48.72
Sun Belt Medical $ 7,985.10
Moore Medical Inc. $ 151.52
Advanced Medical & Pharm. Supplies $ 1,375.80
Micro-Bio Medics Inc. $ 421.56
ZA/.g.
Dixie USA EMS Supply $ 1,288.50
Blue Ridge Pharm. $ 715.00
Total Estimated Annual Cost
for City of Delray Beach $ 94,683.18
Recommendation:
Staff recommends award to various vendors as outlined above and highlighted on attached
Tabulation of Bids for a total estimated annual cost of $94,683.18. Funding from City of Delray
Beach Fire Department operating budget for estimated annual cost of $93,044.23 and from
Delray Municipal Beach operating budget for estimated annual cost of $1,638.95.
Attachments:
Tabulation of Bids
Recommendation Memo Dated May 21, 1999
Award Recommendations Per Group / Item
City of Delray Beach's Requirements
Cc: Lt. Dennis Morley, Paramedic Lieutenant
Delray Municipal Beach
City of Boynton Beach
MEDICAL AND DRUG SUPPLIES- ANNUAL CONTRACT
BID #99-16
AWARD RECOMMENDATIONS
GROUP'S - AWARDED BY GROUP TOTAL OF UNIT PRICES:
GROUP
# DESCRIPTION VENDOR TOTAL COST COMMENTS
1. ANESTHESIA/ PROMEDIX INC. $ 409.61 LOW BIDDER
RESPIRATION EMERGENCY
EQUIMENT EQUIPMENT BID
ON SUBSTITUTE
ITEMS -AWARD
TO PROMEDIX
2. MISC. EMERGENCY $ 446.02 LOW BIDDER
INTRAVENOUS MEDICAL
SUPPLIES PRODUCTS, INC.
3. BLOOD AMERICAN $123.86 LOW BIDDER
PRESSURE & PURCHASING
BLOOD FLOW SERVICES
DETECTION EQUIP.
4. SPECIAL EMERGENCY $10.99 LOW BIDDER
INSTRUMENTS MEDICAL
FLOOR GRADE PRODUCTS INC.
5. TRACHEAL NO AWARD - TO BE RE-BID - DUE TO CHANGES
TUBES IN THE SPECIFICATIONS
6. CATHETERS, AMERICAN $ 505.30 LOW BIDDER
IV / NEEDLE PURCHASING
SERVICES
7. CATHETERS, QUADMED INC. $181.25 LOW BIDDER
IV / NEEDLE
(CITY OF BOYNTON BEACH ONLY)
8. BANDAGES, AMERICAN $ 309.12 LOW BIDDER
DRESSINGS, PURCHASING
GAUZE SERVICES
GROUP 9 - MISCELLANEOUS ITEMS - TO BE AWARDED INDIVIDUALLY:
ITEM UNIT PRICE
# DESCRIPTION VENDOR COST COMMENTS
89. 12 ML SYRINGE NO AWARD NO BDS
21 GA X 1 ½" RECEIVED
90. 3 ML SYRINGE NO AWARD NO BIDS
21 GA X 1 ½" RECEIVED
91. 21 GA. X 1" SOUTHEASTERN $ 3.24 BOX LOW BIDDER
NEEDLE EMERGENCY #J8152
PRODUCTS INC. 100 P/BOX
92. T.B. SYRINGES SOUTHEASTERN $ 8.12 BOX LOW BIDDER
& NEEDLES EMERGENCY #J8129
LUER LOCK PRODUCTS INC. 100 P/BOX
93. ALCOHOL PREPS WOUND $ .84 BOX LOW BIDDER
200 PADS PER THERAPY #10lB
BOX SPECIALIST
94. SHARP-TRAP EMERGENCY $ .89 EA. LOW BIDDER
BIO-DISPOSABLE MEDICAL #0058
CONTAINER PRODUCTS INC.
PLASTIC
95. PRO TEC MDS MATRIX $ 2.47 EA. LOW BIDDER
CONTAINERS
DISPOSABLE FOR SYRINGES
96. EXTRICATION PRO MEDIX INC. $ 4.65 EA. LOW BIDDER
COLLAR- STIFF NECK SOUTHEASTERN
PEDIATRIC SIZE BID A SUBSTITUTE
NO SUBSTITUTES ITEM
97. EXTRICATION PRO MEDIX INC. $ 4.65 EA. LOW BIDDER
COLLAR - STIFF NECK SOUTHEASTERN
BABY NO NECK SIZE BID A SUBSTITUTE
NO SUBSTITUTES ITEM
98. MORRISON HEAD PRO MEDIX $ 3.06 EA. LOW BIDDER
VICE II #1462 iNC. MORRISON
CARDBOARD - #F0160
ONE TIME USE
GROUP 9 - MISCELLANEOUS ITEMS - TO BE AWARDED INDIVIDUALLY:
ITEM UNIT PRICE
# DESCRIPTION VENDOR COST COMMENTS
99. EMERGENCY PRO MEDIX INC. $ 74.05 EA. LOW BIDDER
CRICOTHYROTOMY COOK D4425
CATHETER SETS 6 MM
100. BUTTERFLY SOUTHEASTERN $11.50 BOX LOW BIDDER
CATHETERS EMERGENCY # J8112
23 GA X V4" WITH EQUIPMENT
12" TUBING 50/BOX
101. BUTTERFLY SOUTHEASTERN $ ll.50BOX LOWBIDDER
CATHETERS EMERGENCY # J8111
21 GA. X Yn" WITH EQUIPMENT
12" TUBING
102. K-Y JELLY PRO MEDIX INC. $ 4.59 BOX LOW BIDDER
2.7 OZ. FOIL
PACKS
103. INTRAOUSSEUS COOK INC. $ 22.00 EA. LOW BIDDER
NEEDLE DISP.
COOK - NO SUBSTITUTES
104. PREP RAZORS QUAD MED $12.00 BOX LOW BIDDER
100 P/BOX INC.
105. TOURIQUENTS EMERGENCY $ 2.17 BOX 25 LOW BIDDER
18" X 1" NON- MEDICAL (OR $8.68 FOR 100)
STERILE 100/BOX PRODUCTS INC.
106. NITRO SPRAY SUN BELT $ 25.10 EA. LOW BIDDER
(NITROLINGUAL MEDICAL
SPRAY) .4 MG DOSE
107. IPECAC SYRUP MOORE $ 9.00 BOX LOW BIDDER
20 ML BOTTLES MEDICAL #56897
CORP.
108. ALBUTEROL MOORE $ 8.13 BOX LOW BIDDER
SULFATE 2.5 ML MEDICAL #46784
3ML UNIT DOSE CORP.
GROUP 9 - MISCELLANEOUS ITEMS - TO BE AWARDED INDIVIDUALLY:
ITEM UNIT PRICE
# DESCRIPTION VENDOR COST COMMENTS
109. AMMONIA QUAD MED $1.03 BOX LOW BIDDER
INHALANTS INC. BOX OF 10
110. SODIUM SUN BELT $ 2.05 EA. LOW BIDDER
BICARBONATE MEDICAL ABBOTT
SYRINGE INFANT
111. ATROPHINE ADVANCED $ 2.055 EA. LOW BIDDER
SYRINGE MEDICAL ABBOTT
1 MG 10 ML & PHARM. PA 491134
IMS SUPPLIERS
112. DIPHENTHYDRA- SUN BELT $1.86 EA. LOW BIDDER
MINE SYRINGE MEDICAL PARKE DAVIS
50 MG. 1 ML SUPPLY INC.
113. BRETYLIUM SUN BELT $ 2.89 EA. LOW BIDDER
TOSYLATE MEDICAL ABBOTT
SYRINGE 500MG SUPPLY INC.
10 ML.
114. DEXTROSE SUN BELT $ 2.39 EA. LOWBIDDER
SYRINGE 25 MG. MEDICAL ABBOTT ADVANCED MED.
50°/o, 50 ML SUPPLY INC. BID ON AMPULES
ONLY
115. EPINEPHRINE SUN BELT $ 2.81 EA. LOW BIDDER
SYRINGE MEDICAL WYETH
1:1000, 1 MG. SUPPLY INC.
1 ML
116. EPINEPHRINE SUN BELT $ 2.27 EA. LOW BIDDER
SYRINGE MEDICAL ABBOTT
1:10,000, 1 MG. SUPPLY INC.
1 ML
117. DOPAMINE SUN BELT $ 2.37 EA. LOW BIDDER
SYRINGE MEDICAL ABBOTT
400 MG, 10 ML SUPPLY
GROUP 9 - MISCELLANEOUS ITEMS - TO BE AWARDED INDIVIDUALLY:
ITEM UNIT PRICE
# DESCRIPTION VENDOR COST COMMENTS
118. LIDOCAINE ADVANCED $ 2.147 EA. LOW BIDDER
SYRINGE MEDICAL & ABBOTT
2°/o, 100 MG PHARM.
5 ML SUPPLIERS
119. LIDOCAINE SUN BELT $ 4.98 EA. LOW BIDDER
PREMIXED MEDICAL ABBOTT
1 GRAM, 250 ML SUPPLY INC.
120. NALOXONE DIXIE USA EMS $ 8.59 EA. LOW BIDDER
SYRINGE 2 MG. SUPPLY ABBOTT
2 ML.
121. SODIUM ADVANCED $ 2.33 EA. LOW BIDDER
BICARBONATE MEDICAL ABBOTT
SYRINGE, 8.4% & PHARM.
50 ML SUPPLIERS
122. FUROSEMIDE SUN BELT $ 3.58 EA. LOW BIDDER
SYRINGE, 100 MG. MEDICAL ABBOTT
10 ML SUPPLY INC.
123. 50% MAGNESIUM ADVANCED $ 2.765 EA. LOW BIDDER
SULFATE MEDICAL ABBOTT
INJECTION & PHARM.
5 GRAMS 10 ML SUPPLIERS
124. NITRO- BLUE RIDGE $ 3.30 EA. LOW BIDDER
GLYCERINE PHARM. 1 GRAM
OINTMENT USP 2%
1 GRAM
125. ADENOCINE SUN BELT $ 26.40 EA. LOW BIDDER
PREFILLED MEDICAL FUJISAWA
SYRINGE 6 MG. SUPPLY INC.
126. ADENOCINE SUN BELT $ 53.00 EA. LOW BIDDER
PREFILLED MEDICAL FUJISAWA
SYRINGE 12 MG. SUPPLY INC.
GROUP 9 - MISCELLANEOUS ITEMS - TO BE AWARDED INDIVIDUALLY:
ITEM UNIT PRICE
# DESCRIPTION VENDOR COST COMMENTS
127. CARDIZEM SUN BELT $ 25.98 EA. LOW BIDDER
PREFILLED MEDICAL MARIS MERIELL
SYRINGE 20 MG. SUPPLY INC. DOW
128. LABETALOL BLUE RIDGE $19.25 EA. LOW BIDDER
PREFILLED PHARM.
SYRINGE 100 MG.
129. NORMAL SALINE EMERGENCY $ .25 EA. LOW BIDDER
OR 90% 10 ML MEDICAL ABBOTT
VIALS PRODUCTS INC.
130. BURN SHEETS EMERGENCY $ 21.08 CASE LOW BIDDER
60 X 90" MEDICAL
12 P/CASE PRODUCTS INC.
131. DISPOSABLE AERO PRODUCTS $ 63.00 CASE LOW BIDDER
BLANKETS CORP.
54 X 80"
132. STRETCHER PRO MEDIX $1.65 EA. LOW BIDDER
PILLOW 14 X 20" INC.
DISPOSABLE
133. POVIDONE MICRO BIO- $ .98 EA. LOWBIDDER
IODINE MEDICS INC.
SOLUTION
134. HYDROGEN MIROC BIO- $ .41 EA. LOW BIDDER
PEROXIDE 3% MEDICS INC.
16 OZ. BOTTLE
135. STERILE WATER EMERGENCY $1.15 EA. LOW BIDDER
1000 CC, PLASTIC MEDICAL
BOTTLE PRODUCTS INC.
136. O.B. KITS EMERGENCY $ 4.19 EA. LOW BIDDER
DYNAREX CORP. MEDICAL
PRODUCTS INC.
GROUP 9 - MISCELLANEOUS ITEMS - TO BE AWARDED INDIVIDUALLY:
ITEM UNIT PRICE
# DESCRIPTION VENDOR COST COMMENTS
137. PENLIGHTS EMERGENCY $ 4.24 PACK LOW BIDDER
DISPOSABLE MEDICAL
6 PER PACK PRODUCTS INC.
138. BAG VALVE AERO PRODUCTS $117.00 CASE LOW BIDDER
MASK - ADULT CORP.
6 PER CASE - DISP.
139. BAG VALVE AERO PRODUCTS $123.00 CASE LOW BIDDER
MASK - CHILD CORP.
6 PER CASE - DISP.
140. BAG VALVE AERO PRODUCTS $ 20.50 EA. LOW BIDDER
MASK - INFANT CORP.
CAPNO FLO
141. RED DISPOSABLE MOORE MEDICAL $ .1196 EA. LOW BIDDER
BAGS, 33 GAL CORP.
CAPACITY
142. AEROZINE MICRO BIO - $ 3.69 EA. SOLE BIDDER
3.5 OZ. CAN MEDICS INC.
143. COLD PACKS MDS MATRIX $ 6.48 CASE LOW BIDDER
ADULT SIZE 24 P/CASE
144. RED DISPOSABLE PRO MEDIX $18.00 CASE LOWBIDDER
BAGS FOR BIO - INC.
HAZARD
145. DISPOSABLE ADVANCED $1.50 EA. LOWBIDDER
GLASSES- CLEAR MEDICAL
POLYCARBONATE
146. BITE STICKS MOORE MEDICAL $ 2.10 BAG LOWBIDDER
10 PER BAG CORP.
147. DISP. SHARPS SOUTHEASTERN $ 82.59 CASE LOW BIDDER
COLLECTOR EMERGENCY (EMERGENCY
TRAY SIZE 1.4 QT. EQUIPMENT MEDICAL'S BID
WAS FOR 1 QT.)
GROUP 9 - MISCELLANEOUS ITEMS - TO BE AWARDED INDIVIDUALLY:
ITEM UNIT PRICE
# DESCRIPTION VENDOR COST COMMENTS
148. ADULT EKG AERO PRODUCTS $ 7.00 BAG LOW BIDDER
ELECTRODES CORP. 50 P/BAG
149. PEDIATRIC EKG AERO PRODUCTS $ 7.00 BAG LOW BIDDER
ELECTRODES CORP. 50 P/BAG
150. ANTIMOCROBIAL PRO MEDIX $ .0365 EA. LOW BIDDER
TOWLETTES 1NC. (100 P/BOX)
151. SINGLE PATIENT AERO PRODUCTS $15.95 EA. LOW BIDDER
ADULT SIZE CORP.
VENT CIRCUIT
152. SINGLE PATIENT AERO PRODUCTS $15.95 EA. LOWBIDDER
PEDIATRIC SIZE CORP.
VENT CIRCUIT
153. TRAUMA CASES EMERGENCY $ 72.00 EA. LOW BIDDER
PLANO MODEL MEDICAL PLANO #747
#747
Agenda Item No.: f.
AGENDA REQUEST
Date: May 26, 1999
Request to be placed on:
XX Agenda Special Agenda Workshop Agenda
When: June 01, 1999
Description of agenda item (who, what, where, how much):
Purchase award ~o Hector Turf for purchase of one (1) Toro Sand Pro #5020, one
Dozer Bladd, and one (1) Toro 72" Guardian Recycler Deck via the GSA Federal Supply
Contract #GS-07F-8722-D for a total amount of $13,117.33.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:
FundinE from account code 44~4761-572-64.90 for $9~666.19
and.from 446-476~,~72-64.90 for $3,4~1.14
Department Head Signature: ~~~~~ '~~
. /f-.,
Determination of Consistency with/Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required ,on all items involving expenditure
Funding alte. rnatives.'r--' ( if applicable)
AccOunt No. & Description:
Account Balance:
City Manager Review:
'ApprOV. ed. for agenda: ~/ NO ~
Agenda'·- coordi'h~a to r'' Rev i ew:
Received:
Ac t ion: Approved/Di s app'roved
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Jacklyn Rooney, Purchasing Supervisor
THROUGH: Joseph S~ance Director
DATE: May 26, 1999
SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING
JUNE 01, 1999 - PURCHASE AWARD - HECTOR TURF
VIA GSA CONTRACT #GS-07F-8722D
Item Before Commission:
City Commission is requested to approve award to Hector Turf for the purchase of one (1) Toro
Sand Pro 5020, one (1) Dozer Blade, and one (1) Toro 72" Guardian Recycler Deck via the GSA
Contract #GS-07F-8722D for a total amount of$13,117.33.
Background:
The Delray Beach Municipal Golf Course is in need of a new Sandpro and Dozer blade
attachment to work the sand traps at the golf courses. This will replace the old worn Sandpro
that they are currently using which has over 2600 hours on it and is at the end of its useful life.
In addition the Municipal Golf Course needs to replace the guardian recycler mowing deck for
the Toro Groundsmaster 325-D at Lakeview Golfcourse which is worn out and has a large
amount of corrosion on it.
These items are available from Hector Turf Inc. via the GSA Federal Supply Schedule #GS-07F-
8722-D. Hector Turf has agreed to extend to the City of Delray Beach this GSA Contract
pricing. See attached memo dated May 25, 1999, fi:om Hector Turf.
The General Manager and the Superintendent of the Delray Beach Golf Club recommend award
to Hector Turf for the purchase of these items. See attached memo's dated 04/16/99 and
03/22/99.
Recommendation:
Staff recommends the purchase award to Hector Turf via the GSA Contract #GS-07F-8722D, for
the total amount of $13,117.33. Funding fi:om account code 445-4761-572-64.90 for $9,666.19
and from 446-4761-572-64.90 for $3,451.14.
Attachments:
Memo From Hector Turf
Memos fi:om Delray Beach Golf Club
05L25-1999 0~:52PM FROM HECTOR TURF TO 2437166 P.01
~ ~,301 N.H. THIRD STR£E'I' I DEERFIELD BEACH. FL 33442.
TEL: (954} 429-3200 · FAX: {954) ~,130-7657
May 25, 1999
Mr. Tom Amett Via Fax: 561-243-7166
Golf Course Superintendent
Delray Beach Municipal Golf Course
2200 Highland Avenue
Delray Beach, FL 33445
Dear Tom:
We are pleased to offer the following quotation for your consideration:
Qty Model # Description Unit Price
1 08886 Toro Sand Pro 5020 $8,762.98
1 08821 Dozer Blade (40" width) 903.21
I 30716 Toro 72" Guardian Recycler Deck $3,451.14
Hector Turf will extend 6fiA pricing to the City of Delray Beach.
The above pricing reflects GSA Federal Supply Schedule GS-07F-8722D. Hector Turf
will extend GSA pricing to De[ray Beach Municipal Golf Course_
The above quotation is based upon your acceptance within thirty (30) days ~om the date
of this letter and is subject to manufacturer s availability and Florida State Sales Tax (if
applicable). Our terms of sale are Cash on Delivery or upon credit approval, Net 30 days.
Thank you for the opportunity to provide you a quotation 9n the above merchandise_ .If
you have any questions or require additional information please contact me at (954) 429-
3200 Ext. 314. We appreciate your interest and took forwhrd to doing business with you.
Sincerely,
CTOR TURF t
Thomas B. DeYoflng
Account Representanvc
Commercial/lmgation Ploducts
TBD:gf
· 85/23~1999 22:17 5612437386 DELRAY BEACH GOLF CL PAGE 86
GENERAL SERVICES ADMINISTRATION
FEDERAL SUPPLY SCHEDULE
GS-07F-8722D
G.SA PRODUCT PRICE BOOK
Modification# AS07
CONTRACT
EFFECTIVE DATE
MARCH 01, 1996
THRU
FEBRUARY 28, 2001
)n-Lin6 access to contract ordering information, terms and conditions, up-to-date pricing, and the option to
reate an eleetrot~c delivc3Y order is available through GSA Advantage!, a menu-driven database system.
'he INTERNET address for GSA Advantage! is; http://www, gsa.gov
05/~8Z1999 00:04 5G1243738G DELRAY BEACH GOLF CL PAGE 03
To: EIrahm Dubin
From:Tom Arendt
CC:
Date: 04/16/99
Po: c:ap~toI Purchase (S~v~lpro for Del~)
We l~,~esently use two machines to work the sand traps at the Delray course. This
sand work is performed an environment that is extremely harsh on equipment. We
have one machine that has 2600 hours and is at the end of its usefUl life.
I recolTaT~end that we purchase a Toro. model r:r2e0, to replace our old unit.
1. We presently have three of the units, between Lakeview and Deiray that have
given uS excellent service.
2. O~Jr opetato[s and mechanics are familiar with these machines
We can purChase under a GSA contract t~S-07F-8722D.
Can ~ pm v~th this purchase.'?
Page '1 °
85/23'/1999 22:17 5612437386 DELRAY BEACH GOLF CL PAGE 84
Memo
To: Tom Ar~dt/Brahm Dubln /"' '
From: Tom
Date:
Re: Capi~ Pu~e ( Tom Grouudsm~ter mo~g d~ for
We ~e in no~ of anew mo~ d~k for a Toro Oo~ds~ 325~D.
We ~e ~eafly m~g ~ old Toro ~o~d~ ~25-D ~om ~my Bmeh ~lf Club. The
~t d~k 9v~ ~e y~ ~ ~n atta~ b~ ~o~on ~d is ~ ~r~.
~e ~o~ds{~ is m~ ~ound ~e new dub house ad Im at ~y B~eh ~lf Club
during the active ~g s~n.
recommendlthat we purchase a Toro 72" Guardian Recycler mowing deck.
(1),This de!lk will. fit on the current Groundsmaster 325-D.
(2) The tra~,~or unit has given us good service and with a new deck will extend the life of
the maOhine.
(3) The ~ardian R ~.~yclcr mowing deck eliminates any potential h~7~rd around the clubhouse
grounds since there is no side or rear discharge on the deck.
(4) Our m~:~hallics and operators are very familiar with the workings of the machine.
We can pure!uise this machine from Hector Turf Inc. under a GSA # GS-07F-8722D
' 05/'2~/1999 22:17 561243738B DELRAY BEACH GOLF CL PAGE 05
The mower deck unit we would purchase is as follows.
From the. F,~eral Supply Schedule GS-07F-8722D (Attached)
SIN-NO MODEL NUMBER DESCRIPTION QUANTITY PRICE
431-5 30716 72" Guardian Recycler 1 $3,451.14
Total cost- ..$3,451.14
We have a '~tget of $20,000 towards new equipmeat for the maintenance departmeaxt at the
Lakeview (~.olf Club this year. A Toro Greensmastex 3100 greens mower has already been
purchased a't the price of $16,226.59. With the addition of the mower deck at the price of
$3,451.14, :the capital account would be let~ with $322_27
Can we proceed with this purchase?
£1TY OF DELAI:IY BEA£H
DELRAY BEACH
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 561/243-7000
1993 TO: David T. Harden, City Manager
FROM: ~'obert A. Barcinski, Assistant City Manager
DATE: May 26, 1999
SUBJECT: Agenda Item City Commission Meeting June 1, 1999
Approval of Valet Parking Agreement
The Avenue Bar and Grill, Inc. d/b/a 32 East
Action
City Commission is requested to approve a valet parking agreement with the Avenue
Bar and Grill, Inc. d/b/a 32 East.
Background
Attached is a proposed valet parking agreement with 32 East. The agreement complies
with the changes recommended by the Parking Management Advisory Board and
approved by City Commission in February 1999. These changes include; payment for
the parking queues, liability insurance, and private parking lot agreements. The Avenue
Bar and Grill is proposing to utilize a lot owned by Sure Ring, Inc. (30 spaces) and an
unimproved lot owned by the Leviathan Land Group, Inc. off of SE 1st Avenue (60
spaces). Both lots have been utilized by 32 East in the past. The Leviathan lot will
become part of the Block 77 project and will probably not be available for use after
January 2000. Therefore I would suggest continued use of this lot with a waiver from
temporary lot improvement requirements. The Parking Management Advisory Board at
their meeting on 05/25/99 recommended approval with the lot waiver (6-0).
Recommendation
Staff recommends approval of the Parking License Agreement with the Avenue Bar and
Grill, Inc. d/b/a 32 East with the lot waiver for the Leviathan property.
RAB/tas
File:u:sweeney/agenda
Doc:052699b.doc
THE EFFORT ALWAYS MATTERS (~).
Pr~nted on Recycled Paper
PARKING LICENSE AGREEMENT
THIS AGREEMENT ("The Agreement") is made this day of , 199__
by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation (the
"CITY"), and THE AVENUE BAR AND GRILL, INC., d/b/a 32 EAST, a Florida
corporation ("LICENSEE").
WITNESSETH:
WHEREAS, LICENSEE has requested permission to use a certain number of public
parking spaces along Atlantic Avenue and certain side streets for valet parking queues; and
WHEREAS, in order to use the parking spaces, the CITY requires that LICENSEE
enter into this non-exclusive License Agreement.
NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the mutual
covenants and conditions contained in this Agreement, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereby agree as follows:
1. Incorporation of Recitals. The parties hereby represent and warrant that the
above recitals are accurate and correct and hereby incorporate them in this Agreement.
2. Parking Queues. The CITY agrees to allow LICENSEE the non-exclusive
use of six (6) parking spaces located on the 1st through 6th spaces on the south side of Atlantic
Avenue, west of S.E. 1st Avenue for valet parking queues. The parking spaces are to be used
for valet parking queues daily between the hours of 5:00 p.m. to 1:00 a.m., Monday through
Sunday. LICENSEE acknowledges that the valet parking queues may be unavailable for use
during certain special events from time to time (as determined in the CITY's sole discretion)
and during the special events, the license will not be valid. It is also understood by the terms
of this Agreement that the valet queue location may from time to time be re-located by the
CITY in its sole discretion after providing thirty (30) days' written notice to LICENSEE.
The valet queues assigned may also be shared by other licensees who enter into a "Valet
Parking License Agreement" with the CITY. The City Police Department is assigned
enforcement responsibilities for the provisions of this agreement regarding the location, time,
days of the valet service, parking limitations and requirements, and compliance with all
applicable laws and ordinances.
3. Parking Locations/Agreements. LICENSEE agrees that it will not park any
cars in CITY owned on-street or off-street parking spaces. LICENSEE further agrees that
LICENSEE will provide the CITY with written assurances and/or a lease agreement for use
of a private parking lot(s). The private lot(s) must also comply with minimum City codes for
a parking lot(s). These assurances and agreements must be provided upon execution of this
License Agreement. Failure to comply with these conditions will be a basis for termination of
this License Agreement.
4. Payment for Parking Queue Spaces. LICENSEE agrees to pay the CITY
fifty dollars ($50.00) per month, per parking queue space utilized by the 10th of each month.
A late fee of 5 % will be charged after this date. If more than one License Agreement is issued
for the queues, the fee will be shared proportionately.
5. Signage. The CITY agrees to post the valet parking queue spaces with valet
parking times and days authorized. Sandwich board signs may not be used to advertise the
valet service. Advertising signs will be allowed as prescribed by the City's Manager or his
designee.
6. Valet Equipment. The LICENSEE'S operator may for the storage of keys
install a moveable, temporary, valet desk on the sidewalk, either public or private, during the
hours of valet service so long as the desk does not impede the pedestrian flow.
7. Term and Renewal. The term of this Agreement shall be for one year from
the date written above and annually for the remaining dates and times by the City Manager
following receipt of a written notice from LICENSEE that LICENSEE desires to continue
using the parking spaces for valet parking queue, if the City Manager determines in his sole
discretion that the renewal is in the best interests of the CITY.
8. Revocable License. This Agreement is only a non-exclusive License
Agreement and may be revoked by the CITY at anytime without cause upon providing written
notice via U.S. Mail to LICENSEE. The revocation shall be effective when mailed.
9. Compliance with Laws. LICENSEE agrees to comply and adhere to all state
laws and local ordinances regarding parking that exist or as amended from time to time.
2
LICENSEE further acknowledges that due to the high traffic in this area, double parking
unattended vehicles will not be permitted.
10. Notice. Notices required to be provided pursuant to this Agreement shall be
sent to the following addresses:
To CITY: David Harden, City Manager
100 N.W. 1st Avenue
Delray Beach, Florida 33444
To LICENSEE: Barbara Straub
The Avenue Bar & Grill, Inc.
32 East Atlantic Avenue
Delray Beach, FL 33444
11. Insurance. LICENSEE agrees to provide the CITY insurance for the valet
service in the amounts and under the conditions prescribed in Exhibit A and the City of Delray
Beach shall be named an additional insured.
12. Indemnification. In consideration of the payment of Ten Dollars ($10.00),
receipt of which is hereby acknowledged, LICENSEE shall protect, defend, indemnify and
hold harmless the CITY from and against any and all claims, suits, actions, damages and/or
causes of action arising during the Term of this Lease for any personal injury, loss of life
and/or damage to property sustained in or about the parking spaces/queues by reason or as a
result of the use and occupancy of the parking spaces/queues by LICENSEE, its agents,
employees, licensees, invitees, and members of the public generally, and from and against any
orders, judgments, and/or decrees which may be entered thereon, and from and against all
costs, attorney fees, expenses and liabilities incurred in and about the defense of any such
claim. In the event the CITY shall be made a party to any litigation commenced against
LICENSEE or by LICENSEE against any third party, then the LICENSEE shall protect,
defend, indemnify and hold the CITY harmless and pay all costs and attorney's fees incurred
by the CITY in connection with such litigation, and any appeals thereof.
13. Third Parties. Nothing in this Agreement, whether express or implied, is
intended to confer any rights or remedies under or by reason of this Agreement upon any
person other than the parties hereto and their respective heirs, successors, legal
representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or
discharge the obligation or liability of any third persons to any party to this Agreement, nor
shall any provision thereof give any third person any right of subrogation or action over or
against any party to this Agreement.
14. Termination. LICENSEE acknowledges that the CITY may terminate this
non-exclusive License Agreement for cause for any violation of any terms and conditions
contained herein without notice unless otherwise specified, and this agreement shall be
immediately deemed null and void and shall have no further force and effect. LICENSEE
will at all times comply with the City's policy/procedure for use of public parking
spaces/queues which shall change from time to time subject to the sole discretion of the City.
15. Taxes. LICENSEE shall pay and comply with all laws regarding taxes, levies,
assessments, fees and charges, including, but not limited to gross receipts, taxes, use taxes,
property taxes, and sales taxes that may be imposed.
16. Assignment. This Agreement shall not be transferred or assigned without the
express written consent of the CITY, which the CITY may withhold grants in its sole
discretion.
17. Further Assurances. The parties shall from time to time execute and deliver
such other and further instruments and documents and do all matters and things which may be
convenient or necessary to more effectively and completely carry out the intent of this
Agreement.
18. Binding Effect. All of the terms and provisions of this Agreement shall be
binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their
respective heirs, successors, legal representatives, and permitted assigns.
19. Entire Agreement. This Agreement shall constitute the entire agreement of the
parties with respect to the subject matter of it. All prior understandings and agreements
between the parties with respect to such matters are merged into this Agreement, which alone
fully and completely expresses their understanding.
20. Amendments. This Agreement may not be amended, modified, altered, or
charged in any respect, except by a further agreement in writing duly executed by each of the
parties hereto.
4
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be duly executed on their behalf this ~ day of ,199
TffE CITY OF DELRAY BEACH,
ATTEST: a Florida Municipal Corporation
By:
City Clerk Jay Alperin
Mayor
Approved as to form:
City Attorney
TffE AVENUE BAR & GRILL, INC. '
a Florj,da Corporation
Na~ Printe~l: ~,~'~f
Title:.,
STATE OF (CORPORATE SEAL)
COUNTY OF
The foregoing instrument was acknowledged before me this 4 V day of
~'~~.., 199_~_,by~~as.j
(name of officer or agent, title of officer or agem), of "/~¢ ~
(name of corporation acknowledging), a _~~tt' r.~7~4- (state or place of
incorporation) corporation, on behalf of the corporation. He~ pe~rsonally known to me or
has produced (type of identification) as identification.
32 F_.~ST V^L£? ~'^Rrd~qG ^GP.F. EMENT.^aT ~.-'~ Commission ~C
5
EXHIBIT A
INSURANCE REQuIREMENTS FORM
1. Worker's Compensation per the Statutory limits of the State of Florida to include
Employer's Liability Insurance with limits of at least $100,000/$500,000/$100,000.
2. Garage Liability Insurance of at least $1,000,000 combined single limits per
occun'ence to protect the City against all risks of. injury to persons (including death)
or damage to property wherever located resulting from any action or operation under
the contract or in connection with the work. This policy is to provide coverage for
premises/operations including auto liability, independent contractors~- broad form
contractual liability, products/completed operations. The liability insurance coverage
shall extend to and include the contractual indemnity and hold harmless agreement
exactly as written in "Insurance Requirements", Section 9 of this RFP.
3. Garage Keepers Insurance with limits of no less than $60,000 per auto, with an annual
aggregate ,~f $500,000.
4. Automobile Liability of at least $300,000 combined single limits per occurrence for
owned/non-owned/hired automobiles connected with the business.
5. The City of De[ray Beach and' PRIVATE LOT OWNERS must be named as
additional insured on the liability policies; and it must be stated on the certificate.
6. Thirty (30) days written cancellation notice required.
7. Best's guide rating B+, VIII or better, latest edition.
valet p=kin$ incuranc¢.agr
TO: DAVID T. HARDEN, CITY MANAGER~.'A~
FROM: DIANE DOMINGUEZ, PLANNING AND ZONING DIRECTOR J_~
SUBJECT: MEETING OF JUNE 1, 1999
DIRECTION REGARDING PROPOSED AGRICULTURAL USE
AND CLASSIFICATION OF PROPERTY LOCATED AT THE
NORTHERN BORDER OF THE CITY ON THE WEST SIDE OF
SEACREST BOULEVARD (ECKLER PROPERTY)
This item involves a site approximately 5 acres in size located at the northern
border of the City on the west side of Seacrest Boulevard. The property was
annexed into the City in 1988. Under the County's jurisdiction it had a
Low/Medium Residential Land Use designation and was zoned for single family
use. Upon annexation into the City it was given a Low Density Residential land
use designation and R-1AA (Single Family) zoning. The property consists of a
single family home and a few mango and citrus trees, which were at one time
used to grow fruit for sale. The grove operation has been inactive for some time.
According to the City's records the property was classified by the Property
Appraiser's office as agricultural in 1994, but has since been classified as
residential.
The prospective purchasers of the property, Chris Wenzel and Ken Stenroos, are
proposing to re-establish and expand the grove operation by planting 2 % acres
of mangoes, % acre of bananas, % acre of palm trees and retaining the % of
citrus (see attached letter). The fruit would be sold at specialty groceries and
green markets, with possible shipping to private individuals.
The use as described is most appropriately located in the Agriculture zoning
district, which lists the following as a permitted use: The conduct of agricultural
operations such as ..... flower growing and fruit, citrus, and orchard groves;...
Initially Mr. Stenroos and Ms. Wenzel inquired as to whether or not a rezoning to
AG (Agriculture) would be supported. That request was forwarded to the
Planning and Zoning Board for a workshop discussion.
At its May 10, 1999 workshop, the Board discussed the request, and indicated
that they would not support a rezoning of the property to Agriculture. Most of
City Commission Documentation
Agricultural Exemption - Eckler Property
Page 2
the members did not have a concern with the proposed fruit growing operation,
although there were some reservations expressed about potential odors frem the
use of fertilizers and pesticides. Their primary concern was with the other types
of uses that are permitted in the ,AG zone, particularly the keeping and raising of
livestock. The preperty is adjacent to single family homes on the north and south,
including the new Hills of Lake Eden subdivision which is undergoing
construction in the city of Boynton Beach. To the east is Seacrest Presbyterian
Church and school, and to the west is Lakeview Baptist Chumh. The Board felt
that the majority of the ,AG related uses are incompatible with surrounding
development, and that the most apprepriate zoning for the property on a long
term basis is residential. Some of the members felt that there should be a way
to maintain the residential zoning but still allow the fruit production.
Based on the feedback given at the P & Z workshop, the buyers decided not to
pursue the rezoning. However, they still want to purchase and live on the
property, plant the trees and ultimately sell the fruit. They also want to apply to
the Property Appraiser's office for an agricultural classification in order to reduce
their property taxes.
There have been other instances of residentially zoned property within the City
being used for agricultural purposes, such as the former 11-acre mango grove
(Byrd property) in the Lake Ida neighborhood and the Nitschke/Payne nursery
operations in the North Federal Highway corridor (zoned RL and RM). The use
of these properties for growing trees and fruit goes back several decades. The
mango grove has since been platted and is being developed as single family
homes. The Nitschke property was identified in the North Federal Highway
Redevelopment Plan as a potential park site. There have been no new
agricultural uses established in the City in recent years.
The current assessed value of the Eckler property is $273,221. If an agricultural
classification is granted for tax purposes, it would apply to approximately 4 acres
of the property (the house and one acre would be assessed as a single family
use). The assessed value of the acreage used for growing would be reduced to
$1400 per acre for the first 5 years after the trees are planted (non-producing
years), then increased to $3000 per acre thereafter for each year that the
operation is conducted (verified through income tax returns).
This item was discussed at the Development Services Management Group
(DSMG) meeting of May 20, 1999. It was determined that the issue should be
brought to the City Commission for policy direction regarding the establishment
of this type of small-scale fruit growing operation in a residential zoning district,
and a determination of whether or not the City would support a change in the
City Commission Documentation
Agricultural Exemption - Eckler Property
Page 3
property's classification for tax purposes from residential to agricultural. Some of
the options to be considered include:
Initiate a change to the R-1AA zoning district regulations to allow a grove or
orchard type operation as either an accessory or conditional use;
Initiate the creation of a new Agricultural zoning district that would allow
orchards and plant nurseries but not livestock operations;
Give direction that the use should not be accommodated in the R-1AA district
and that if the trees are nevertheless planted and the fruit is sold, the City will
object to any request to have the property classified as agricultural for tax
purposes.
Discuss and provide direction.
Attachments:
Location Map
Letter of May 12, 1999 from Chris Wenzel & Ken Stenroos
Florida Statutes 193.461--Agricultural Lands; Classification and Assessment
.W. 36TH AyE-. ,~I,,iHi,~=CITY LIMITS ,,--GULF STREAM=,,= BOULEVARD
SEACREST BL VD.
CON TINUING
/ PRESBYTERIAN
CHURCH &
N.w. 25TH CT. CHRISTIAN
I SCHOOL
BONNIEVl£W RD. i
N.W. 25TH ST.
LA/'~ ~ INU T ROAD A OUA CREST
N.w. 24TH CT. POOL ~'~\C
I---''~ EDEN ~x'~u~,~o°U
N.W. 24TH ST.
E EDEN .-,
N.E. 22ND LANE ,'
UN/TY CHURCH
AND
ELEMEN TAR Y
I I SCHOOL
· 22ND STREET PINE RIDGE RD. N.E. 22ND ST. ~:
<l I < <1 CHURCH I 5
~ ECKLER PROPER~
CITY OF DELRAY BEACH. FL
~LANNINO & ZONING DEPAR~EN~
May 12, 1999
Diane Dominguez, Director
Planning and Zoning
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Re: Eckler Grove
2750 Seacrest Blvd.
Delray Beach
Dear Diane,
Several people have told us that property is appraised for tax purposes based on use and not zoning. We
called the property appraiser's office and they confirmed this. Alan Zech, the agricultural property
appraiser, described the process we needed to go through to have the tax rate changed to agricultural and
suggested that we contact the Delray Beach Planning and Zoning to make sure you did not have a problem
with this change. He said he was pretty sure it would be fine bemuse of the mangoes grown near Lake Ida
(the old Byrd place).
It seems that this creates the perfect opportunity to encourage the preservation of the grove. The city
would be protected from the undesirable agricultural uses as current zoning would continue and we could
restore the grove. (Was this how the Byrd property was treated?.., zoned residential, but tax as
agriculture?)
Before we invest the money to replace trees and install an irrigation system, and the sweat equity to clean
up the place, we would like to have confirmation from the city that our intended use would be permitted.
Our intended use is as follows:
-We plan to plant 2 ½ acres with specialty mango varieties, ½ acre of bananas, ½ acre of palm trees and
retain the ½ acre of citrus.
-We will add an irrigation system, but the mangoes, once established, will not need any irrigation for
most of the year. From flower to harvest (the time of year that they require irrigation), they require less
water than the average lawn. The bananas will require more water. Except for times of extreme cold,
irrigation of the property would be normal for a residential area.
-The property will be fenced and the perimeter planted with foliage plants.
-We will be replacing the grass/weeds on much of the property with mulch (6-10" initially, and 1" per
year thereafter ...as is suggested by Gene Joyner).
-We intend to sell the fruit to specialty markets--natural food groceries and restaurants, sell at green
(farmers') markets, give to charities and perhaps deliver or ship to private individuals.
-The truck traffic will be normal for any private residence. We estimate one load of potting soil per year
and perhaps three trucks picking up fruit per year. Initially many trucks will be dumping mulch on the
property to improve soil structure and moisture retention, but this would happen regardless of what type of
trees we plant.
-We shall be living on the property.
RECEIVED
HAY 1999
& ZONING
This is an unique property. As we see it, there are 4 possible private uses for it:
1) Leave it essentially as it is...undermaintained single family residence. Very little traffic to and from
the property, but this is an unrealistic use as anyone spending the dollars required to purchase the
property would not want to leave it in its current condition.
2) "Develop" the parcel .... which would mean 12 or so houses, increased traffic, etc., and the loss of an
important part of Defray's history and diversity.
3) Purchase by a private individual who wants a large property, presumably to landscape it. Ironically,
ffthe owners wanted a staff of 4 or 5 full time gardeners, this would be fine with the city. However,
this option is also unrealistic as someone with the means and inclination would probably choose a
belter neighborhood,
4) Restoring and continuing the grove. The basic difference bc~veen this option and option #3 is that
we would not be employing gardeners and we would be producing fruit. The appearance of the
property would improve dramatically and traffic would be minimal.
In our opinion, restoring the grove, is the most desirable use of the properly. We would not be selling
fruit on the site, producing any offensive odors, causing increased traffic or keeping livestock. Because
the property has been operated as a grove for so many years, we believe that you should still allow this
We are requesting your support of the agricultural tax rate, and definition of the activities that are
permitted and prohibited on this site. We believe it would be in the city's best interest to support our
intended use of this property.
Thank you.
Chris Wenzel
Ken Stenroos
3340 Ridge Lane
Boynton B~ach, FL 33435
Ch. 193 ASSESSMENTS F.S. ~ F.S. 1997
groundwater is the primary source of potable water for with the value adjustment board requesting that the 1. Land diverted fro
90 percent of FIoridians. The Legislature declares that classification be granted. The petition may be filed at cultural use.
it is in the public interest to allow county governments any time during the taxable year on or before the 25th 2. Land no longer
the flexibility to implement voluntary tax assessment day following the mailing of the notice by the property purposes.
programs that protect the state's high-water recharge appraiser as provided in s. 194.011(1). Notwithstand. 3. Land that has b~
areas, lng the provisions of s. 194.013, the applicant must pay use at the request of
Hl~tory..-s. 12. ch. 79-334; s. 1. ch. 96-204. a nonrefundable fee of $15 upon filing the petition, enactment of this law.
~Note.--Section 10, ch. 96-204, provides that "It]he amendments to section
193.441. section193.625, section193.052, section194.011, section194.032, sec- Upon reviewing the petition, if the person is qualified to (b) The board of co:
tion 194.037, section 195,073, or section 195.096, Florida Stalutes, by this act do receive the classification and demonstrates particular reclassify lands classifie
not preclude the state or any local government from implementing other programs
or measures to protect the high-water recharge areas within the counties of the extenuating circumstances judged by the property rural when there is con:
state." appraiser or the value adjustment board to warrant development and the bc
granting the classification, the property appraiser or the finds that the continued
193.451 Annual growing of agricultural crops, value adjustment board may grant the classification, rural purposes will act a~
nonbearing fruit trees, nursery stock; taxability.-- The owner of land that was classified agricultural in the orderly expansion of the
(1) Growing annual agricultural crops, nonbeadng previous year and whose ownership or use has not (c) Sale of land for ~
fruit trees, and nursery stock, regardless of the growing changed may reapply on a short form as provided by more times the agricultu:
methods, shall be considered as having no ascertain- the department. The lessee of property may make origi- land shall create a pres~
able value and shall not be taxable until they have nai application or reapply using the short form if the used primarily for bon~
reached maturity or a stage of marketability and have lease, or an affidavit executed by the owner, provides Upon a showing of speci
passed from the hands of the producer and/or offered that the lessee is empowered to make application for owner demonstrating tha'
for sale. This section shall be construed liberally in the agricultural classification on behalf of the owner bona fide agriculture, thi~
favor of the taxpayer, and a copy of the lease or affidavit accompanies the ted.
(2) Raw, annual, agricultural crops shall be consid- application. A county may, at the request of the prop- (5) For the purpose o;
ered to have no ascertainable value and shall not be erty appraiser and by a majority vote of its governing poses" includes, but is nc
taxable until such property is offered for sale to the con- body, waive the requirement that an annual application culture; viticulture; fores
sumer, or statement be made for classification of property bee; pisciculture, when
History.---ss. 1, 2, ch. 63-432; s. 1, ch. 67-573; ss. 1, 2. ch. 69-55.
Note.---Former s. 192.063. within the county after an initial application is made and the production of tropica,
the classification granted, lng; and all forms of farm
193.461 Agricultural lands; classification and (b) Subject tothe restrictions set out in this section, (6)(a) In years in whic
assessment.-- only lands which are used primarily for bona fide agri- cultural assessment has
(1) The property appraiser shall, on an annual cultural purposes shall be classified agricultural. "Bona suant to this section, the
basis, classify for assessment purposes all lands within fide agricultural purposes" means good faith commer- based solely on its agr'
the county as either agricultural or nonagricultural, cial agricultural use of the land. In determining whether appraiser shall consider t~-
(2) Any landowner whose land is denied agdcul- the use of the land for agricultural purposes is bona 1. The quantity and ~
tural classification by the property appraiser may fide, the following factors may be taken into consider- 2. The condition of th
appeal to the value adjustment board. The property ation: 3. The present mark
appraiser shall notify the landowner in writing of the 1. The length of time the land has been so utilized; agricultural land;
denial of agricultural classification on or before July 1 of 2. Whether the use has been continuous; 4. The income produ~
the year for which the application was filed. The notifi- 3. The pumhase pdce paid; 5. The productivity of
cation shall advise the landowner of his or her right to 4. Size, as it relates to specific agricultural use; 6. The economic me
appeal to the value adjustment board and of the filing 5. Whether an indicated effort has been made to rural product; and
deadline. The board may also review all lands classi- care sufficiently and adequately for the land in accord-
fled by the property appraiser upon its own motion. The ance with accepted commercial agricultural practices, 7. Such other agricultL
to time become applicable
property appraiser shall have available at his or her including, without' limitation, fertilizing, liming, tilling,
office a list by ownership of all applications received mowing, reforesting, and other accepted agricultural In in which p.
nent has not I:
showing the acreage, the full valuation under s. practices; assessed under the provis
193.011, the valuation of the land under the provisions 6. Whether such land is under lease and, if so, the
, ch. 6T
of this section, and whether or not the classification effective length, terms, and conditions of the lease; and ch. 74-234; s. 3, ch. 76-133; s. 15, c
requested was granted. 7. Such other factors as may from time to time 3. ch. 86-300; s. 23. ch. 90-£
(3)(a) No lands shall be classified as agricultural become applicable. 14s8, ch. 95-147; s. 1, ch. 95
lands unless a return is filed on or before March 1 of (c) The maintenance of a dwelling on part of the 193.481 Assessment
each year. The property appraiser, before so classify- lands used for agricultural purposes shall not in ifsel! ~ubsurface rights.--
lng such lands, may require the taxpayer or the taxpay- preclude an agricultural classification. (1) Whenever the mine
er's representative to furnish the property appraiser (d) When property receiving an agricultural claSSifi- rights in or to real
such information as may reasonably be required to cation contains a residence under the same ownership, been sold or otherwi~
establish that such lands were actually used for a bona the portion of the property consisting of the resider~e real property, or re
fide agricultural purpose. Failure to make timely appli- and curtilage must be assessed separately, pursuant~ or otherwise, s;
cation by March 1 shall constitute a waiver for I year of s. 193.011, to qualify for the assessment limitation ~
treated as an i;
the privilege herein granted for agricultural assess- forth in s. 193.155. The remaining property may I~ to taxation separate an~
ment. However, an applicant who is qualified to receive classified under the provisions of paragraphs (a) ane ) of the fee or other
an agricultural classification who fails to file an applica- (b). oil, gas, and other su~:
tion by March I may file an application for the classifi- (4)(a) The property appraiser shall reclassify the from the fee or other
cation and may file, pursuant to s. 194.011 (3), a petition following lands as nonagricultural: to separate taxatic
1460
F.S.' 1997 ASSESSMENTS Ch. 193
requesting thai 1. Land diverted from an agricultural to a nonagri- against such subsurface interest and not against the
[ion may be cultural use. owner or owners thereof or against separate interests
'~ or before the 2. Land no longer being utilized for agricultural or rights in or to such subsurface rights.
rice by the (2) The property appraiser shall, upon request of
1 (1). Land that has been zoned to a nonagricultural the owner of real property who also owns mineral, oil,
~ apl use at the request of the owner subsequent to the gas, or other subsurface mineral rights to the same
-~ filing the enactment of this law. property, separately assess the subsurface mineral
~erson is The board of county commissioners may also right and the remainder of the real estate as separate
-~onstrates lands classified as agricultural to nonagricul- items on the tax roll.
ad by the lural when there is contiguous urban or metropolitan (3) Such subsudace rights shall be assessed on
:~t board to development and the board of county commissioners the basis of a just valuation, as required by s. 4, Art. VII
~erty appraiser or finds that the continued use of such lands for agricul- of the State Constitution, which valuation, when com-
.~t the ~lural purposes will act as a deterrent to the timely and bined with the value of the remaining surface and
~ed agricultural in orderly expansion of the community, undisposed of subsurface interests, shall not exceed
ship or use has (c) Sale of land for a pumhase price which is 3 or the full just value of the fee title of the lands involved,
form as ' times the agricultural assessment placed on the including such subsurface rights.
~erty land shall create a presumption that such land is not (4) Statutes and regulations, not in conflict with the
;he short if : USed primarily for bona fide agricultural purposes, provisions herein, relating to the assessment and col-
the owner, Upon a showing of special cimumstances by the land- lection of ad valorem taxes on real property, shall apply
make owner demonstrating that the land is to be continued in to the separate assessment and taxation of such sub-
behalf of the bona fide agriculture, this presumption may be rebut- surface rights, insofar as they may be applied.
~vit accompanies ted. (5) Tax certificates and tax liens encumbering sub-
- request of the (5) For thepurposeofthissection,"agriculturalpur- surface rights, as aforesaid, may be acquired, pur-
vote of its includes, but is not limited to, horticulture; flori- chased, transferred, and enforced as are tax certifi-
an ,'ulture; viticulture; forestry; dairy; livestock; poultry; cates and tax liens encumbering real property gener-
sification of bee; pisciculture, when the land is used principally for ally, including the issuance of a tax deed.
~plication is made ~ production of tropical fish; aquaculture; sod farm- (6) Nothing contained in chapter 69-60, Laws of
and all forms of farm products and farm production. Florida, amending subsections (1) and (3) of this sec-
set out in this (6)(a) In years in which proper application for agri- tion and creating former s. 197.083 shall be construed
.rily for bona fide cultural assessment has been made and granted pur- to affect any contractual obligation existing on June 4,
suant to this section, the assessment of land shall be 1969.
'.s good based solely on its agricultural use. The property .~.tory.---.. 1, 2, 3. 4, ch. 57-150; s. 1, ch. 63-355; ss. 1.2, ch. 69-55; ss, 1,
2. ch. 69-60; s. 13, ch. 69-216; s. 2, ch. 71-105; ss. 33, 35, ch. 73-332;, s. 1, ch.
~ the following use factors only: 77.m2; s. 2~, ch. 95-2so.
.~ral purposes is !,~. The quantity and size of the property; ,~..--~o~.~ 5. 193.=1.
e taken into . The condition of the property; 193.501 Assessment of lands subject to a conser-
3. The present market value of the property as
d has been so land; ration easement, environmentally endangered lands,
en continuous; ' 4. The income produced by the property; or lands used for outdoor recreational or park pur-
'; 5. The productivity of land in its present use; poses when land development rights have been con-
.;ific agricultural The economic merchantability of the agricul- veyed or conservation restrictions have been cove-
fort has been product; and nanted.--
for the land in 7. Such other agricultural factors as may from time (1) The owner or owners in fee of any land subject
agricultural applicable, to a conservation easement as described in s.
~rtilizing, liming, In in which proper application for agricul- 704.06(1); land qualified as environmentally endan-
- accepted has not been made, the land shall be gered pursuant to paragraph (6)(i) and so designated
under the provisions of s. 193.011. by formal resolution of the governing board of the
der lease and, ~: s. 1, ch. s?-~ ~?: ss. ~, 2, ch. ~9-55: 5. ~, ch. ~2-1~: municipality or county within which such land is located;
a, ch.?s-13~:s. 15, ch. ~2-~o~: .. ~o,,o, ch. =.~26: 5. ~,ch. land designated as conservation land in a comprehen-
;litions of the lease; 3, ch. a6-300; s. 23, ch. 90-217; ss. 132. 142, ch. 91-112; s. 63, ch.
-nay from time to s. 1468, ch. 95-147; s. 1, ch. 95-404. sire plan adopted by the appropriate municipal or
~ county governing body; or any land which is utilized for
dwelling on Assessment of oil, mineral, and other outdoor recreational or park purposes may, by appro-
9oses shall not priate instrument, for a term of not less than 10 years:
.cation. Whenever the mineral, oil, gas, and other sub- (a) Convey the development dght of such land to
~ an agri¢ in or to real property in this state shall the governing board of any public agency in this state
~er sold or otherwise transferred by the owner within which the land is located, or to the Board of
sisting of the SUch real property, or retained or acquired through Trustees of the Internal Improvement Trust Fund, or to
or otherwise, such subsurface dghts shall a charitable corporation or trust as described in s.
ssessme Ireated as an interest in real property sub- 704.06(3); or
~ining property to taxation separate and apart from the fee or own- (b) Covenant with the governing board of any pub-
~ of fee or other interest in the fee. Such min- lic agency in this state within which the land is located,
il, and other subsurface rights, when sepa- or with the Board of Trustees of the Internal Improve-
~ser shall or other interest in the fee, shall be ment Trust Fund, or with a charitable corporation or
,~ral: to separate taxation. Such taxation shall be trust as described in s. 704.06(3), that such land be
1461
June 1, 1999
Delray Beach City Council
Re: Eckler Grove
2750 Seacrest Blvd.
Delray Beach
We purchased Eclder Grove on May 21, 1999. This property is 4.89 acres, To the best of our knowledge,
we will be the third private owners of the property since records have been kept and the property has been
used agriculturally since the beginmng.
When Mr. William Eckler bought the property in 1942, it was an existing mango and avocado grove.
During the last 57 years, the Ecklers have had a nursery on the property, sold the mangoes and lychee
fruits, and, in the distant past, sold eggs. They have derived income from the land every year since 1942.
As everyone knows, a parcel of this size is usually "developed". While adding more houses to the area
increases the tax base, it is our opinion that retaining the grove is a greater benefit to the community.
This property is a very important part of Delmy's history and continuing to use it as a grove preserves
diversity in the area.
We plan to plant mango, palms and bananas. This type of use is low impact. With the addition of an
irrigation system and foliage plants on the perimeter, the property will be an attractive "greenspace".
We have plans to renovate the 1955 house that is on the property and move in at the end of the summer.
When we spoke with Planning and Zoning about our intended use, there seemed to be a lot of support for
continuing to use the property as a grove. There was a problem in how to allow this use. The three
alternatives that we know of are:
I) Zone it agriculture. This is definitely inappropriate as the broad range of allowed uses would
not be appropriate to the area.
2) Zone it"rural residential."
3) Leave the zoning unchanged, but allow the agricultural tax exemption and limited
agricultural use. (The last year that the Ecklers received the agricultural tax was 1994.)
It seems that the easiest solution is to restore the 1994 status of the property .... residential zoning, but
taxed as agriculture. The property's long agricultural history stumbled only because of the age of the
owners.
To conclude, this is the last of the old groves in the city limits. In our opinion, the most desirable long-
term use for this property is as a grove. We are making a big personal commitment to this end. We hope
that the city will take a small step to support our efforts by allowing low-impact agricultural use.
Preserving the grove would mean protecting part of Delray's history and diversity.
Thank you.
Chris Wenzel
TO: DAVID T. HARDEN, CITY MANAGER ~~L~ ~~
THRU: DIANE DOMINGUEZ, DI RECTOR OF ~LA(~. & Z~~~i~
SUBJECT: MEETING OF JUNE 1, 1999 ** REGULAR AGENDA **
RECOMMENDATION ON PALM BEACH COUNTY LAND USE AMENDMENT
99-99 COM1 (LAKE IDA ROAD AND JOG ROAD).
On July 7, 1998 the City Commission passed resolution No. 42-98 in support of the widening of
Lake Ida Road from Congress west to Military Trail from 2 lanes to 4 lanes. This support was
with the understanding that such four-laning would not lead to approvals of increased densities
in areas immediately west of the City of Delray Beach. The proposed amendment, which is
within the County's jurisdiction involves a change of 25.90 acres of MR-5 (Medium Residential
5) to 17.78 acres of Commercial Low and 8.12 acres of Commercial Low Office for property
located at the northeast corner of Lake Ida Road and Jog Road.
While this proposed land use amendment does not result in increased residential densities, it
does involve increased intensities and consequently an increase in traffic impact on the
surrounding neighborhoods. The current land use designation of MR-5 would allow a maximum
of 129 residential units generating between 906 ADT (average daily trips) for single family
attached or 1,290 ADT for single family detached units. The proposed land use changes to
Commercial Low and Commercial Low-Office will allow between 193,624 and 271,074 sq.ft, of
commercial use and 88,427 and 123,798 sq.ft, of office use. This intensity of development will
generate between 8,113 and 10,655 ADT (average daily trips), a potential 10-fold increase in
average daily traffic. This traffic increase would impact traffic volumes both on Lake Ida Road
and surrounding roadways within the City of Delray Beach.
The Planning and Zoning Board considered the amendment at their May 17, 1999 meeting. No
one from the public spoke and after discussion by the Board they unanimously (7-0)
recommended forwarding a recommendation "strongly objecting" to the County Land Use
Amendment 99-99 COM-I.
By motion, forward a recommendation of denial of County Land Use Amendment 99-99 COM-1
to the Board of County Commissioners.
Attachments:
· County notice of amendment
· Resolution 42-98 (Lake Ida Road widening)
' ~ April 15, 1999
Diane Dominguez, Planning Director
City of Delray Beach
City Hall
100 NW First Avenue
Delray Beach, FL 33444
Dep~ent of Pla.a~ing, RE: Round 99-2 Proposed Future Land Use Atlas Amendment
Zoning a,,u,~,i~g 99-99 C~)M1 (LAKE IDA/JOG)
100 Austral/an Avenue
West Palm Be,ch, FL ,3406 Dear Ms.
(501) 233-5000
Planning Division 233-5300 This letter is to inform you of a proposed amendment to Palm Beach County's
Zoning Division 233-5200 Future Land Use Atlas that may be of interest to you. We are informing you of this
Building Division 233-5100 proposed amendment due to its proximityto the City of Delray Beach. The proposed
amendment, which is identified as 99 - 99 CUM 1 (LAKE IDA/JOG), is requesting
Code Enforcement 233-5500
a land use change from the Medium Residential 5 (MR-5) to Commercial Low with
Contractor's Certification 233-5525
an underlying Medium Residential 5 (CL/5) on 17.78 acres and Commercial Low
Administration Office233-5005 Office with an underlying Medium Residential 5 (CL-OI5) on 8.12 acres. The
Executive Office 233-5003 attached materials provide detailed information regarding this amendment.
www. co.paIm-beach.fl.us
Public hearings have been tentatively scheduled as follows:
· Local Planning Agency (LPA): Friday, June 11, 1999, beginning at
9:00 a.m., to be held at the Planning, Zoning and Building
Department, 4th Floor Conference Room, 100 Australian Avenue,
~.~ ~,.~ch co..ty West Palm Beach, Florida.
Board of County
Commissionem Board of County Commissioners (BCC) Transmittal Public
Maude Ford Lee, Chair Hearing: Wednesday, July 28, 1999, beginning at 9:30 a.m., to be
held at the Jane M. Thompson Memorial Chambers, 6th Floor,
Warren H. Newell, Vice Chairman located at 301 North Olive Avenue, West Palm Beach, Florida.
Karen T. Marcus
If transmitted by the BCC, the proposed amendments will be presented for adoption
Carol A. Roberts at an additional hearing in late November, 1999.
Mary McCarty
You are encouraged to attend the meetings if possible, and/or submit any comments
Burr Aaronson you have to me in writing. Letters received will be attached to the final staff report.
Tony Masilotti If you have any questions or would like more information, feel free to contact me at
(561~33-5373.
County Administrator S,~
Robert Weisman ~'rank M. Duke, AICP
,Planning Director
Attachments: Amendment Summary, Location Map
RECEIVED
'an E~at ovvortun;ry cc: Kathleen Girard l Principal Planner
,V~r~veac~o. Employ~r" Lisa Amara Lowe, Senior Planner APR 1 9 1999
Susan Miller, Planner
TPLANNmNO',AMEND,99-2\S,lespec',Lakemda-JoglnterestedPartiesLe,ter. Munmipali'rm PLANNING & ZONING
~ prfnted o~ ~ paper
FUTURE LAND USE ATLAS AMENDMENT PETITION SUMMARY
~.~ AMENDMENT ROUND 99-2
Item Name: Lake Ida/Jog (Spalding) (99-99 COM 1)
Request: MR-5 to CL/5 (17.78 acres) and CL-O/5 (8.12 acres)
Item: Proposed amendment to the Future Land Use Atlas (FLUA) to
change the future land use designation for a 25.9 acre parcel from
Medium Residential 5 (MR-5) to Commercial Low with an
underlying 5 units per acre (CL/5) on 17.78 acres and Commercial
Low Office with an underlying 5 units per acre (CL-O/5) on 8.12
acres. The site is located on the northeast comer of Jog Road
and Lake Ida Road.
Project Manager: Matthew Zern, Planner
GENERAL DATA
Owner/Applicant ............... Thomas and Betty Jo Spalding; Gianolio Limited
Partnership
Agent ....................... Robert Bentz, Land Design South
Parcel Size ................... 25.9 total acres
Parcel Access ................. Jog Road, Lake Ida Road
Existing Land Use ............. Dormant agricultural/nursery
Present FLU Designation ........ Medium Residential 5 (MR-5)
Present Zoning District .......... Agricultural Residential (AR)
Present Development Potential .. 129 dwelling units (with PUD)
Proposed FLU Designation ...... Commercial Low (CL/5) on 17.78 acres
Commercial Low-Office (CL-O/5) on 8.12 acres
Proposed Zoning District ........ Multiple Use Planned Development (MUPD)
Proposed Development Potential.. 17.78 acres of Commercial uses: 271,074 s.f. max.
and 193.624 s.f. typical;
8.12 acres of Commercial Office uses: 123,798 s.f.
max. and 88,427 s.f. typical
Water/Sewer Service ........... Palm Beach County Water Utilities Department
Annexation Area ............... None
Overlay/Neighborhood Plan ...... None
Commission District ............ Commissioner Aaronson, District 5
T:\PLANNING~a, MEND\99-2\SlTESPEC~Lakelda-Jog\PETSUM.WPD
99-2 FLUA Amendment Petition Summary I 99-99 COM 1 (Lake Ida/Jog)
A RESOLUTIO.~ OF ~--~iE CIT~_' CD~.24ISSION CF ~ C!~ OP
DEL~Y B~, FLORIDA, IN SUPPORT OF T~ FOD~-~ING
OF ~ IDA RO~ B~T~: CO}~G~S A%~%%~ ~%~ MILiT~Y
AS TO ~E RO~Y DESIGN INCLL~IN~, Rl~ NOT LiMIT~
~, T~FIC ~IN~
~TEER REQ~STING ~T ZC.I~ING ~.~ITIES
~$T OF ~ CI~ OF D~.~Y B~CK ~NG ~ ~ IDA
RO~ CO~IDOR NOT BE iNC~S~D ~01~ ~T ~I~ IS
~~LY ~LOR~D; FROV!DiNG ~ E~ECTI%~ DAT~.
~E~, the City Cc~.ission of the City of Delray Beach, by
prior resolution, has rejected the Palm 5eauh County ~oard of Co'~nty
Commissioners not t¢ include the fcur-i~ning of L~ke Ida Road between
Congress Avenue and Milita~ Trail in the Counsy's Fi-;e Year Roadway
I~rovement Plan; and
~E~S, the City Comics!or. has conducte~ p,~llc hear=ngs on
t~s ma~ter for the pu~se cf obtaining inpu~ and t~sti~ony from the
citizens of Delray Beach; and
~AS, the Palm Beach Tcun~y Bc~d cf Counuy Co~.issioners
has indicated =hau f~dinB is available t~ allow the four-l~ing cf this
segment of Lake Ida Road to be placed on the Five Year Roadway
I~rovement PI~ with cons=~ction scheduled to cominco in the year
h~S, the Palm Beach Cc'~=y B~ard cf County Co~hs~ioners
kas dete~ned i~ to be 5n the best interes%s of Palm Beach Cc~.=y to
widen the roadway; and
~~ the =a~m ~each Cc-~uy Board of Co'~ty co~is~ioners
has asked =ha~ the City review
~'~ the City CcmTissior. finds ~t it may be in the best
interests o~ ~he citizens of the Cl=y of Dalray Beach that Lake Ida Road
between Congress Avenue
certain ~alifications.
NOW, ~F0~, BE IT
~1 CI= OF D~L~Y ~, F~RI:'A, AS FCLL. O~S:
Section 1. That the City Co~sion will support the
fo~-l~ing of Lake Ida Road Congress Avenue ~4ili~a~
betwe~
Trail,
~ified as follows:
(A) That Palm Beach C°~ntY ~ha!i c~nsult wi~h the C~'~-Y °f
De,ray Beach on the design and ~--~o"a~n~ of the proposed four-lane
roadway, inclu~inq traffic cal~nq measure~ as appropriate in an effc~
to ~tlga~the i~ac~ of the- road 'Widening on ~he ~es~den~ial
properties alon~ ghie se~ent of th~ ~ad, ~d that the po.~sibi~ity of
circular ~/ves low DroDergt~s which ~u~entlX ~ck ou:_~nt~
~o~d as well as specfnl ~s~ss~er.=' ~-~s=r:ces ~~e constr~ction o~ ~ew
~ (B) Tha= =he City Co~ission's ~u~p=rt of this fo~-lanin~ of
Lake !da Road would be with th~ ~rstandin~ that .,,~h fou~-l~inq
would not lead to approvals of incr~se~ densities in area~
wes~ of thm City of Delra~ ~each.
Sect/on . 2.. That tkis res:lu~icn skall become
i~ediagely upon ~s ~assa~e.
PASS~ g~ ~OP~ in r~u!ar session on this the 7th d~y of
July, 1~98.
-, ,, ,
- 2 - Res. No. 42-98
[IT¥ OF I)ELRI:I¥ BEI:I£H
DELRAY BEACH
~ 100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444 · 561/243-7000
TO: David T. Harden
1993
City Manager
FROM: /~obert A. Barcinski
"Assistant City Manager
DATE: May 25, 1999
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING
JUNE 1, 1999 SPECIAL EVENT APPROVAL -
ART & JAZZ ON THE AVENUE
ACTION
City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled
for July 1, 1999 from 6:00 p.m. to 11:00 p.m., to grant a temporary use permit per LDR
Section 2.4.6 (H) for the closure of Atlantic Avenue from Swinton to N.E. 7th Avenue,
the south side of Atlantic Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub
and Railroad Drive from Atlantic to N.E. 1st Street, and to authorize staff support for
security and traffic control, banner hanging and removal, barricade set up and removal,
clean up, use and set up of City stages.
BACKGROUND
Attached is a request for approval and City assistance for this event from Marjorie
Ferrer. The estimated overtime cost for this event is $7,500. City Commission capped
the amount the City would pay for overtime at $7,$00 for the last five (5) events. Actual
overtime costs for May's event were $6,059. A copy of the certificate of insurance and
hold harmless agreement are attached.
RECOMMENDATION
Staff recommends endorsement of the event, approval of the temporary use permit and
street closure, staff support as requested, use of stages and City barricades, setting an
upper limit of $7,500 for overtime costs with any difference to be paid by the Joint
Venture.
RAB/tas
cc: Lt. Geoff Williams
Joe Weldon
Hoyt Owens
File:u:sweeney/agenda
Doc:O52699a.doc
THE EFFORT ALWAYS MATTERS
CITy A.~,,.. NT
May 20, 1999 aveau;e
Mr. RoBert A. Barcinski, Assistant City manager
City of Delray Beach
100 N.W. 1 ~ Avenue
Delray Beach, FL 33444
RE: AGENDA ITEM - FOR CITY COMMISSION MEETING
SPECIAL EVENT REQUEST - ART & JA77 ON THE AVENUE
Dear Mr. Barcinski:
City Commission is requested to endorse the Art & Jazz on the Avenue event
scheduled for Thursday, July 1, 1999 and to grant a temporary use permit per
LDR'S section 2.4.6(H) for use of City property and right of way.
We are requesting street closure on Atlantic Avenue from:
o Swinton Avenue to 7th Avenue
o South side of Atlantic Avenue from 7th to just past the Blue Anchor
Pub
o Railroad Way from Atlantic Avenue to N.E. l"t Street
Closure will be from 6:00 p.m. to 11:00 p.m.
We are requesting that the City provide staff support for barricade setup and
removal, trash removal and clean up, police security for traffic control, stage use
setup and removal, and banners and signage setup and removal.
The City support of this event, with no charge to the Joint Venture, is crucial to
our success. Your consideration and cooperation is very much appreciated.
Sincerely,
MARJORIE FERRER
Downtown Coordinator
/sk
DELRAY BEACH JOINT VENTURE · Community Redevelopment Agency · Delray Beach Chamber of Commerce · Downtown Development Authority
64 S.E. Fifth Avenue, Delray Beach, FL 33483 · Tel: 40%27%1384 · Fax: 407-278-0555
SPECIAL EVENT
HOLD HARMLESS AGREEMENT
The Downtown Delray Beach Joint Venture in consideration of the payment of ten (1 O)
(Name of Entity)
dollars, receipt of which is hereby acknowledged, agrees to indemnify, hold harmless
and defend the City of Delray Beach, its agents and employees from all suits, actions
and cJaims including attorney's fees and costs attendant to any claim, litigation,
administrative proceeding, appeal and judgment of every name and description brought
against the City as a result of loss, damage or injury to person or property adsing from
and in exchange for the Downtown Deiray Beach Joint Venture use of City facilities or
(Name of Entity)
property for the special event of Art and Jazz. * and hereby releases the City of
(Name of Entity)
DeJray Beach, its agents and employees from ail suits, actions and cJaims including
attorney's fees and costs attendant to any claim, litigation, administrative proceedings,
appeal and judgment of every name and description brought against the City as a
result of loss, damage or injury to person or property arising from the special event of
Art and Jazz.
(Name of Entity)
· This Indemnification and Hold Harmless and Defend Agreement is only tc the extent
of insurance maintained by the Downtown Delray Beach Joint Venture as covered
under Scottsdale Insurance Company Policy number CLS420116.
ART AND JAZZ.
(Name of Special Event)
Witness Name
(Please
type
or
~itneSs
(Please type or print name)
~a~ PL 33447
? .....
n~y B~ rn 33444
_ :.. . .... ~- ~ ~ ,.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~f - REGULAR MEETING OF JUNE 1, 1999
GRANT AWARDS FOR HOUSING REHABILITATION CONTRACTS
DATE: APRIL 3, 1998
This is before the Commission to consider approval of the
following housing rehabilitation contracts:
· $15,576.75 to Frank Bouman Construction for 240 S.W. 14th
Avenue;
· $19,834.50 to Craftsman Plus, Inc. for 707 S.W. 6tn Street;
and
· $25,341.75 to Abisset Corporation for 216 S.W. 8th Court.
Funding in the total amount of $60,753.00 for these three grants
is from 118-1924-554-49.19 (SHIP Housing Rehab).
· $17,775.98 to Dakota Construction for 302 S.W. 2nd Street
Funding for this fourth grant will be from 118-1923-554-49.19
(HOME Housing Rehab).
In general, housing rehabilitation grants through our affordable
housing programs are placed on the agenda as consent items under
award of bids and contracts. In this instance, however, two of
the awards are to other than the iow bidder as explained in the
attached memorandum from the Community Development Division.
Hence, this item is on the regular agenda for consideration.
Recommend approval of the housing rehabilitation grant award
contracts as outlined above.
Agenda Item No.:
AGENDA REQUEST
Requ~ ,~ A ') .... ~Q. ~ Date: May 26, 1999
--Special Agenda
Workshop Agenda
~ Consent Agenda When: June 1, 1999
Description of item (who, what, where, how much):
CASE# ADDRESS CONTRACTOR TOTAL GRANT AMOUNT
98-003 HR 302 SW 2nd Street Dakota Construction $17,775.98
96-026 HR 240 SW 14th Avenue Frank Bouman Construction $15,576.75
95-015 HR 707 SW 6th Street Craftsman Plus, Inc. $19,834.50
99-001 HR 216 SW 8th Court Abisset Corporation $25,341.75
(Example: Request from Atlantic High School for $2,000 to funds project graduation).
ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend approval of three State Housing Initiatives Partnership (SHIP)
Program Housing Rehabilitation Grants and Contract Awards from Account 118-1924-554.49-19
in the amount of $60,753.00 and one HOME Investment Partnership Program Housing
Rehabilitation Grant and Contract Award from Account 118-1923-554.49-19 in the amount of
$ ! 7,775.98. Each grant amount includes contingency.
(Example: Recommend approval with funding from Special Events Account No.
001-3333-555-44.55).
Department Head Signature: ~ ~~'-~-_-x~ --~_~
City Attorney Review/Recommendation (if applicable):.
Budget Director Review (required on all items involving expenditure of funds):
Funding available: ~NO '~0, ~ ! I ~.o~,-, r'~voO,.~" -~-la-}~,at~-.
Funding Alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review: ~ ~
Approved for agenda O
Hold Until: ~
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
MEMORANDUM
TO: David Harden, City Manager
FROM: Charles L. Bender III, Community Development Coordinator/"~
//
THRU: Lula Butler, Community Improvement Director ~/D
DATE: May 26, 1999
SUBJECT: Community Development Division's Housing Rehabilitation Grant Awards for
Four Units
ITEM BEFORE THE COMMISSION
This is to request approval for four Housing Rehabilitation grant awards. This request is in
accordance with the City's Community Development Division's approved Policies and
Procedures.
BACKGROUND
The grant awards are based on the actual cost of the rehabilitation as determined by the Iow
responsible bidder plus a 5% contingency. The contingency may be used for change orders and
all unused funds remain with the Housing Rehabilitation grant program.
Inspection of work is done by the Department of Community Improvement's Building Inspection
and Community Development Division. Contracts are executed between the building contractor
and the property owner. The City remains the agent and this office monitors all work performed
by the contractor ensuring compliance according to specifications and program guidelines. Pay
request forms require both contractor and homeowner's signatures. Grant recipients have met all
eligibility requirements as specified in the approved Policies and Procedures.
The rehabilitation activities 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 Community Development Division is responsible for ensuring that the housing rehabilitation
contracts are awarded to the lowest responsible bidder, as a result of a formal bid process.
Therefore an in-house policy was created to limit awards to the lowest responsible bidder within
10% of the Division's professional in-house estimate. This serves to disqualify unreasonably
low bids and therefore protect against the resulting change order requests. This policy further
assists the Division with its goal of completing each rehabilitation activity utilizing the estimated
amount of funding required.
The Division also limits the number of bids awarded to newly approved contractors/companies in
an effort to evaluate their performance and ensure efficient and expeditious activity completion;
new contractors are limited to one bid award under the initial package.
The Contract Award and Bid Summary sheets are attached for your reference. Bids were
awarded to the "lowest bidder" with the following exceptions:
216 SW 8~ Court: The "lowest bid" is submitted by Craftsman Plus, Inc., an
existing contractor in the City's Affordable Housing Rehabilitation Program. Craftsman
Plus, Inc. has demonstrated a current lack of adequate manpower to handle more than
one full rehabilitation job at a time. Also, Craftsman Plus, Inc. is behind schedule on a
rehabilitation job currently under construction. The bid is awarded to Abisset
Corporation whose bid was the next lowest received.
302 SW 2~d Street: The "lowest bid" is submitted by Frank Bouman
Construction, an existing contractor in the City's Affordable Housing Rehabilitation
Program. Frank Bouman Construction has demonstrated an inability (at current) to
adequately handle multiple rehabilitation jobs concurrently (currently has two jobs under
City's programs). Additionally, staff has concerns regarding the Company's quality of
work at current. The bid is awarded to Dakota Construction, Inc. whose bid was the next
lowest received.
RECOMMENDATION
Staff recommends awarding the bids for four Housing Rehabilitation projects to the verified
responsible low bidders and authorizes awards in the following amounts:
Case Number Address Contractor Grant Amount
98-003 HR 302 SW 2nd Street Dakota Construction $17,775.98
96-026 HR 240 SW 14th Avenue Frank Bouman Construction $15,576.75
95-015 HR 707 SW 6th Street Craftsman Plus, Inc. $19,834.50
'99-001 HR 216 SW 8th Court Abisset Corporation $25,341.75
'99-001 HR requires approval of a special exception since the required rehabilitation cost (with
5% contingency) exceeds the City's local policy which limits the maximum grant amount at
$25,000.00. Approval of this item will provide authorization to proceed with this special
exception case as well.
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
AFFORDABLE HOUSING REHABILITATION PROGRAM
BID/QUOTATION INFORMATION SHEET
BID/QUOTATION #: 99-23 HR
APPLICANT: Retha Rowell
PROJECT ADDRESS: 240 SW 14th Avenue
DATE OF BID LETTERS: May 4, 1999
DATE OF BID OPENING: May 20~ 1999
NAME OF CONTRACTORS AMOUNT OF BIDS
ABISSET CORPORATION $ 1C230.00
WILLIAM HATCHER CONSTRUCTION $
T. H. MOTTLEY CONSTRUCTION $
KONRADY CONSTRUCTION CO, INC. $
CRAFTSMAN PLUS, INC. $ 15~390.00
DAKOTA CONSTRUCTION, INC. $ 18~441.62
J.A.S. CONSTRUCTION $
HENRY HAYWOOD $
FRANK BOUMAN CONSTRUCTION $ 14~835.00
MICHAEL SHUBERT CONSTRUCTION, INC. $
WRIGHT'S WAY ROOFING $
SOUTH FLORIDA CONSTRUCTION $
NAUTILUS CONTRACTING CO., INC. $
IN-HOUSE ESTIMATE $ 13~160.00
CONTRACTOR AWARDED CONTRACT: Frank Bouman's Construction
BID~CONTRACT AMOUNT: $14~835.00
FUNDING SOURCE: SHIP Rehabilitation Pro~,ram~ Account No. 118-1924-554.49-19
COMMENTS:
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
AFFORDABLE HOUSING REHABILITATION PROGRAM
BID/QUOTATION INFORMATION SHEET
BID/QUOTATION #: 99-23 HR
APPLICANT: Ouida Puckett
PROJECT ADDRESS: 707 SW 6th Street
DATE OF BID LETTERS: May 4~ 1999
DATE OF BID OPENING: May 20~ 1999.
NAME OF CONTRACTORS AMOUNT OF BIDS
ABISSET CORPORATION $ 20~805.00
WILLIAM HATCHER CONSTRUCTION $
T. H. MOTTLEY CONSTRUCTION $
KONRADY CONSTRUCTION CO., INC. $
CRAFTSMAN PLUS, INC. $ 18~890.00
DAKOTA CONSTRUCTION, INC. $ 26~230.86
J.A.S. CONSTRUCTION $
HENRY HAYWOOD $
FRANK BOUMAN CONSTRUCTION $
MICHAEL SHUBERT CONSTRUCTION, INC. $
WRIGHT'S WAY ROOFING $
SOUTH FLORIDA CONSTRUCTION $
NAUTILUS CONTRACTING CO., INC. $.
IN-HOUSE ESTIMATE $ 18~100.00
CONTRACTOR AWARDED CONTRACT: Craftsman Plus~ Inc.
BID/CONTRACT AMOUNT: $18~890.00
FUNDING SOURCE: SHIP Rehabilitation Program~ Account No. 118-1924-554.49-19
COMMENTS:
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
AFFORDABLE HOUSING REHABILITATION PROGRAM
BID/QUOTATION INFORMATION SHEET
BID/QUOTATION #: 99-23 HR
APPLICANT: Jesse Anderson
PROJECT ADDRESS: 302 SW 2na Street
DATE OF BID LETTERS: May 4~ 1999
· DATE OF BID OPENING: May 20, 1999
NAME OF CONTRACTORS AMOUNT OF BIDS
ABISSET CORPORATION $
WILLIAM HATCHER CONSTRUCTION $
T. H. MOTTLEY CONSTRUCTION $
KONRADY CONSTRUCTION CO., INC. $
CRAFTSMAN PLUS, 1NC. $ 18,035.00
DAKOTA CONSTRUCTION, INC. $ 16~929.51
J.A.S. CONSTRUCTION $
HENRY HAYWOOD $
FRANK BOUMAN CONSTRUCTION $ 14~567.00
MICHAEL SHUBERT CONSTRUCTION, INC. $
WR1GHT'S WAY ROOFING $
SOUTH FLORIDA CONSTRUCTION $
NAUTILUS CONTRACTING CO., INC. $
IN-HOUSE ESTIMATE $ 12~835.00
CONTRACTOR AWARDED CONTRACT: Dakota Construction~ Inc.
BID/CONTRACT AMOUNT: $16,929.51
FUNDING SOURCE: HOME Rehabilitation Program, Account No. 118-1923-554.49-19
COMMENTS: Bid/Contract awarded to the second lowest bidder~ Dakota Construction, Inc. The
lowest bidder, Frank Bouman's Construction, has two proiects in progress. Additionally, there is
concern regarding the quality of the company's work.
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
AFFORDABLE HOUSING REHABILITATION PROGRAM
BID/QUOTATION INFORMATION SHEET
BID~QUOTATION #: 99-23 HR
APPLICANT: Sharon E. Brown
PROJECT ADDRESS: 216 SW 8th Court
DATE OF BID LETTERS: May 4~ 1999
DATE OF BID OPENING: May 21~ 1999
NAME OF CONTRACTORS AMOUNT OF BIDS
ABISSET CORPORATION $ 24~135.00
WILLIAM HATCHER CONSTRUCTION $
T. H. MOTTLEY CONSTRUCTION $
KONRADY CONSTRUCTION CO., INC. $
CRAFTSMAN PLUS, INC. $ 22~290.00
DAKOTA CONSTRUCTION, INC. $ 33~690.55
J.A.S. CONSTRUCTION $
HENRY HAYWOOD $
FRANK BOUMAN CONSTRUCTION $
MICHAEL SHUBERT CONSTRUCTION, INC. $
WRIGHT'S WAY ROOFING $
SOUTH FLORIDA CONSTRUCTION $
NAUTILUS CONTRACTING CO., INC. $
IN-HOUSE ESTIMATE $ 20~953.00
CONTRACTOR AWARDED CONTRACT: Abisset Corporation
BID/CONTRACT AMOUNT: $24,135.00
FUNDING SOURCE: SHIP Rehabilitation Program, Account No. 118-1924-554.49-19
COMMENTS: The bid/contract was not awarded to the lowest bidder because Craftsman Plus~ Inc.
does not currently have adequate manpower to handle more than one iob. AIso~ Craftsman Pius~
Inc. is behind schedule on a rehabilitation iob currently under construction. Bid/contract is awarded
to the next highest bidder, Abisset Corporation.
MEMORANDUM
: TO: MAYOR AND CITY COMMISSIONERS
FROM: DAVID T. HARDEN, CITY MANAGER ~
SUBJECT: INCREASING PENSIONS FOR RETIRED EMPLOYEES
DATE: JUNE 1, 1999
This issue was previously considered by the Commission at the March
work session. At that time the Commission suggested setting a new
minimum of $500 per month, and using a two-tiered approach with a 5%
increase for those receiving $2,000 per month or less, with a lesser
increase for those receiving over $2,000 per month. Also, staff was
requested to obtain the actuarial cost of increasing the general retirees
pension benefit in the same manner as the Police and Firefighters
Pension Board requested for their employees. We now have that
information.
Attached is a spread sheet showing a side-by-side comparison of changes
in the Consumer Price Index since 1972, previously granted benefit
enhancements, the Pension Board proposal and the staff proposal. Also
attached is a list of all retirees, their retirement date, years of service,
type of retirement, and gross monthly benefit.
The City has increased pensions twice in the past. Police Officers and
Firefighters who retired prior to October 1, 1990, received a 5% increase
starting April 1, 1993. Earlier, those who retired prior to October 1,
1987, received an increase of 2% per year for each year they had been
retired, starting January 1, 1988. Since we did increase pensions the 2%
per year, I do not feel that another variable increase based on the
number of years since retirement is appropriate. General employees
received an increase of 2% per year for each year of retirement prior to
February 28, 1986. Then employees who retired prior to January 1,
1991, received a 5% increase starting January 1, 1993.
The Pension Board's proposal would offset none of the impact of inflation
for those who have retired since 1989. For those who retired in 1989 it
would offset about one-sixth (1/6) of inflation (5% benefit increase versus
31.2% Consumer Price Index increase). For those who retired between
1971 and 1977, about 40% of the impact of inflation would be offset.
The staff proposal keeps the offset in the range of 20% to 35%.
Considering all of the above, I make the following recommendations:
1. Increase retirement benefits for retirees who retired prior to
September 30, 1993 by 5%, up to a maximum of $100.00 per month.
(Those receiving over $2,000 per month would get a $100.00 per
month increase. Those receiving $2,000 per month or less would get
a 5% increase).
2. Increase the minimum benefit for employees with over ten years of
service to $500.00 per month. Note that we have some recent retirees
reCeiving less than $500 per month because their service with the City
was fairly short. I do not think it is fair to increase their benefits to
equal those with longer tenure with the City.
In actuality we would propose to fund these additional benefits from the
overfunded balance of each pension fund, so there would be no added
annual cost to the City. Once the Commission agrees on appropriate
benefit enhancements, we will prepare the necessary ordinances and
actuarial evaluations.
S / CityClerk/Memo / Pen sion
~ ~1 '°°°°°°°°°°°°°°°°°°°°°
oooooooooooooooooooooo
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oooooooooooooooooooooo
Retire Name: Retire~eht : :Te~!~at!On: Ym Mos Retirement Benefit
OUINN, Joseph 12-01-71 09-15-48 11-30-71 23 02 Normal $603.09
CROFT, R.C. 05-01-72 01-03-38 05-01-72 34 03 Normal $1,023.23
BUCHAN, Homer 09-01-74 01-03-56 08-31-74 18 07 Disability $997.76
BROWN, Redick 03-01-76 07-29-72 02-11-76 03 06 Disability $838.79
MICHAEL, Donald 04-01-76 08-01-54 03-30-76 21 07 Normal $945.55
COOK, Clarence 03-01-77 11-01-54 02-25-77 22 03 Normal $1,662.52
SLAGER, Robert 03-01-79 02-12-53 02-23-79 26 00 Normal $1,295.77
HILL, William 06-01-80 01-07-67 05-23-80 13 04 Normal $936.85
SEMOSH, Alex 09-01-80 11-01-50 08-29-80 29 09 Normal $1,443.90
BRAILFORD, Clifford 03-01-81 02-08-57 02-13-81 24 00 Normal $1,125.20
HELVENSTON, James 05-01-81 10-01-63 04-25-81 17 06 Normal $885.15
GERNER, Raymond 09-01-81 06-16-66 08-31-81 15 02 Disability $979.19
BEAN, Willie 11-01-81 09-01-68 10-20-81 13 07 Disability $1,270.33
NUBIN, Theron 05-01-82 10-06-67 04-16-82 14 06 Disability $583.88
BERGLIN, Allen 11-01-83 11-19-73 10-18-83 09 10 Disability $1,341.59
MOORE, Fenton 12-01-83 11-01-64 11-15-83 19 00 Disability $1,595.90
MICHAEL, Harold 05-01-84 10-01-63 04-17-84 20 06 Disability $1,976.24
SMITH, Dennis 06-01-84 02-24-64 05-15-84 20 02 Disability $2,496.17
JACKSON, Michael 12-01-84 08-15-67 11-16-84 17 03 Disability $2,618.95
MAGINLEY, Lestroy 04-01-85 02-15-70 03-31-85 15 01 Normal $1,287.99
WEBB, Donald 12-01-85 11-06-63 11-16-85 22 00 Normal $1,172.29
RUFFING, Robert 02-01-87 08-06-74 01-09-89 12 05 Disability $1,983.66
BRADBURY, Wayne 03-01-87 10-01-67 02-27-87 19 04 Disability $2,189.57
ROSEKE, Wayne 08-01-87 11-15-63 07-31-87 23 08 Normal $1,320.23
ANDREWS, John 11-01-89 10-01-73 10-17-89 16 00 Disability $2,056.90
WAUGH, Michael 11-01-89 12-14-81 10-27-89 07 10 Disability $2,197.06
PITTMAN, Bernard 01-01-90 02-16-80 12-15-89 09 09 Disability $2,020.22
WAY, John 01-01-90 11-19-73 12-15-89 16 00 Disability $1,987.27
HORN, Robert 01-01-90 10-19-67 12-30-89 22 02 Normal $1,656.17
SHEA, James 01-01-90 12-06-66 12-08-89 23 00 Normal $1,980.20
WONDRA, Dennis 01-01-90 10-08-67 12-29-89 22 02 Normal $2,066.28
BALDWIN, Benjamin 03-01-90 03-01-70 03-01-90 20 00 Normal $1,481.76
MALINOWSKI, Michael 07-01-90 08-19-72 06-22-90 17 10 Disability $2,708.91
ZIEGLAR, Frederick 08-01-90 09-05-78 07-19-90 11 10 Disability $2,444.75
KILGORE, Charles 11-01-90 04-24-61 10-31-90 29 06 Normal $4,090.01
BROOKS, Lorenzo 01-01-91 11-01-63 08-22-86 22 09 Normal $1,511.78
SHINHOLT, Richard 05-01-92 11-04-85 04-15-92 06 05 Disability $2,324.77
TVVITTY, J.J. 08-01-92 04-01-68 07-31-92 24 04 Normal $2,432.98
HILL, Earkis 11-01-92 10-02-72 05-15-91 18 07 Normal $1,307.31
COCHRANE, William 06-01-93 10-18-71 06-15-94 22 07 Normal $3,583.93
HENRIQUES, Frank 06-01-93 11-01-66 05-28-93 26 06 Normal $3,231.97
EVANS, Robert W. 07-01-93 06-15-63 06-15-93 30 00 Normal $2,556.29
INMAN, Wayne 10-01-93 11-01-71 09-16-93 21 10 Normal $2,084.85
LEE, Selwyn 12-01-93 08-20-72 11-26-93 21 03 Normal $2,014.42
BUCE, Thomas 06-01-94 10-15-73 05-20-94 20 07 DROP $1,954.19
MOOK, Thomas 06-01-94 10-04-71 05-20-94 22 07 DROP $2,147.34
TRAWICK, Dou~llas 06-01-94 08-14-73 05-13-94 20 08 DROP $2,438.69
Se~iee MOnthly
TyPeof ] pension
Retiree Name Retire~ht Hire i~afion ~ M~ Re~J~ement Benefit,
RYNCARZ, Frank 07-01-94 10-04-71 06-25-94 22 08 Normal $3,091.77
KOPEL, Joseph 07-01-94 10-15-73 06-25-94 20 08 DROP $2,354.79
HERNDON, Kenneth 08-01-94 10-21-74 07-31-94 19 09 Normal* $1,997.42
SENFF, Richard 08-01-94 07-19-76 07-19-94 18 00 Normal* $2,310.77
DAMATO, Alfred 08-01-94 10-02-72 07-08-94 21 09 DROP $1,965.16
LEWIS, Allen 12-01-94 01-27-75 11-30-94 19 10 Disability $3,416.25
CREASMAN, Terry 02-01-95 12-18-75 11-01-89 13 10 Normal $1,229.93
CATO, Michael 06-01-95 04-21-75 06-01-95 20 01 DROP $2,512.28
GARITO, Elario 07-01-95 10-01-73 06-02-95 21 08 DROP $1,999.48
STRAGHN, Randy 10-01-95 01-27-75 09-23-95 20 07 DROP $2,150.96
SYLVESTER, Robert 04-01-96 05-15-75 03-22-96 20 10 Normal $1,752.74
D'ATRIO, Richard 05-01-96 03-22-72 05-31-96 24 02 DROP $2,599.45
BROWN, Robert II 08-01-96 05-17-76 07-31-96 20 02 DROP $2,035.78
MORLEY, Dennis 09-01-96 06-24-76 08-31-96 20 02 DROP $2,062.88
BOMBACl E, William 11-01-96 10-02-78 10-23-96 18 00 Disability $2,704.46
LINCOLN, Richard 12-01-96 11-27-73 11-23-96 22 11 Normal $3,065.41
GALYON, Jeffery 01-01-97 06-18-85 12-18-96 11 06 Disability $2,412.23
FAHEY, Glenn 02-01-97 01-13-86 01-15-97 11 00 Disability $2,701.54
MELIS, Alberto 02-01-97 10-01-73 01-06-97 23 03 Normal $2,971.51
WIGDERSON, Michael 02-01-97 09-08-72 01-08-97 24 04 DROP $3,341.65
HENDRICKS, Michael 05-01-97 01-22-74 04-30-97 23 03 DROP $2,920.34
SEARLES, Barry 05-01-97 04-25-77 04-25-97 20 00 DROP $2,003.81
SCHOFIELD, Pete 06-01-97 05-30-77 05-30-97 20 00 DROP $1,807.82
HAAS, Maurice 02-01-98 01-02-73 02-01-98 25 00 DROP $2,989.53
HULL, Steven 05-01-98 04-25-77 05-01-98 21 00 DROP $2,082.95
REGO, William 05-01-98 10-02-72 05-01-98 25 06 DROP $2,285.10
BATEMAN, Susan 06-01-98 02-21-89 05-20-98 09 02 Disability $2,857.08
MARTIN, Glasco 06-01-98 02-24-73 06-01-98 25 03 DROP $2,447.30
CUMMINGS, David 10-01-98 06-14-93 09-26-98 05 03 Disability $2,069.40
NEDDO, Arthur 10-01-98 10-01-73 10-01-98 25 00 DROP $2,847.90
ELDRED, Cynthia 01-01-99 02-21-89 01-01-99 09 10 Disability $3,014.26
MORLEY, Edward 03-01-99 01-03-77 02-28-99 22 01 Normal $3,083.53
*Early Retirement Incentive
WORTHING, Hallie 06-01-74 04-16-55 05-31-74 19 01 Normal $635.47
MITCHELL, George 12-01-77 03-19-57 11-30-77 20 08 Normal $517.49
THOMAS, Maria 06-01-78 03-16-60 05-31-78 18 02 Normal $446.82
WHITE, E.R. 06-01-78 02-24-64 05-26-78 14 03 Normal $465.75
GODFREY, Kathryn 11-01-78 11-01-68 10-31-78 10 00 Normal $400.00
CARTEE, Wade 01-01-79 01-08-62 12-31-78 16 11 Normal $754.95
SCHULT, Patti 04-01-79 10-15-59 03-30-79 19 05 Normal $400.00
NIEVES, Eufemio 07-01-79 06-30-69 06-30-79 10 00 Normal $400.00
DICAMPLI, Mary 11-01-79 10-15-59 10-14-79 20 00 Normal $425.94
ERRIGO, Robert 12-01-79 09-02-69 11-02-79 10 02 Normal $445.67
REID, Roy 04-01-80 07-14-69 03-07-80 10 07 Normal $611.97
BOURBONNIERE, Jacqueline 08-01-80 02-12-62 07-11-80 18 04 Normal $602.72
LAPOINTE, John 12-01-80 11-12-70 11-28-80 10 00 Normal $400.00
WEBER, Thomas 02-01-81 04-06-62 01-31-81 18 09 Normal $1,419.98
KEANE, Hugh 01-01-82 03-16-69 12-18-81 12 09 Normal $648.14
JONES, William 12-01-82 09-03-68 11-30-82 14 02 Normal $563.84
CHARLOW, Willie 06-01-83 02-14-72 05-02-83 11 02 Normal $400.00
MORRIS, Eligah 10-01-83 02-01-53 09-30-83 30 07 Normal $1,089.08
MC LENDON, James 03-01-84 01-08-74 01-11-84 10 00 Normal $708.79
ANKNEY, Richard 10-01-84 08-08-74 09-07-84 10 00 Normal $400.00
B^RR, Harold 10-01-84 03-25-74 09-07-84 10 05 Normal $400.00
POWELL, Joseph 04-01-85 11-07-67 04-01-85 17 04 Normal $652.19
DOOLEY, Frank 07-01-85 04-12-60 07-01-85 25 02 Normal $927.41
HYCH, J.W. 02-01-86 09-19-69 08-03-83 13 10 Normal $435.71
SMITH, William 02-01-86 04-21-65 01-31-86 20 09 Normal $619.47
JOHNSON, Louis 06-01-86 05-27-68 05-28-86 18 00 Normal $887.54
BROOKS, Floyd 08-01-86 05-31-62 07-30-86 24 01 Normal $1,039.12
BRAU NSTEI N, Leah 03-01-87 07-19-76 02-06-87 10 06 Normal $476.49
GEORGE, John 05-01-87 12-10-73 04-30-87 13 04 Normal $826.82
SCOTT, Norbert 01-01-88 06-12-72 12-31-87 15 05 Normal $1,339.43
COWDREY, Marie 04-01-88 01-02-73 03-30-88 15 02 Normal $721.42
HANKERSON, Therman 08-01-88 02-23-78 07-29-88 10 05 Normal $411.25
MONTFORT, Riley 08-01-88 06-24-74 07-15-88 14 00 Normal $597.11
TYSON, Albert 10-01-88 08-30-55 09-30-88 33 01 Normal $1,649.97
^ILSTOCK, Robert 05-01-89 09-25-72 01-18-85 12 03 Normal $861.27
MORREALE, Salvatore 06-01-89 05-03-79 05-31-89 10 00 Normal $692.37
ROLLE, Norman 08-01-89 07-15-55 07-15-89 34 00 Normal $1,545.89
LASTER, Garfield 10-01-89 09-22-71 09-22-89 18 00 Normal $842.37
SIMMONS, Willie 11-01-89 03-01-79 10-31-89 10 07 Normal $550.27
KNUDSON, John 12-01-89 09-24-79 11-13-89 10 01 Normal $569.69
ARN^U, Elizabeth 02-01-90 07-15-74 01-05-90 15 05 Normal $2,077.70
LANG, Willie 02-01-90 11-01-60 01-31-90 29 02 Normal $1,314.06
AXELROD, Charles 01-01-91 10-01-80 12-31-90 10 02 Normal $893.08
JOHNSON, Dewey 01-01-91 08-28-78 12-31-90 12 04 Normal $924.48
D^VIDSON, Norma 02-01-91 01-26-81 01-27-91 10 00 Normal $484.07
CONDRY, Willie 05-01-91 04-09-81 04-12-91 10 00 Normal $593.68
MILLER, Paul 06-01-91 08-28-74 05-01-91 16 08 Normal $834.84
HUGHES, Stanley 01-01-92 11-25-74 02-08-93 18 02 Normal $795.54
CHURCH, Gerald 04-01-92 05-15-78 03-31-89 10 10 Normal $1,385.22
JOHNSON, Calvin 06-01-92 10-01-80 05-01-92 11 07 Normal $976.66
DERANGO, Ernes~ 09-01-92 08-01-75 08-14-92 17 00 Normal $1,046.42
BARNES, Samuel 10-01-92 10-08-73 09-25-92 18 11 Normal $926.45
TYSON, John 12-01-92 02-25-82 11-06-92 10 08 Normal $492.18
MORRISON, Susan 08-01-93 07-09-73 07-16-93 20 00 Normal $1,452.36
ROTI, Nancy 08-01-93 11-15-71 07-16-93 21 08 Normal $1,754.98
THORNTON, James 11-01-93 10-03-73 10-04-93 20 00 Normal $1,270.58
BARRECA, Sally 06-01-94 08-10-85 05-20-94 08 09 Normal $491.30
KLEINMAN, Selma 07-01-94 06-13-75 06-30-94 19 00 Normal $1,438.43
EVANS, Robert A. 10-01-94 06-03-87 09-30-94 07 03 Normal $400.00
FOSTER, Edward 11-01-94 10-01-69 10-07-94 25 02 Normal $1,674.38
BOLT, Richard 12-01-94 06-04-75 09-30-92 17 03 Early $1,051.73
SWANSON, Ruth 12-01-94 01-12-81 11-30-94 13 10 Normal $910.12
BRAILFORD, Clifford 02-01-95 06-06-88 01-27-95 06 07 Normal $400.00
BELL, Katherine 07-01-95 11-21-83 04-08-94 10 04 Normal $513.82
RODRIGUEZ, Rosendo 07-01-95 03-28-88 06-30-95 07 03 Normal $493.60
LONTOS, Joseph 08-01-95 08-24-89 07-07-95 05 10 Normal $400.00
CLARK, Mitzi 12-01-95 12-27-82 11-30-95 12 11 Normal $778.02
DOSTAL, Mary 12-01-95 11-10-80 11-30-95 15 00 Normal $1,003.34.
TARTER, Katherine 01-01-96 11-19-87 12-29-95 08 01 Normal $374.13
GRAHAM, Lee 03-01-96 01-14-86 02-29-96 10 01 Normal $1,081.33
OLDAKER, Mildred 03-01-96 04-06-87 02-16-96 08 10 Normal $362.41
JOHNSON, Willie 08-01-96 02-07-77 07-31-96 19 05 Normal $1,042.92
OAS, Mary 08-01-96 01-16-74 07-05-85 11 05 Normal $476.81
GREENBERG, Harvey. 01-01-97 08-27-84 12-31-96 12 04 Normal $1,206.33..
PENNETTA, Arthur 01-01-97 12-18-86 12-31-96 10 00 Normal $972.97
BALVIN, George 04-01-97 12-21-87 03-07-97 09 02 Normal $505.20
GARLAND, Robert 04-01-97 05-24-56 03-28-97 40 10 Normal $1,751.90
PULLUM, Daniel 04-01-97 06-21-76 03-21-97 20 09 Normal $1,079.33
HATTON, John 06-01-97 01-02-90 05-08-97 07 04 Disability $1,653.54
MANNING, Charlotte 06-01-97 04-17-89 05-30-97 08 01 Normal $349.42
FRANK, Donald 07-01-97 03-13-89 06-13-97 08 03 Normal $400.34
FOSTER, Sylvia 08-01-97 07-27-87 07-31-97 10 00 Normal $631.78
GILLIAM, Edward 12-01-97 04-30-79 01-15-90 10 08 Normal $562.93
MORGAN, Sharon 01-01-98 10-21-85 12-31-97 12 02 Normal $900.54
GANGEMI, Rocco 07-01-98 09-11-89 06-01-98 08 08 Normal $378.24
JOHNSON, Edward 11-01-98 10-22-74 10-16-98 23 11 Early $947.49
GARLAND, Arthur 03-01-99 02-22-56 02-26-99 43 00 Normal $2,277.15
SUNDERMAN, Frieda 04-01-99 03-31-80 03-31-99 19 00 Normal $1,102.32
MEMORANDUM
To: David T. Harden, City Manager
From: Joseph M. Safford, Finance Director
Date: May 12, 1999
Subject: Retirement Benefit Enhancement for Existing Retirees (Retired Over 10 Years)
The Police and Firefighters Pension Board requested that all retirees who have been retired over
10 years be considered for a retirement benefit enhancement in accordance with the following
formula:
· Retirees who have been retired less than 11 years (1-10) would receive no adjustment
· Retirees with 11-20 years of retirement will receive .5% per year for each year retired
· Retirees with over 20 years of retirement will receive 1% for each year retired
· The minimum monthly benefit would be increased from $400 to $500
· The actuarial cost of this benefit would be $58,995 per year
The City Commission discussed this proposal at their March 10, 1999 Special Meeting and
requested an actuarial costing for the General Employees Pension Plan using the identical criteria.
The actuarial cost of this benefit for the General Employees Pension Plan would be $66,548 or
· 61% of payroll.
04/29/99 THU 09:00 FAX 9545250083 ___GABRIEL,ROEDER,SMITH&CO. ~002
GABRIEL, ROEDER~ SMITH & COMPANY
Con.ul-~nts & Actuaries
301 East Las Otas Blvd. · Suite 200 · Ft. Lauderclale, FL 33301 · 954-527-1616 · FAX 954-525-0083
April 28, 1999
Mr. Joseph M. Safford
Finance Director
City of Delray Beach
100 Northwest 1st Avenue
Delmy Beach, Florida 33444
Re: General Employees Retirement Plan
Dear Joe:
In your letter of March 23~, you asked us to determine the actuarial impact of a proposal to
provide a one-time increase in benefits for those who are already retired. Under the proposal, the
annual rate of benefits would increase by $64,458. The present value of this increase in benefits
is $537,227 as of October 1, 1998. This increase in present value wo[JId raise the required annual
contribution by $66,,548, or 0.61% of covered payroll.
Please contact us if you have any further questions.
Sincerely yours,
~ at~m~
J. Stephen ~
JSP/or
£1T¥ DF DELRR¥ BER£H
DELRAY BEACH
AlI-AmedcaOity
~ S~phen P~qui~
093 ~bdel, R~er, S~ & Comply
301 ~ O1~ Boulev~ Sui~ 200
Ft. ~uder~e, Fl. 33301
Re: Request for Benefit C~culations- ~neral Employes Pension Plan
D~ S~ve:
~e Ci~ Comssion ~ r~u~ ~ acmad~ m~g of a m~ of liv~g alm~five for retirees
~d beneficimes ~ fo~ows:
I. Retke~ who ~ve been re~ l~s ~ I1 ym~ {1-10) ~1 receive no co~ of living
~ju~ment
~s who Mve been refir~ more ~ I0 but less ~ 21 y~s (11-20) ~11 receive .5%
per y~ for tach ymr ~ey ~ve b~n retir~
3. R~r~ who ~ve been r~r~ more ~ 20 y~ ~11 r~ive 1.0~ per ymr for tach ymr
· ey Mve been r~
4.~e ~imum mont~y benefit is incr~ed ~om $400 per mon~ to $500 per mon~
Pl~e co~ider ~s r~u~ a pfiod~ item ~ ~t ~e Ci~ Co~ssion is awaiting tbs co~ing in
order m approve some fora of benefit to our proem r~ees ~d beneficiades.
~ you for your ~ntinued ~opemtion ~d ~sim~.
Sincerely,
Cc: David T. Harden, City Manager
THE EFFORT ALWAYS MATTERS
on Recyc/ed Paper
MEMORANDUM
To: David T. ~Manager ~..
From: Joseph 1VL~d~ce Director
Date: Ausust 10, 1998
Subject: General EmPloyees' Retirement Plan- COLA Request
The last cost of living issued to retirees in the G-metal Employees Retirement Plan was effective
January 1, 1993. We have had inquiries fi-om retirees if it would be possible for the City
Commission to address this issue since it appears they have addressed this issue in five (5) year
As you know, with an approval of our request to change the actuarial assumption on investment
eamings fi-om 7.25% to 8% (recommended by actuaries), the City required contribution to the
pension plan could conceivably be zero (0). We are currently scheduling a General Employees'
Pension Board meeting to have this recommendation approved. This would mean that the current
required City contribution of 5:36% would be reduced to 0.00% of payroll.
Please provide your position on this nmtter.
cc: General Employees' Pension Board
General Employees' Pension file
Board of Trus tees
CITY OF DELRA Y BEACH
POLICE AND FIREFIGHTERS RETIREMENT SYSTEM
100 N. gr. 1st Avenue
Delray Beach, Florida 33444
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER ,., ___
FROM: LIEUTENANT ROBERT BROVVN, CHAIRMAN J/) ~,~
CITY OF DELRAY BEACH POLICE & FIREFiGh'I'ERS' RETIREMENT
DATE: JULY 27, 1998
SUBJECT: ONE TIME BENEFIT INCREASE FOR RETIRED MEMBERS
At the request of retired members of the Police and Firefighters' Retirement System, a sub-
committee was formed to review and consider raising their monthly benefits. Members, who
retired prior to September 30, 1993, are on a fixed income without any additional adjustments;
therefore, during the past year, these members approached the Board with this request.
Only twice since 1974 when the retirement plan was put in place has the Board reviewed and
made recommendations to the Commission for a benefit increase. These "one-time"
recommendations (once in 1988 and again in 1993) were approved and the retirees received an
additional monetary benefit, in both instances all retirees considered for an increase were given
a percentage increase. This gave our retirees soma relief from the inflation that was ravaging
their pensions.
This sub-committee reviewed only those retirees' accounts not covered by a Benefit
Enhancement, reviewed the current monthly pension payment, and attempted to come up with a
plan to help those members who were receiving the least money. It was also decided that we
should attempt to minimize the impact of any increase on the plan and the City.
The sub-committee's first recommendation after the review is that retirees who have been retired
less than 1! (1-10) years did not appear to be seriously suffedng from the effect of inflation;
therefore we recommend no increase. Retirees who have been retired more than 10 but less
than 20 (11-20) years should receive .5% per year for each year they have been in retirement.
For those Retirees who have been retired more than 20 (20+) years should receive 1% per year
for every year in retirement. The sub-committee felt that by addressing the increases in this way
the likelihood for further requests would be minimized.
An actuarial study was done to determine the cost of the proposal: the total cost projected was
$58,995 per year paid off in 15 years for a total cost to the plan of $480,313 of 0.55% of this
year's covered payroll.
The proposal was presented and recommended for approval by the Board for consideration by
the Commission.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # e~t/'~ REGULAR MEETING OF JUNE 1, 1999
APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY
DATE: MAY 28, 1999
John Weaver's term on the Community Redevelopment Agency will expire on July 1,
1999. Mr. Weaver was appointed in June 1995. He is eligible and would like to be
considered for reappointment. The term of office is for four (4) years, beginning July 1,
1999 and ending July 1, 2003.
Per Statute, a person may be appointed as a CRA commissioner if he or she resides in or is
engaged in business (which means owning a business, practicing a profession or
performing a service for compensation, or serving as an officer or director of a corporation
or other business entity) within the area of the agency which is coterminous with the
municipality and is otherwise eligible for such appointment. The City Attorney has
determined that anyone who resides within the City limits is eligible for appointment. A
person cannot hold any other public office other than his/her commissionership or office
with respect to the Community Redevelopment Agency.
The following people have submitted their application for review and consideration.
Thomas F. Carney, Jr. (currently serving on the Delray Beach Housing Authority)
Anne M. Gannon
Alexander "Sandy" Simon
Roger M. Simon (currently serving as an alternate on the Code Enforcement Board)
James F. Stahl
Kevin P. Warner
John D. Weaver (incumbent)
I. Elizabeth Wesley
Pursuant to Commission direction, a check for code violations and/or municipal liens was
conducted. None were found.
Based on the rotation system, the appointment will be made by Commissioner Randolph
(Seat #4).
Recommend appointment of a member to the Community Redevelopment Agency for a
four year term ending July 1, 2003.
BEACH
~ CITY OF DELRAY BEACH
~llIJ BOARD MEMBER APPLICATION
Please type or prim the follow;mi ,information:
, , .
]. '~'t~e:' . . ' ' ~an~ -3b~,,~
,
" ' ' - ' Zip Co~
' ?. Li~ gl Ci~ B~ds ~' whic~ y~ ~ ~atl~ ~i~ ~ ~e pmg{ous]y se~ed:'~l~ include
' 9. u~ ~y rel~ed ~ofessi~al ~ai~Sbns ~d li~s which ~o~ hold: -
I O. Give your present, or most recent emp'ibyer, a~d position: .............
-3 I. ~i~ ex~i~=, s~lls or~wl~ge Willh q~i~' ~u to ~e on tis ~d: ~t~, ~h a bfiefr~ume)'
~/~ ~ep~V~~., ~O~~9 ~~/~ ~ CHA~~- G~
missent of mater~l ~ ~n~i~d in ~ eppll~tlon may ~use ~ffeltu~ upon my pa~
No~: ~s ~pli~fion ~I m~ on ~ ~ ~ C{~ C~k's ~ce ~r a ~fiod of'2 y~ ~om~e dd~ it w~
~d. It ~ ~ ~e ~pli~t's ~po~biff~ ~ ~ ~t s c~t ~pli~gon is on
nECEIVEO
~AY 2 5 1999
CITY
John D. Weaver
310 Southeast 1st Street, Suite 4
Delray Beach, FL, 33483
(560 243-8700
Tuesday, May 25, 1999
Mayor Alperin and City Commissioners
City of Delray Beach
100 N.W. 1 st Avenue
Delray Beach, FL 33444
Re: CRA Board
Mayor Alperin and City Commissioners:
It is hard to believe it has been four years that I have been serving on the Community
Redevelopment Board. I have greatly enjoyed my association with such a great CRA and I
especially appreciate your confidence in me to serve as chairman for over three of those years.
We have made some wonderful progress over the past four years as we have accomplished many
of our goals and objectives. However, as you know we still have a long way to go.
It is with sincere interest that I ask for the reappointment of my commission seat. I thank you for
your highest consideration.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~{2/I
SUBJECT: AGENDA ITEM # &] ~I~ REGULAR MEETING OF JUNE 1, 1999
APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY
(RESIDENT MEMBER)
DATE: MAY 28, 1999
With the resignation of Melody Davis (resident member) from the Delray Beach Housing
Authority this creates a vacancy for an unexpired term ending July 14, 2002.
Per statute, an appointee may not be an officer or employee of the City. Further, each
housing authority must have at least one member who is a resident, current in rent, of the
housing project or a person of low or very low income who resides within the housing
authority% jurisdiction and is receiving rent subsidy through a program administered by
the authority.
The following application has been received for consideration:
Yvonne C. Wilson
Pursuant to Commission direction, a check for code violations and municipal liens was
conducted. None were found.
According to Florida Statutes, members are appointed by the Mayor and ratified by the
Commission. However, at the City Commission meeting of June 5, 1991, a consensus
was reached whereby each Commissioner would, on an informal basis and according to
the rotation procedure, make a recommendation to the Mayor as to the Housing Authority
appointees. If the applicant is acceptable, Commissioner Archer (Seat ~2 ) will make the
recommendation for this appointment.
Recommend appointment of a resident member to the Delray Beach Housing Authority
for an unexpired term ending July 14, 2002.
BOARD MEMBER APPLICATION
1993
Please type or print the following information:
1. Last Name: Name Middle Initial
Wilson Yvonne C.
2. Home Address: City S~ate Zip Code
1200 S. W. 7th, St~. Apt. FO2 Delray Beach FL 33444
3. Legal Residence City State Zip Code
Same as above
4. Principal Business Address: City l State Zip Code
301 S. W. 14th Ave. Delray Beach FL 33444
5. Home Phone: (561) 265-7256 Business Phone: ( 561 ) 243-1585
6. What Board(s) are you interested in serving?
Delray Housing Authorit.~
7. List all City Boards on which you are currently serving or have previously served: (Please include dates)
None
8. Educational qualifications:
12th
9. List any related professional certifications and licenses which you hold:
None
10. Give your present, or most recent employer, and position:
Delray Beach Full Service Center Cafeteria (Palm Beach County School Board)
Frankie Bair 543-1585
11. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume)
I hereby certify that all the above statements are true, and f agree and understand that any
misstatement of material facts contained in this application may cause forfeiture upon my part of
any appointment ! may receive.
Si . .. DATE
Note: This application will rem__mr~ on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
Al'ION
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM #/O~- REGULAR MEETING OF JUNE 1, 1999
RESOLUTION NO. 29-99 (CRA REDEVELOPMENT REVENUE BONDS)
DATE: MAY 28, 1999
Late in the day on Friday, May 28th, we received a call from the
Community Redevelopment Agency notifying us that additional legal
work is necessary on the proposed bond issue prior to City
Commission consideration.
The reason the item appears on the agenda is that required
advertising was published indicating that this item would be
heard on June 1, 1999. The CRA has indicated they believe the
item will be ready for consideration as a special item on the
June 8th workshop agenda.
I recommend the City Commission postpone consideration of
Resolution No. 29-99 authorizing the CRA to issue redevelopment
revenue bonds to the date certain of Tuesday, June 8, 1999, at
6:00 p.m. in the First Floor Conference Room.
ref:agmemol8.CRA.bond
[ITY OF DELRI:IY BEI:IgH
CiTY ATTORNEY'S OFFICE ~°° ~TM^~' ~'~^~'~^~" ~o~,~^ ~.
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
Ali. America City MEMORANDUM
,~,lj~,',,l' ]3ATE: May20, 1999
~ 993 TO: City Commission
FROM: Jay T. Jambeck, Assistam City Attorney]
SUBJECT: Transfer of Property to Habitat for Huntanity.
The attached quit-claim deed, if approved, would transfer one parcel to Habitat
for Humanity of Boca-Defray. The City acquired the lot from Palm Beach County as a
result of the County acquiring the lot due to unpaid taxes. The lot is located at 333 NW
4~h Avenue. Pursuam to Section 36.35 of the City code, a public hearing has been
scheduled with respect to the transfer of lots.
Please do not hesitate to contact me if you should have any questions.
Attachment
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Charles Bender, Community Developmem Coordinator
Mike Simon, Affordable Housing Administrator
Prepared by: RETURN:
Jay T. Jambeck, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Defray Beach, Florida 33444
Property Control Number 12-43-46-16-01-033-0170
QUIT-CLAIM DEED
THIS QUIT-CLAIM DEED, executed this ~ day of June, 1999 by CITY OF DELRAY BEACH, a Florida municipal corporation, and having its
principal place of business at 100 N.W. 1st Avenue, Defray Beach, Florida 33444, First Party, to: HABITAT FOR HUMANITY OF BOCA-DELRAY, INC.,
a Florida non-profit corporation, whose mailing address is 2200 N.W. 2nd Avenue, Boca Raton, Florida 33431, Second Party:
(Whenever used herein the term ' First Party" and "Second Party" include singular and plural, heirs, legal representatives, and assigns of individuals, and the
successors and assigns of corporation, whenever the context so admits or requires.)
WITNESSETH, that the said First Party, for and in consideration of the sum of Ten ($10.00) Dollars in hand paid by the said Second Party, the receipt
whereof is hereby acknowledged, does hereby remise, release and quit-claim unto the said Second Party forever, all the right, rifle, interest, claim and demand
which the said First Party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Palm Beach, State of Florida,
to-wit:
South 50 feet of North 300 feet of W 135 feet of Block 33 Town of Linton (now known as Delray Beach), according to
the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded
in Plat Book 1, Page 3.
TO HAVE and to HOLD the same together with all and singular the appurtenances thereunto belonging or anywise appertaining, and all the estate,
right, title, interest, lien, equity and claim whatsoever of the said First party, either in law or equity, to the only proper use, benefit and behalf of the said Second
Party forever.
IN WITNESS WHEREOF the said First Party has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed by its
proper officers thereunto duly authorized, the day and year first above written.
WITNESS #h PARTY OF THE FIRST PART
CITY OF DELRAY BEACH, FLORIDA
By:
(name printed or typed) Jay Alperin, D.D.S., Mayor
WITNESS//2: ATTEST:
By:.
(name printed or typed) Alison MacGregor Harty, City Clerk
Approved as to Form:
STATE OF FLORIDA Jay T. Jambeck, Assistant City Attorney
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this __ day of June, 1999, by who is personally known
to me/or has produced (type of identification) as identification and who did (did no0 take an oath.
Signature of Notary Public-State of Florida
quitdeed.agt
~ Boc~ g~o~ NL~$, Mo~'I).,~', M~* 31, 1999
?'~ Roc~ Rq~rON NEws, MON~t~x, MAY 24, 1999
CITY OF DELRriY BEACH
CITY ATTORNEY'S OFFICE ~°° ~ "'^~"~' ~"^~-^~", ~°"~^ ~""
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
Ali.America City MEMORANDUM
1993
TO: Barbara Garito, Deputy City Clerk
FROM: Jay T. Jambeck, Assistant City Attomey~
SUBJECT: Notice of Intent to Transfer Lot.
Attached is a Notice of Intern to Transfer Lot to be published in the News on
May 24 and May 31 of 1999.
The quit-claim deed, to be acted on by the Commission, will be sent over to be
placed on the agenda for the June 1, 1999 City Commission meeting after the May 18
Commission meeting.
Please do not hesitate to contact me if you should have any questions.
Attachment
cc: Charles Bender, Community Development Coordinator
Michael Simon, Affordable Housing Administrator
~ s'//t/'~?
NOTICE OF INTENT TO EXCHANGE REAL PROPERTY
NOTICE IS HEREBY GIVEN that the City of Delray Beach, Florida, announces its
intention to transfer the following real property:
The South 50 feet of the North 300 Feet of the West 135 feet of Block 33,
Town of Linton (now known as Delray Beach), according to the Plat thereof on
file in the Office of the Clerk of the Circuit Court in and for Palm Beach
County, Florida, recorded in Plat Book 1, Page 3.
The transfer of the property is to be accomplished through the execution of a Quit
Claim Deed in favor of Habitat for Humanity. Further information, as available,
may be obtained from the City Manager's Office. The City Commission of the
City of Delray Beach, Florida, shall consider a resolution authorizing the
exchange at their regular City Commission meeting of June 1, 1999 at 6:00 p.m.
in the City Commission Chambers, City Hall.
Publish: The News
May 24, 1999
May 31, 1999
TO THE MAYOR AND COMMISSIONERS
' OF THE
CITY OF DELRAY BEACH
A PETITION CONCERNING BEACH AREA PARKING
WE THE UNDERSIGNED BEACH AREA RESIDENTS, DESIRING TO MAINTAIN THE CHARACTER OF,
AND THE QUALITY OF LIFE IN, THE BEACH AREA OF DELRAY BEACH, ARE ADAMANTLY OPPOSEDTO
EITHER A PARKING GARAGE EAST OF THE INTRACOASTAL WATERWAY OR THE NIGHT-TIME USE OF THE
CITY'S BEACH PARKING LOTS. WE RESPECTFULLY REQUEST THAT THE CITY COMMISSION NOT
AUTHORIZE EITHER COURSE OF ACTION.
Sicjna!ure Printed Name Address
'7 .~' . ~ ,
I ~ ' - ..... /
~ .d. . ---- . _ ~. .
- . ~ - ' ~ '-' . . , /- .
. _ _ .-~ .........- ....
'"7' ~ ' ' '~ ' ' '- ,- ' , - -,~o
TO THE MAYOR AND COMMISSIONERS
· OF THE
CITY OF DELRAY BEACH
A PETITION CONCERNING BEACH AREA PARKING
WE THE UNDERSIGNED BEACH AREA RESIDENTS, DESIRING TO MAINTAIN THE CI-IARAC~ OF,
AND THE QUALITY OF LIFE IN, THE BEACH AREA OF DELRAY BEACH, ARE ADAMANTLY OPPOSEDTO
EITHER A PARKING GARAGE EAST OF THE INTRACOASTAL WATERWAY OR THE NIGHT-TIME USE OF THE
CITY'S BEACH PARKING LOTS. WE RESPECTFULLY REQUEST THAT THE CITY GOMMISSION NOT
AUTHORIZE EITHER COURSE OF ACTION.
Sigoalure Printed Nam~e .Add. re~
I'- ) ' -'-' - I' -'
/ -
I ~
12.
1~.
14 , .
15.
16.
17.
18.
19.
20.
25'
' - TO THE MAYOR AND COMMISSIONERS
OF THE
CITY OF DELRAY BEACH
A PETITI ON CONCERN I NG BEACH AREA PARK I NG
WE THE UNDERSIGNED BEACH AREA RESIDENTS, DESIRING TO MAINTAIN THE CHARACTER OF,
AND THE QUALITY OF LIFE IN, THE BEACH AREA OF DELRAY BEACH, ARE ADAMANTLY OPPOSEDTO
EITHER A PARKING GARAGE EAST OF THE INTRACO~ WATERWAY OR THE NIGHT-TIME USE OF THE
CITY'S BEACH PARKING LOTS. WE RESPECTFULLY REO. UEST THAT THE CITY COMMISSION NOT
AIYTHORIZE EITHER COURSE OF ACTION.
Signature printed, Name ,Ad ,dr,ess
//
.~---'.
~/~,
20.
TO THE MAYOR AND COMMISSIONERS
OF THE
CITY OF DELRAY BEACH
A PETITION CONCERNING BEACH AREA PARKING
WE THE UNDERSIGNED BEACH AREA RESIDENTS, DESIRING TO MAINTAIN THE CHARACTER OF,
AND THE QUALITY OF LIFE IN, THE BEACH AREA OF DELRAY BEACH, ARE ADAMANTLY OPPOSEDTO
EITHER A PARKING GARAGE EAST OF THE INTRACOASTAL WATERWAY OR THE NIGHT-TIME USE OF TIlE
CITY'S BEACH PARKING LOTS. WE RESPECTFULLY REQUEST THAT THE CITY COMMISSION NOT
AUTHORIZE EITHER COURSE OF ACTION.
TO THE MAYOR AND COMMISSIONERS
OF THE
CITY OF DELRAY BEACH
A PETITION CONCERNING BEACH AREA PARKING
WE THE UNDERSIGNED BEACH AREA RESIDENTS, DESIRING TO MAINTAIN THE CHARACTER OF,
AND THE QUALITY OF LIFE IN, THE BEACH AREA OF DELRAY BEACH, ARE ADAMANTLY OPPOSEDTO
EITHER A PARKING GARAGE EAST OF THE INTRACOASTAL WATERWAY OR THE NIGHT-TIME USE OF THE
CITY'S BEACH PARKING LOTS. WE RESPECTFULLY REQUEST THAT THE CITY COMMISSION NOT
AUTHORIZE EITHER GOURSE OF ACTION.
TO THE MAYOR AND COMMISSIONERS
OF THE
CITY OF DELRAY BEACH
A PETITION CONCERNING BEACH AREA PARKING
WE THE UNDERSIGNED BEACH AREA RESIDENTS, DESIRING TO MAINTAIN THE CHARACTER OF,
AND THE QUALITY OF LIFE IN, THE BEACH AREA OF DELRAY BEACH, ARE ADAMANTLY OPPOSEDTO
EITHER A PARKING GARAGE EAST OF THE INTRACOASTAL WATERWAY OR THE NIGHT-TIME USE OF THE
CITY'S BEACH PARKING LOTS. WE RESPECTFULLY REQUEST THAT THE CITY COMMISSION NOT
AUTHORIZE EITHER COURSE OF ACTION.
Sionature ...., Printed Name Address
, 7,~v ~.~ ~ - . . / - _
~ j ' _ /
{ ..... ~ - _ ,. ~ ~- .... ~ -.
~ .... ~ ' ' ' .d -- - / ,.~
TO THE MAYOR AND COMMISSIONERS
OF THE
CITY OF DELRAY BEACH
A PETITION CONCERNING BEACH AREA PARKING
WE THE UNDERSIGNED BEACH AREA RESIDENTS, DESIRING TO MAINTAIN THE CHARACTER OF,
AND THE QUALITY OF LIFE IN, THE BEACH AREA OF DELRAY BEACH, ARE ADAMANTLY OPPOSEDTO
EIq2-IER A PARKING GARAGE EAST OF THE I1WI2~CO~ WATERWAY OR THE NIGHT-TIME USE OF THE
CITY'S BEACH PARKING LOTS. WE RESPECTFULLY REQUEST THAT THE CITY COMMISSION NOT
AUTHORIZE EITHER COURSE OF ACTION.
S,ic. ln ,at.ure printed Name, Address
~. .7~ ,~2~;.~ :,:~( / ~ ::~.~
1~.
TO THE MAYOR AND COMMISSIONERS
OF THE
CITY OF DELRAY BEACH
A PETITION CONCERNING BEACH AREA PARKING
WE THE UNDERSIGNED BEACH AREA RESIDENTS, DESIRING TO MAINTAIN THE CHARACTER OF,
AND THE QUALITY OF LIFE IN, THE BEACH AREA OF DELRAY BEACH, ARE ADAMANTLY OPPOSEDTO
EITHER A PARKING GARAGE EAST OF THE INTRACOASTAL WATERWAY OR THE NIGHT-TIME USE OF THE
CITY'S BEACH PARKING LOTS. WE RESPECTFULLY REQUEST THAT THE CITY COMMISSION NOT
AUTHORIZE EITHER COURSE OF ACTION.
ZY
TO THE MAYOR AND COMMISSIONERS
OF THE
CITY OF DELRAY BEACH
A PETITION CONCERNING BEACH AREA PARKING
WE THE UNDERSIGNED BEACH AREA RESIDENTS, DESIRING TO MAINTAIN THE CHARACTER OF,
AND THE QUALITY OF LIFE IN, THE BEACH AREA OF DELRAY BEAGH, ARE ADAMANTLY OPPOSEDTO
EITHER A PARKING GARAGE EA. ST OF THE INTRACOASTAL WATERWAY OR THE NIGHT-TIME USE OF THE
CITY'S BEACH PARKING LOTS. WE RESPECTFULLY REQUEST THAT THE CITY COMMISSION NOT
AUTHORIZE EITHER COURSE OF ACTION.
.Signature Printed Na,me, ~ddress
TO THE MAYOR AND COMMISSIONERS
OF THE
CITY OF DELRAY BEACH
A PETITI ON CONCERN I NG BEACH AREA PARK I NG
WE THE UNDERSIGNED BEACH AREA RESIDENTS, DESIRING TO MAINTAIN THE CHARACTER OF,
AND THE QUALITY OF LIFE IN, THE BEACH AREA OF DELRAY BEACH, ARE ADAMANTLY OPPOSEDTO
EI22-1ER A PARKING GARAGE EAST OF THE INTRACOAKrAL WATERWAY OR THE NIGHT-TIME USE OF THE
CITY'S BEACH PARKING LOTS. WE RESPECTFU~Y REQUEST THAT THE CITY COMMISSION NOT
AUTHORIZE E1TttER GOURSE OF ACTION.
.P, rinted N~ame Address
' TO THE MAYOR AND COMMISSIONERS
OF THE
CITY OF DELRAY BEACH
A PETITION CONCERNING BEACH AREA PARKING
WE THE UNDERSIGNED BEACH AREA RESIDENTS, DESIRING TO MAINTAIN THE CHARACTER OF,
AND THE QUALITY OF LIFE IN, THE BEACH AREA OF DELRAY BEACH, ARE ADAMANTLY OPPOSEDTO
EITHER A PARKING GARAGE EAST OF THE INTRACOASTAL WATERWAY OR THE NIGHT-TIME USE OF THE
CI'I~"'S BEACH PARKING LOTS. WE RESPECTFULLY REQUEST THAT THE CITY COMMISSION NOT
AUTHORIZE EITHER COURSE OF ACTION.
~.tqre Printed Name Address
~ ,.
. -~. ~.~ _=_ ~~ ~ ~ /~-~,'~' ~~,/'~ ~,: - /~.~ I
~~ ~ , - . .....
TO THE MAYOR AND COMMISSIONERS
OF THE
CITY OF DELRAY BEACH
A PETITION CONCERNING BEACH AREA PARKING
WE THE UNDERSIGNED BEACH AREA RESIDENTS, DESIRING TO MAINTAIN THE CHARACTER OF,
AND THE QUALITY OF LIFE IN, THE BEACH AREA OF DELRAY BEACH, ARE ADAMANTLY OPPOSEDTO
EITHER A PARKING GARAGE EAST OF THE INTRACOASTAL WATERWAY OR THE NIGHT-TIME USE OF THE
CITY'S BEACH PARKING LOTS. WE RESPECTFULLY REQUEST THAT THE CITY COMMISSION NOT
AUTHORIZE EITHER COURSE OF ACTION.
~a_[ur_fp~,.~ .,, .. Printed Name Address
17. '
TO THE MAYOR AND COMMISSIONERS
OF THE
CITY OF DELRAY BEACH
A PETITION CONCERNING BEACH AREA PARKING
WE TIlE UNDERSIGNED BEACH AREA RESIDENTS, DESIRING TO MAINTAIN THE CHARACTER OF,
AND THE 0_UALITY OF LIFE IN, THE BEACH AREA OF DELRAY BEACH, ARE ADAMANTLY OPPOSEDTO
EITHER A-PARKING GARAGE EAST OF THE INTRACOASTAL WATERWAY OR THE NIGHT-TIME USE OF THE
CITY'S. BEACH PARKING LOTS. WE RESPECTFULLY REQ.UEST THAT THE CITY COMMISSION NOT
AIJTtIORIZE EITHER COURSE OF ACTION.
SiQnature ~ Ad,dress,
~ . ~ I,~ !F _ .
17.
18.
19.
20.
TO THE MAYOR AND COMMISSIONERS
OF THE
CITY OF DEI. RAY BEACH
A PETITION CONCERNING BEACH AREA PARKING
WE THE UNDERSIGNED BEACH AREA RESIDENTS, DESIRING TO MAINTAIN THE CHARACTER OF,
AND THE QUALITY OF LIFE IN, THE BEACH AREA OF DELRAY BEACH, ARE ADAMANTLY OPPOSEDTO
EITHER A PARKING GARAGE EAST OF THE INTRACOASTAL WATERWAY OR THE NIGHT-TIME USE OF THE
CITY'S BEACH PARKING LOTS. WE RESPECTFULLY REQUEST THAT THE CITY COMMISSION NOT
AUTHORIZE EITHER COURSE OF ACTION.
Siqnature Printed Name Addmss
16.
17.
19.
20.
TO THE MAYOR AND COMMISSIONERS
OF THE
CITY OF DELRAY BEACH
A PETITION CONCERNING BEACH AREA PARKING
WE THE UNDERSIGNED BEACH AREA RESIDENTS, DESIRING TO MAINTAIN THE CHARACTER OF,
AND THE O..UALITY OF LIFE IN, THE BEACH AREA OF DELRAY BEACH, ARE ADAMANTLY OPPOSEDTO
EITHER A PARKING GARAGE EAST OF THE INTRACOASTAL WATERWAY OR THE NIGHT-TIME USE OF THE
CITY'S BEACH PARKING LOTS. WE RESPECTFULLY REO_UEST THAT THE CITY COMMISSION NOT
AU'I~ORIZE EITHER COURSE OF ACTION.
Signature Printed Na.m__.e_ ~A~
15.
17.
18.
20.
TO THE MAYOR AND COMMISSIONERS
OF THE
CITY OF DELRAY BEACH
A PETITI ON CONCERN I NG BEACH AREA PARK I NG
WE THE UNDERSIGNED BEACH AREA RESIDENTS, DESIRING TO MAINTAIN THE CHARACTER OF,
AND THE QUALITY OF LIFE IN, THE BEACH AREA OF DELRAY BEACH, ARE ADAMANTLY OPPOSEDTO
EITHER A PARKING GARAGE F, AST OF THE INTRACOASTAL WATERWAY OR THE NIGHT-TIME USE OF THE
CITY'S BEACH PARKING LOTS. WE RESPECTFULLY REQUEST THAT THE CITY COMMISSION NOT
AUTHORIZE EITHER COURSE OF ACTION.
~re printed Name Address
id; "
4. ~cl~/ ;~ ,1t, 3'r~J~ S-°
~', j~; ~$n'~.l _,z- o
12. ,Lt
14
15.
16.
17.
18.
19.
20.
TO THE MAYOR AND COMMISSIONERS
OF THE
CITY OF DELRAY BEACH
A PETITI ON CONCERN I NG BEACH AREA PARK I NG
WE THE UNDERSIGNED BEACH AREA RESIDENTS, DESIRING TO MAINTAIN THE CHARACTER OF,
AND THE QUALITY OF LIFE IN, THE BEACH AREA OF DELRAY BEACH, ARE ADAMANTLY OPPOSEDTO
EITHER A PARKING GARAGE EAST OF THE INTRACOASTAL WATERWAY OR THE NIGHT-TIME USE OF THE
CITY'S BEACH PARKING LOTS. WE RESPECTFULLY REQUEST THAT THE CITY COMMISSION NOT
AUTHORIZE EITHER COURSE OF ACTION.
Sic~ature_:/q, ~ .Printed N{~,mp .Address
- /
10./~ ~---- ~z~-~ 1,4 ~ ,.~ . G ~ ~.~ , ~. c~ /t/ ~_ ~ ~ ~' ,..-~--~
11.
12.
13.
14
15.
16.
17.
18.
19.
20.
TO THE MAYOR AND COMMISSIONERS
OF THE
CITY OF DELRAY BEACH
A PETITION CONCERNING BEACH AREA PARKING
WE THE UNDERSIGNED BEACH AREA RESIDENTS, DESIRING TO MAINTAIN THE CHARACTER OF,
AND THE QUALITY OF LIFE IN, THE BEACH AREA OF DELRAY BEACH, ARE ADAMANTLY OPPOSEDTO
EITHER A PARKING GARAGE EAST OF THE INTRACOASTAL WATERWAY OR THE NIGHT-TIME USE OF THE
CITY'S BEACH PARKING LOTS. WE RESPECTFULLY REQUEST THAT THE CITY COMMISSION NOT
AUTHORIZE EII'HER COURSE OF ACTION.
Si..qnature Printed Name Address ,.
~7.
~8.
20.
,! ..... TO THE MAYOR AND COMMISSIONERS
' OF THE
CITY OF DELRAY BEACH
A PETITION CONCERNING BEACH AREA PARK lNG
WE THE UNDERSIGNED BEACH AREA RESIDENTS, DESIRING TO MAINTAIN THE CHARACTER OF,
AND THE Q_UALITY OF LIFE IN, THE BEACtl ARFS~ OF DELIL&Y BEACH, .~JE ADAMANTLY OPPOSEDTO
EITHER A PARKING G,~JI. AGE F,~T OF TItlE INTRACOASTAL WATERWAY OR THE NIGHT-TIME USE OF THE
CITY'S BEACH PARKING LOTS. WE R-~PECTFULLY R~UES'F THAT THE CITY COMMISSION ~OT
AUTHORIZE EITIIER COURSE OF ACYION.
RECEIVED
J Ulq 0 2 1999
t 37 f~eabree~e ~t~enue CITY MANAGER
elrap teadl, 33483-7017
June 2, 1999
Mr. David Harden
City Manager
City Hall RECEIVED
100 NW 1st Avenue
/
Delray Beach, FL 33444 !
CITY CLERK
Dear Mr. Harden:
Enclosed please find an additional parking petition sheet that was
inadvertently omitted from the package I presented at the City
Commission meeting yesterday. The 10 signatures thereon raise the total
number of signatures to 331.
I would appreciate your bringing the additional signatures to the
attention of the Commissioners.
Thank you very much for your assistance.
John C. W. Bennett
TO THE MAYOR AND COMMISSIONERS
OF THE
CITY OF DELRAY BEACH
A PETITION CONCERNING BEACH AREA PARKING
WE THE UNDERSIGNED BEACH AREA RESIDENTS, DESIRING TO MAINTAIN THE CHARACTER OF,
AND THE QUALITY OF LIFE IN, THE BEACH AREA OF DELRAY BEACH, ARE ADAMANTLY OPPOSEDTO
EITHER A PARKING GARAGE .FAST OF THE Ii'.ITRACOAgFAL WATERWAY OR THE NIGHT-TIME USE OF THE
GITY'S BEACH PARKING LOTS. WE RESPECTFULLY REQUEST THAT THE CITY GOMMISSION NOT
AUTHORIZE EITHER COURSE OF ACTION.
Si,q naJg. E~ ,Printed, Neme Address
aO.
[ITY OF DELRI:I¥ BEI:I[H
CITY ATTORNEY'S OFFICE ~00 Nw is, A¥£NUE. DELR^Y BEAC., FLO~ZDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct L~e: 561/243-7~1
DELRAY BEACH
AIl.~ca C~
TO: City Co~ssion
1993
FROM: Susan A. Ruby, Ci~ Atto~ey
SUBJECT: Tate v. Ci~ of Delray Beach and L~e Wo~ DraYage District
The pu~ose of ~is memorandum is to call for a closed a~orney-client session pursuant
to Florida S~mtes ~286.011(8) for ~e J~e 1, 1999 Ci~ Co~ission meet~g to discuss
settlement negofiatio~ and s~ate~ related to litigation expendi~res in ~e above case.
Law requires strict compliance wi~ Florida S~tes ~286.011(8). Therefore, prior to
· e co~encement of the closed a~o~ey-client session, ~e Mayor should read the
following:
"The Ci~ has scheduled a closed a~orney-client session pursuit to Florida
S~tes ~286.011(8) in ~e case of S~ey Tate vs. ~e Ci~ of Delray
Beach and ~e Wo~ Dra~ge Dis~ict. ~e est~ted leng~ of ~
closed session sh~l be 15 minutes. The following perso~ will be
a~end~g: Mayor Jay Alper~, Co~issioners David R~dolph, David
Sc~dt, Michael Wright~ ~d Pat Archer, Ci~ M~ger David H~den,
Ci~ A~orney Susan Ruby, Bill Doney, la~er for ~e Ci~, ~d a certified
court rcpo~er."
After ~e closed session is over, ~e Mayor should ~ounce ~at ~e re~l~ meeting is
reopened, and ~e closed session is te~ted.
By copy of ~is memor~dum to David Harden, our office requests ~at ~e agenda be
prepped giving reaso~ble public notice of ~e t~e ~d date of ~e closed a~o~ey-client
session for June 1, 1999 and ~at ~e agenda item include ~e ~e of ~e case, ~e n~es set
fo~ above of ~ose perso~ a~ending ~e session, ~d idend~ ~e item as a closed door
session pursuant to Florida S~tes ~286.011. ~r o~ce will ~ge for a court repo~er to
required by s~mte. At~ched is a copy of Fla. Stat. ~286.011.
cc: David H~den, Ci~ Manger
Alison MacGregor Har~, Ci~ Clerk
Bill Doney, Esq.
Sun Coast o.ers
/
7.
(~5/'28/99 FRI 11:~3 FAX' 561 278 4755 DEL BCH CTY ATTY -~-~-. CITY HALL
FSA § 286.011. Public meetings and records; public inspection: criminal and civil penalties Page 1
*29B01 West's F.S.A. § 286.011 degree, punishable as provided in s. 775.082 or
s. 775,083.
WEST'S FLORIDA STATUTES
ANNOTATED (c), Conduct which occurs outside the sm~e
TITLE XIX. PUBLIC BUSINESS which would constitute a knowing violation of
CHAPTER286. PUBLIC this section is a misdemeanor of the second
BUSINESS; MISCELLANEOUS degree, punishable as provided in s, 775.082 or
s. 775.083_
PROVISIONS
(4) Whenever an action has been filed against
Current through En~ of 1996 2nd Reg. Sess.
any board or commission of any 5tale agency or
authority or any agency or authority of any
286.011, Public meetings and records; county., municipal corporation, or political
public, inspeetiom criminal and civil subdivision to enforce the provisions of this
penalties section or to invalidate the actions of any such
board, commission, agency, or authority, which
(1) All meetings of any board or commission action was taken in violation of this section, and
of any state agency or authority or of any the court determines that the defendant or
agency or authority of any county, municipal defendants to such action acted in violation of
corporation, or political subdivision, except as this section, the court shall assess a reasonable
other~vise provided in the Constitution, at which attorney's fee against such agency, and may
official acts are to be taken axe declared to be assess a reasonable attorney's fee against the
public meetings open to the public at all times, individual filing such an action if the court finds
and no resolution, rule, or formal action shall be it was filed in bad faith or was frivolous. Any
considered binding except as taken or made at fees so assessed may be assessed against the
such meeting. The board or commission mast individual member or members of such board or
provide reasonable notice of ail such meetings, commission; provided, that in any case where
the board or commission seeks the advice of its
(2) The minutes of a meeting of any such attorney and such advice is tbllowed, no such
board or commission of any such state agency fees shall be assessed against the individual
or authority shall be promptly recorded, and member or members of the board or
such records shall be open to public inspection, commission. However, this subsection shall not
The circuit courts of this state shall have apply to a state attorney or his or her duly
jurisdiction to issue injunctions to enforce the authorized assistants or any officer charged with
purposes &this section upon application by any enforcing the provisions of this section.
citizen of this state.
*29302 (5) Whenever any board or
(3)(a) Any public officer who violates any commission of any state agency or authority or
provision of this section is guilty of a any agency or authority, of any county,
noncriminal inflection, punishable by fine not municipal corporation, or political subdivision
exceeding $500. appeals any court order which has lbund said
boat'd, commission, agency, or authority to have
(b) Any person who is a member of a board or violated this section, and such order is affirmed,
commission or or' any state agency or authority the court shall assess a reasonable attorney's fee
of any county, municipal corporation: or for tl~e appeal against such board, commission,
political subdivision who knowingly violates the agency, or authority. Any fees so assessed may
provisions of this section by attending a meeting be assessed against the individual member or
not held in accordance' with the provisions members of such board or commission;
hereof is guilty of a misdemeanor of the second provided, that in any case where the board or
Copyright (c) West Group 1997 No claim m original U.S. Govt. works
o8:28/99 FRI 11:43 FAX 561 278 4785 DEL BCH CTY ATTY CITY HALL
FgA § 286.011, Public meetings and records; public inspection; criminal and civil penalties Page
commission seeks the advice of its attorney and No ponio~ of the session shall be offthe record.
such advice is followed, no such fees shall be The court reporter's notes shall be fully
assessed against the individual member or transcribed and filed wifl) the entiry's clerk
members of the board or commission, within a reasonable time after the meeting.
(6) All persons subject to subsection (1) are (d) The entity shall give reasonable public
prohibited from holding meetings at any facility notice of the time and date of the attorney-client
or location which discriminates on the basis of session and the names of persons who will be
sex, age, race, creed, color, origin, or economic attending the session. The session shall
status or which operates in such a manner as to commence at an open meeting at which the
unreasonably restrict public access to such a persons chairing the meeting shall announce the
facility, commencement and estimated length of the
attorney-client session and the names of the
(7) Whenever any member .of any board or persons attending, At the conclusion of the
commission of any state agency or authority or attorney-client session, the meeting shall be
any agency or authority of any county, reopened, and the person chairing the meeting
municipal corporation, or political subdivision shall announce the termination of the session.
is charged with a violation of this section and is
subsequently acquitted, the board or (e) The transcript shall be made part of the
commission is authorized to reimburse said public record upon conclusion of the litigation.
member for any portion of his or her reasonable ~29303
attorney's fees. CRO I
(~) Notwithstanding the provisions of CREDIT(S)
subsection (l), any bom'd or commission of any
1997 Electronic Update
state agency or auti~oriry or any agency or
authority of any county, municipal corporation, cRo] ~4rnended by Laws 1991. c. 91-224, ~' 33: Laws
or political subdivision, and the chief 1993. c. 93-232..{' J. off .fi,ne 30. 1.993: Laws t995. c.
administrative or executive officer of the 95-148. fl 210, eyf. July I0, 1995: Laws 1995, c. 95-353,
governmental entity, may meet in private with I, ¢ffJ, m~ I~,, 1995.
the entiry's attorney to discuss pending litigation
<<For ~dditional credits, if any. see bIt:~tort~al Note
to which the entity is presently a party before a
court or administrative agency, provided that the field.>>
following conditions are met: flISTORICAL NOTES
(a) The entiry's attorney shall advise the entity HISTORICAL AND STATUTORY NOIE$
at a public meeting that he or she desires advico
concerning the litigation. 1997 Electronic Update
(b) The subject matter of the meeting shall be Laws 1991, c. 91-224, a reuiser's bill, modified
confined to settlement negotiations or strategy provisions for punishmen~ of misdemeanors as contained m
sessions related to litigation expenditures, this section by deleting reference to punishment
to .~ 7'/5.084 to conform with Laws 1988. e, 88-131 which
deleted all references to misdemeanors t'rom § 775.084.
(c) The entire session shall be recorded by a
certified court reporter. The reporter shall Laws 1993. c. 93-232. ~ I. cfi, June 30. 1993. added
record the tmles of commencement and ~ubsec,(8).
termination of the session, all discussion and
Laws 1995. c. 95-148, a reviser's bill. removed gender-
proceedings, the names of all persons .present at specific ret'erences applicable to haman beings without
any time, and the names of all persons speaking, substantive changes in legal effect.
Copyright (c) West Group 1997 No claim to original U.S. Govt. works