02-17-98 Regular DELRAY BI:ACI~
·
Ail-America City
FEBRUARY 17, 1998 - 6:00 P.M./PUBLIC HEARING 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 Dou9
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
listenin9 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 bein9 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 presidin9 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 concernin~ 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 Readin9 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 wishin9 to address public hearin9 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 makin9 impertinent or slanderous remarks or who
becomes boisterous while addressin9 the Commission shall be barred by the
presidin9 officer from speakin9 further, unless permission to continue or
again address the Commission is 9ranted by a majority vote of the
Commission members present.
Regular Commission Meeting
February 17, 1998
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:
Regular Meeting of February 3, 1998
6. Proclamations:
A. Recognizing and commending Dr. Thomas M. Shoaf for over 50
years of professional and community service in the City of
Delray Beach
B. Recognizing and commending the Delray Rocks Football Program
7. Presentations:
A. Delray Art League's Winter Interlude Awards Presentation
B. Delray Beach Sister Cities Student Exchange Program 1998 -
Commissioner David Schmidt
C. Kathy Daley - 1998 Legislative Agenda
8. Consent Agenda: City Manager recommends approval.
A. INITIATION OF LDR AMENDMENT RESTRICTING SECOND HAND SALES ON
N.E. 2ND AVENUE (PINEAPPLE GROVE WAY): Initiate an amendment
to Section 4.4.13(H) (1) of the Land Development Regulations to
limit second hand sales on N.E. 2nd Avenue (Pineapple Grove
Way) to items that are verifiable antiques.
B. FINAL PLAT APPROVAL/SEACREST HOTEL PROPERTY - PLAT NO. 2:
Approve the final boundary plat for the Seacrest Hotel Property
- Plat No. 2. The subject property is located at the northwest
corner of Atlantic Avenue and State Road A1A.
Regular Commission Meeting
February 17, 1998
C. GRANT APPLICATION TO CHILDREN'S SERVICES COUNCIL/AFTER SCHOOL
PROGRAM: Authorize staff to submit a grant application to the
Children's Services Council for funding in support of the
City's After School Program.
D. ACCEPTANCE OF EASEMENT DEED AND RIGHT OF ENTRY AND LICENSE
AGREEMENT FOR DRAINAGE CONSTRUCTION/ RHODES VILLA AVENUE
(VULTAGGIO): Accept an easement deed for a ten foot drainage
easement from William and Virginia Vultaggio, and approve a
Right of Entry and License Agreement for the Vultaggio property
at 1019 Rhodes Villa Avenue to facilitate the completion of the
Rhodes Villa Avenue and White Drive drainage improvements
project.
E. ACCEPTANCE OF EASEMENT DEEDS AND RIGHT OF ENTRY AND LICENSE
AGREEMENTS FOR PAVEMENT AND DRAINAGE CONSTRUCTION/BERMUDA
GARDENS ROAD: Accept easement deeds for ten foot utility
easements from five {5) property owners, and approve five (5)
Right of Entry and License Agreements with property owners on
Bermuda Gardens Road to facilitate completion of the Bermuda
Gardens Road pavement and drainage improvements project.
F. SERVICE AUTHORIZATION ~32/HELLER, WEAVER AND CATO, INC.:
Approve Service Authorization #32 in the amount of $12,740.00
to Heller, Weaver and Cato, Inc. for a topographical mapping
survey locating all above and below ground improvements within
the N.W. 3rd Street corridor, between N.W. 3rd Avenue and N.W.
10th Avenue; with funding from 448-5411-538-63.69.
G. CLOSEOUT CHANGE ORDER #2 & FINAL PAYMENT TO STONE AGE PAVERS
FOR OLD SCHOOL SOUARE BRICK REPLACEMENT PROJECT: Approve
closeout Change Order #2 in the deduct amount of $12,740.95,
and final payment in the amount of $5,233.97 to Stone Age
Pavers, Inc. for the Old School Square brick paver repair and
replacement project; with funding from 334-6111-519-62.10.
H. POLICE DEPARTMENT EMERGENCY A/C EQUIPMENT REPLACEMENT: Accept
proposal in the amount of $43,955.00 and award contract to
Stokes Mechanical Contractor, Inc. for the emergency
replacement of a deteriorated roof-top air conditioning unit at
the Police Department, with funding from 334-6111-519-63.21.
I. RESOLUTION NO. 12-98: Adopt a resolution assessing costs for
the demolition of an unsafe structure located at 119 N.W. 3rd
Avenue.
J. RESOLUTION NO. 13-98: Adopt a resolution assessing costs for
the emergency board up of an unsafe structure located at 18-24
N.W. 6th Avenue.
K. RESOLUTION NO. 14-98: Adopt a resolution assessing costs for
abatement action required to remove nuisances on 26 properties
throughout the City.
Regular Commission Meeting
February 17, 1998
L. REALLOCATION OF FY 1996 ANTI-DRUG ABUSE ACT GRANT FUNDS:
Approve the reallocation of FY 1996 Anti-Drug Abuse Act Grant
funds in the amount of $165,194.00 as recommended by the
Criminal Justice Commission, and authorize letter agreeing to
the distribution of these funds.
M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept
the actions and decisions made by the Site Plan Review and
Appearance Board and the Historic Preservation Board for the
period February 2, 1998 through February 13, 1998.
N. AWARD OF BIDS AND CONTRACTS:
1. Bid award in the amount of $21,527.00 to Marine
Engineering Contractors, Inc. for the filter deck tile
replacement at the Water Treatment Plant, with funding
from 441-5143-536-46.10o
2. Contract award in the amount of $178,855.00 with
Metron-Farnier, via City of West Palm Beach contract, for
the replacement of 60 large water meters, including all
labor and materials, to complete the Large Meter
Replacement Program; with funding from 442-5178-536-61.81.
3. Grant awards through the State Housing Initiatives
Partnership (SHIP) program for housing rehabilitation of
two owner-occupied units as follows: $17,988.96 to Dakota
Construction, Inc. for 820 S.W. 4th Avenue, and $22,291.50
to A.F. Dozer, Inc. for 502 S.W. 7th Avenue; with funding
from 118-1924-554-49.19.
9. Regular Agenda:
A. ACCESS EASEMENT AGREEMENT WITH OCEAN PROPERTIES: Consider
approval of an access easement agreement with Ocean Properties
regarding the City parking lot on the north side of the new
Delray Beach Marriott.
B. REOUEST FOR EXTENSION/THE CROSSROADS CLUB: Consider approval
of a request to extend the time frame for compliance with
conditions of approval associated with The Crossroads Club.
The subject property is located at the southwest corner of N.E.
2nd Street and N.E. 4th Avenue within the Central Business
District.
C. SPECIAL EVENT REOUEST/DELRAY AFFAIR 5K RUN: Consider a request
from the Chamber of Commerce for special event approval to
conduct a 5K Run as part of the Delray Affair on Saturday,
April 18th, from 7:30 a.m. to approximately 10:00 a.m.,
including a temporary use permit for the use of A1A from Anchor
Park to George Bush Boulevard, use of Anchor Park as a staging
area, signage waiver, staff support, and 50/50 split of
overtime costs.
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Regular Commission Meeting
February 17, 1998
D. SPECIAL EVENT REQUEST/DELRAY BEACH STREET CRAFT FESTIVAL:
Consider a request from American Craft Endeavors (a division of
Howard Alan Events) for special event approval to hold the
Delray Beach Street Craft Festival on Saturday, February 28th
and Sunday, March 1, 1998, from 10:00 a.m. to 5:00 p.m.,
including a temporary use permit for the use of N.E. and S.E.
4th Avenue one block north and south of Atlantic, and staff
support.
E. CITY COMMISSION LIAISON TO PARKING MANAGEMENT ADVISORY BOARD:
Appoint a member of the City Commission to serve as the
Commission liaison to the Parking Management Advisory Board.
F. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint a
member to the Delray Beach Housing Authority for a four year
term ending March 6, 2002. Recommendation by Commissioner
Randolph, with appointment by Mayor Alperin.
G. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint an
alternate member (layperson) to the Code Enforcement Board to
fill an unexpired term ending January 14, 1999. The
appointment will be made by Commissioner Schmidt.
H. CITY HALL HVAC SERVICE AND MAINTENANCE CONTRACT/E.C. STOKES
MECHANICAL CONTRACTOR, INC.: Consider approval of a one year
service and maintenance contract with E.C. Stokes Mechanical
Contractor, Inc., lowest responsive bidder, for the new City
Hall HVAC, Chiller and Tracer Unit, in the amount of $13,200
with a renewable option for up to two additional years; with
funding from 334-6111-519-46.90.
10. Public Hearings:
A. ORDINANCE NO. 47-97 (REZONING FOR A PORTION OF THE YAKE
PROPERTY): PETITION WITHDRAWN BY APPLICANT. The action
requested is formal acceptance of the withdrawal.
B. AGREEMENT FOR ROADWAY IMPROVEMENTS - WOODS OF SOUTHRIDGE
SUBDIVISION: Consider approval of an Agreement for Roadway
Improvements in the Woods of Southridge Subdivision wherein the
City and the Woods of Southridge Homeowner's Association agree
to their respective obligations.
1. RESOLUTION NO. 15-98 (WOODS OF SOUTHRIDGE SPECIAL
ASSESSMENT DISTRICT): A resolution providing for the
certification and adoption of the assessment roll for the
Woods of Southridge Special Assessment District.
C. ORDINANCE NO. 9-98 (SECOND READING/SECOND PUBLIC HEARING): An
ordinance amending LDR Section 4.4.13(B) to allow 'residential
type inns' as a permitted use in the Central Business District
(CBD), amending Section 4.4.24(D) to all 'residential inns' as
a conditional use in the Old School Square Historic Arts
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Regular Commission Meeting
February 17, 1998
District (OSSHAD), amending Section 4.3.3(X) pertaining to
"Special Requirements for Specific Uses" for residential inns,
and amending Appendix "A", "Definitions".
D. ORDINANCE NO. 10-98: An ordinance rezoning a portion of the
Seacrest Boulevard Continuing Presbyterian Church site from
R-1AA (Single Family Residential) and RM (Medium Density
Residential) to CF (Community Facilities) District. The
subject property is located at the southeast corner of Seacrest
Boulevard and Gulfstream Boulevard. QUASI-JUDICIAL HFS%RING
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. From the Public.
12. First Readings:
A. ORDINANCE NO. 12-98: An ordinance designating the Price House
located at 1109 Sea Spray Avenue as a local historic site and
adding it to the Local Register of Historic Places. If passed,
a public hearing will be scheduled for March 3, 1998.
B. ORDINANCE NO. 11-98: An ordinance amending Chapter 113,
"Alcoholic Beverages", Section 113.02, "Prohibition of
Consumption of Alcoholic Beverages in Public Places", of the
City Code to provide that it is a violation of the ordinance to
possess an open container of an alcoholic beverage in certain
public places, and to clarify the ability of patrons to consume
alcohol at the Lakeview Golf Course and during special events
at Old School Square and the Tennis Center. If passed, a
public hearing will be scheduled for March 3, 1998.
C. ORDINANCE NO. 13-98: An ordinance amending Section 2.4.6(H),
"Temporary Use Permits", of the Land Development Regulations to
allow permits to be issued for the use of temporary parking
lots within portions of the Central Business District (CBD) and
portions of other non-residential zoning districts located
between Swinton Avenue and 1-95. If passed, a public hearing
will be scheduled for March 3, 1998.
13. Comments and Inquiries on Non-Agenda Items.
A. City Manager
B. City Attorney
C. City Commission
CITY OF DELRAY BEACH~ FLORIDA - CITY COMMISSION
REG~ MEETING - FEBRUARY 17. 1998 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
~OMMISSION CHAMBERS
AGENDA ADDENDUM
THE AGENDA IS AMENDED BY ADDING THE FOLLOWING:
14. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8)
re: Tare v. City of Delray Beach and Lake Worth Drainage
District.
Attendees: Mayor Jay Alperin
Commissioner Kevin Egan
Commissioner Ken Ellingsworth
Commissioner David Randolph
Commissioner David Schmidt
City Manager David T. Harden
City Attorney Susan A. Ruby
Assistant City Attorney David Tolces
A certified court reporter
Purpose: Discuss settlement negotiations and strategy
related to litigation expenditures in the
referenced case.
· · .. : WHERF~S, Thomas M. Shoaf was born in Salisbury,
-" North Carolina, where he attended Catawba College. He served
in the U.S. Navy during World War II, and in 1947 graduated
with honors from Southern College of Optometry in Memphis,
Tennessee, with the degree of Doctor of Optometry; and
WHEREAS, Dr. Shoaf established the first optometric
practice in Delray Beach in August of 1948, and has provided
vision care for thousands of Delray Beach residents over the
past fifty years. His practice, located at 204 East Atlantic
Avenue, has grown steadily along with the community, yet the
commitment to provide the best vision and health care possible
at an affordable cost has remained constant; and
WHEREAS, Dr. Shoaf has been an active participant
in the community having been an active member of the Greater
Delray Beach Chamber of Commerce since its inception, a member
of the Lion's Club and its President in 1956, a Deacon at the
First Presbyterian Church, and a long time supporter of
Atlantic High School as a 'Hilltopper'; and
WHEREAS, Dr. Shoal is also noted as a 'Founding
Father' of the Delray Beach Tennis Center.
NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission, do
hereby recognize and commend
THOMAS M. SHOAF, O.D.
for fifty years of excellent service to the citizens of Delray
Beach through the provision of professional vision care as well
as his dedication to the community.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida,
to be affixed this 17th day of February, 1998.
MAYOR
JAY ALPERIN
SEAL
· £.i.~ WHEREAS, the Delray Rocks Football Program is
sponsored by the Delray Beach Parks and Recreation Department
... and the players and cheerleaders proudly represent the City of
Delray Beach; and
WHEREAS, all three teams advanced to the South
Florida Youth Football League payoffs in the League
Championships; and
WHEREAS, the 120-pound team (coached by Walter
Stephens) was runner-up in the Superbowl held November 22, 1997
at Atlantic Community High School; and
WHEREAS, the 75-pound team (coached by Gerrell
Lewis), the 95-pound team (coached by Gene Tarver), both
advanced to the semi-finals before being eliminated in the
South Florida Youth Football League playoff; and
WHEREAS, the 150-pound cheerleading squad (coached
by Maria Jackson) and the 95-pound cheerleading squad (coached
by Renee Hickman-Walls), were runners-up in the South Florida
Youth Football Cheerleading Competition held in Deerfield Beach
on November 16, 1997; and
WHEREAS, the parents, friends and cheerleaders of
the Delray Rocks represented the City of Delray Beach in
support of the accomplishments of these young men and and women
and their coaches.
NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission, do
hereby proclaim the 1997 Delray Rocks and Cheerleaders to be
"CHAMPIONS AMONG CHAMPIONS AND AMBASSADORS
OF GOOD WILL AND SPORTSMANSHIP FOR
THE CITY OF DELRAY BEACH, FLORIDA'
IN WITNESS WHEI~EOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida,
to be affixed this 17th day of February, 1998.
MAYOR
JAY ALPERIN
SEAL
DELRAY ART LEAGUE WINTER INTERLUDE AWARDS
HONORABLE MENTION
"Orchids"
Julio Echegaray (PRosowc~D H Ag4 GARY)
"Riverboat"
Ruth Lang~ahr (PRONO~C~D LANG JAR)
"Card Players"
Marcia Atherton
"Hats, Hats, Hats"
Beatrice Rosenfeld
"Cousins"
Phyllis Eckert
3rd Place "Rushing Waters"
Sylvia Resnick
2nd Place "The Wizard's Room"
Dodi Sikevitz (pronounced Sike a vitz)
1st Place "Harvest in Haiti"
Lee Jung ~ronou~e,d Young)
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Alison Harry, City Clerk
SUBJECT: Items for the February 17th Reqular Meetinq
DATE: February 17, 1998
You may want to mention the following this evening:
(1) Response to Mr. Eckerle's comments at the 2/3/97 meetinq
about the number of signatures needed in order for a
prospective candidate to quality.
Sec. 34.16(B) (1) of the City Code requires a prospective
candidate for City Commission to obtain "not less in number
than one percent of the registered voters of the City as
determined on January 1 of the year of the election ...".
For the March 1998 election, the required # of signatures
was 329 (total registered voters 32,870). I recommended
obtaining between 350 & 400 to ensure validity.
I would need to do additional research to determine exactly
when and why this requirement was adopted. However, since
it is a part of the code and not the Charter, it could be
amended by ordinance if the Commission wished to do so. It
is true that our petition requirement is somewhat stringent.
For example, Boynton Beach requires only 25 valid signatures
while Boca Raton does not require any signatures, only the
payment of an election assessment. Nonetheless, with the
adoption of the Charter amendment in 1992 to elect by
plurality as opposed to majority, to make the qualifying
process too easy might not be in the best interests of the
City. In any event, if the Commission would like to discuss
the matter further, I suggest we do some more research and
schedule it for a future workshop.
(2) Pedi - cabs.
On February 3rd, Commission action was to postpone
consideration until current recommendations are received
from the CRA, DDA, Joint Venture and Parking Management
Advisory Board (PMAB). We had hoped to bring this back
tonight, but PMAB and DDA have not yet met. It should be
ready for the March 3, 1998, meeting.
(3) March Workshop.
When the Commission meeting dates were approved at last
year's organizational meeting, the March workshop was
scheduled for Wednesday, March 11, 1998, in anticipation of
the municipal election being held on Tuesday, March 10th.
As it turns out, there will be no election. In years past
when this has happened, the Commission has changed the
workshop back to the Tuesday date since this is the day most
people plan on for City Commission meetings.
(4) Town Hall Meetinq Date.
The last couple of years we've run into some difficulty
scheduling the Crest Theatre for the annual Town Hall
meeting. You will recall the first couple of years it was
held on the last Tuesday in January, but for the past two
years the earliest date we've been able to reserve that
coincides with the Commission schedule has been the second
Tuesday in February. In both 1997 and 1998, the town hall
meeting was held in lieu of a Commission workshop. What we
would like to do is enter into a contract to automatically
reserve the Crest Theatre on an annual basis, so we need to
determine the Commission's preference. As of last Friday,
the Crest Theatre was available for both the last Tuesday in
January, 1999 & 2000, as well the 2nd Tuesday in February,
1999 & 2000. Once a date is settled on, we can schedule the
town hall meeting as a regular part of the Commission's
calendar.
Kathleen E. Daley
&Associates, Inc.
GOV};RN MENTAL AFFAIRS
Delray Beach Legislative Issues
I. Local Bills
House Bill (No Bill Number) by Rep. Suzanne Jacobs
Downtown Development Authority
Expanding the boundaries of the Downtown Development
Authority (DDA}
II. Beach Renourishment
Beach Funding
The Department of Environmental Protection has requested
$67,039 for the city for the planning of the beach
renourishment project, which is being scheduled to begin
in the fall of 1999.
Dedicated Funding Source for Beach Management
House Bill 3427 by Rep. Dennis Jones
Senate Bill 856 by Sen. Don Sullivan
This bill provides for funding of the State's Beach
Management Plan through the Ecosystem Management and
Restoration Trust Fund. The actual funding is from
existing documentary stamp tax revenue.
Federal Funding- Update
III. Convention Center
Senator Rossin and Representative Merchant have filed a
bill to expand the use of the 4th penny of the tourist tax
for the operation and maintenance of a convention center.
Last year the county's 5th cent expansion died on the
House floor. This one has been worked out by all parties.
IV. Drug A~use Treatment
We are requesting that additional dollars be allocated to
the south county (not at the expense of other parts of
the county), for substance abuse patients - specifically
for women, women with dependant children, adolescents, and
adult detox services.
One Capitol Place · 108 East Jefferson Street, Suite C · Tallahassee, FL 32301
(904) 222-0000 · Fax: (904) 222-0095
V. Jury Pools in South County
House Bill 3419 by Rep. Rick Minton
Senate Bill 552 by Sen. Ron Klein
Provides that in any county that wholly contains one
judicial circuit and that has one or more locations in
addition to the county seat at which the county or circuit
court sits and holds trials, the board of county
commissioners is authorized to create a jury district for
each courthouse location, from which jury lists shall be
selected in the manner provided by law.
VI. Governor's Study Conunission on Building Codes
The Governor's Building Code Study Commission was created
to address concerns which were raised regarding everything
from the confusion of the code to the product evaluation.
The commission issued a report to the legislature with
their recommendations on how to fix what is perceived to
be an unworkable code.
Their recommendations included adopting one statewide code
without any local amendments and a new nine member super
board which would actually select a new code. The
recommendation also included the creation of some
technical advisory committees which would advise the
super board on any amendments. There were many
recommendations which were not acceptable to most
involved.
The Florida League of Cities, The Florida Association of
Counties, the Florida Home Builders, Building Officials,
Fire Chiefs, product manufacturers, etc. all oppose the
recommendation and we have been meeting since December to
change the recommendation which is about to be drafted
into legislation.
Examples of our recommendations are:
1) No new super board - keep the existing Board of
Building Codes and Standards.
2) Local amendments must be allowed. There can be an
appeal process. The appeal would be made to an appeals
board, special committee, special master, etc. The
decision of the process is to be left to the governing
board. These local amendments must be unique to the area
or more stringent than the existing code. (This is
current law)
3) We are still working on enforcement and licensing.
VII. Eminent Domain
Senate Bill 92 by Senator John Grant
This bill was heard in Senate Judiciary Committee on
January 21. Two amendments were adopted. One is a strike
everything amendment which allows business tenants to
recover business damages and damages for unlimited access.
The second amendment reduces attorneys fees by a large
percentage based on benefits achieved. It is scheduled
for another hearing Wednesday, February 4. This one has
along way to go.
VIII.Water/ "Local Sources First"
Possible. benefits of a "Local Sources First" policy
A. Forges missing link between water management and
growth management in Florida.
B. Promotes greater focus on and understanding of
cumulative environmental impacts from water
consumption.
C. Provides more opportunities for local governments
and their residents to participate in water
resource decisions.
Possible adverse implications of a "Local Sources First"
policy
A. Depending on how it is worded, could shift Florida
water law more toward a Western U.S. system where
individuals or communities would "own" water,
causing at least a temporary upheaval in Florida's
economy.
B. If water is no longer managed as a public resource
on a statewide or regional basis, would be
difficult to maintain consistent water quality
standards.
C. Increase consumer costs of water, whether naturally
occurring or from alternative sources.
Additionally, a strong shift toward individual or local-
government control of water resources likely would
result in a dramatic shift in Florida's Population and
economic growth patterns. Depending on one's
perspective, this could be a beneficial or a negative
outcome.
IX. Telecommunications / Right of Way
Representatives from cities, counties and the Florida
Telecommunications Industry have been trying to work on a
resolution of defining right - of - way compensation. The
current bill would stip a local government's authority of
collecting their current joint compensation for usage of
the right - of - way by a telecommunication company. So
far there is no resolve.
TO: DAVID T. HARDEN
FROM: DIANE DOMINGUEZ, DIRECTOR ~~,~
DEPARTMENT OF PLANNING AND'ZONING
SUBJECT: MEETING OF FEBRUARY 17, 1998
INITIATION OF AN LDR AMENDMENT RESTRICTING SECOND HAND
SALES ON N.E. 2ND AVE. (PINEAPPLE GROVE WAY) IN THE CBD
The Pineapple Grove Main Street program has requested that the Land Development
Regulations be amended to limit second hand sales on N.E. 2nd Avenue (Pineapple Grove
Way) to items that are verifiable antiques. This restriction already exists for businesses with
entries on East Atlantic Avenue. The purpose of the request is to prevent a proliferation of thrift
and consignment shops on what is considered to be the "signature street" of the Main Street
area.
Attached is a letter from PGMS Program Coordinator Tom Fleming outlining the basis for the
request. The Main Street Program is in the process of adopting its Neighborhood Plan. The
plan calls for Pineapple Grove Way to become a venue for the cultural arts, and emphasizes
the importance of the character of this street in achieving the economic development objectives
for the Main Street area. The sale of secondhand merchandise is one of several uses that the
group wants to limit or prohibit in the program area. Additional requests will be forwarded to
the City Commission and the Planning and Zoning Board in the future.
Pursuant to LDR Section 2.4.5(M)(1), LDR amendments may be initiated by the City
Commission, the Planning and Zoning Board, City Administration, or an individual. Pineapple
Grove Main Street program is a nonprofit organization, which does not fall into the above
categories. However the Commission may wish to initiate the amendment if they feel it is
appropriate and has merit. The affected LDR section is 4.4.13(H)(1 ), Central Business District,
Special Regulations. If initiated, the Planning and Zoning Board will hold a public hearing to
consider the amendment on February 23, 1998.
By motion, initiate the amendment to Section 4.4.13(H)(1) of the Land Development
Regulations as requested by Pineapple Grove Main Street.
Attachment:
· Letter from Tom Fleming, Program Manager
Pineapple Grove Main Street, Inc.
The Florida Main Street Program for Delray Beach
87 Pineapple Grove Way Delray Beach Florida 33444
February 9, 1998
Diane Dominguez, Planning Director
City of Del_ray Beach
100 NW 1" Ave.
Delray Beach, FL 33444
Dear Ms. Dominguez:
This letter transmits our.request for an amendment to Section 4.4.13(G)(2), subsection (H)(1),
of the City's Land Development Regulations (LDRs), as more fully described below.
BACKGROUND
During its regular meeting of January 14, 1998, the Board of Directors of Pineapple Grove
Main Street, Inc. (PGMS), approved and adopted the final draft of its Neighborhood Plan
for 'Main Street~ in the Grove (the "Plan") for delivery to local authorities. A copy of the
Plan is enclosed. The Board directed its Program Manager to schedule presentations to the
Delray Beach City Commissioa, Community Redevelopment Agency, and Downtown
Development Authority at their earliest convenience. At the time of presentation, the
respective authorities win be asked to accept the Plan and work with PGMS to formulate
budgets and implementation schedules.
The Plan is a product of two years' work by hundreds of individuals, beginning with a
public Planning and Design Charrette, conducted March 1" and 2"~, 1996, and culminating
with last month's Board meeting. It represents considerable community input and is intended
to facilitate the realization of the community's vision for Pineapple Grove.
Overall, the Plan is intended to accomplish several objectives in Pineapple Grove for the
benefit of the neighborhood, the downtown area, and the City of Delray Beach as a whole,
among which are the following.
· Attract the cultural arts
· Provide additional neighborhood shopping, entcnaJnm~t, and educational opporamities.
· Improve environmental conditions.
· Inc~sc I~lCstdan ma.f~c/activity.
· Calm the flow of vehicular traffic.
Eliminate blighted conditions.
· Provide a catalyst for future development.
· Facilitate economic stimulation and invesunent.
Improve marketability.
· Create jobs.
· Provide housing opportunities.
· Increase the availability of parking.
Fax (561 ) 279~)108 Phone (561) 279-9952
City Of Delray Beach..e anm . of Environmental Services
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Barron Caronite, Engineer I
DATE: February 2, 1998
SUBJECT: Seacrest Hotel Property-Plat No. 2
(AKA-Camino Real Hotel)
Attached is an agenda request for Commission approval of Seacrest Hotel Property-Plat No. 2.
The subject project received site plan approval on April 16, 1997. A condition of the site plan
approval was to re-plat the subject project to include the Hotel Expansion, Fire Station
Number 2 ,and the City Parking Lot. Also attached is a location map and reduced copy of the
plat. If acceptable, please place this item on the February 17, 1998 Commission meeting for
Commission approval.
BC/gm
attachment
cc: TAC-Camino Real Hotel
Clair Lyre-Graham, Planner
John Walker, Project Planner
file: s/eng/eng/tac/camino/agmemo2.doc
Agenda Item NO. Z~ '
AGENDA REOUEST
Date: Feb. 2, 1998
Request to be placed on:
X Regular Agenda
__ Special Agenda
__Workshop Agenda When: Feb. 16, 1998
Description of item (who, what, where, how much): Approval of Seacrest
Hotel Property - Plat No. 2 Boundary_ Plat. All applicable permits have
been received and staff comments addressed.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staf~ recoB~nends approval of the Seacrest Hotel
Property - Plat NQ- 2 BQu/%dary plat.
Department head signature:~_~ ~C. !',~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of
funds ):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review:~S~ ~~)-~ ~ /%_%~_~ ~~
Approved for agenda: ~/,7, NO
Agenda Coordinator Review:
Received: /~
Placed on Agenda:
Approved/Disapproved
BC/gm
File: tac-camino ~ ~ '
agenda, doc
/
THOMAS STREET
LOWRY STREET
ATLANTIC AVENUE
ENVIRONMENTAL SERVICES DEPARTMENT SEACREST HOTEL PROPERTY ss~cs~r
43~ SO'~H SWlNTON AVI~, DSLRAY BEACH, FLORIDA ~13444 PLAT No. ~ ] of !
MEMORANDUM
TO: David T. Hard~e~n, tCity Manager
THRU: Joe Weldon, Director of Parks and Recreation
FROM: Joe Dragon, Assistant Director of Parks and Recreation/~/'~
SUBJECT: CHILDREN'S SERVICES COUNCIL
DATE: February 9, 1998
The Parks and Recreation Department is currently preparing its application for a grant
from the Children's Services Council for our after-school program. Since our current 3-
year contact expires on September 30, 1998, this application is our open-competitive
request for a new 4-year commitment. We are also considering expansion of our
program and to collaborate with other agencies in the City in providing after-school
services for elementary school-age children. At this time we have not established
conclusively the number of sites, enrollment capacity, or budget amounts. While CSC
has agreed to provide funding to governmental entities to conduct out-of-school
activities, they are requiring that these entities provide a 50~50 cash match. The
application is due at CSC by 5 p.m. March 6.
Attached is the agency certification requirement for City Commission to approve so that
we can continue to move forward in our application process,
Please call if you have any questions regarding this matter.
JD:giv
att/
REF: CSC.DOC 219/98 8:44 AM ~, ~_~
Agenda Item No.: ~C
AGENDA REQUEST
Date: February 9~ 1998
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: February 17~ 1998
Description of agenda item (who, what, where, how much): Request approval
to apply for a Krant from Children's Services Council for our After School ProKram.
ORDINANCE/ RESOLUTION REQUIRED: YES~ Draft Attached: YES/NO
Recommendation: Approval.
Department Head Signature: ~ .-~~ ~
Determination of Consistency w mprehens~ve Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds}:
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
ApprovedHold Until: for agenda:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
Children % .~er',.,~,:es Cs'm,:; of Pa!m [-~ea,ch Coun:y
1998-98 Guide ',o Res3or~dm{; ;o CSt ~Request for Propos3is
Page ~q
PROGRAM FORM D - AGENCY CERTIFICATION
In submitting th~s proposal to CSC certifies that
(Agency Name)
1 The applicant agency qualifies to submit a proposal under the provisions ~n the RFP
Minimum Requirements;
2. The date that this proposal was or will be approved by the agency board of directors was/is
3. All agency decisions regarding recruitment, hiring, promotions, release, and conditions of
employment will be made without regard to consideration of race, creed, religion, gender,
country of national origin, age, physical or mental handicap, marital status or any other
factor which cannot lawfully be used as a basis for an employment decision;
4. The agency agrees to negotiate, if deemed necessary, with CSC to refine serv~ce levels,
procedures, objectives, budget, and any other relevant matter for incorporation intoa
contractl
5. The applicant agency does not intend by this proposal to replace existing funding resources
with CSC funds'
6. The budget included in this proposal is a reasonable estimate of the anticipated revenues
and expenditures for the activities proposedl
,. ~cupy ul~ne Cur,~,RS 50i~c)s,4,b,/, or ~0 Certificate tfornoT-forp~oil~age~'~c~es) ora
copy of the pending application for a 501(c)3 Certificate is included with the submission of
this proposal (not required for neighborhood-based organizations or citizen solution groups);
8. Any of the following documents are available and upon request by CSC will be produced by
the applicant agency within five (5) working days, but do not need to be submitted with this
proposal:
a) Articles of Incorporation
b) Personnel Policies and Procedures
c) Job Descriptions
d) Cedificates of Insurance and Bonding
e) Licenses to Operate Agency/Program
f) Current list of Agency Board of Directors
g) Ara audit report dated no more than 1.Smonths prior to the date of the proposal
The report must be complete with a management letter.
9. NO litigation is threatened or pending which could impair the applicant agency's ability to
fulfill the provisions of this proposal
F \WOP, D\98-99 RFP\gS c2s~ GUIDE TO RESF'ONDING XO CSC RFP DOC 01123/98 2 36 PM
Children's Services Courlcil of Palm Beach ~}OL~Ilty
~998 98 Guide to Responding Io CSC ~Requust for ? :~;' }/,:}is
Page 23
10 NO adverse action is pending or threatened by any regulatory, i~cens~ng, or overs~ghl
agency which could impair the applicant agency's ability to fulfill the prows~onsofth~s
proposal.
If any of the above documents are not available or any of these statements cannot be made,
please explain below:
OFFICIAL AUTHORIZED TO SIGN AND BIND AGENCY TO PROPOSAL (Authorized officials
recognized by CSC are the Board Chair or President and/or Executive Director If any other
signature is included below, you must includea copy of the agency policy or resolution that
establishes such authorization.)
Title:
Signature
Date
Print Name
F \WOIRD\98-99 FRFP\98-99 F~UIDF_ ¥O RESPQNDiN~3 10 CSC RFP DOC 01123198 2;36 PM
[ITY DF I)ELRIIY BEflgH
Writer's Direct Line: (561) 243-7090
Ali. America City MEMORANDUM
1993
TO: City Commission
FROM: David N. Tolces, Assistant City Attorne~
SUBJECT: 1019 Rhodes Villa Avenue Drainage Improvements - Acceptance of
Drainage Easement and Right of Entry_ Agreement
The City's Engineering Department is planning to upgrade the drainage outfall pipe
along the west side of 1019 Rhodes Villa Avenue. Mr. and Mrs. Vultaggio have
executed the Easement Deed for the ten foot drainage easement and the Right of
Entry/License Agreement. Acquisition of the easement will allow the City to replace the
existing pipe. There is currently no easement on the property, thus the acquisition of an
easement is necessary. We are in the process of acquiring the easement from the
property owner on the west at 1015 Rhodes Villa Avenue.
At this time, if the City Commission desires, it should accept the ten foot easement from
Mr. and Mrs. Vultaggio. The Right of Entry/License Agreement should also be
approved. At such time when we acquire the remaining ten foot easement, we will bring
that to the Commission for similar action.
If you have any questions, please call.
DNT: smk
Attachment
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Matt Rier, Chief Design Engineer
rhodesl.dnt
WAT[RWAY
~4 t la # t ie
I I I
Prepared by: RETURN:
David N. Tolces, Esq.
City Attorney's Office
200 N.W. I st Avenue
Delray Beach, Florida 33444
PC #12-43-46-21-15-000-0161
EASEMENT DEED
THIS INDENTURE, made this ~?'}'~'-day of /~ e ce.~ fi_~,~, 1997, by and between
WILLIAM VULTAGGIO and VIRGINIA VULTAGGIO, a married couple, with a mailing
address of 3101 Karen Drive, Delray Beach, Florida 33483, party of the first part, and the CITY
OF DELRAY BEACH, with a mailing address of I00 N.W. 1st Avenue, Delray Beach, Florida
33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part:
WITNESSETH: That the party of the first part, for and in consideration of the sum of
Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said
party of the second part, the r~ceipt of which is hereby acknowledged, does hereby grant,
bargain, sell and release unto the party of the second part, its successors and assigns, a right of
way and perpetual easement for the purpose off installation and maintenance of public utilities
with full and free 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 Palm Beach County, Florida, to-wit:
See Exhibit "A"
Concomitant and coextensive with this right is the 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 easement shall be subject only to those easements, restrictions, and reservations
of record. That the party of the first part agrees to provide for the release of any and all
mortgages or liens encumbering this easement. The party of the first part also agrees to erect no
building or effect any other kind of construction or improvements upon the above-described
property.
It is understood that upon completion of such installation, all lands disturbed thereby as a
result of such installation 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 lawful claims of all persons whomsoever claimed by, through or under it, that it
has good right and lawful authority to grant the above-described easement and that the same is
unencumbered. Where the context of this Easement Deed allows or permits, the same shall
include the successors or assigns of the parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals
the day and year first above written.
WITNESS #1: PARTY OF THE FIRST PART
/4, ~c,,~ tek $c b r,,q 0J By -Wiiliam Vu-t ggiola
(n~e printed or typed)
WI~ESS fi2:
(name printed or typed)
STATE OF FLO~DA
CO~TY o~ &d~
The foregoing ins~ent, was ac~owledged before me ~is ~?~day of Dece~. ~ / ,
1997 by 6~,11,~¥~ ~1~,.,~;~ (n~e of person ac~owledging), who is
personally ~o~ to me or who has produced ~ (type of identification)
as identification ~d who did ~ake ~ oath.
Signature of Not~ Public - State
I1:~-:il ~e. s~o~ I of Florida
Wi~ESS alibi ~.~s~, IPARTY OF THE FIRST PART
(name printed or typed) V~ginia Vultaggio
WI~ESS ~2:
(name printed or typed)
STATE OF FLO~DA
CO~TY OF
The foregoing inst~ment was ac~owledged before me ~s)~ ~day of
1997 by ~d,~¢ ;,,i,~ V~(/&}~,f (n~e of person ac~owledging), ~ho
personally ~o~ to me or who has produced ~' (~pe of identification)
as identification ~d who di~~e ~ oath.
8ignat~e ofNot~ ~ublic - 8tare
of Florida
2 1'~/ No. CCTV,
URVEY ·
SOUTH,
INCOILPORATED
L A N D S U R V E Y O R S
2decO7
EASEMENT DESCRIPTION
for #1019 Rhodes-V'dla Avenue, Delray Beach, FL.
The West 5.00 feet of the following dmcn~ ~I of Land:
THE EAST 30 FEET OF LOT 16 AND THE WEST 60 FEET OF LOT 17,
DELRAY BEACH SHORES, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 23, PAGE 167 OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA.
Subject to easements, restrictions, reservations, covenants and rights-of-way
of record.
CERTIFICATION
I hereby certify that this Easement Description and Graphic Depiction is true
and correct to thc best of my knowledge and bclief~ based on a field Survey
performed under my direct supervision on 17nov97; and that said Description
and Depiction conforms to the Minimum Technical Standards set forth by the
Florida Board of P~ofessional Surveyors and Mappers in Chapter 6 IGI7
-6,
Florida Administrative Code pursuant to Section 472.027, Florida Slatutes.
Manuel A. Guti~
Professional Surveyor & Mapper
Fin. Peg, # 4102
Page 1 of 2
101 S.E. 6th Avenue · Delray Bench, Florida 53485 · ~'~.276;7341 FAX:276.7344
West Line of' Lot 15
LOT UNE~,,~
.........
EXISTING/'' q ~ ~ /
DRAINAGE LINE ~ g X ~
S~ ~8~
' ~ 0
om~
.
East Line of Lot 17 ~ 0
o
~ 0
Page!'2 of 2
RIGHT OF ENTRY AND LICENSE AGREEMENT
FOR DRAINAGE CONSTRUCTION
PROJECT: Rhodes Villa Avenue & White Drive Drainage Improvements
PROJECT NO. 98-001
PARCEL NO. 12-43-46-21 - 15-000-0161
PROPERTY OWNER: William & Virginia Vultaggio
1019 Rhodes Villa Avenue
Delray Beach, Florida 33483
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 WILLIAM VULTAGGIO and VIRGINIA VULTAGGIO, referred
to as (OWNER), provides as follows:
WHEREAS, the CITY desires to complete stormwater drainage improvements
associated with the above-named project, which is located at the property described below; and,
WHEREAS, the CITY has determined that the improvements are necessary to protect
the public health, safety and welfare; and,
WHEREAS, in order to complete said stormwater drainage construction, it is necessary
for the CITY to enter upon and perform various construction tasks on the following described
property:
See Attached Exhibit "A"
and;
WHEREAS, as part of this project, the CITY will return the disturbed area to like or
better condition than prior to construction.
Page I of 2
NOW, THEREFORE, in witness of the above and in consideration of the CITY
agreeing to conduct the aforesaid restoration, OWNER hereby grants unto the CITY, their
employees, agents, contractors, sub-contractors, and/or assigns the license the right to enter upon
said land of OWNER for the purpose of constructing the project.
1. The above-stated recitals are incorporated herein as if fully set forth herein.
2. It is further agreed that the license and rights granted herein shall cease upon
completion and finalization of the contract which said work is performed.
3. This Agreement constitutes the entire agreement and understanding of the parties,
and supersedes all offers, negotiations, and other agreements. 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 first above written.
WITNESSES: OWNER
(Name Printed or Typed)
..... -". o . / /' ../
i'q~ h~,',~,.L f'l~ "~' f~ ,;~ ,t'~.' .-"
(Name Printed or Typed)
STATE OF fZ'~',' ,.,
COUNTY OF -;;-~ ~.', .
The foregoing instrument was acknowledged before me this 2r/~"~lay of /)~c/.~:, ~, .-,
19</'7, by ,/c?,'[/t.~,,~ {lc',. l[-cc.]~t,:; (name of person acknowledging), w.h_9
personally., known to me or who.has produced ~ (type of identification)
.... : .... : ........ ; ' . '7 -'~
as ~dent~ficat~on and who d~d~ot)take an oath.
Signature of Notary Public
i;~:~-:~1 Notary Public, Stale of FlOdda !
~;,.~._'~.,.'~:/I ~y co,~,m. F_~. Nov. 3O, 20m !
Page2 of 2 ~[ NO. CC596387
WITNESSES: OWNER
~me Printed or Typed)
/
(Nmne Printed or Typed)
STATE OF
The foregoing instrument was acknowledged before me this 2ff'~^day of PC ~ c;,~ ~. ~ ..,
p~r~.~ogJ!~..~owh' to me or wh~ds-produced ..... (type of identification)
as ,dentfficat,on and who dt~d.not).take~= an oath.
~CITY OF DEL~Y BEACH, FLORIDA
By:
ATTEST: Jay Alperin, Mayor
City Clerk
Approved as to Form:
City Attorney
vultag.agt
Page 3 of 3
~ INCORI~RATED
L A N D S U R V E Y O R S
2decO7
RASEMRNT DRSCRIFrlON
for #1019 Rhodes-Villa Avenue, Delray Beach, FL.
The West 5.00 feet of thc following descn'bed Pa~l of Land:
THE EAST 30 FEET OF ~ 16 AND THE WEST 60 FEET OF LOT 17,
DELRAY BEACH SHORES, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 23, PAGE 167 OF THE PUBLIC RECORDS
OF PALM BEACH COUHIW, FLORIDA.
Subject to easements, restrictions, reservations, covenants and fights-of-way
ofreconL
CERTBrlCATION
I hereby ceffify that this Easement Description and Graphic Depiction is true
and correct to the best of my knowledge and belief; based on a field Survey
performed under my direct supervision on 17nov97; and that said Description
and Depiction conforms to the Minimum Tccknical Standards set forth by the
Florida Board of P/ofessional Surveyors and Mappers in Chapter 61Gl7
Florida Admin~ve Code pursuant to Section 472.027, Florida Statutes.
~onal Surveyor & Mapper
Fla. Reg. # 4102
Page 1 of 2
EXhibIT "A"
101 S.F.. 61h Avenue · Delrsy lk~..h, Florid~ 33483 · fi61.276~7341 FAX:276..7344
o. West Line of'Lot 15
I
(.~
I
I .~ /
~>
Z LOT LINE~,~:~,.~ /___
~ DRAINAGE LINE
~ O~
I '
~ omg
Eost Line of Lot 17
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~~
SUBJECT: AGENDA ITEM # ~'- REGULAR MEETING OF FEBRUARY 17, 1998
ACCEPTANCE OF EASEMENT DEEDS AND RIGHT OF ENTRY AND
LICENSE AGREEMENTS/BERMUDA GARDENS ROAD
DATE: FEBRUARY 12, 1998
The City is planning to install water and sewer lines in Bermuda
Gardens Road. Since this is a private road, we need to acquire
the necessary easements and construction agreements with property
owners to allow the work to be done. At this point we have
received easement deeds and reached agreement with five (5)
property owners on the street.
The action requested of the Commission is acceptance of the
easement deeds and approval of the construction agreements with
all five property owners. All five of the documents are
identical, so only one is included in the backup as an example.
Recommend acceptance of easement deeds and approval of Right of
Entry and License Agreements for Pavement and Drainage
Construction with the following:
Robert J. and Barbara A. Ireland
924 Bermuda Gardens Road
Gerlinde Hofer
901 Bermuda Gardens Road
John Oberg
912 Bermuda Gardens Road
Yvonne Hatch
917 Bermuda Gardens Road
Thomas B. Barth
913 Bermuda Gardens Road
The remaining easements will be brought to the City Commission
for acceptance as soon as they are finalized.
ref:agmemo6
MEMO From
CITY MANAGEFI'$ OFFICE
To: ~, Dar, e: ,2-/////~7-~
CITY OF DELRRV BE#£H
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
Ali. America City M'EMORANDU1VI
1993
TO: City Commission
FROM: David N. Tolces, Assistant City Attorne~
SUBJECT: Bermuda Gardens Road - Pavement and Drainage Improvements -
Acceptance of Utility Easements and License Agreements for
Construction
The City Engineering Department, in conjunction with the City Attorney's Office, has
been attempting to complete acquisition of the necessary easements and construction
agreements in order to install an 8-inch water main and an 8-inch sanitary sewer line
under Bermuda Gardens Road, a private road. As of this date, the City has acquired the
10 foot utility easements for the installation of the utility lines from the following
properties:
924 Bermuda Gardens Road
Robert J. and Barbara A. Ireland
901 Bermuda Gardens Road
Gerlinde Hofer
912 Bermuda Gardens Road
John Oberg
917 Bermuda Gardens Road
Yvonne Hatch
913 Bermuda Gardens Road
Thomas B. Barth
The City is still planning on completing the project; however, due to the lengthy amount
of time it has taken to acquire the easements, it is requested that the City Commission
City Commission
February 4, 1998
Page 2
accept the above easements and approve the corresponding construction agreements at
this time.
When we obtain the remaining easements, we will bring them to the City Commission
for acceptance. At this time, the City Commission, if it desires, should accept the utility
easement deeds for the above properties and approve the corresponding Right of Entry
and License Agreements.
Please call if you have any questions.
DNT:smk
Attachments
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
bermuda.dnt
WA TI:' R WA Y
~tla.tic Oce
Prepared by: RETURN:
David N. Tolces, Esq.
City Attorney's Office
200 N.W. Ist Avenue
Delray Beach, Florida 33444
EASEMENT DEED
TillS INDENTURE, made this /__?-Y~ day of /Y}~q~ , 1997, by and between
ROBERT J. IRELAND and BARBARA A. 1RELAND, h married couple, with a mailing
address of 2320 York Street, Quincy, IL 62301, party of the first part, and the CITY OF
DELRAY BEACH, FLORIDA, with a mailing address of 100 N.W. 1st Avenue, Delray Beach,
Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the
second part:
WITNESSETH: That the party of the first part, for and in consideration of the sum of
Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said
party of the second part, the receipt of which is hereby acknowledged, does hereby grant,
bargain, sell and release unto the party of the second part, its successors and assigns, a right of
way and perpetual easement for the purpose of: installation and maintenance of public utilities
with full and free 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 Palm Beach County, Florida, to-wit:
DESCRIPTION
See Exhibit "A"
Concomitant and coextensive with this right is the 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 easement shall be subject only to those easements, restrictions, and reservations
of record. That the party of the first part agrees to provide for the release of any and all
mortgages or liens encumbering this easement. The party of the first part also agrees to erect no
building or effect any other kind of construction or improvements upon the above-described
property.
It is understood that upon completion of such installation, all lands disturbed thereby as a
result of such installation 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 lawful claims of all persons whomsoever claimed by, through or under it, that it
has good right and lawful authority to grant the above-described easement and that the same is
unencumbered. Where the context of this Easement Deed allows or permits, the same shall
include the successors or assigns of the parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals
the day and year first above written.
WITNESS #1: PARTY OF THE FIRST PART
PrintName: ~[~Po~.,riD/,- )Tlg~'nh~'~ Print Name: /~O,~ar cT, ~-~l~
WI~ESS ~2:
Print Name:~t~ff ~'/~
STATE OF ~
COUNTY OF ~~.
The foregoing instrument was acknowledged before me ~is /7~-day of
r' 1997 by~o}~e~ ~ ~ ~ &t~e~. He/She is personally known
oduced as identification.
' ~ ... c~la)l~ ~__. ~ Signature of Notary ~bli[
WI~ES S ~ 1' ~ My Commis~ Ex~ 1~
Print Name: V~o ~a,-~ L ~~- Print Name: ~B~r
~r~nt N~e: ~,~z
STATE OF
COUNTY OF ~)
The foregoing instrument was ac~owledged before me this /~. day of
7,~ ~ .... 1997 by ~ b~g ~ ~ ~a ~ ~ ~ ~n~&. He/She is personally ~ow~
to ~e ~ has produced as identification.
~is~a~ o[ No~ ~bli~
-LINE Or STARE ROlO ~-'-A ~ :~
1200' m
k ~ ~ . oHEET kOF, 1
J~ 't?. $UtTER
~ ~L ~ ~AL ~ A ~ORDA
L~ENSEO S~Y~ A~ MAP~R.
~ O'~EIEN, SUITEE & O'B~IEN, INC.
ENGINEERS, SURVEYORS, LAND PLANNERS
CERT~ICA TE OF AUTHORIZA T~N ILe353
rM. ~ S~VEYOR A~ MAPPER ~ RESPONS~LE CHARGE: JO~ ~ SfrER
260~ ~RTH FEDERAL HIGHEAY, DELRAY 8EAC~ FLORDA 33483
NOTES: (5~) 2~6-4501 732-3279 FAX 276-2390
28/46/43 ~ SECTION 28, TOWNSHIP 26, ,
46 SOUTH. RANGE 4J EAST F~O-- "~". I /~,~-----
RIGHT OF ENTRY AND LICENSE AGREEMENT
FOR PAVEMENT AND DRAINAGE CONSTRUCTION
PROJECT: Bermuda Gardens Roadway and Public Utility Construction
PROJECT NO. 97-004
PARCEL NO. 12-43-46-28-00-000-1180
PROPERTY OWNER: Robert J. and Barbara A. Ireland
924 Bermuda Gardens Road
Delray Beach, Florida 33483
THIS AGREEMENT entered into this /76/day of i~:~?r~, ,1997, by and between
the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as
"CITY"), and ROBERT J. IRELAND and BARBARA A. IRELAND, (hereinafter referred to
as "OWNER"), provides as follows:
WHEREAS, the CITY desires to complete pavement, sewer, and water line construction
and/or modifications associated with the above-named project, which is located at the property
described below; and,
WHEREAS, the CITY has determined that the improvements are necessary to protect
the public health, safety and welfare; and,
WHEREAS, in order to complete said pavement, sewer, and water line construction, it is
necessary for the CITY to enter upon and perform various construction tasks on the following
described property:
See Attached Exhibit "A"
and;
WHEREAS, as part of this project, the CITY will return the disturbed area to like or
better condition than prior to construction, and provide a pavement overlay for the roadway and
connect the water and sewer lines to the existing system.
Page I of 3
NOW, THEREFORE, in witness of the above and in consideration of the CITY
agreeing to conduct the aforesaid restoration, OWNER hereby grants unto the CITY, their
employees, agents, contractors, sub-contractors, and/or assigns the license the right to enter upon
said land of OWNER for the purpose of constructing the project.
1. The above-stated recitals are incorporated herein as if fully set forth herein.
2. It is further agreed that the license and rights granted herein shall cease upon
completion and finalization of the contract which said work is performed.
3. This Agreement constitutes the entire agreement and understanding of the parties,
and supersedes all offers, negotiations, and other agreements. 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 first above written.
WITNESSES: OWNER
~ ~ .)2-~ Print Name:
~ame Printed or Typed)
~e Pfi~te~ or Typed)
STATE OF
COUNTY OF (~'~,9/r~.~.~ ·
The foregQinginstrument ~as acknowledged before me this .. I 7~day of '?v'lo.,..~, ,
1997 oy (~;~m_r__.tZZ~k_o/~,Jy~,~ho-*,,~a-~_ [name o~ person acknowledginglj, x~ho is
personally known to me or who has produced ~ (type of identification)
as identification and who did (did not) take an oath.
Signature of Notary Public '
Page 2 of 3
WITNESSES: OWNER
~-~tgbe c'~- ~- Oq C2¢~-~, ~, ~' Print Name:
(Name Printed or Typed)
(Name Printed or Typed)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this 3_2~day of 'Y',~'Trz,_-. ,
1997 by ~-~ct~,t~bo~.-b 46ac~tsag~Zae}a~i.(name of person acknowledging~, w~0 is
personally known to me or who has produced (type of identification)
as identification and who did (did not) take an oath.
~, "OFFICIAL SEAL" ? Signature of Notary Public
bermudal.agt ~ C~4~. ~l~O
CITY OF DELRAY BEACH, FLORIDA
ATTEST:
BY:
Jay Alperin, Mayor
City Clerk
Approved as to Form:
City Attorney
Page 3 of 3
SHEET
MAPPER
~L RA~ ~AL OF A ~OR~A
~ L~E~ S~YOR A~ MAPPER.
~ O'~EIEN, SUITE~ & O'~IEN, INC.
ENGINEERS, SURVEYORS, LAND PLANNERS
10. O' c~rr~cA r~ o~ ~ur, omz~ r~o~
SURVEYOR AND MAPPER ~ RESPONSNLE CHARGE: JOHN N. SUffER
2~Ot NORTH FEDERAL HICHWAY, DELRAY 8EACH, FLORIDA 3J48J
NOTES: (56l) 2~6-450~ 7J2-J279 FAX 276-2J90
~/4~/4J ~ 5~crto~ ~, row~5~t~ NOV. 26, = 20'
4~ SOUTH. RANGE 43 EAST r~o ~OOK O~ ~.: "G
96-214 "
MEMORANDUM
TO: MAYOR A_ND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~'~- REGULAR MEETING OF FEBRUARY 17, 1998
SERVICE AUTHORIZATION #32/HELLER, WEAVER A1XrD CATO, INC.
DATE: FEBRUARY 12, 1998
This is before the Commission to approve Service Authorization
#32 in the amount of $12,740.00 with Heller, Weaver and Cato,
Inc. for a topographical mapping survey along the N.W. 3rd Street
corridor from N.W. 3rd Avenue to N.W. 10th Avenue.
The purpose of the survey is to map all above ground improvements
such as significant landscaping, driveway aprons, and walkways,
and to locate all underground utilities. The proposed
improvements along N.W. 3rd Street include storm drainage, water
main upgrades, sanitary (if needed), and street reconstruction.
This project is included in the current year capital program.
Funding will be from the Stormwater Utility Fund - Spady
Area/N.W. 3rd Street (Account 448-5411-538-63.69).
Recommend approval of Service Authorization #32 with Heller,
Weaver and Cato, Inc.
ref:agmemo5
Agenda Item No. ~,~"
AGENDA REQUEST
Date: 4-Feb-98
Request to be placed on:
X Regular Agenda
~ Special Agenda
~ Workshop Agenda When: 17-Feb-98
Description of item (who, what, where, how much): Staff reo. uests Commission
Approval/Authorization for Mayor to execute Service Authorization from Heller. Weaver
and Cato. Inc. for a topographical mapping survey locating all above and below ground
improvements, including significant landscaping, driveway aprons and walks within the
NW 3rd Street corridor from NW 3rd Avenue to NW 10th Avenue. Proposed
improvements along this pro_iect include storm drainage, water main upgrades, sanitary. (if
needed) and street reconstruction. This pro_iect is included in the current capital program.
Total cost for this Service Authorization is $12.740.00.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of Service Authorization.
Department head signature:/~/~. .,~---,-c~ ~,__
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (re~zt~ed ,oj],alt/i~s i.nvqlving expenditure of funds): Funding available: ~"~,~N O'~-~
Funding alternativeb-" '~'"-' .(if applicable)
Account No. & Description 448-5411-538-63-69 Spady Area/NW 3rd St.
Account Balance ,$475.000.00
City Manager Review:
Approved for agenda: ~/NO
Hold Until:
Agenda Coordinator Review:
Received: --
Placed on Agenda:
Action:
Approved/Disapproved
cc: s:\...\projects\98\98-047\official~agenda.doc
City Of Delray Beach · Department of Environmental Services
MEMORANDUM
II
TO: David T. Harden, City Manager
FROM: Randa, L. Krejcarek, P.E., City Engineer~~
DATE: 4-Feb-98
SUBJECT: NW3rd Street Improvements
Surveying and Mapping Service Authorization
Project #98-047
The attached agenda item is for the survey and mapping of existing topographical
features and underground utilities along the NW 3rd Street corridor from NW 3rd
Avenue to NW 10th Avenue.
The proposed improvements along this corridor include drainage, watermain upgrades,
sanitary (if needed) and street reconstruction°
The total cost of this Service Authorization is $12,740.00.
Funding is from account ~448-5411-538-63-69
enc.
cc Richard Hasko, P.E., Acting Director of Environmental Services
project #98-047
s:L. ~projects~98[98~O47~official~agenda.mem
HELLER-WEAVER AND CATO, INC.
CITY OF DELRAY BEACI-I
CONSULTING SERVICE AUTHORIZATION
DATE: JANUARY 29, 1998
SERVICE AUTHORIZATION NO. ~'c~ FOR CONSULTING SERVICES
CITY P.O. NO. (CITY) HELLER-WEAVER AND CATO, INC.
TITLE: DRAINAGE CONSTRUCTION - NW 3rd Street - From NW 10th Avenue to NW 3rd Avenue
" PROJECT # 98-047
This Service Authorization, when executed, shall be incorporated in and shall become an integral part off the Con-
tract, Dated July 25, 1991, between the City of Delray Beach and Heller-Weaver and Cato, Inc.
Project Description:
A topographic mapping survey locating all above and below ground improvements, including significant landscap-
ing, driveway aprons, and walks within the NW 3rd Street, fi.om NW 10th Avenue to NW 3rd Avenue.
Scope of Survey Services:
Platted rights-of-way (including bearing and distances flor eenterlines)., lot numbers, block numbers and dedicated
easements.
All improvements, physical objects, driveways and significant landscape (i.e., trees, shrubs) within the rights-off-way.
All underground utilities: Inverts on sanitary and storm sewers shall be indicated, as well as, locations off water
valves and meters.
The topographical survey shall extend a minimum off 15 Feet beyond the road rights-of-way. Floor elevations of
building structures within 30 fleet of'the right-off-way shall be indicated. All topographical surveys shall have station-
ing established ffrom south to north and west to east, where applicable.
Elevations shall be indicated every 50 fleet, at a minimum, to indicate centerline grades, edge oFpavement grades and
shoulder grades. Intermediate grades shall be indicated at all grade breaks, driveways and sidewalks. Two grades
(one at the right-of-way line and one 15 Feet back) shall be indicated on the driveways to indicate direction off grade.
Mapping will be prepared in AutoCad fformat as one continuous file.
The City of Delray Beach will provide copies of'all available subdivision plats, as-builts, and any other instruments as
required For the scope of'the aforementioned services.
NW 3rd Street from NW 10th Avenue to NW 3rd Avenue
Page Two
Submittal Materials
Any field notes in neat legible format.
One plot of the drawings signed and sealed by a registered land surveyor for record purpose at 1"=20' scale.
A computer disk with survey and drawing information compatible with AutoCAD Version 12. Separate layers for
AutoCAD drawing information are to be established (as directed by the City of Delray) at a minimum as follows:
1. Right-of-way text 2. Right-of-way lines
3. Lot text 4. Lot lines
5. Locations text 6. Locations information
7. Topographic text 8. Survey notes and information
Fee
The above mentioned services will be provided for a lump sum fee of Twelve Thousand Seven Hundred Forty
Dollars and no/100 ($12,740.00).
Completion Date
Eight (8) weeks alter authorization to proceed, project will be completed.
This service authorization is approved contingent upon the City's acceptance of and satisfaction with the comple-
tion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the
City, in its sole discretion, is unsatisfied with the services provided in the previous phase or service authorization,
the City may terminate the contract without incurring any further liability. The CONSULTANT may not com-
mence work on any service authorization approved by the City to be included as part of the contract with out a
further notice to proceed.
NW 3rd Street from NW 10th Avenue to NW 3rd Avenue
Page Three
Approved By:
CITY OF DELRAY BEACH: CONSULTANT: HELLER-WEAVER AND CATO, INC.
Date: Date:/ff'~7 29, 1998
Jay AIperin John ~. ~er~ l~SM
Mayor Presi td'~o.J._.ff
City Clerk
to Legal Su~ciency and Form
Approved
as
~t
hess
STATE OF FLO~DA
City Attorney CO~TY OF PALM BEACH
The following instrument was acknowledged ~fore me
this 29th day of Janua~ , 1998 by John D.
Weaver, President of Heller-Weaver and Cato, Inc., a
Florida Corporation, on ~halfofthe corporation. He is
personally knpwn to me and di~ot take an oath.
Signature oF Per~ Taking Acknowledgment
Ina E. Levinson
Signature of Acknowledger
(typed, printed or stamped)
Ille:\jdw~cdb~dbcon21.pub ~INA E. LEVINSON
My Corem Exp. 4/18100
Bonded By Service Ins
No. CC548512
o emonally~ [1 OBi' I. O.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MkNAGER~_~
SUBJECT: AGENDA ITEM # ~'[/ - REGULAR MEETING OF FEBRUARY 17, 1998
CLOSEOUT CHANGE ORDER #2 & FINAL PAYMENT TO STONE AGE
PAVERS FOR OLD SCHOOL SQUARE BRICK REPLACEMENT PROJECT
DATE: FEBRUARY 13, 1998
This is before the Commission to approve a deduct Change Order #2
in the amount of $12,740.95 with Stone Age Pavers, Inc. for the
Old School Square brick paver repair and replacement project.
Final payment to the contractor in the amount of $5,233.97 is also
requested.
The closeout change order includes adjustments for final
plus/minus quantities (-$3,740.95) and the deletion of brick paver
sidewalk and steps in the right-of-way on Venetian and Atlantic
Avenues in front of the Waterway East complex (-$9,000.00) . This
work had been included under Change Order #1 with Stone Age
Pavers, but has now been eliminated from the contract by mutual
consent. The work at Waterway East will be done by Hardrives,
Inc. which has contracted separately with Waterway East to do
similar work at the complex. If this Change Order #2 is approved,
the City Manager will issue a purchase order to Hardrives in the
amount of $9,000.00 for them to construct the work in the City
right-of-way. Funding will be from liquidated funds under the
change order.
Funding sources for closeout Change Order #2 are the liquidation
of 334-4141-572-61.73 (East Atlantic Avenue/Intracoastal-Ocean in
the amount of $2,750.00), 334-3162-541-63.11 (Bikepaths/Sidewalks
in the amount of $6,250.00), and 334-6111-519-62.10 (General
Construction/Buildings for $3,740.95). Funding for the final
payment will be from 334-6111-519-62.10 (General Construction/
Buildings).
Recommend approval of closeout Change Order #2 and final payment
to Stone Age Pavers, Inc. for the Old School Square Brick
Replacement project.
ref:agmemol0
?
Agenda Item No. (--7
AGENDA REQUEST
Date: February 9, 1998
Request to be placed on:
X Regular Agenda
~ Special Agenda
~ Workshop Agenda When: February 17, 1997
Description of item (who, what, where, how much): Staff requests City Commission approval for deduct
Closeout Chan,qe Order ~2 with Stone A,qe Pavers, Inc. in the amount of -$12,740.95 for the Old School
Square Brick Replacement Project (97-41). The scope includes the final plus/minus adjustments to the
Contract ( $3,740.95); and the deletion of brick paver sidewalk/steps in the Ri,qht of Way on Venetian and
Atlantic in front of Waterway East Office Complex per C.O. #1 (-$9,000.00).
Request is also made to issue a Pumhase Order to Hardrives, Inc. in the amount of $9,000.00 for construction
of the work in front of Waterway East deleted from the Contract above. Based on the work Hardrives was
constructin.q directly for Waterway East it was Io~lical for them to construct the work in the City Ri,qht of Way
instead of Stone ARe.
Fundin.cl sources for closeout Chan.qe Order ~2 are the liquidation to 334-4141-572-61.73 of $2,750.00; 334-
3162-541-63.11 for $6,250.00; and 334-6111-519-62.10 for $3,740.95 from the Stone A.qe Contract. The
Hardrives Purchase Order for $9,000.00 will be from the liquidated funds 334-4141-572-61.73 for $2,750.00
and 334-3162-541-63.11 for ,~,250.00 above.
Also requested is approval of final payment to Stone Age Pavers, Inc. for $5,233.87. A Contractor
Performance Evaluation is attached for your review.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends City Commission closeout ChanRe Order ~2 and final payment to Stone
ARe Pavers, Inc. and award of P.. O. to Hardrives side, w~31ks and steps on Venetian and Atlantic in front of
WaterwaY East C°mplex' l/~i~, ~C ~..c~,. .[] /'~/~,~ ~
Department head signature: ~ - '5
Determination of Consistency with Comprehensive Plan:
City Attomey Review/Recommendation if applicable):
Budget Director Review (req.gJ[:~ on all items involving expenditure of
Funding available:~__.~O ~rI. ~ . ~ ~/~o~
Funding altematives~if applicable): ~ __
Account No. & Description ,.S~E. ~ ~ ch e_.c[ ~ ~'~
Account Balance ~
City Manager Review:
Approved for agenda: E~O ~'~/~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
City Of Delray Beach · Department of Environmental Services
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Howard Wight, Dep Dir of Construc~_~
//
DATE: February 9, 1998
SUBJECT: Old School Square Brick Pavers (97-41)
Closeout Change Order #2 ;and Atlantic Ave I Venetian Dr Brick Paver
Sidewalks at Waterway East
Attached for Commission approval is closeout Change Order #2, Final to Stone Age Pavers,
Inc. on the Old School Square Brick Paver Repair project (97-41). Included are the final
measured plus/minus changes to the unit price items at Old School Square for -$3,740.95;
and the deletion of the work included in a previously awarded Contract Addition (C.O.#1) for
brick sidewalk/step tie-ins at Atlantic Ave. / Venetian Drive City Right of Way @ Waterway
East Office Complex for -$9,000.00. Total amount of Change Order #2 is a deduct of
$12,740.95.
Hardrives, Inc. contracted with the Waterway East property owners to construct paver
sidewalks around the storefront on the Waterway East Complex property. They agreed to do
the City (Stone Age) scope of work in the Right of Way for the same price as Stone Age
($9,000.00) per above. Stone Age has no problem with the elimination of the work. Based on
this a request is made to issue a separate P.O. to Hardrives, Inc. with the same funding used
with the Stone Age Contract Addition after liquidation of funds via the proposed Change Order
#2.
A request is also made to make final payment to Stone Age Pavers for the Old School Square
Project for $5,233.87. A Contractor Evaluation sheet is attached for review.
Funding Sources for the above are the liquidation to 334-4141-572-61.73 for -$2,750.00;
334-3162-541-63.11 for -$6,250.00; and 334-6111-519-62.10 for -$3,740.95 from the
Closeout C.O. #2 to Stone Age; and 334-4141-572-61.73 for $2,750.00 and 334-3162-541-
63.11 for $6,250.00 for the Purchase Order to Hardrives.
File: Memos to City Manager (w/o attachments)
CC: Dick Hasko, Director of Environmental Services (w/o attachments)
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE ORDER NO. Two (2) Final PROJECT NO. 97-41 DATE:
PROJECT TITLE: Old School Square Paver Brick Repair Project
TO CONTRACTOR: Stone Aqe Pavers, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND
SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO
ALL CONTRACT STIPULATIONS AND COVENANTS.
JUSTIFICATIONs
Changes per Schedule A Attached
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $ 38,535.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 9,000.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 47,535.00
COST OF CONSTRUCTION CHANGES THIS ORDER $-12,740.95
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 34,794.05
PER CENT INCREASE/DECREASE THIS CHANGE ORDER -33.8
TOTAL PER CENT INCREASE/DECREASE TO DATE -9.8
CERTIFIED STATEMENT: I hereby certify that the supporting cost data
included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper
ratio to the cost of the original work contracted for
under benefit of competitive bidding.
for Stone Age Pavers, Inc.
(sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Env Svc 334-4141-572-61.73 for -$2,750..00;and 334-3162-541-63.11 for -$6,250.00
and 334-6111-519-62.10 for -$3,740.95
DEPARTMENT FUNDS BUDGETED CODE
DELRAY BEACH, FLORIDA
By its City Commission
RECOMMEND: By:
for Environmental Services David T. Harden, City Manager
ATTEST:
APPROVED: By:
City Attorney City Clerk
~...~97-41~construct~co2frm.doc
CITY OF DELRAY BEACH Old School Square Brick Paver Repair
Project No 97-41
C.O. #2 Final
Schedule "A"
Description Unit Contract Unit Total Est. As-Built Unit Total Est.
Qty Price Price Qty Price Price
1 Removal/Replacement of Bricks S.F. 12000 $ 1.35 $ 16,200.00 8211 $ 1.35 $ 11,084.85
2 Removal / Replacement of Coral Stone EA. 95 $ 75.00 $ 7,125.00 114 $ 75.00 $ 8,550.00
3 Remove / Replace w/new brick and base S.F. 2000 $ 6.60 $ 13,200.00 1852 $ 6.60 $ 12,223.20
4 Continc, lenc~/Allowance L.S. 1 $ 2,000.00 $ 2,000.00 0 $ 2,000.00 $
-- Additional Sand for Ddvewa}/Apron TN. 0 $ 18.00 $ 7 $ 18.00 $ 126.00
-- Root Removal Around Trees EA. 0 $ 100.00 $ 28 $ 100.00 $ 2,800.00
5 Indemnification L.S. 1 $ 10.00 $ 10.00 1 $ 10.00 $ 10.00
-- C.O. I - Atl Ave / Venetian Brick Pavers/Step L.S. 1 $ 9,000.00 $ 9,000.00 0 $ 9,000.00 $
Totals $47,535.00 $ 34,794.05
Contract Amount thru C.O. #1 $ 47,535.00
Deduct C.O. #2 Amount $(12,740.95)
Final Contract Amount $ 34,794.05
Acct# Acct Name Amount
334-4141-572-61.73 E. Atlantic Ave. ( $ 2,750.00) Liquidated-Stone Pavers
Intra Coast-Ocean
334-3162-541-63.11 Bikepaths/Sidewalks ( 6,250.00) " ....
334-6111-519-62.10 Capital Outlay-Build( 3,740.95) " " " ( $12,740.95)Total Liquidated
334-4141-572-61.73 E. Atlantic Ave 2,750.00 Hardrives
334-3162-541-63.11 Bikepaths/Sidewalks 6~250.00 Hardrives
$ 9,000.00 Total Hardrives
334-6111-519-62.10 Capital Outlay-
Building $ 5,233.87 Stone Pavers Final Pmt.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # ~'~'- REGULAR MEETING OF FEBRUARY 17, 1998
POLICE DEPARTMENT EMERGENCY A/C EQUIPMENT REPLACEMENT
DATE: FEBRUARY 13, 1998
This is before the Commission to accept a proposal in the amount
of $43,955.00 and award a contract to Stokes Mechanical
Contractor, Inc. for the emergency replacement of an air
conditioning unit at the Police Department.
The roof-top unit is located above the Communications area of the
Police Department. It has deteriorated to the point where the
building is taking in rain water and there is the possibility of
damage to the dispatch equipment. Quotes were obtained from three
companies, with Stokes Mechanical Contractor being the lowest
proposal. The work includes the removal and replacement of the
existing unit, including an extended warranty on the compressor
for years two through five.
I recommend that Commission accept the proposal and award the
contract to Stokes Mechanical Contractor, Inc. for the emergency
replacement of a roof-top air conditioning unit at the Police
Department. Funding is available from 334-6111-519-63.21 (General
Construction Fund - Police A/C System).
ref:agmemol3
Agenda Item No. <~//- ·
AGENDA REQUEST
Date: February_ 13. 1998
Request to be placed on:
X Regular Agenda
~ Special Agenda
~ Workshop Agenda When: February_ 17. 1998
Description of item (who, what, where, how much): Staff request City Commission award
a contract to Stokes Mechanical Contractor, Inc. in the amount of $43,955.00 for
replacement of deteriorated roof-top NC unit at the Police Department Facility. Funding
is available from Account Number 334-6111-519-63.21.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends City Commission award a contract to Stokes
Mechanical Contractor, Inc. in the amount of $43,955.00 for replacement of deteriorated
roof-top NC unit at the Police ~l ,rtm(.e~t-~cilityt~L(/,//)
Department head signature: ~ ~ ~ ~ ~ ?.-- 1 ~-'~/'
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (re.g~red on ~vol¥ingjex_penditure of funds):
Funding available: E(~.~NO -'"~-~z.~ I'~ (~
Funding alternatives (if applicable)~
Ac~unt No. & Description ~ H -~ ~ ~ ~ ~ ~l ~ -~, ~ I
Ac~unt Balan~ ~ i %~ I ~ ~ ~ ~ ~ o*~-t~--~
Ci~ Manager Review:
Approved for agenda: NO
Hold Until:
Agenda Coordinator Review:
Re~ived:
Plaid on Agenda:
Action:
Approved/Disapproved
s:~..39~8~gmq217
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager
From: Jos6 Aguila, A.I.A. (~
Construction Manager
Date: February 13, 1998
Subject: AGENDA REQUEST 02/17/98
Police Department Emergency A/C Equipment Replacement
Project Number 98-048
Attached is an Agenda Request for City Commission acceptance of a proposal for an
emergency replacement of a damaged Air Conditioning unit at the Police Department
Facility.
As directed, staff has obtained three proposals, as listed below, for removal and
replacement of the corroded roof-top unit above the Communications area of the Police
Department. As a consequence of the corroded unit, the building was taking in rain
water to a point that the Police Department personnel were concerned with the
possibility of damage to the dispatch equipment. The tree proposals received are as
follows:
I Stokes Mechanical Contractor, Inc. $43,955.00
2 Hoffman's Air Conditioning $45,150.00
3 Atlantic Refrigeration Corporation $45,988.00
The work includes the removal and replacement of the existing unit, probably during a
weekend. The condensing coils will be factory protected to extend the life of the
equipment. Aisc, an extended warranty on the compressor for years 2-5 is included in
the package.
Based on the comparison of the three proposals, staff recommends that the City
Commission award the replacement contract to Stokes Mechanical Contractor, Inc. in
the amount of $43,955.00 and authorize staff to proceed with the scheduling of the
work. Funding is available from the General Fund Account #334-6111-519-63.21.
cc: Bob Barcinski
Dick Hasko
Chief Overman
Agenda File 2/17~98
File 98-048 (A)
s~...\9848~uemrep
TOKE
MECHANICAL CONTRACTOR, INC.
February 13, 1998
City of Delray Beach
434 South Swinton Ave.
Delray Beach, FL 33~
Arm: Jose Aguila
RE: Delray Beach Police Department
PROPOSAL
We propose to supply ail labor and material to replace one Carder Model #50DL054-6 roof top package
unit as outlined below for the ~um of $41,900.00.
Turnkey operation to include:
· Equipment: Carrier Model #50EJ054-6 with economizer
· Factory Curb Adaptor
· 54 KW Heater
· Control/Line Voltage Wiring
· Ductwork
· Rigging (crane will also be available to lift existing unit as required for up to 4 hours)
· Start Up
· Premium Time Labor
· Warranty: 1 Year parts and labor on all system components
Lead Time: 8 Weeks
ADD $790.00 for precoated condenser coil
ADD $765.00 for compressor parts warranty 2~a thru 5th year
ADD $500.00 for compressor labor warranty 2~a thru 5a year
Sincerely,
E.C. STOKES MECHANICAL CONTRACTOR, INC.
Brad C. Bedient
Air Conditioning Service Manager
City E~lray B~ach AC
PLUMBING - AIR CONDITIONING
2001 7th Avenue North · Lake Worth, FL 33461 · (561) 582-3589 · FAX (561) 582-3602
P o2
HOFFMANN'S AIR CONDITIONING, [NC.
1000 A $.E. 1ST STREET
BOYNTON BEACH, FLORIDA 33435
TELEPHONE: 407-738-6490
PROPOSAL. DATE: 02/'13~98
SOLD TO: SPEC[AL INSTRUCTIONS:
CITY OF DELRAY BEACH WARRANTY:
!00 N W 1ST STREET 1 YEAR ON PARTS AND LABOR
5 YEARS ON THE COMPRESSOR
DELRAY BEACH FL 33444
PHONE: 2a3 .7~27 PROPOSAL NO. 3500
QtY ARTICLE AMOUNT
FURNISH AND INSTALL THE FOLLOWING A/C EQUIPMENT
JOB LOCATION: DELRAY POLICE DEPT
1 CARRIER 5DEK-O54---O--FA
75 HP MOTOR W/ VARIBLE FREQUENCY DRIVE
FCONOMIZER
5QDL054 TO 50EK054 ADAPTER CURB, INSTALLED
ON EXISTING ROOF' CURB
YEAR 2-5 EXTENDED COMPRESSOR WARRANTY
PRE-COATED CONDENSER COIL TO INHIBIT MARINE CORROSION
54 KW HEATER FACTORY INSTALLED
REMOVAL OF EXISTING A/C UNIT
ALL NECCESSARY MATERIALS TO REHOOK TO EXISTING
DUCTWORK.
ALL NECCESSARY HIgH VOLTAGE ELECTRICAL WIRINO FROM
DISCONNECT.
ALL NECCESSARY CRANE FEES
START AND CHECK SYSTEM
TOTAL QUOTED INSTALLED 45150.00
TERMS: TOTAL DUE UPON COMPLETION
w
The purchaser understands and agrees Aha~ TOTAL
all sales are final and not subject 'lo cancel- TAX
la,ion or refund unless otherwise sta~ed TOTAL 45150.00
above. 'l'l~e ~o all goods ar, d merchandise DEPOSIT '.
described above r~mains in ~ht~ seller' BALANCE DUE
ut)ti3 paid
CUSTOMER'S SIGNATURE
City of Delray Beach Florida
Public Works Department
434 Swinton Avenue
Delray Beach, Fl. 33444
C/O Mr. Jose' Aguila
R/E Delray Beach Police Department A/C Unit Replacement Quotation
Dear Mr. Aguila,
I have, as requested, compiled a quotation reflecting the replacement of the defunct Carrier Air
conditioning unit # 50DL-054-600SA. The job scope would be as follows;
Job Scope:
gl Remove old A/C unit via crane fi.om existing roof curb.
#2 Install factory engineered adapter curb specified by the equipment manufacturer
#3 Gasket and seal transitory curb to existing isolation curb
g4 Rig and set new machine vie crane
#5 Extend and re-connect electrical service
#6 Route condensate line to appropriate termination point
#7 Extend and connect pneumatic static pressure pitot
#8 Connect, calibrate, and fully commission control system
#9 Clean up any and all debris
# 10 Provide hurricane strapping and permit
Equipment specification:
#I Carrier model # 50EK-054-6-FA 8.5 EER
#2 25 hp motor with variable frequency drive (factory installed)
#3 Economizer Package
#4 Adapter curb
#5 2-5 year extended compressor(s) warranty
#6 Factory applied condenser coil treatment to resist corrosion
Installation Criteria:
#1 Week end installation
#2 Crane Service
#3 Freight Included
g4 Unit disposal to an appropriate recycler
#5 Cleanup of the site
#6 Compliance with all local codes and ordinances
Costs associated with the successful completion of this project would be submitted as $45,988.00. Please
let me know if you need any additional information.
Michael E. Mc Gann
Operations Manager
ATLANTIC REFRIGERATION CORP.
ATLANTIC REFRIGERATION CORR · 1395 N.W. 17TH AVE., SUITE 113 · DELRAY BEACH, FL 33445
DELRAY BEACH 278-1937 · PALM BEACH 737-5469 · BROWARD 427-3544 · FAX 278-0373
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # ~S - MEETING OF FEBRUARY, 17 1998
RESOLUTION NO. 12-98
DATE: FEBRUARY 13, 1998
This is a resolution assessing costs for abatement action
required to demolish an unsafe building on property at 119 NW 3rd
Avenue. This resolution sets forth the actual costs incurred and
provides the mechanism to attach a lien on this property in the
event the assessment of $2,382.27 remains unpaid.
Recommend approval of Resolution No. 12-98 assessing costs to
demolish an unsafe building on property at 119 NW 3rd Avenue.
RESOLUTION NO. 12-98
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 AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to 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 demol-
ished 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) indi-
cated 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 the rate of six percent (6%)
per annum, plus reasonable attorney's fees and other costs of collecting
said sums.
- 2 - Res. No. 12-98
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.
Sec~.ion 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1998.
MAYOR
ATTEST:
City Clerk
- 3 - Res. No. 12-98
CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
TO: Hannah Brtg~aa
ADDRESS: 119 1~ 3rd Avenuet Delray Beach, F1 33444
PROPERTY: 119 1~ 3rc1 Avenue, Delra~ Beach, F1 3344~
LE~DESCRIPTION: N25' of S35' of Lot 5~ Block 63, To~ of
De,ray acco:d~nF to Pla~ ~99k ~, pare 3 of the official zecor4s
of Palm Beach County, F1
You, as the record owner, of, or holder of an interest in, the above described property
are hereby advised that a cost of $2.38.2,27 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 8-1[-97 .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.
Res. No. 12-98
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above described property on
1-7-98 ' at a cost of $2,382.27 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. Po. 12-98
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # ~' - MEETING OF FEBRUARY, 17 1998
RESOLUTION NO. 13-98
DATE: FEBRUARY 13, 1998
This is a resolution assessing costs for emergency abatement
action required to board up an unsafe building on property at
18-24 NW 6th Avenue. The resolution sets for the actual costs
incurred and provides the mechanism to attach a lien on this
property in the event the assessment of $191.10 remains unpaid.
Recommend approval of Resolution No. 13-98 assessing costs to
board up an unsafe building on property at 18-24 NW 6th Avenue.
RESOLUTION NO. 13-98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE
BUILDINGS", OF THE LAND DEVELOPMENT REGUTJ%TIONS OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT
ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED
WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to 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 demol-
ished from the date of the said notice; and,
W~EREAS, 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) indi-
cated 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 the rate of six percent (6%)
per annum, plus reasonable attorney's fees and other costs of collecting
said sums.
- 2 - Res. No. 13-98
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1998.
M A Y O R
ATTEST:
City Clerk
- 3 - Res. No. 13-98
CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
TO: Ethel M. ?tttaan estate
c/o ~.eo t(. uenn:l.s
ADDRESS: 6300 SW 59th Place ' Miami, F1 3514~
PROPERLY: 18-24 N-~ 6th Avenue, Delray Beach, F1 33444
LEGAL DESCRIPTION: N100' of El30' of S1/2 of Block 12, Towa of
Delray according t:o Plat: Book 1, Page 3 of the o[~1ctal records o~
You, as the record owner, of, or holder of an interest in, the above described property
are hereby advised that a cost of $191.10 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 1-21-98 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 requ. ired 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.
- & - Res. No. 13-98
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above described property on
11-4-97 at a cost of $191.10 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. 13-98
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MhAIAGER~/P~
SUBJECT: AGENDA ITEM # ~ '/<' - MEETING OF FEBRUARY 17, 1998
RESOLUTION NO. 14-98
DATE: FEBRUARY 13, 1998
This is a resolution assessing costs for abatement action
required to remove nuisances on 26 property located throughout
the City. The resolution sets forth the actual costs incurred
and provides the mechanism to attach liens on these properties in
the event the assessments remain unpaid.
Recommend approval of Resolution No. 14-98 assessing costs for
abating nuisances on 26 properties within the City.
RESOLUTION NO. 1~98
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 ASSESS-
MENTS.
WHEREAS, the City Manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the exis-
tence of a nuisance upon certain lots or parcels of land, described in
the list attached hereto and made a part hereof, for violation of the
provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the
Code of Ordinances of the City of Delray Beach, the City Manager or his
designated representative has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did furnish the respective
owner(s) of the land(s) described in the attached list with written
notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22
of the Code of Ordinances describing the nature of the nuisance(s) and
se~t 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 pertain-
ing to seawalls) they must abate said nuisance, or file a written
request for a hearing to review the decision that a nuisance existed
within ten (10) days from the date of said notice, failing which the
City of Delray Beach would proceed to correct this condition by abating
such nuisance, and that the cost thereof would be levied as an assess-
ment against said property; and,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to abate the
nuisance(s) existing upon their respective lands or to properly request
a hearing pursuant to Section 100.21 and 100.22 within the time limits
prescribed in said notice and Chapter 100 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said prop-
erty owner(s) failed and/or neglected to abate such nuisance(s) within
the time designated at the hearing wherein a decision was rendered
adverse to the property owner(s); and,
W~EREAS, the City of Delray Beach, through the City Administra-
tion or such agents or contractors hired by the City Administration was
therefore required to and did enter upon the land(s) described in the
list attached and made a part hereof and incurred costs in abating the
subject nuisance(s) existing thereon as described in the notice; and,
Wq{EREAS, 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 fore-
closures are under state law.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray 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
- 2 - Res. No. 14-98
accrue at the rate of 8% per annum, plus reasonable attorney's fees and
other costs of collecting said sums. A Notice of Lien shall be mailed,
along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of
eight (8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
$~ction 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of Palm
Beach County, Florida, and upon the date and time of recording of the
certified copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 8%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1998.
MAYOR
ATTEST:
City Clerk
- 3 - Res. No. 14-98
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
TOWN OF DELRAY, LT 3, ROBERT G. ALLEN & $ 51.00
BLK 47, PB 1, P 3, PATRICIA ALLEN 70.00 (ADM. FEE)
PUBLIC RECORDS, PALM 206 SW 2ND AVENUE
BEACH COUNTY OF FL DELRAY BEACH, FL 33444
(206 SW 2ND AVENUE)
TOWN OF DELRAY, ATUNE ENTERPRISES, INC. $ 61.00
S 75 FT OF W 135.6 FT 3477 JUPITER BLVD. 70.00 (ADM. FEE)
BLK 39, PB 1, P 3, PALM BAY, FL 32909-4102
PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(315 SW 3RD STREET)
TOWN OF DELRAY, GRACE BARNETT $ 51.00
LT 23, BLK 23, PB 10, 1401 39TH STREET 70.00 (ADM. FEE)
P 69 OF PUBLIC RECORDS WEST PALM BEACH, FL 33407
OF PALM BEACH COUNTY, FL
(509 SW 3RD STREET)
WOODV~JE, LOT 1, PB 37, GARY S GOLDSTEIN & $ 25.00
P 19, PUBLIC RECORDS BARBARA GOLDSTEIN 70.00 (ADM. FEE)
OF PALM BEACH, COUNTY, FL 10243 BOCA SPRINGS DR.
(GREENBRIER DRIVE) BOCA RATON, FL 33428
ODMANNS SUB, LT 18, EMANUEL HARRISON & $ 51.00
BLK 4, PB 4, P 53, LUCILLE HARRISON 70.00 (ADM. FEE)
PUBLIC RECORDS OF 321 ROSS DRIVE
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33445
(40 SW 13TH AVENUE)
ATLANTIC PARK GARDENS, J. D. MONROE $ 82.00
DELRAY, LT 19, BLK 2, 32 EARLE STREET 70.00 (ADM. FEE)
PB 14, P 56, PUBLIC HARTFORD, CT 06120-1714
RECORDS OF PALM BEACH
COUNTY, FL
(39 SW 13TH AVENUE)
ATLANTIC PARK GARDENS, DAISY M. RAY $ 51.00
DELRAY, LT 13, BLK 2, P. O. BOX 74 70.00 (ADM. FEE)
PB 14, P 56, PUBLIC LENOX, GA 31637-0074
RECORDS OF PALM BEACH
COUNTY, FL
(17 SW 13TH AVENUE)
4 RES. NO. 14-98
TOWN OF DELRAY, S 40 FT DELORES RIGGINS $ 51.00
OF N 256 FT OF E 135 FT A/K/A DELORES QUINCE 70.00 (ADM. FEE)
OF BLK 31, PB 1, P 3, 6395 SEMINOLE CIRCLE
PUBLIC RECORDS OF LANTANA, FL 33462-2295
PALM BEACH COUNTY, FL
(220 SW 4th AVENUE)
BELLEVIEW MANOR, E 12 FT DARRELL J. STUBBS $256.00
OF LT 4, & LT 5, BLK 4, 202 SW 8TH COURT 70.00 (ADM. FEE)
PB 24, P 54, PUBLIC DELRAY BEACH, FL 33444
RECORDS OF PALM BEACH
COUNTY, FL
(202 SW 8TH COURT)
NICHOLS 2ND ADD TO MOLLIE K. BOWLES $ 51.00
DELRAY BEACH, LT 14, c/o STEVE HINE, ESQ. 70.00 (ADM. FEE)
PB 21, P 70, PUBLIC 8350 NW 52ND TERRACE
RECORDS OF PALM MIAMI, FL 33166
BEACH COUNTY, FL
(304 SW 7TH STREET)
TROPIC ISLE 3RD SECTION BENNO M. FALTERBAUER TR. $ 45.00
LT 361, PB 25, P 37, 580 N.E. SILVER LANE 70.00 (ADM. FEE)
PUBLIC RECORDS OF BOCA RATON, FL 33432
PALM BEACH COUNTY, FL
(HYACINTH DRIVE)
RIDGEWOOD HEIGHTS TONY PARRISH $ 41.00
DELRAY, LT 24, BLK C, 273 W. HILLSBORO BLVD. 70.00 (ADM. FEE)
PB 14, P 44, PUBLIC DEERFIELD BEACH, FL 33441
RECORDS OF PALM
BEACH COUNTY, FL
(1102 SW 7TH AVENUE)
FALTERBAUER PROPERTY SILK GARDEN OUTLET INC. $ 35.00
TR. B, PB 68, P 55, 2829 SO. DIXIE HWY 70.00 (ADM. FEE)
PB 68, P 55, PUBLIC DELRAY BEACH, FL 33483
RECORDS OF PALM BEACH
COUNTY, FL
(2829 SO. DIXIE HWY)
SUNSET PARK DELRAY, TOMASA CRUZ $ 51.00
LT 54, PB 12, P 65, 409 NW 7TH COURT 70.00 (ADM. FEE)
PUBLIC RECORDS OF BOYNTON BEACH, FL 33426
PALM BEACH COUNTY, FL
(MANGO DRIVE)
SUNSET PARK DELRAY TOMASA CRUZ $ 51.00
LT 55, P 12, P 65, 409 NW 7TH COURT 70.00 (ADM. FEE)
PUBLIC RECORDS OF BOYNTON BEACH, FL 33426
PALM BEACH COUNTY, FL
(MANGO DRIVE)
OSCEOLA PARK, LT 16, RAPHAEL BLANC $ 59.00
BLK 6, PB 3, P 2, 122 SE 5TH STREET 70.00 (ADM. FEE)
PUBLIC RECORDS OF DELRAY BEACH, FL 33483
PALM BEACH COUNTY, FL
(122 SE 5TH STREET)
5 RES. NO. 14-98
TOWN OF DELRAY, FRANCINE CLINTON $ 41.00
S 50 FT OF N 250 FT c/o CURTIS CLINTON 70.00 (ADM. FEE)
OF W 135 FT OF BLK 24, 5025 ASHLEY LAKE PARK
PB 1, P 3, PUBLIC APT. 213
RECORDS OF PALM BEACH BOYNTON BEACH, FL 33436
COUNTY, FL
(317 SW 6TH AVENUE)
SUB OF SEC 20-46-43 RICHARD CRITCHFIELD, TR $ 77.00
OF 201.87 FT OF NE 1/4 c/o OCEAN PROPERTIES, LTD. 70.00 (ADM. FEE)
OF LT 8, (LESS E 25 FT 1100 LINTON BLVD.
RD R/W), PB 1, P 4, DELRAY BEACH, FL 33444
PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(SW 4TH AVENUE)
HIGHLAND PARK DELRAY, HARVEY KING $ 85.00
LTS 13 & 14, BLK 113, 302 NE 7TH AVENUE 70.00 kDM. FEE)
PB 2, P 79, PUBLIC DELRAY BEACH, FL 33483
RECORDS OF PALM BEACH
COUNTY, FL
(302 NE 7TH AVENUE)
TOWN OF DELRAY, CONRAD D. MIKULEC & $ 51.00
LT 26, BLK 81, PB 11, PATRICIA MIKULEC 70.00 ADM. FEE)
PUBLIC RECORDS OF 2552 SO. FEDERAL HWY #10
PALM BEACH COUNTY, FL BOYNTON BEACH, FL 33435
(382 NE 3RD AVENUE)
SOUTHRIDGE, LTS 14 TO MANUEL MOREDA & $ 50.25
16 INC., BLK 1, PB 13, ESTERVINA MOREDA 70.00 (ADM. FEE)
P 38, PUBLIC RECORDS 3524 CHATELAINE BLVD.
OF PALM BEACH COUNTY, FL DELRAY BEACH, FL 33445
(REIGLE AVENUE)
SOUTHRIDGE, LTS 17 TO MANUEL MOREDA & $ 59.00
20, INC., BLK 1, PB 13, ESTERVINA MOREDA 70.00 ADM. FEE)
P 38, PUBLIC RECORDS OF 3524 CHATELAINE BLVD.
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33445
(REIGLE AVENUE)
OSCEOLA PARK, LT 36, GUENTHER PENNER $ 40.00
BLK 10, PB 3, P 2, TRIXANNA P. PENNER 70.00 (ADM. FEE)
PUBLIC RECORDS OF 500 POND ROAD
PALM BEACH COUNTY, FL SPRUCE PINE, NE 28777
(901 SE 2ND AVENUE)
TOWN OF DELRAY, MARIE QUINCE $ 51.00
W 55 FT OF LTS 11 & 12, 506 SW 14TH AVENUE 70.00 (ADM. FEE)
BLK 23, PB 10, P 69, DELRAY BEACH, FL 33444
PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(SW 3RD STREET)
6 RES. NO. 14-98
RESUB OF BLK 29, CHARLIE TERRY $177.00
DELRAY BCH, LTS 28 & 39 SW 9TH AVENUE # 3 70.00 (ADM. FEE)
29, BLK 29, PB 9, DELRAY BEACH, FL 33444
P 66, PUBLIC RECORDS
OF PALM BEACH COUNTY, FL
(95 SW 5TH AVENUE)
HALLER & GROOTMANS SUB, RANDALL A. WALKER $ 41.00
LT 31, PB 5, P 4, 11334 172ND PLACE NO. 70.00 (ADM. FEE)
PUBLIC RECORDS OF JUPITER, FL 33478
PALM BEACH COUNTY, FL
(414 NE 7TH AVENUE)
VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED
NUISANCE.
7 RES. NO. 14-98
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~'~'
SUBJECT: AGENDA ITEM # ~'L_ REGULAR MEETING OF FEBRUARY 17, 1998
REALLOCATION OF FY 1996 ANTI-DRUG ABUSE ACT GRANT FUNDS
DATE: FEBRUARY 13, 1998
This is before the Commission to approve the reallocation of FY
1996 Anti-Drug Abuse Act Grant funds in the amount of $165,194.00.
These funds were approved for allocation to the Palm Beach County
Juvenile Assessment Center for FY 1996. However, the Juvenile
Assessment Center is still not open and the funds must be expended
by September 30, 1998. The Criminal Justice Commission recommends
the funds be reallocated as follows:
Palm Beach County Sheriff's Office
Multi-Agency Narcotic Task Force $ 25,541
(MAN Unit)
Palm Beach County Sheriff's Office
Multi-Agency Gang Task Force 20,287
Palm Beach County Sheriff's Office
Countywide Truancy Interdiction Program 112,500
Criminal Justice Commission
Drug Control Administration 6,866
$165,194
The Florida Department of Community Affairs requires that 51
percent of the local units of government representing 51% of the
county's population agree on the reallocation.
The proposed reallocation of the FY 1996 grant funds has been
reviewed by Chief Overman who does not have a problem with the
recommended distribution.
Recommend approval of the reallocation of FY 1996 Anti-Drug Abuse
Act Grant funds, and authorize sending the attached letter
agreeing to same.
ref:agmemol2
February 11, 1998
To all Palm Beach COunty Mayors:
The Criminal Justice Commission serving as the Substance Abuse
Advisory Board seeks your approval in the reallocation of FY96 Anti
Drug Abuse Act Grant (Edward Byrne) Funds. $165,194.00 were
approved for allocation to the Palm Beach County Juvenile
c~i,~.,,l Justice co~.~.~.io. Assessment Center in FY96. These funds were continued to FY98.
~o~ N Oli¥~ ^.e,~u~, sui~ ~oo~ However, the Juvenile Assessment Center is still not open and the
West PalmBeach, FL 33401-4705 funds must be expended within the allowable purpose areas by
(561)355-4943 September 30, 1998. Therefore, the Cdminal Justice Commission
Suncom: 273-4943 recommends that the funds by reallocated as follows:
Fax: (561) 355-4941
dcunning@co.palm-beach.fl.us SUBGRANTEE TITLE OF PROJECT FEDERAL
DOLLAR
AMOUNT
· Palm Beach County Multi Agency Narcotic Task
Sheriffs Office Force (MAN) Unit $ 25,541
Randolph K Johnson, Chairman Palm Beach County
Sheriff's Office Multi Agency Gang Task Force $ 20,287
Roy H. Davidson, Vice Chairman
Palm Beach County Countywide Truancy
Priscilla Taylor, Secretary Sheriffs Office Interdiction Program $112,500
Richard G. Lubin, Treasurer Criminal Justice
Commission Drug Control Administration $ 6,866
Executive Director The Florida Department of Community Affairs requires that 51% the
L. DianaCunningham local units of government representing 51% of the County's
population agree on the allocation of these funds. If you approve the
allocation as set forth above, please prepare a letter stating your
approval. A sample letter has been provided for your use. Due to
the application deadline, this letter must be received at the Criminal
Justice Commission offices immediately.
PLEASE SEND LETTER TO:
CRIMINAL JUSTICE COMMISSION
301 N. OLIVE AVENUE, SUITE 1001
ATT: BARBARA M. MADDEN
WEST PALM BEACH, FL 33401-470,5
If you would like an explanation of these programs or have any
questions, please contact Diana Cunningham at 355-4943. Your
immediate attention to this matter is greatly appreciated.
Si~erely,
Affirmative Act~'o n Employer"
Randy K. John~n, Sr.
Ghairman
~ printed on recycled paper bmm/RKJ/Byrngrt
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407~243-7000
AIl-~rimC~
~. Cla~on Wilder Feb~ 12, 1998
B~eau of Co~~ Assismce
Dep~ent of Co~~ Affa~
2555 Shm~d O~ Boulev~d
T~l~see, Florida 32399-2100
De~ ~. Wilder:
In compliance with the State of Florida Rule Chapter 9G-16.003(4)(d), the City of Delray
Beach approves the reallocation and distribution of $165,194.00 of the State Fiscal Year
1996 Federally Funded Drag Control and System Improvement (DCSI) Formula Grant
Program (aka the Edward Byme Memorial State and Local Assistance Program or the
Anti-Drag Abuse Act Grant) funds for the following projects within Palm Beach County.
SUBGRANTEE TITLE OF PROJECT DOLLAR AMOUNT
Palm Beach County Multi Agency Narcotic
Sheriff's Office Task Force (MAN) Unit $ 25,541
Palm Beach County Multi Agency Gang Task
Sheriffs Office Force $ 20,287
Palm Beach County Countywide Truancy
Sheriff' s Office Interdiction Program $112,500
Criminal Justice Drag control
Commission Administration $ 6,866
I understand that each of these programs will be required to provide their own twenty-five
percent (25%) cash match.
Sincerely,
Jay Alperin, D.D.S.
Mayor, City of Delray Beach
U:RANGEL/Wilfler1.1~'
THE EFFORT ALWAYS MATTERS
Printed ~ Recycled Pal)er
10:07 FAX 561 243 3774 CITY CLERK ~001
*** TX REPORT ***
TRANSMISSION OK
TX/RX NO 1586
CONNECTION TEL 92437816
CONNECTION ID DELRAY BEACH P0L
ST. TIME 02/13 10:06
USAGE T 01'30
PGS. SENT 2
RESULT OK
CITY CLERK ,oo~.w.,,~vEN~[ . ~~,~o~,~.~ (s~ ~.~o~o
FAX COVER SHEET ~ FAX NUMBER (561) 243-3774
· o~ ~o. ~s ~
TO: N~E: '
COMPANY:
CITY:
FROM: CITY OF DEL~Y BEACH
CITY CLERK' S OFFICE ~~
N~E OF SENDER: .
~SSAGE:
PLEASE USE YOUR OWN LETTERHEAD
AND SEND ORIGINAL TO BARBARA
MADDEN SO THAT ORIGINAL MA Y BE
MAILED TO THE DEPARTMENT OF
COMMUNITY AFFAIRS
(DA TE)
Mr. Clayton Wilder
Bureau of Community Assistance
Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
Dear Mr. Wilder:
In compliance with the State of Florida Rule Chapter 9G-f6.003(4)(d), the City
of approves the reallocation and distribution of. $165,194.00
of the State Fiscal Year 1996 Federally Funded Drug Control and System
taVement ~,CSI)Fo~~ Grant I~a~rl~l~ ~ Byrne~
and Loj~l~l~ssistanc 3gram~Cl'~r~e ArC~Dru~bus~Act Grant)ftds fo
~ followi~is withi mB oun
S'~G NTEE ~1~ 7 ~c~C°u'n~~F /
AMOUNT
Palm Beach County Multi Agency Narcotic Task
Sheriff's Office Force (MAN) Unit $ 25,541
Palm Beach CoUnty ' '
Sheriff's Office Multi Agency Gang Task $ 20,287
Force
palm Beach County Countywide Truancy
Sheriff's Office Interdiction Program $112,500
~S~'iminal Justice
Commission Drug Control Administration $ 6,866
I understand that each of these programs will be required to provide their own
25% cash match.
Sincerely,
Mayor of ( CITY )
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM #~- REGULAR MEETING OF FEBRUARY 17, 1998
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: FEBRUARY 13, 1998
Attached is the Report of Appealable Land Use Items for the
period February 2nd through February 13, 1998. It informs the
Commission of the various land use actions taken by the
designated boards which may be appealed by the City Commission.
Included in the backup material is a statement provided by Mr.
Richard Eckerle on behalf of Progressive Residents of Delray
(P.R.O.D.) expressing concern about the action taken by the Site
Plan Review and Appearance Board with respect to the plans for a
private elementary school at the St. Mary's the Virgin Anglican
Church site. Basically, the concern is with additional traffic
congestion as a result of the school, the need for a traffic
study and the potential need for turn lane improvements on
Homewood Boulevard.
If, after review, a member of the Commission wishes to appeal
this item, it will be scheduled for consideration at the March
3rd regular meeting.
Recommend Commission receive and file the report as appropriate.
ref:apagmemo
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DIANE DOMING[JEZ, DIRE~CT---'~~
DEPARTMENT OF PLANNING AND ZONING
FROM: /JASMIN ALLEN, PLANNEh[
SUBJECT: MEETING OF FEBRUARY 17, 1998 * CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS
FEBRUARY 2, 1998 THRU FEBRUARY 13, 1998
The action requested of the City Commission is that of review of appealable actions
which were made by various Boards during the period of February 2, 1998 through
February 13, 1998.
This is the method of informing the City Commission of 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 City 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.
City Commission Documentation
Appealable Items Meeting of February 17, 1998
Page 2
No meeting of the Planning and Zoning Board was held during this period.
A. Approved on a 7 to 0 vote, a free standing sign for Arch
Communications, located at the northwest corner of SW 4th Avenue and
Linton Boulevard.
B. Approved (7 to 0), the architectural elevations associated with the
addition of an awning at Craige's Furniture, located at the northeast
corner of East Atlantic Avenue and NE 1st Avenue.
C. Approved with conditions (6 to 0, Carter stepped down), the site plan and
building elevations associated with the establishment of a private
elementary school (pre-kindergarten - 8th grade) at St Mary's the Virgin
Anglican School, located at the southeast corner of West Atlantic
Avenue and Homewood Boulevard. The site improvements involve the
construction of a two-story 11,524 sq. ft. building with a 4,976 sq. ft.
playground area, relocation of parking and associated landscaping. The
landscape plan is to be considered by the Board at a later date.
1. Approved on a 4 to 0 vote (Farrington, Diggans and Damiano absent),
the request for a Certificate of Appropriateness to allow a front yard
picket fence associated with the conversion of a single family residence
to commercial use at 23 South Swinton Avenue.
No other appealable items were considered by the Board. The following item
which was considered by the Board will be forwarded to the City Commission for
final approval.
· Recommended approval on a 4 to 0 vote the designation of the Price
House to the Local Register of Historic Places.
By motion, receive and file this report.
Attachment: Location Map
LOCATION MAP FOR
CITY COMMISSION MEETING
OF FEBRUARY 17, 1998
L-30 CANAL
LAKE IDA ROAD
[- N,W. 2ND
I
S.W. 2ND
LOWSON BOULEVARD
LINTON BOULEVARD
BOULEVARD
r' ....
!
!
i
?
L-38 CANAL C-15 CANAL
c,m UM,TS ........... S.P.R.A.B.: H.P.B.:
A. - ARCH COMMUNICATIONS 1, - 25 S. SWINTON AVENUE
B. - CRAIGE'S FURNITURE
I MILE I C. - ST. MARY'S THE VIRGIN ANGLICAN
I
I
CHURCH SCHOOL
SCALE
CITY OF DELRAY BEACH, FL
PLANNINC & ZONING DEPARTMENT
-- O/G/I'A/. 8,4ER' MAP SYSIEM --
February 5, 1997
HOW LONG IS A LINE OF 150 CARS IN TRAFFIC?
Answer - From Homewood Blvd. and Atlantic Ave. almost to Military Trail. It is over 3,000
feet and on Homewood Blvd., it would go almost to Linton Blvd.
How long would it take this line to make a left or fight turn into a single lane private
driveway in busy traffic?
How long does it take a car with children and a parent to negotiate a mm into a single
lane driveway?
If school starts at 8:30 AM, each parent is going to try to get there at the same time! So, we
have 150 cars L-,3dng to access this driveway fi.om 8:15 to 8:25 AM! THIS IS PEAK
MORNING TRAFFIC HOUR.
Delray Beach Site Han Review Board has disregarded a complaint that a traffic hazard and
a traffic jam will occur at peak morning traffic hours between 8:00 and 8:30 by allowing the
building of a private elementary school on the comer of Homewood Blvd. and Atlantic
Avenue in Delray Beach. Residents are concerned with safety.
The single lane driveway entrance to this school would be less than 300 feet fi.om the busy
intersection and would allow both left and right tums fi.om the single lane Homewood Blvd.
This driveway is now blocked with the traffic back-up fi.om the traffic light for the
intersection in peak hours.
Residents of the adjoining developments and the Progressive Residents of Dekay
Association, representing over 5,000 residents in Delray Beach homeowners associations,
are very disappointed at the decision of the Site Board to disregard their complaint and are
asking the above questions since Homewood Blvd. intersection is already ve. ry accident
prone.
P.R.O.D. are requesting that a right mm lane on this east side of Homewood be installed to
help move lraffic through the intersection and give right mm access for the private driveway.
This was the recommendation of the Ci_ty Engineering staff for the original construction of
St. Mary's Church which is the present owner of the site seeking the approval of an
associated school. At the time a waiver was granted for this street improvements. This
improvement was again proposed during the widening of Atlantic Ave. and not acted upon
then. Why is the Board refusing this?
2/
The residents are not opposed to the location of a private elementary school as long as the
traffic and congestive conditions are treated at the same time. The architecture appears to
be compatible with the surrounding neighborhoods, the residents feel that the Board is being
hasty in giving an approval without seeing and considering the merits of an actual traffic
stuay.
P.R.O.D. also drew attention to the fact that there is additional traffic from 500 residential
units within 1500 feet of this intersection that are nowapproved and under construction.
They feel that a certain amount of the anticipated 750 cars will use Homewood Blvd. This
traffic has not yet had its impact on this comer for any traffic count to register. Therefore,
unless a specific traffic study of on-site hourly traffic is done, the general roadway
capabilities indicated by traffic departments from tables are not realistic and should not be
allowed to influence the decision of the Board. Does it take a loss of life before action is
taken?
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~/I
SUBJECT: AGENDA ITEM #~.N'- REGULAR MEETING OF FEBRUARY 17, 1998
AWARD OF BIDS AND CONTRACTS
DATE: FEBRUARY 13, 1998
This is before the City Commission to approve the award of the
following bids and contracts:
1. Bid award in the amount of $21,527.00 to Marine Engineering
Contractors, Inc. for the filter deck tile replacement at
the Water Treatment Plant, with funding from
441-5143-536-46.10 (Water Maintenance - Building
Maintenance).
2. Contract award in the amount of $178,855.00 with
Metron-Farnier, via City of West Palm Beach contract, for
the replacement of 60 large water meters, including all
labor and materials, to complete the Large Meter Replacement
Program; with funding from 442-5178-536-61.81 (Water & Sewer
Renewal and Replacement - Large Meter Replacement Program).
3. Grant awards through the State Housing Initiatives
Partnership (SHIP) program for housing rehabilitation of two
owner-occupied units as follows: $17,988.96 to Dakota
Construction, Inc. for 820 S.W. 4th Avenue, and $22,291.50
to A.F. Dozer, Inc. for 502 S.W. 7th Avenue; with funding
from 118-1924-554-49.19 (SHIP Program Housing
Rehabilitation).
Recommend approval of the bid and contract awards listed above.
ref:agmemo8
Agenda Item No.: f~ /
AGENDA REQUEST
Date: February 11. 1998
Request to be placed on:
Consent
XX R~a~ Agenda Special Agenda Workshop Agenda
When~ ~hr,,~ry ]7: ]Q98
Description of agenda item (who, what, where, how much):
Bid Award - Bid #98-0! - Water Treatment Plant Filter Deck Tile Replacement.
Award to low. responsive bidder, Marine EnKineerinK Contractors Inc. for a total
., cost of $21~527.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to Marine EngineerinE Contractors Inc. for the filter
deck tile replacemant at the Water Treatment Plant at a total cost of $21,527.
Fundinm from account code 441-5143-536-46.10
Pricing per bid #98-01.
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available~ NO
Funding alternatives:~ (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda:Hold Until: ~/ NO
Agenda Coordinator Review:
Received~
Action: Approved/Disapproved
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Jacklyn R~hasing Supervisor ~
THROUGH: Joseph Sa~ance Director
DATE: February 11, 1998
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING
FEBRUARY 17, 1998, BID AWARD - BID #98-01
WATER TREATMENT PLANT FILTER DECK TILE REPLACEMENT
Item Before Commission:
The City Commission is requested to award to low responsive bidder, Marine
Engineering Contractors Inc., for the filter deck tile replacement at the
Water Treatment Plant for a total cost of $21,527.
Background:
The Water/Sewer Network has a requirement to replace the filter deck at the
Water Treatment Plant. Bids were received on January 08, 1998, from four
(4) vendors all in accordance with City purchasing procedures. (Bid #98-01
on file in the Purchasing Office.) A tabulation of bids is attached for
your review.
The Manager of the Water Treatment Plant recommends award to Marine
Engineering Contractors Inc. See attached memo dated January 30, 1998.
Recommendation:
Staff recommends award to Marine Engineering Contractors Inc. at a total
cost of $21,527. Funding from account code 441-5143-536-46.10.
Attachments:
Memo Dated January 30, 1998, Manager Water Treatment Plant
Tabulation of Bids
cc: Richard Hasko, Director Of Environmental Services
Don Haley, Manager Water Treatment Plant
MEMORANDUM
To: Jackie Rooney, Buyer ./
From: Don Haley, Manager of Water Treatment Plant
SUB: BID #98-01 TILE REPLACEMENT
Date: January 30, 1998
Please award this tile replacement project to Marine Engineering, who was the low
bidder.
I have agreed with them to accept 8" X 8" tile that meets the specifications of Americraft
II AC200 Bone. Marine Engineering has been a successful low bidder in the past in other
projects and have proven themselves to be very professional.
If you have any questions, please contact me at Extension 7318.
DH:dk
cc: l(ichard C. Hasko, P.E., Director Env. Services
Howard Wight, Construction Manager
File: tilerep.doc
CITY OF DELRAY BEACH
TABULATION OF BIDS
BID #98-01
WATER TREATMENT PLANT FILTER
DECK TILE REPLACEMENT
Ji~%~UARY 08, 1998
MARINE FIRST METRO LUCIANO DAKOTA
VENDOR: ENGINEERING BUILDERS INC LOPARDO INC CONSTRUCTION
TOTAL LUMP SUM
JOB AREA #1
1442 SQ. FT. $ 13,699.00 $ 13,903.00 $ 15,534.31 $ 18,737.00
TOTAL LUMP SUM
JOB AREA #2
824 SQ. FT. $ 7,828.00 $ 7,957.00 $ 8,876.74 $ 11,691.00
GRAND TOTAL
BID PRICE
AREA 1 & 2 $ 21,527.00 $ 21,860.00 $ 24,411.05 $ 30,428.00
MANUFACTURER AMERICRAFT QUARRY TILE AS PER TO BE
BRAND NAME / II FLORIDA TILE SPECS DISCUSSED
5UJMBER BUCKSIN #77105
COMPLETION
IN CALENDAR 90 CALENDAR 30 CALENDAR 45-60
DAYS AFTER DATE DAYS DAYS CALENDAR
OF AWARD DAYS
MANUFACTURER'S WARRANTIED LIMITED 5-10
WARRANTY AGAINST MFH'S WARRANTY YEARS
DEFECTS *
COMMENTS/ AVAILABILITY * TO THE
EXCEPTIONS OF AC200 BONE EVENT THAT
NOT AVAILABLE MANUFACTURER
FOR 12 MONTHS TILE MEET OR
OUR PROPOSAL EXCEED ANSI A
IS BASED ON A 137.1
DIFFERENT SPECIFICA-
COLOR FROM TIONS
AMERICRAFT.
TILE WILL BE
SUBMITTED
FOR OWNER'S
APPROVAL
Agenda Item No. ~7 ~]
AGENDA REQUEST
Date: 2/10/98
Request to be placed on:
Workshop Agenda When: 2/17/98
XX Regular Agenda
Special Agenda
Description of item (who, what, where, how much): Staff requests Commission approval of a contract with
Metron-Farnier in the amount of $178,855.00 for the replacement of 60 large water meters. Prices are
based on piggybacking a City of West Palm Beach contract and includes all labor and materials to
complete the Large Meter Replacement Program. Funding is from R&R Account #442-5178-536-61.81,
Water Meter Replacement Program.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of~ontract from Metron-/~er.
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on)ll it_L~ involving expenditure of funds): Funding available(~O x~_~jp }~ ~
Funding alternatives (if applicable)
Account No. & Description t~%2.--~ (-~ ~~ ~ ~, ~ {
Account Balance ~~ ~ ~' o~~
City Manager Review: Approved for agenda:~ES~O
Hold Until: ~ ~/-/
Agenda Coordinator Review: Received:
Placed on Agenda:
Action:
Approved/Disapproved
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Richard C. Hasko, P.E., ESD Director .~ ~'~
SUBJECT: LARGE METER REPLACEMENT PROGRAM
DATE: February 10, 1998
Attached is a proposal from Metron-Farnier in the total amount of $178,855.00, predicated on their current
contract with the City of West Palm Beach, for provision and installation of sixty (60) large meters in the City's
water system ranging in size from 3" to 8". This is the second and final phase of our Large Water Meter
Replacement Program which is designed to replace master meter installations with higher accuracy single jet
meters.
Performance tracking of metered flows over similar time periods comparing pre and post meter replacement
flows was performed for the fifty-two accounts affected subsequent to completing Phase I of the project. Results
of the monitoring indicate an increase in measured flows in excess of 20%.
Funding for this contract is available in R&R Account 442-5178-536-61.81, Water Meter Replacement Program.
Please place this item on the February 17, agenda for consideration by the City Commission.
RCH:cl
cc: Joseph Safford
Howard Wight
Michael Offie
Barbara Schooler
File
5661 Airport Blvd., Suite B Boulder, CO 80301
September 14, 1997
City of Delray Beach, Florida
434 S. Swinton Ave.
Delray Beach, Florida 33~.~
Attention: Mike Offie
Reference: Large Meter Replacement Project
Dear Mike,
Please find attached pertinent documentation for the completion of your
large meter replacement project. I have included a proposal that lists the
unit pricing for each requested meter size as well as unit pricing for each
installation (by size). Additionally enclosed are two certified bid contracts
that can be 'piggybacked' by your City. The most recent contract is with
the City of West Palm Beach, Florida, the second contract is from
Melbourne, Florida and is the one used by your City last year. They
extended the contract for one more year and is still valid.
We are looking forward to moving forward with the completion of your
project. If you require any additional information or assistance please give
me a call.
Very Truly,
Ted Worth, Regional Manager
Metron-Farnier, L.L.C.
Phone: (303) 449-8833 Fax: (303) 449-1464
To:. aty o~ Oelr~ B~cl% FL
PhOfl~ ~41-243-7312 FAX~ ~l-~&l-70eO
I~:~ ~GrrYUBWCKFTKal UfiTPWJ~ Tm'AL, I
Lay ,.m~: 15.7S"
3 2 Spectrum 440. 6 im~ alngle~.meter 13.13~.00 ~,2"/0.00
Renge: 1-~0 g~m
4 e Endure 2.400, 8 inch Meter Sd.,3~S.O0 12e,37O.OO
3"= $O80/site x 43 -
4"= ~,SSO/lite x 0 '
0"= $14SO/lb X 2 ·
r'= $'lS~/site x O · $11,100
Totll Profed Colt
VVwnmty: 6 end '1~ ~ metro* Ind regillm'
CITY OF WEST PALM BEACH, FLORIDA
SEALED BID # 96/97-35
RECEIV£O
S EP 0 5 1997
W. RB. UTILITIES
F. NOINEERING
PROJECT #97-075U
PURCHASE AND INSTALI,ATION
OF
3" AND LARGER WATER METERS
CITY OF WEST PALM BEACH
PUBLIC UTILITIES DEPARTMENT
DEAN S. LAUDERMILK, PROJECT MANAGER
1045A CHARLOTTE AVENUE
WEST PALM BEACH, FL 33401
(561) 659-8088
CITY OF WEST PALM BEACH, FLORIDA
PURCHASE AND II~TALLATION OF
~" AND LARGER WATER METERS
PROJECT # 9'/'-0'/5U
SCHEDULE OF BID ITEMS
All bid items shall include ocmts for fumbhing to the City all m~mlMs, equipment, supplies, end all costs
incurred in providing for the replacement of all 3" and I~rger meters. AJI materiels shall meet the City standards
as outlined in the contract specifications.
ITEM UNIT TOTAL
NO. DESCRIPTION QUANTITY UNIT CO~T COST
1 3" Meter, purchase only 3 EA. $1,350.00 $4,050.00
2 4' Meter, pu.mhase only 3 EA. $2,085.00 $6,255.00
3 6" Meter, purchase o~ly I EA. $3,135.00 $3,135.00
4 3" Meter assembly, installed 134 EA. $2,728.50 $365,619.00
5 4" Meter assembly, installed 141 EA. $3,826.50 $539,536.50
6 6" Meter assembly, installed 35 F./L $5,665.26 $198,284.10
7 Deductive price for salvage 15.88 TON $1,000.00 ($15,880.00)
of all water meters
(See Attachment 4: Worlmheel)
TOTAL BASE BID $1,100,999.60
(/tem~ f thru 7')
* The OWNER resewes the right to deduct 25% +1- from the bid at the unit cost $~a{ed herein.
NOTE: No bids will be accepted which in the opinion of the Engineer, appear to be unbalanced.
P - 5 Sched. 3" Meters
AGREEMENT
TI~i~ Agreement, made and entered intc this ~..~_?c~ay of ..~Jr, 1997, by and between the
City of W~t Palm Beach, Florida, a municipal corporation In the State of Ftodda, party of
the first part, hereinafter called the Owr~er, and MET_RON.FARNIER. L. L. C., party of the
second part, hereinafter called the Contractor, and duly authorized to do business in the
State of Florida and the City of West Palm Beach, Florida.
WITNESSETH, that the Contractor' and the. Owner, for the consideration hereinafter
namecl, agree as follows: 60;
Article I - SCOPE OF TIlE WORK
The Cc)nb'actor hereby agrees to ft~'nish all the materials, .equipment, and labor necessary
to perform in a good firm, substantial, workmanlike manner, in accordance with
Contractors Proposal. all the work shown on the plans and described in the specifications
for the project entitled:
CITY OF WEST PALM BEACH, FLORIDA.
SEALED BID # 96/97-35
PURCHASE AND INSTALLATION
OF
3" AND LARGER WATER METERS
For completion of all work set forth in the contract documents, which are Invitation to Bid,
Instruction to Bidders, Proposal, Agreement, Performance Bond (if required), Labor and
Materials Bond (If .required), Insurance, Special Conditions, General Conditions, Technical
Specifications. and the Notice of Award, for. the Base Bid total amount of:
ONE MILLION ONE HUNDRED. THOUSAND NINE HUNDRED NINETY-NINE AND 60/100
DOLLARS ( $ Z~I..{~q,~.,.E~ )
to the Con,actor Dy the Owner, all in accordance with the requirements and provisions of
the Contract Documents.
ARTICLE II - ]'IME OF_COMPLETION '
A. '} Agree. 3"Mrt
1~/14/1'99~ 11:4~ 4~/~JSB6]~Y~3 CITY OF MELBOURNE ~'A(~[~ U3 ~'~
CiW of Melbourne
PURCHASE CONTACT (08-160-96)
Commercial Water
~wamd~ate: Se~e~b~r 26, ~996, by City Co~c~
~S CO--CT. cnt~ed ~to tMs ~ day of Septem~r. 1996 , for the period Qcto~ l_
J996 t~ough ~ptem~r 3Q~ 1~_ , by ~d ~twccn ~c City ofMcl~m~e, l:lori~,
referred to as the Ci~; m%d M~ron-F~¢r, L.L.C.. 566~-.~ Bogeyed_ Suite B. Bo~der,
8 L; here~er refe~ed to as the Contractar.
NOW T~FO~, the P~ies do mutually agree t~t:
1. Scope of ~iee: Provide the Ci~ with single jet commemial water metem, in
accordance with Bid Spee~eations, for the price(s) listed below:
Ite~ D~eriptioo
A 8~gle Jet Meters (low ~d mcdim flow rate)
A-I Me~on-F~er, Spec~ 50, I 1/2" Meter $ 492.00
A-2 Me~on-F~der, S~ctm 88, 2" Meter 826.00
A-3 Metron-F~, S~t~ 175, 3" Meter 1,381.00
A-4 Metron-F~, S~m 260, 4" Meter 2.136.00
A-5 Metron-F~er, S~t~ 440, 6" Meter 3,234.00
B S~gle Jet Metem (~ flow ~te)
B-2 Me~on-F~er, End~o 1100, 6" Meter 2,678.00
B-3 Metron-F~er, End~o 2400, 8" Meter 4,545.00
~ prices F.O.B. MelMme, Florida
~ q~ities ~t~ on ~e Bid Fo~ ~c ~ u~g~ for the ~riod provided above
~ shoed not ~ ~~ ~ r~i~ ~m or mm q~ti~ to w~ch Contr~t
prices apply.
2.Peff - P~fo~ce ~der tMs Contract s~ ~ ~ ~cord~ce ~ Con,actor's
ex<uted Pro~, dat~ Aup_u~ 19_ 1996 ' md attac~ts flxereto; CiW I~tmctio~ to
3. ~ pa~ ~ ~ ~e on a montMy ~ upon sub--sion of Mvoice by ~e 25th
of~h m~ ~ dup~te, to the Fmce De~nt (Accomt~). ~e Contractor
~ ~id ~t~ ~y (30) ~end~ ~ya a~er re~ipt of~ ite~d Mvo[~ ~d a~t~ce
of~e ~ by the City.
4. Rm of~: ~ t~xan of~ntmct s~l ~ renewable for two (2) addifio~ twelve
(12) mn~ ~o~, at t~e me mte(s~, by mutM ~eement of~ P~ies, not to exceed
t~ee (3) ~cutivc ye~s.
5. Te~n ~r De~qlt: I~ ~ ~y ~u~, the Contr~tor s~ll ~ to ~lfill ~ a t~ely
mr, ~s ob~ion md~ tMs Co~a~, or ~ tM Con~ctor ~ ~ohte mY of t~. tern
~ coMitio~ oftMs Contmt, the CKy ofMel~me s~ h~ the right to retaliate tMs
Contract' by giving ~tten noti~ by ce~ed letter to the Contr<tor of tach te~tion
spec~g thereof, at le~t ~em (15) ~ys ~fore ~e effe~i< date of such temptation.
6. ~fion for ConvcMc~ '~e ~n~<t ~y ~ m~ed ~ eider Pray, ,~pon skty (60)
days cefl~ ~ttcn notice to the other Pray.
Agenda Item No.' g ~
AGENDA REQUEST
Request to be placed on: Date: February 11, 1998
Regular Agenda
Special Agenda
Workshop Agenda
xxxxx Consent Agenda When: February 17, 1998
Description of item (who, what, where, how much):
CASE# ADDRESS TOTAL SHIP AMOUNT
95-008 SHR 820 SW 4th Avenue $17,988.96
98-001 SHR 502 SW 7th Avenue $22,291.50
(Example: Request from Atlantic High School for $2,000 to funds project graduation).
ORDINANCE / RESOLUTION REQUIED: YES/NO Dra~ Attached: YES/NO
Recommendation: Recommend approval ofaffordable rehabilitatiOn grant award through
the State Housing Initiatives Partnership program (SHIP) account 118-1924-554-49.19.
(Example: Recommend approval with funding from Special Events Account No. 001-
3333-555-44.55)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: YES/NO
Funding Alternatives: .(if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for Agenda: ~0 ~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
MEMORANDUM
TO: Joe Safford, Finance Director
FROM: Michael Simon, Imerim Community Developmem Coordinato~
THRU: Lula Butler, Community Improvement Director
DATE: February 11, 1998
SUBJECT: Consent Agenda
State Housing Initiatives Partnership Program (SHIP) Rehabilitation of
Owner Occupies Units.
Attached please find Community Development's Housing Rehabilitation package,
Bid #98-014 SltR. This package is submitted for the Consent Agenda scheduled for
February 17, 1998.
This package is submitted to your office per Purchasing Policies and Procedures.
MEMORANDUM
TO: David Harden, City Manager
FROM: Michael Simon, Interim Community Development Coordinator ~
THRU: Lula Butler, Community Improvement Director ~/~)
DATE: February 11, 1998
SUBJECT: CONSENT AGENDA
State Housing Initiatives Partnership Program (SHIP) Rehabilitation of
Owner Occupied Units.
ITEM BEFORE THE COMMISSION
This is to request approval for two Housing Rehabilitation Grant Awards through the
State Housing Initiatives Partnership program (SHIP). This request is in accordance with
the City's approved Housing Assistance Plan developed for the SHIP program between
the City and the Florida Finance Corporation.
BACKGROUND
The grant award is based on the actual cost of the rehabilitation as determined by the low
bidder plus a 5% contingency. The contingency may be used for change orders and ail
unused funds remain with the SHIP grant program.
As required by the SHIP program, we will obtain a promissory note fi.om the homeowner
and record it in the public records of Paim Beach County.
Inspection of work is done by the Department of Community Improvement's Building
Inspection and Community Development Divisions. 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. The grant recipient has met all eligibility requirements as
specified in the approved Policies and Procedures.
The rehabilitation activity will bring the homes to minimum code requirements by repairing
roofs, electric and plumbing systems and correcting other incipient code violations.
Detailed work write-ups and individual case files are available for review at the
Community Development Division Office.
RECOMMENDATIONS
Staff recommends awarding the bids for two Housing Rehabilitation projects to the
verified low bidders and authorizes the award of appropriate grants through the SHIP
program. One hundred percent (100%) of total funds will be charged to the SHIP account
for the following:
Case Number Address Total SHIP Grant Amount
95~008 SHR 820 SW 4th Avenue $17,988.96
98-001 SHR 502 SW 7th Avenue $22,291.50
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DMSION
BID INFORMATION SHEET - SHIP PROGRAM REHABILITATION
BID #: 98-014 SHR
APPLICANT: Floyd Gatlinll
APPLICATION #: 95-008 SHR
PROJECT ADDRESS: 820 SW 4th Avenue
DATE OF BID LETTERS: January. 16~ 1998
DATE OF BID OPENING: February. 2, 1998
NAME OF CONTRACTORS AMOUNT OF BIDS
ADISSET CORPORATION $
3L F. DOZER, INC. $ 17~485.00
ALPHA SOUTH CONSTRUCTION $ 21~455.00
BEST REAL ESTATE, INC.\EDWARD KAPLAN $
CRAFTSMAN PLUS, INC. $
DAKOTA CONSTRUCTION, INC. $ 17~132.34
FIRST CHOICE CONTRACTORS $
HENRY HAYWOOD $
H.M.P. BUILDERS, INC. $
INTERCONTINENTAL CONST. CORP. $
RAY GRAEVE $
SOUTH FLORIDA CONSTRUCTION $
TOMMY PRESTON $
IN-HOUSE ESTIMATE $ 17~400.00
CONTRACTOR AWARDED CONTRACT: Dakota Construction
BID/CONTACT AMOUNT: $17~132.34
COMMENTS:
u :\white\wwdata~bidinfo. doc
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET - SHIP PROGRAM REHABILITATION
BID #: 98-014 SHR
APPLICANT: Lucy M. Wintou
APPLICATION #: 98-001 SHR
PROJECT ADDRESS: 502 SW 7th Avenue
DATE OF BID LETTERS: January. 16, 1998
DATE OF BID OPENING: February. 2, 1998
NAME OF CONTRACTORS AMOUNT OF BIDS
ABISSET CORPORATION $
A. F. DOZER, INC. $ 21~230.00
ALPHA SOUTH CONSTRUCTION $ 23~640.00
BEST REAL ESTATE, INC.\EDWARD KAPLAN $
CRAFTSMAN PLUS, INC. $
DAKOTA CONSTRUCTION, INC. $ 26,710.00
FIRST CHOICE CONTRACTORS $
HENRY HAYWOOD $ 21~785.00
H.M.P. BUILDERS, INC. $
INTERCONTINENTAL CONST. CORP. $
RAY GRAEVE $
SOUTH FLORIDA CONSTRUCTION $
TOMMY PRESTON $
IN-HOUSE ESTIMATE $ 18~058.00
CONTRACTOR AWARDED CONTRACT: A.F. Dozer, Inc.
BID/CONTACT AMOUNT: $21~230.00
COMMENTS:
u :\white\wwdata~bidinfo. doc
£1T¥ DF DELAIW BEflgH
Writer's Direct Line: (561) 243-7090
DFI. RAY BFACH
Ali.America City
1993
DATE: February 4, 1998
TO: City Commission
FROM: David N. Tolces, Assistant City Attorne ~
SUBJECT: Ocean Properties Access Agreement
The attached agreement is to be entered into between the City and Ocean Properties
regarding the City parking lot on the north side of the new Delray Beach Marriott.
Pursuant to the agreement, Ocean Properties will pay the City $75,000 for the use of the
City's parking lot. At this time, Ocean Properties has not agreed to the $75,000.00
payment. Ocean Properties would rather pay $50,000.
In return for the monetary payment, the City will grant Ocean Properties a perpetual
easement for access and roadway purposes over the south 24 feet of the City's property.
The City shall determine when the parking lot shall remain open and accessible to the
public. When access to the public is closed from A-i-A, Ocean Properties will have
access from the hotel property.
Pursuant to the agreement, Ocean Properties will maintain the surface over the parking
area on the City's property, and the access from the hotel property. Maintenance
includes surfacing, day to day cleaning, debris removal, and landscaping. In order to
maintain continuity, Ocean Properties shall also be responsible for striping the parking
lot. The City will be responsible for installing parking meters and a gate at the entrance
from A-1-A. Ocean Properties will also be required to obtain general liability insurance
in an amount to be determined by the City, and indemnify the City for any injuries
arising out of Ocean Properties' use or maintenance of the property.
At this time, the only outstanding issue is the amount of the monetary payment Ocean
Properties should make to the City, and whether an amount of insurance should be stated
City Commission
February 2, 1998
Page 2
in the agreement. Therefore, at the time the Commission considers this agreement, these
matters should be specifically addressed.
If you have any questions, please all.
DNT:smk
Attachment
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Diane Dominguez, Director of Planning and Zoning
ocean-3.dnt
ACCESS EASEMENT AGREEMENT
THIS ACCESS EASEMENT AGREEMENT, by and between the CITY OF
DELRAY BEACH, a Florida municipal corporation (City) and OCEAN PROPERTIES,
LTD., a Maine Corporation (Ocean Properties ) is made as of the date of execution hereof by
the last of the parties to execute.
WITNESSETH:
WHEREAS, City is the owner of Parcel 1, the "Property", situated in Palm Beach
County, Florida, more fully described in ~ attached hereto and made a part hereof;
and,
WHEREAS, Ocean Properties is the owner of property situated in Palm Beach
County, Florida, more fully described in ~ attached hereto and made a part hereof;
and,
WHEREAS, the property described in ~ is immediately adjacent to and
contiguous with the property described in ~; and,
WHEREAS, the City determines that it is a valid public purpose to enter into this non-
exclusive Access Easement Agreement allowing Ocean Properties access over a portion of
the property shown in ~ and as legally described in ~; and,
WHEREAS, for explanation and convenience, there is a rendering of the driveway
access easement attached hereto as ~; and,
WHEREAS, for explanation and convenience, there is a rendering of drainage and
exfiltration facilities, attached hereto as ~; and,
WHEREAS, it is the intent of the parties that the non-exclusive easement as shown in
Exhibit C is subordinate to and inferior to the right of the public over the property; and,
WHEREAS, all references to either the City and/or Ocean Properties in this Access
Easement Agreement shall also include, as may be applicable, their respective heirs, personal
representatives, employees, tenants, tenant's employees, business invitees, other invitees and
licensees, and their respective successors, and assigns.
NOW, THEREFORE, in consideration of the mutual covenants and promises, the sum
of ($ ) and other valuable consideration,
subject to the rights, obligations and limitations, set forth herein, the parties covenant and
agree as follows:
1. Recitations. The recitations set forth above are hereby incorporated as if fully
set forth herein.
2. Grant of Access Easement: The City hereby grants and conveys a non-
exclusive perpetual easement for access and driveway purposes to Ocean Properties over the
property described in ~. Access and driveway purposes as used in this Agreement
means for the full and free right and liberty to pass and repass, ingress and egress, over, on,
upon and through the property described in ~, in order to allow full and free
pedestrian and vehicular access from and between the property described in ~, the
hotel facility, and A1A, provided however that the access to A1A shall be restricted to such
times as the public parking as described in~ is open to the public. The City shall, in
its sole discretion determine when the public parking shall remain open and accessible to the
public. If the access to A1A is closed, Ocean Properties shall retain its right of vehicular
2
and pedestrian access over the property described in ~, except that Ocean Properties
shall provide a point of ingress or egress through the hotel facility property.
3. Term. This Access Easement Agreement as described in ~ shall be
perpetual and may only be terminated by written instrument duly executed by both parties
hereto except as provided in Paragraph 5.
4. Duties of the Parties:
A. Ocean Properties shall:
(1) Pay to the City $ for the Access Easement, payable upon
the date of issuance of the certificate of occupancy.
(2) Maintain the surface over the Access Easement shown in ~, the
portion of ~ used for access to the City property shown in
~, and the City's property described in ~. The
maintenance shall include but not be limited to, surfacing and
resurfacing, day to day cleaning of the properties, and debris removal,
maintaining the aforesaid properties in a neat, clean and sanitary
condition, free from all garbage and trash, litter and debris, landscape
maintenance and replacement, striping and restriping of the property
described in ~ and ~ as may be requested from time to
time by the City, maintenance and painting of the curb stops on the
property described in ~, and all other maintenance and repair
except as otherwise expressly set forth in this Agreement as a duty of the
City.
(3) Ocean Properties shall not construct or place any improvements on the
property described in Exhibit A and C and shall not obstruct, impede, or
interfere in the free flow of vehicular or pedestrian traffic over the
property described in Exhibits A and C, or interfere with, obstruct or
impede in the free ingress and egress of the vehicles, pedestrians, and
traffic from the City's property described in Exhibits A and C.
(4) Ocean Properties acknowledges that certain drainage facilities and
exfiltration trenches as shown in ~ shall be maintained by Ocean
Properties.
B. The City shall:
(1) Be responsible for the installation and maintenance of parking meters,
that the City may in its sole discretion install on its property shown in
(2) Provide replacement and/or repair of the curb stops located on the
property shown in ~, including painting of the curb stops on
property shown in ~.
(3) Shall repair potholes on the property described in ~ and
Exhibit C.
(4) Install, repair, and replace a gate at the egress and ingress access at
A1A. The City shall be responsible for the opening and closing of the
gate. The City, in its sole discretion shall determine if a gate will be
installed, repaired or replaced and if installed, the dates and times when
the gate will remain opened or closed.
5. Taxes and Assessments. Ocean Properties shall pay any and all taxes and
assessments that may be levied from time to time against the property described in ~.
The parties acknowledge that the Property described in Exhibit C is City owned property and
that no taxes or assessments are anticipated to be levied on the Property described on ~
C. The City agrees that it shall not take any action to levy an assessment on the Property
described in ~ which would impose a requirement on Ocean Properties to pay an
assessment. If, however, taxes and/or assessments are due on the property described in
Exhibit C, then Ocean Properties shall be responsible for payment of the assessment. Ocean
Properties retains the ability to contest either the payment and/or the amount of the taxes and
assessments, but shall in no event cause a tax lien to be filed against the property shown in
6. Default. If Ocean Properties fails to perform any of its duties under this
agreement including, but not limited to, providing all maintenance and repair as set forth in
4
this Agreement, payment of taxes, and assessments as may be required on the property
described in ~, the maintenance of adequate insurance as may be required by the City,
the levels of which may be changed by the City from time to time, or fails to indemnify the
City as provided for herein, the City may declare a default by providing written notice giving
Ocean Properties ninety (90) days to cure the default. If Ocean Properties fails to cure the
default within the ninety (90) days, the City shall have the right to seek enforcement of this
Agreement in the Circuit Court in Palm Beach County, Florida. If Ocean Properties
impedes or obstructs access to the City's property described in ~, by impeding or
obstructing access over the property described in Exhibit C for more than one hour without the
City's prior consent, and the City is required to give notice thereof more than three times in
any calendar year, Ocean Properties shall pay to the City $1,000.00 for each time the
impediment occurs in excess of three times in any calendar year.
7. Covenants Running with the Land. The easement hereby granted shall
be a servitude on the property described in ~. The easement, restrictions, and
obligations created by this Agreement shall run with the land and, shall be binding upon the
party granting, making or assuming such easement or obligation or restriction and such party's
successor's, assigns and mortgagees, and shall inure to the benefit of the other party hereto
and its successors, and assigns and mortgagees and any lessee, assignee or mortgagees, or
transferee of any part of the property shall automatically be deemed, by acceptance of the
estate, title, lease or portion thereof to have assumed all obligations hereof and relating
thereto.
5
8. Leases and Licenses. Ocean Properties shall require that all leases and
licenses shall include and be made subject to the obligations, limitations and restrictions of this
agreement and provide for the termination thereof for non-compliance with this agreement.
9. Indemnification. Ocean Properties shall and does hereby agree to
indemnify, hold harmless and defend the City, its officers, agents, employees, successors and
assigns from and against any and all judgments, damages, claims, demands, losses, liability
and other costs and expenses, including reasonable attorneys fees incurred in the defense
thereof, that may be incurred by the City by reason of any loss, damage, or injury to any
person or property, resulting directly or indirectly by reason of Ocean Properties use of the
property or maintenance of the property described in Exhibits B and/or C and ~
and/orE, or by reason of the act, or failure to act, on the part of Ocean Properties and/or
its agents, employees, tenants, .tenant's employees or representatives, and further shall, and
hereby agrees to indemnify, hold harmless, and defend the City its officers, agents and
employees from and against any and all losses, claims, demands, costs and expenses to which
the City may become subject by reason of the failure of Ocean Properties , its managers,
agents, licensees or tenants to pay, perform or observe any covenants, terms, conditions and
provisions contained in this Agreement.
10. ~ Ocean Properties shall obtain in amounts determined by the
City comprehensive general liability insurance for the property described in ~ and
shall name the City as an additional insured.
11. Enforceability/Venue. This Agreement and the rights created thereby shall
not be construed as vesting any rights in any licensee, tenant or other third party or person,
other than the signatories hereto and subsequent owners and mortgagees of the various parcels.
Venue for the enforcement of this Agreement shall be in Palm Beach County, Florida. To be
effective, this Agreement must be executed by both parties.
12. Warranties. Both parties, with respect to the parcel of property owned by
such party, warrants, represents and covenants to the other party: (a) that all mortgagees,
lienors, encumbrances, or other parties having any interest in such property and which are
necessary or appropriate to join in the execution of this Agreement in order to make this
Agreement fully effective as to such property, have so joined in the execution hereof, or
provided appropriate releases; (b) that this Agreement constitutes a valid and legally binding
obligation of such party enforceable in accordance with its terms; and (c) that this Agreement
has been executed by an authorized person on behalf of such party.
13. Recording, Document Stamps, Fees. This Agreement shall be recorded in the
public record of Palm Beach County, Florida. All recording costs, fees or documentary stamp
fees shall be borne by Ocean Properties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement by
officers, their signatures and seals this day of ,1998.
WITNESS: OCEAN PROPERTIES, LTD.
By:
(Signature of Witness)
(Signature printed or typed) (Signature printed or typed)
(SEAL)
7
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 1998, by (name of officer or agent, title of
officer or agent), of , a corporation, on
behalf of the corporation. He/She is personally known to me or has produced
as identification.
Signature of Notary Public
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Jay Alperin, Mayor
Approved as to Form and
Legal Sufficiency:
City Attorney
ocean.agt
I
I
I
I
I
I
I
~, I~' .
. I ~.~c.~.' ~
NOTES t
Exhibit B
rKor~ Ln Pl~C ~ook ~4. pag~ ~; both.an t~e ~bl~C Recor~ of
(1) thenc~ flOrthlFIy ~ dLttancl of ~9.6'~ feetl
~azd Plat a d~stancl Of Lea.a~ ~eot:
thencl e~lte~ly 4c ~ deqree~ Cfi the e~st f~om ~ prevj~l c~rse
th~c~ n~rthe~ly Jt ~9 ~e~ to t~e north from the prevz~s C~So
a ~s~ancl of 7~.~ flet:
t~nc~ e6~terly at 9~o 1:' .~0" to tl~e e~l from t~e nort~rly
(~) thence Southerly aC 9~o 41' ~' to ~e south eros tho e<e~ly
of ~ .:' feet to the Po~t of Curviture of 4 CUrVe C~C~VI tO the
4~' ~': the t~ (~) ~revLously descrtbe~ courmel being coincxden~
page 41
dtmtance of 26.88 feet;
(~] Ch~cl ~esCerly 4lGng ~he northerly r~qfl~-ot-~ay of A~I~CZC
~Av~ue a d~staflcl of 209.68 f~et to the P~INT OF
ION
belief as surveyed ~n t~e field under my responsible d~r~Xon
T~ICAI Standards ~et forth by ~he F~ortd4 Boa~ of
to S~t~on 472.027. Flor%da
-
Hinuei A. Gut
Florida Certificate ~o. 4102
~s
SOUTH.
~ ~.m~. INCORPORATED
~Cs of r~o~d '
,..,. ,
.~ .~ ~ ~..~ o~ Ig~,~ ~"50'
EXHIBIT 'C'
OESCR I PT I ON
THE SOUTH 24 FF. ET OF PARCEL 1
THE SOUTH ?.4 FEET OF A PARCEL OF LAN0 BEING A PORTION OF ORIGINAL LOTS 13, 14, & 15, OCEAN
BF_ACH SUBDIVISION, SECTION 16, T46S, R43E, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, MORE
PART I CULARLY DESCR I BED AS FOLLO~:
C01~ENClNG AT THE INTERSECTION OF THE CENTERLINE OF ATLANTIC AVENUE AND THE EAST RIGHT-
OF-WAY L I NE: OF ANORE:WS AVENUE: EXTENDE:D; THENCE: WI TH SA I 0 EAST R I GHT-OF-WAY L I
NORTHERLY 612.B~ FEET TO THE NORTH LIHE OF THE SOUTH HALF (S1/2) OF ORIGINAL LOT 15 IN AN
EASTERLY 01 RE:CT I ON TO THE: PO I NT OF BEG INN I NG; THENCE CONT I NU I NG ALONG SA I D NORTH L I NE,
.314.95 FEET IN AN EASTERLY DIRE:CTION TO THE ~E:ST RIGHT--OF-WAY LINE: OF OCEAN BOULEVARD
ES. R. A1A); THENCE WITH AN INTERIOR ANGLE TO THE LEFT OF 81 DEGREES 18' 07", 57.66 FEET IN A
SOUTHERLY DIRECTION ALONG SAIO EST RIGHT-OF-WAY LINE; THENCE: WITH AN INTERIOR ANGLE: TO
THE LEFT OF g8 DEGREES 41' 53', `306.02 FEET IN A RE:STERLY DIRECTION; THENCE WITH AN INTERIOR
ANGLE TO THE LEFT OF 90 DEGREES 12' ,30', 57.00 FEET IN A NORTHERLY DIRECTION TO THE POINT OF
BEGINNING.
CITY of DELRAY BEACH'
~ RN~ROI~]~NTAL S~RVICES DJ~PART~I~NT ~ EXHIBIT "C' 97_2,00
T 15
PARCEL 2 ~ LOT 13
~ ATLANTIC AVENUE (SR806)
CiTY of DELRAY BEACH "
EXHIBIT
E~O~ENT~ SEDUCES DEP~T~E~
.. F011 RAUP
PVC
CONNE;CT RAMP 0RAIN CORE BORE; INTO TNt:'
TO I0' P.V.C. (INV. E;L.,u4.2f['i ~ EXISTING CATCH 9A$1N
(SEE MECHANICAL PLANS 4' W. w,q.~- · Et.E'/ 4 0' N C V.O.
FC~ 0RAIN)'
PARKING ~RFJAROUNO
· , OUT W/ 8' 45' ANGL£D
· ~4' Mfl~ STOP
HANOfC~.O ac~ S' mc, H CONCRETE: 0LOCK
· ' /"WALL (BY OTH£~S)
S~OEWALK FLUSH
SEE HANDICAP PARKJNGI
SPAC£ S~IPING
~ [ lO' (:-goo PVC PIPE;_ ~ -I0' PVC '
INV.- lO.O'. PLUG ~ -2' P~ -
~ 2' ~R 35 PVC PiPE
~ (~[ MC~ANICAk
~ ~ 0RA~NGS PA~
A A
12 ~ 2' k I0' P v.C P~E
PA~ P-l) ~Y. IZ0' ...
2 ~LL ['
HYDR~
~PE 'D' "~[ '~ CURB 3. *~ ~.
t95 L.F IS'P.RCP ~ 8' ~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY Mg2XlAGER~
SUBJECT: AGENDA ITEM # ~Q- REGULAR MEETING OF FEBRUARY 17, 1998
REQUEST FOR EXTENSION/THE CROSSROADS CLUB
DATE: FEBRUARY 13, 1998
This is before the Commission to consider a request from The
Crossroads Club, Inc. to extend the time frame for compliance with
conditions of approval. The subject property is located at the
southwest corner of N.E. 2nd Street and 4th Avenue within the CBD
zoning district.
On January 9, 1996, the City Commission granted conditional use
for The Crossroads facility and agreed to allow the club to occupy
the building provided that within one year of occupancy, the
required parking and lease agreements would be finalized. This
did not happen, and numerous actions have occurred which are
outlined in the staff documentation. The last action was on
August 5, 1997, when the Commission approved a 6-month extension
(until January 22, 1998) to comply with the conditions of
approval. This approval did not require the reinstatement of the
parking area on the north side of the building, but was contingent
on receipt of a formal, legally acceptable agreement with the
property owners to the south (Cary) for off-site parking use.
As of this date, the parking situation has not been resolved and
the club is requesting another six month extension until July 22,
1998. If the Commission is inclined to grant another extension,
staff recommends it be for a nine month period, or until October
22, 1998, and subject to the conditions in the attached staff
report. Alternative actions are also provided.
Recommend consideration of the request for an extension from The
Crossroads Club.
ref:agmemol6
TO: DAVID T. HARDF_,I~, CITY MANAGER
D~ND ZONING
FROM: JEttA. COSTELLO
SI~NfOI~PLANNER
SUBJECT: MEETING OF FEBRUARY 17, 1998
CONSIDERATION OF A REQUEST TO EXTEND THE TIME FRAME FOR
COMPLIANCE WITH CONDITIONS OF APPROVAL ASSOCIATED WITH THE
CROSSROADS CLUB, LOCATED AT THE SOUTHWEST CORNER OF N.E.
2ND STREET AND N.E. 4TM AVENUE.
The action requested of the City Commission is that of approval of a request to extend the time
frame for compliance with conditions of approval associated with the Crossroads Club. The
subject property is located at the southwest corner of N.E. 2nd Street and N.E. 4th Avenue,
within the CBD zone district.
At its meeting of January 9, 1996, the City Commission granted conditional use approval for the
Crossroads Club meeting facility. The building was significantly deficient in terms of the parking
requirement for the use (88 spaces required, 23 provided on site). The applicants indicated that
they were working with adjacent property owners to purchase or lease property for additional
parking, but they wanted to proceed with the improvement and occupancy of the building. The
Commission agreed to allow them to move forward, subject to the following conditions:
1. That the maximum occupancy be limited to 350 people;
2. That between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday, activities and
meetings/groups be limited to a maximum of 92 people in order to not exceed the capacity
of the 23 on-site parking spaces; and,
3. That within one year of occupying the building, either formal off-site parking and lease
agreements must be finalized; an alternative parking plan must be provided; or, the meeting
schedules and capacity must be revised and reduced so as not to exceed the number of on-
site parking spaces.
Crossroads moved into the building on July 22, 1996. Shortly afterwards, they blocked off one
of the parking areas with bollards in order to provide an outdoor seating and smoking area for
meeting participants. The improvements were made without approval of the City, and resulted
~n the elimination of 4 required parking spaces, including the handicapped accessible space,
further exacerbating the parking shortage. On October 14, 1996, the Crossroads Club was
issued a violation notice by the Code Enforcement Division (Case No. 96-33121) for making the
City Commission Documentation
Meeting of February 17, 1998
Crossroads Club - Time Extension
Page 2
changes without first obtaining approval. On February 7, 1997, they submitted an application
for a conditional use modification to have the changes formally approved.
At its meeting of March 17, 1997, the Planning and Zoning Board considered the request to
allow the outside seating area to remain. The Board was very concerned with the elimination of
the parking, but noted that the greatest demand for the facility seemed to be in the evenings,
when other parking was available (i.e., by agreement with the FIo-Gas Company located across
N.E. 2nd Street, and along N.E. 4th Avenue). The Board agreed to approve the modification
and allow the tables to remain for the duration of the time frame by which they had to comply
with the requirement for providing additional off-site parking (July 22, 1997). They also reduced
the maximum number of meeting participants that could be accommodated during the
weekdays. The conditions of approval for the modification were as follows.
1. The maximum occupancy between 7:00 a.m. and 5:00 p.m., Monday - Friday, be limited to
that which can be accommodated by the 18 on-site parking spaces, or 72 people;
2. That within one year of occupying the building (July 22, 1997) either formal off-site parking
and lease agreements must be finalized; an alternative parking plan must be provided which
includes letters from adjacent property owners consenting to permit Crossroads Club to
utilize their properties for parking; or, the meeting schedules and capacity must be revised
and reduced to not exceed the number of on-site parking spaces; and,
3. That if the Crossroads Club is not in compliance with the previous conditional use approval
requirements by July 22, 1997, that the matter be presented to the City Commission.
In July, 1997, the Club requested a 6 month time extension (until January 22, 1998) to comply
with the conditions of approval. The Club was negotiating with the F.E.C. Railroad to purchase
the property on the north side of N.E. 2nd Street, and also with the property owner to the south
(Cary) to use their property on a temporary basis. It is not clear if the Club intended to pave
or otherwise improve the portion of the property that they would be using. On August 5, 1997,
the City Commission approved a 6 month time extension to comply with the conditions of
approval (without the requirement that the parking area on the north side of the building be
reinstated). An additional condition of approval was added that a formal, legally acceptable
agreement be executed between Crossroads and the property owners to the south (Douglas
and Virginia Cary) for the use of their property as off-site parking. Subsequent to the granting
of the time extension, the Code Enforcement Case was closed.
The Club is continuing to discuss alternatives with adjacent property owners, however, as of
this date they have not resolved their parking deficiency. They have submitted a signed
agreement with Douglas and Virginia Cary which states that the club may utilize their property
on N.E. 4th Avenue for parking. This letter does not meet the requirements as stipulated in the
LDRs for an off-site parking agreement. The Crossroads Club is requesting another 6 month
time extension (until July 22, 1998) to comply with the conditions of the conditional use approval
(see attached letter). The Commission may want to consider extending the time period to 9
months, as the request leaves only 5 months to address a parking issue which has not been
resolved in two years. If a time extension is not acceptable, the Commission may want to
consider reducing the parking requirement for this specific use to coincide with the 18-parking
spaces existing on the site. It would be difficult to justify such a reduction, however, since it is
obvious that the parking demand greatly exceeds the on-site supply.
City Commission Documentation
Meeting of February 17, 1998
Crossroads Club - Time Extension
Page 3
A. Continue with direction.
B. Approve the request to extend the time frame for compliance with the following conditions of
approval associated with the Crossroads Club for 9 months (October 22, 1998):
1. The maximum occupancy between 7:00 a.m. and 5:00 p.m., Monday - Friday, be
limited to that which can be accommodated by the 18 on-site parking spaces, or 72
people;
2. That either formal off-site parking and lease agreements must be finalized; an
alternative parking plan must be provided which includes letters from adjacent property
owners consenting to permit Crossroads Club to utilize their properties for parking; or,
the meeting schedules and capacity must be revised and reduced to not exceed the
number of on-site parking spaces; and,
3. That if the Crossroads Club is not in compliance with the conditions of approval by
October 22, 1998, that the matter be presented to the City Commission.
C. Pursuant to LDR Section 4.6.9(F)(1), approve a parking reduction for the Crossroads Club
from 88 to 18 spaces.
D. Deny the request to extend the time frame for compliance with conditions of approval
associated with the Crossroads Club for 6 months (July 22, 1998), and require that the
occupancy of the building (daytime and evening) be reduced so as not to exceed the
capacity of the on-site parking area.
By motion, Commission's discretion.
Attachments:
· Request Letter
· Location Map
CHAPIN, ARMSTRONG & ]~ALLEILiNO
ATTORNE~YS AT LAW
120i G£ORGE BUSH BOULEVARD
DEL:R-&¥ BEACH, FLORIDA 33483-7203
TELEPHONE (561) ~7~-I~a5
TELECOPIER (561) ~7~-444~
ROBERT D. CHAPIN ~+ L[GAL ASSISTANT5
DAVID G. ARNSTRONG e
JANES A. BALLERANO, JR. FAYE A. WILLIAN5
STEPHEN J. AUCAHP CYNTHIA C. SEANAN
SUSAN N. NANISCALCO
~ CERTIFIED BY FLORIDA BAR
WILLS, TRUSTS AND ESTAT[5 ~~ ~ ] ~
+ FELLOW. AN[RICAN COLLEG[
OF TRUST AND ESTATE COUNSEL
Ms. Diane Dominguez
Pla~ing Director
City of Delray Beach
1 O0 N.W. 1st A venue C,__~~. --~-~
Delray Beach, FL 33444 ~_
~: Revised Correspondence
C.E.B.CRC RecoVe~case ~ 96-33121Foundation' Inc.- Parking Problem t~~ ~
Dear Ms. Dominguez:
I am ~iting this le~er as a~orney ~d registered agent for the CRC Recovery Foundation,
Inc., ("CRC"), the o~er of the l~d ~d buildings at 306 NE 2nd S~eet, Delray Beach, Florida.
The p~ose of this le~er is to focally request an additional six months time for CRC
Recove~ Foundation, Inc. to comply Mth the ciW's p~king requirements ~ set fo~h in the City
Manager's Memor~dum dated August 4, 1997 ~d the City Commission's docmentation for the
meeting of August 5, 1997.
The basis for o~ request is as follows:
1. Status of Purchase of Proper~ of Florida East Coast Railway Co. ("FECR").
CRC, t~ough it's Executive Director, Tony Alle~on, h~ been in weekly contact with
M.O. Bagley, real estate m~ager for FECR Since the August 5, 1997 meeting. CRC
first attempted to have FECR m~e a charitable gi~ of a potion their real estate to
CRC. FECR refused to make a gift but offered to sell the prope~y. CRC's original
offer to purchase a potion of the prope~y was rejected however, FECR suggested we
m~e ~ offer to p~ch~e ~1 of~eir real estate which abuts ~e railway .right-of-way
between NE 2nd Street & NE 3rd Street. CRC advised FECR that certain l~downers
abutting the railroad's prope~ had placed fences across the railroad's property. The
railroad is continuing it's investigation of the problem ~d has advised by letter of
January 15, 1998 (a copy of which is attached hereto) thru they will finalize their
investigation as quickly ~ possible and will subsequently make an offer to sell the
entire parcel between NE 2nd Street and NE 3rd Street.
Ms. Diane Dominguez
Planning Director
City of Delray Beach
February 2, 1998
Page 2
2. Status of Purchase of Property_ of Douglas and Virginia Cary. CRC has been
allowed under oral agreement to park in the vacant lot owned by Douglas D. And
Virginia G. Cary located at 150 NE 5th Avenue, Delray Beach. By Agreement dated
January 17, 1998 ( a copy of which is attached), Mr. & Mrs. Cary gave the Crossroads
Club permission to park on their property. CRC has been attempting to purchase the
property from Mr. & Mrs. Cary for some time. To expedite the sale, CRC (with the
help of Mouw Construction Co) paid for the completion of a Phase One Environment
Audit of the premises. Unfortunately, the audit of the property has revealed an
undetermined amount of contamination. We are attempting to convince the owner to
complete a Phase Two Audit of the premises to determine the extent of the
contamination. Subsequently, we will determine the cost of correcting the problem.
It is hoped that the total problem can be eliminated at a price which can be afforded
by CRC.
3. Good Faith. CRC believes that it has acted as quickly as possible to resolve the
parking problem by attempting to purchase above described properties.
Please give me a call if you have any questions concerning this letter or if you feel you need
any additional information concerning CRC's attempts to resolve the problem. For the record, I
received correspondence from the Code Enforcement Board dated September 9, 1997, (a copy of
which is attached hereto), that the Code Enforcement Board had determined that no violation exists
as to the matter set forth in Case # 96-33121 and that the "Code Enforcement Board hereby dismisses
this violation." Possibly you could let me know if there is another formal "case" outstanding or, in
the alternative, if the notice of September 9, 1997 was sent in error.
Thank you for any consideration you can give to my request on behalf of CRC Recovery
Foundation.
Sincerely,
David G. Armstrong
DGA/cbk
Enclosures: 3
cc: CRC Recovery Foundation, Inc. w/enclosures
Larry Eaton, President
H:\DATA\WP6DATA\DGA\CRC\CDBUTLER.LTR
JF~M 1~ '~8 EF2:~G FEC F ~UGUSTI~E], FL P.1
FLORIDA EAST COAST RAILWAY COMPANY
o~ MALA~A STRggT. P. O. BOX X04~. eT. A~JouaTn~g~ I~bORLOA
Telephon~ (904) 826-2269 FAX (904)
January 15, 1998
File: 31%2
SENT VIA FAX (561)2_ 78-8004
AND U.S. MA]I~
RE: Donation of Railway parcel for Parking.
Mr. George M. Allerton, President
Thc Crossroads Club, Inc.
306 NE 2nd Street
Delray ]Beach. FL 33483
Dear Mr. Allerton:
This has reference to our numerous conversations regarding your org~i?~tions interest in Railway
property for additional parking.
As I explained today, the matter is under investigation; however, we axe not in a position to offer
formal proposal at this time. We will endeavor to finalize the cxtemal investigation as quickly as
possibb in order 1o compose a proposal that will satisfy all concerned partie~
Sincerely yours,
Industrial Development & Real Estate
MOB/ob
AFFIDAVIT
S'.'~ATE OF FLORIDA )
SS:
Co. gNTY OF PALM BEACH )
We, DOUGLAS D. CARY and VIRGINIA G. CARY, being duly sworn
d~,,pose and say:
1. That we are the owners of property identified by Property
Corltrol Number 12-43-46-16-01-091-0090, located at 150 N.~.4th
AYenue, Delray Beach, Florida.
2. That Crossroads Club has permission to park on the above
d~ signated property.
DOUGI~AS D. CARY
~ ·
~' ~IRGINIA G. CARY
Sworn to and subscribed before me this ~'7 day of January, 1998.
Notary Public, State of Florida
Print, Type ( ~m'~ N~~ ~ry Public
%~ Notary Public, State of Florida
,~// ~ My Corem, Exp. Janua~/~9, 2002
P e: S onal ly known or No. CC 702790
T,.,'?e of identification produced
DELRA¥ BEACH
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
AiI-AmericaCity
IDate: SEPTEMBER 9, 1997
1993
CRC' RECOVERY FOUNDATION INC. DAVID G. ARMSTRONG, R/A
'" 209"NE 1ST STREET '' THE CROSSROADS CLUB, INC.
DELRAY BEACH, FL 33483 1201 GEORGE BUSH BLVD.
DELRAY BEACH, FL 33483
RIE: C.E.B. CaseNumber 96-33121
Legal: TOWN OF DELRAY N 100 FT L. YG E OF FEC RR BLK 91
Please be advised that at the meeting held by the Dekay Beach Code Enforcement Board
on 9/9/9? , the Board determined that no violation exists as to the
matteis set forth in the Notice of Formal Hearing mailed to you on 4/14/97 .
Therefore, pursuant to the provision of Chapter 37 of the Code of Ordinances of the City
of Dekay Beach, the Code Enforcement Board hereby dismisses this Violation.
CODE ENFORCEMENT BOARD '
THE EFFORT ALWAYS MATTERS
MKMOR 4NDUM
TO: David T. Harden, City Manager
FROM: ~)~obert A. Barcinski, Assistant City Manager
DATE: February 12, 1998
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING FEBRUARY 17, 1998
SPECIAL EVENT REQUEST - DELRAY AFFAIR 5K RUN
ACTION
City Commission is requested to endorse a request from the Chamber of Commerce to
conduct as part of the Delray Affair a 5K Run to be held on April 18th from 7:30 a.m. to
approximately 10:00 a.m., to grant a temporary use permit per LDR's Section 2.4.6(H) for
the use of A-1-A from Anchor Park to George Bush Boulevard, to use Anchor Park as a
staging area, to waive LDR's Section 4.6.7(D)(3)(j)(ii) to allow signage to be placed more
than one week prior to the event, to provide staff support for traffic control and
barricades set up and take down, and to split the overtime costs for this event 50/50 with
the City.
BACKGROUND
Attached is a request from the Chamber of Commerce to conduct a 5K Run during the
Delray Affair. The event route is certified and is the same route that we have used for the
Turkey Trot held last November. The route would be along A-1-A from Anchor Park to
George Bush Boulevard and back. This would require the barricading of A-1-A and all
side streets between 5:00 a.m. and 6:00 a.m. Barricades would be removed after the event
is over. The estimated overtime for this event is $2,600.00.
The Police Department has indicated from their perspective that this closure will not
cause a problem. I have a concern that with Atlantic Avenue closed from Swinton to
Palm Square, the additional closure of A-1-A may cause some problems. We can,
however, reroute traffic along Andrews to Gleason or Venetian back to A-1-A via Bucida
Road.
City Commission did cap the City's overtime contribution to the Delray Affair at last
year's level ($11,500). This event would add to our overtime costs. Alternate routes have
been discussed but the certification process is quite involved.
ACTION
Staff recommends consideration of approval of the event, granting requested permits and
waivers and providing staff support as requested. It is my recommendation that
overtime costs be paid for by the Chamber of Commerce.
RAB/sdl
Attachment
File:u:sweeney/agenda
Doc:021298a.doc
Mayor and City Commission / P!~-~)'"¼~"r, ~';-'; -
Ci~ of Delmy ~ch ~=~:~ ~ ~
I ~ NWI ~ Argue
JTC 97
Delmy ~ch, FL 33{{{
The Delray Affair D~r ~ayor ~d ~mi~ione~
~k you for your r~e~ ~pro~ of ~e 1998 Delr~ Affair, celebrating im 36~
64 S.E. Fifth Avenue
~nive~ on ~HI 17, 18, & 19, 1998. We are in ~e proc~s of developing a new
prog~ ~in ~e Delmy ~r ~d are r~u~ng your suppo~ and ~reemen~
~e Delmy A~r is or~i~ a 5K Ru~H~ Walk m ~ke place ~e Saturday of
(~) ~7~.~ ~e Delmy Affair weekend, ~HI 18, 1998. ~is event would be held on ~e already
ce~fied Tu~ey Trot coume ~ong AIA ~1 subsidia~ Ci~ sewic~ would be ~e
~me or similar m ~ose required for ~e Ci~s Tu~ey Tro~
~ We are veff proud of ~e ~cellent rep~aon ~at ~e Del~y A~ir h~ ea~ed
~%~(~) ~7~'~ over ~e I~ 35 y~ ~d feel ~at ~is new a~ will add a fresh sense of
~ci~ment ~d populaH~ to ~e air. dy ~blished even~
It is our hope ~at ~is new 5K Ru~H~I~ Walk will ~si~ us in our effo~ to
condnue mbHng more tour groups ~d visim~ to Delmy ~ch duHng ~e Affair.
~e a~ ~ dme of ~e race is 7:30 zm. and is ~e~ to I~ ~ min~es.
The Greater
~e co~ider ~prod of ~e follo~n[ D~I~ ~r i~ms:
Delray Beach
I. Bdo~ement br ~e Ci? Commission ~ ~ Ci? supposed
Chamber of Commerce
Z Use of Ci? p~n~ ~cili~es ~ ~chor P~ for ~e ~ce rej~on si~e,
r~r~ci~t ~d~ ~J ~c~ ~ish line (from ~ppro~ ~:)0 tm.
~ppro~ I~ tm.)i
· ~n~ ~cc~s ~ ~1~ from ~ch side ~re~ in ~is ~re~ (from ~ppro~
tm. to ~p~ro~ I E~ tm.). Sus~nsion of p~n~ fm~ r~ridons~
Pro, de Ci? ~ suppo~ wi~ repr~en~fon from Police, Fire, S~rees,
Bjnee~n~ fle~ ~d ~cili? ~in~n~ce, Communi? Improvemen~
P~ · ~cr~on, ~nd Ci? ~e~ ~c~ for plannin~ ~nd
se~c~ ~ needed~
5. Permission to erect signs promoting the event from March 22nd through
April 19th;
cant/hue
Delray Affair 5K Run/Heaith Walk
Page 2
6. We request the City of Delray Beach split the cost of City staff overtime
services 50/50 with the Greater Delray Beach Chamber of Commerce
ensuring a greater success to this specific event.
We sincerely appreciate all of the efforts of the City employees and hope each of
you will be a part of the festivities.
Yours truly,
President
cc: Dave Harden, City I~anager
Bob Ihrdnski, ~ City I~anager
Joe ~/eldon, Director of Park~ & Recreation
Ho~ Owens, Director of Public Work~
Robb¥ Penm Supe~sor of lraffic Operatiom
lulu Butler, Director of Community ImproYement
[IT¥ I)F DELRI:I¥ BEI:I[H
DELRAY BEACH
~ 100 N.W, 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
~lI-AmericaCity
1993
TO: David T. Harden, City Manager
FROM: ~'~obert A. Barcinski, Assistant City Manager
DATE: February 12, 1998
SUBIECT: AGENDA ITEM CITY COMMISSION MEETING FEBRUARY 17, 1998
Special Event Approval - "Delray Beach Street Festival"
ACTION
City Commission is requested to endorse a request from American Craft Endeavors (a
Division of Howard Alan Events) to hold the Delray Beach Craft Festival on February
28th and March 1st, 1998 from 10 a.m. - 5 p.m., to grant a temporary use permit per LDR's
section 2.4.6(H) for the use of NE and SE 4th Avenue one block north and south of
Atlantic, and to provide staff support for security and street barricading.
BA CKGROIlND
This event has been held the past three (3) years on SE 3rd Avenue south of Atlantic and
in the Suntrust Parking lot. A location change has been requested in order to add more
exhibitors. It is my understanding that the library will participate in this event.
Estimated overtime costs for this event are $850.00.
RECOMMENDATION
Staff recommends approval of the event, temporary use permit and providing staff
support with the event sponsor paying all overtime costs.
RAB/tas
Attachment
File:u:sweeney/agenda
Doc:021298b.doc
THE EFFORT ALWAYS MATTERS
2-18-1998 11:BAAM FROM HOWARD ALAN EVENTS 9BA4723891 P_ 1
From: Howard Alan
RE: Deiray Beach Street Craft Festival by American CraR Endeavors(A Division of Howard Alan
Events)
Date: FebmaD' 28 - March 1. 1998
Hours: SaffSun 10am-Spin
Location: NFdSE 4th Ave. at Atlantic Ave
City Services needed:
Barricades and police detail
To benefit:
Atlantic Avenue Association
What we will provide:
Clean-up, dumpster, Port-o-Lets, crafters, on-site supervision
Contact person:
Howard Alan - American Craft Endeavors
Marjorie Ferret - Joint Venture
We would like to request a street closure for this annual event. We request public works to
provide all of the necessary barricades for this event. We will hire off-duty Delray Beach police
detail and provide the City of Delray Beach with a one million dollar liability insurance policy;
plus provide all necessary logistics.
Ir'there are any additional questions, please contact me at (954)472-3755 or Marjorie Ferret at
(561)278-0424.
~howard Alan/~
HA/db
9633 W. BROWARD BI, VD · SUITE #1 · PLANTATION, FI,ORIDA 33324
(954) 472-3755 ° FAX (954) 472-3891
I:ITY ElF OELAI:IY BEI:I[H
DELRAY BEACH
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
AII-AmericaCity
993
TO:David T. Harden
City Manager
FROM: ~ Robert A. Barcinski
r!
Assistant City Manager
DATB: January 30, 1998
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING FEBRUARY 17, 1998
City Commission Liaison - Parking Management Advisory Board
ACTION
City Commission is requested to appoint a Commissioner to serve as the Commission
Liaison to the Parking Management Advisory Board.
RAB/sdl
File:u:sweeney/agenda
FileO21098a.doc
THE EFFORT ALWAYS MATTERS
~PrintodonRocyclodPat~or
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY I'4g~AGER~//~
SUBJECT: AGENDA ITEM # ~F- REGULAR MEETING OF FEBRUARY 17, 1998
APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY
DATE: FEBRUARY 12, 1998
Richard Eckerle's term on the Delray Beach Housing Authority will
expire on March 6, 1998. Mr. Eckerle was initially appointed to
fill an unexpired term in January, 1997. He is eligible and would
like to be considered for reappointment. The term is for four (4)
years, ending March 6, 2002. Attendance records are attached.
Per statute, an appointee may not be an officer or employee of the
City. There is also a member-resident requirement which is met
under the Housing Authority's current membership composition.
Applications are on file from the following:
Ronald Brito (currently on Board of Construction Appeals)
Richard Eckerle (incumbent)
Robert Hutzler
Rosalind Murray (currently on the Education Board)
Willie Ports
Jay Slavin
Terrence L. Turbyfill
A check for code violations and/or outstanding liens was
conducted. None were found.
According to Florida Statutes, members are appointed by the Mayor
and ratified by the Commission. However, by prior consensus of
the Commission, it was agreed that each Commissioner would, on an
informal basis and according to the rotation schedule, make a
recommendation to the Mayor as to Housing Authority appointees.
For this appointment, the recommendation will be made by
Commissioner Randolph (Seat #4), with the actual appointment by
Mayor Alperin.
Recommend appointment of a member to the Delray Beach Housing
Authority for a four year term ending March 6, 2002.
ref:agmemo2
DELRAY BEACH HOUSING AUTHORITY
1998
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Herman Green P
Barbara Brown P
Michael Wright P
Thomas F. Carney, Jr. P
Thaddeus L. Cohen P
Robin Preston ~
Richard Eckerle P
'~ - ~ DELRAY BEACH HOUSING AUTHORITY
1997
Jan Feb ~r ~r ~y Jun Jul Aug Sep Oct Nov Dec
Herman Green (appnt 7/97) A A P/P P P P
Barbara Bro~ I P ] P I P I P I' P/A I m/p I P P P/P m A p
~chael Wright (appnt 7/97) P P P/P P P P
Thomas F. Carney, Jr. P P P A A/A p/p P P P/P P P P
Thaddeus L. Cohen P P P A P/P P/P P A P/P A P P
Robin Preston P A A P A/A P/A P A ~A P P A
Richard Eckerle P P P P P/P A/P P P P/P P P P
(appnt 1/97)
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY Mg~AGER~
SUBJECT: AGENDA ITEM # ~-- REGULAR MEETING OF FEBRUARY 17, 1998
APPOINTMENT TO THE CODE ENFORCEMENT BOARD
DATE: FEBRUARY 12, 1998
On January 20, 1998, Stanley Watsky was appointed as a regular
member to the Code Enforcement Board. Mr. Watsky had been serving
as an alternate. Hence, his appointment created a vacancy for an
alternate member (layperson) to fill an unexpired term ending
January 14, 1999.
Ail members of the Code Enforcement Board must be residents of the
City. Appointments to both regular and alternate member positions
shall be made on the basis of experience or interest in the fields
of zoning and building control. The membership shall, whenever
possible, include an architect, a businessperson, an engineer, a
general contractor, a subcontractor and a realtor.
Applications are on file from the following:
Michael Coston (resides in the north 2 months of the year)
William Paul Morris
A check for municipal liens and/or code violations was conducted.
None were found.
The appointment will be made by Commissioner Schmidt (Seat #1).
Recommend appointment of an alternate member (layperson) to the
Code Enforcement Board to fill an unexpired term ending January
14, 1999.
ref:agmemol
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM ~ ~'- REGULAR MEETING OF FEBRUARY 17, 1998
ANNUAL SERVICE AND MAINTENANCE CONTRACT FOR CITY HALL
HVAC, CHILLER AND TRACER UNIT
DATE: FEBRUARY 12, 1998
This is before the Commission to consider approval of a contract
award to E.C. Stokes Mechanical Contractor, Inc., as the lowest
responsive bidder, for a service and maintenance contract on the
new City Hall HVAC equipment.
The contract was put out to bid toward the end of last year, and
six bids were received. However, during the review process, it
was established that the first three low bid companies did not
meet the required specifications in terms of experience with
similar equipment. Hence, E.C. Stokes Mechanical Contractor,
Inc. became the lowest responsive bidder.
This is an annual contract, with an option for the City to renew
on years two and three if desired. The first year cost is
$13,200.00 which is for the recommended monthly maintenance.
Year two and three cost is $17,200 per year which includes all
service repair and maintenance.
Recommend award of the service and maintenance contract for the
City Hall HVAC equipment to E.C. Stokes Mechanical Contractor,
Inc., with funding from 334-6111-519-46.90 (Other Repair/
Maintenance Costs).
ref:agmemo6
Agenda Item No.
AGENDA REQUEST
Date: January_ 28. 1998
Request to be placed on:
X Regular Agenda
~ Special Agenda I
__ Workshop Agenda When: February,~'. 1998
Description of item (who, what, where, how much): Staff request City Commission approve a one
year Service and Maintenance Contract with E.C. Stokes Mechanical Contractor, Inc., in the
amount of $13,200.00 with a renewable option for up to two additional years, for the new City Hall
Facility HVAC equipment.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends City Commission approve a one year Service and
Maintenance Contract with E.C. Stokes Mechanical Contractor, Inc., in the amount of $13,200.00
with a renewable option for up._to two additional years, for the new City Hall Facility HVAC
equipment. /' ] /'~ .
Department head signature: ( ~- ~~ l {~'~c~-~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (require. d,~ all items involving expenditure
Funding available: YE~
Funding altematives (if applicable): 'J ' ' ~ '"
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda: E~NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
s:\...\9560\agreq203
RECEIVED
FEB 0 Z 1998
ASSISTANT
CITy MANAG~R
1993
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager
From: Jos~ Aguila, A.I.A. ~
Construction Manager
Date: January 28, 1998
Subject: AGENDA REQUEST 02/95/98
City Hall HVAC, Chiller and Tracer Unit
Annual Service and Maintenance Contract
Now that the new HVAC, Chiller, Thermal Energy Storage and Tracer Unit for
the City Hall Facility is in full use, it will be necessary for the City to contract out
with an outside maintenance company for non-warranty covered service.
Last November the City published and Invitation for Bids to maintenance
companies meeting certain qualifications necessary to service and maintain our
new system, and on December 3, 1997, the City received six proper bids as
listed below.
1 Atlantic Refrigeration Corporation $ 3,682.00 $ 8,852.00
2 Engineered Comfort Systems, Inc. $ 4,750.00 $ 7,825.00
3 AAAdvanceAir, Inc. $10,163.91 $15,597.66
5 South Florida Trane Service $ 8,820.00 $19,902.00
6 ThermoAir, Inc. $10,800.00 $20,400.00
Upon receipt of bids, staff began the follow-up of submitted experience and
reference information. During this process, it was established that the first three
companies listed above failed to meet the required specifications, due to lack of
previous experience with similar type of equipment as that which was installed at
City Hall.
The contract is for an annual service and maintenance with an option for the City
to renew on years two and three if desired. Staff had estimated a cost of
$12,000 to $15,000 per year for this service. The first year is basically for the
recommended monthly maintenance, since warranty work is covered by the
manufacturer and installing contractor. At the end of year one, the cost includes
all service repair and maintenance.
Based on the above information, the submitted bids, and the reference follow-up,
staff recommends that the annual service and maintenance contract be awarded
to E.C.Stokes Mechanical Contractor, Inc., for the first year of maintenance in
the amount of $13,200.00 payable in equal monthly installments of $1,100.00.
cc: Agenda file 02/03/98
Bob Barcinsld
Dick Hasko
File 95-060 (A)
s~...\9560~agmern203
£1T¥ aF llELRl:lllll BEII£H
DELRA¥ 8EACH
~ 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 · 407/243-7000
January 13, 1998
Mr. Brad Bedient
E.C.Stokes Mechanical Contractor, Inc.
2001 7th. Avenue North
.Lake Worth, Flodda 33461 Sent via FAX 11'!3198
Re: Delray Beach City Hall HVAC, Chiller and Tracer Unit
Annual Service and Maintenance Contract
Bid No, 98-004
Dear Mr. Bedient:
The City of Delray Beach would like to thank you for taking the time to submit a
bid for the above referenced project, and inform you that your bid is being
considered for award. In order to properly evaluate the submitted bids, I am
hereby requesting that the following information, as required by the bid package,
be submitted to my office as soon as possible. Should you have any questions,
please contact me directly by calling 243-7327.
1. List at least five (5) technicians that are factory trained and certified to
install and maintain similar equipment. Submit copy of resume,
certificates, or any other documentation as evidence.
2. Submit, in writing, a statement verifying that your company possesses the
necessary equipment setup, including computers with modem capabilities
to remotely monitor the system.
3. Submit, in writing, a statement verifying that your company possesses a
current library with all necessary manufacturers software and technical
manuals required to properly maintain the system, and that you will keep
the library current.
4. Submit, in writing, a statement verifying that your technicians posses, or
have access to, laptop computers with the required software, and other
tools required to service the system.
THE EFFORT ALWAYS MATTERS
5. Submit, in wdting, a statement verifying that your company possesses the
necessary in-house expertise in servicing and installing HVAC systems
with "ice making" modes of operation.
6. Submit a listing of other similar systems your company has or is
successfully servicing dudng the past five (5) years. Provide a brief
description of the system, and terms of your responsibility. Provide name
of owner or owner's representative with address and phone number.
Sincerely,
Construction Manager
cc: Jac,kie Rooney
File 95-060 (A)
s:~...~9560~maintbid
Date: Friday, December 19, 1997
To:' City of Delray Beach
Ji~n $chmitz
P~one: 561-243-7338
Fax: 561-243-7314
From:Ailantic Refrigeration
Mike Mc Gann
P]~one: 561-278-1937
F:tx: 561-278-0373
Pages: ~ 1__
Subject: ~ity Hall
Jose,
Having rer~.~ad the spec on the contract bid I am afraid
we will have to revise our submittal. I was under the
impression that like equipment such as heavy chillers
and eontro~ ay~tom ~orvic~ would qualify Atlantic.
Unfortunately, I cannot properly document our level of
expertise ir( ice storage. Please disregard our bid
presentation. I hope that I have not caused you any
undue delay.
Thank you I · /~
AA Advanced Air Services. Inc, F~x: 964 97'3.6476 To: Delray City of Page I of t Friday, gaflu~ry 09,199~ 1:37:4~ PM
AA ADVANCE AIR, INC.
'1920 NW 32nd STREET, POMPANO BEACH, FL 33064
$ 8mwerd 565-4801 / N Broward 97f..5801 / D~de (305) 944-8835 / WPB (561) 736-0120/Fax (954) 973-6476
January 9, 1998
Mr. Jose Aguila, A.I.A.
Construction Manager
City of Delmy Beach
100 NW 1" Avenue
Delray Beach, FL 33444
Re: DELRAY BEACH CITY HALL HVAC MAINTENANCE CONTRACT
BID #98-004
Dear Mr. Aguila,
I regret to inform you, particularly at this late hour, that my attempts to meet all of the
criteria you have set forth to qualify for this contract have fallen short. Specifically, in the
area of "ice making" experience.
Some of our technicians have limited experience but, collectively we fail to demonstrate
the level of experience you have indioated is necessary.
I apologize for any inconvenience this has caused you and the City of Delray.
~incerely,
Doug Cady
Service Manager
TOKE
MECHANICAL CONTRACTOR, INC.
J AN 2 3 1998
January 23, 1998 ENO[~~
City of Dotray Beach
100 N.W. 1 ~ Avenue
Delray Beach, FL 33444
Atto: Jose' Aguilla, A.I.A.
Construction Manager
RE: Delray Beach City Hall HVAC, Chiller & Tracer Unit
Annual Service and Maintenance Contract
Bid No. 98-004
Regarding your letter of January 13, 1998, the following is the information you requestecL
Item No.
1 The following mechanics have served at least four years in the Local 630 Joint Apprenticeship
Training Center.
Michael Savage
Douglas Jacobs
Douglas Kline
Harold Shafer
Richard Lee
Kenneth Dorian
The JATC provides an extensive program addressing all aspects of the I-IVAC trade, including
energy management and chilled water systems. For a further description of the training facilities
available, please contact Leroy Givens, Coordinator, at 561-686-4233.
2 thru This statemem is to certify that Stokes Mechanical Contractor, Inc. is equipped with current
4 manuals, computers and software to support your Trane Tracer facility. We provide remote
dial-up and on-site support using both desk top and lap top computers. We are equipped to
service Trane Tracer and Tracer Summit systems, as well as Johnson Controls, Facilitator,
Companion and Metasys sytems.
In addition to the above, we utilize the Trane Everywhere software and communications adapter
required to program the firmware in Trane's various controllers.
The software used to support our current clients includes Tracer Summit ver. 5, ProComm 4.0,
PcAnywhere, Carbon Copy and HyperTerminal.
PLUMBING · AIR CONDITIONING
2001 7th Avenue North · Lake Worth, FL 33461 · (561) 582-3589 · FAX (561) 582-3602
City of Delmy Beach January 23, 1998
Arm: Jose Aguila Page 2
RE: Bid No. 98-004
Item No.
5 We are currently responsible for a 1.6 million gallon thermal storage system at St. Mary's
Hospital in West Palm Beach. Completed installation and start-up of same in Spring 1997.
Coordinator: Timothy Vanderploeg at 881-2742
6 Government References:
Palm Beach County Facilities South
Contact: Garth Josephs 276-1346
...-~.
Palm Beach County School Board
Purchasing: June Brack 434-8501
Facilities: Steve Needs 68%7061
Town of Jupiter
Contact: $~ncer Blumer 747-3066
Bernie Schatmer 746-5134
Should you require any additional information, please do not hesitate to call.
Sincerely,
E.C. STOKES MECHANICAL CONTRACTOR, INC.
Brad C. Bedient
Air Conditioning Service Manager
City of Delray Bid 98-004
CITY OF DELRAY BEACH
BID #98-004
SCHEDULE OF PRICING
BID FORM
Total lump sum price for the furnishing of all labor, equipment and material necessary
for the annual service and maintenance contract for the HVAC, Chillers and Tracer unit
for the City Hall Facility located at 100 NW First Avenue, Delray Beach, Florida, per the
attached specifica[ions.
Year one includes all scheduled and specified maintenance and service not covered
under original manufacturer's warranty. Includes all pads and labor.
YEAR ONE TOTAL COST
$ 13,200.00
(in numbers)
$ Thirteen thousand two hundred dollars and O0/lO0 (in words)
Year's two and three includes all scheduled and specified maintenance, service and
repair including all labor, pads and equipment. (compressors are covered by a pads
only extended warranty).
YEAR'S TWO & THREE TOTAL COST PER YEAR
~ 17,200.00
(in numbers)
$ Seventeen thousand two hundred dollars and O0/lO0 (in words)
MAINTENANCE AND SERVICE SPECIFICATION
I. SCOPE OF WORK
A. Provide all labor, parts, and refrigerant to:
1. Perform regular service and preventative maintenance of the equipment 12
times per year (l/mo.).
2. Furnish other service to include: all repairs, including labor, parts and
refrigerant to equipment and Tracer system as required between regular
service. Repairs to be provided 24hours per day, 365 days per year at no
additional charge.
3. Provide Service and Full maintenance of the Tracer System.
4. Routine maintenance shall be performed on each device to ensure that the
system remains in proper operating condition.
5. All adjustments found to be necessary during inspection (s) for a comfortable
energy efficient system shall be performed.
6. All labor and material for preventive maintenance shall be included.
7. All work, maintenance and service shall be under a single source of
responsibility, none of the work may be sub-contracted out to other vendors.
8. Inspection and preventive maintenance services are designed to reduce the
chance of equipment failures, however should a repair be necessary, all labor
and materials required for systems repair shall be included at no additional
charge.
9.Operating questions regarding systems status, operation, or programming,
shall be answered by city personnel calling the service contractor, who will
maintain a copy of the system data base in his office and connect to the
system via telephone lines for assistance in answering questions.
B. Bidder Qualifications:
1. Must have at least 5 technicians on staff that are factory trained and certified
to service and install similar systems as the one to be maintained.
2. These technicians must be regularly engaged in the service and installation of
the specific system to be maintained.
3. Must have a spare parts inventory of the system to be maintained, with the
ability of 24 hour access.
4. Must have sufficient systems set up at the local office to monitor the specific
system to be maintained via telephone lines.
5. Must maintain a library of all software upgrades.
6. Technicians must carry or have access to laptop computers, software, and
specially designed tools, and test equipment required to service the specific
system to be maintained.
7. Technicians must regularly attend factory training designed for servicing and
repairing the system to be maintained.
8. Must show evidence of successfully servicing the type of system to be
maintained for a period of at least five (5) years.
9. Must have in-house expertise in servicing and installing HVAC with "ice
Making" modes of operation.
10.Must provide--when requested--operator training on the system to be
maintained.
II. ANNUAL INSPECTION -EQUIPMENT
A. Record pertinent system temperatures, pressure and electrical readings
necessary to determine the existing operating conditions of the systems.
B. Check and calibrate safety and operating controls.
C. Check refrigerant charge.
D. Meg compressor motor, record readings.
E. Check condition of starter contacts for wear, pitting, etc.
F. Tighten all starter terminals. Check overloads. Record trip amps.
G. Tighten motor terminals and controls panel terminals.
H B Take oil samples and check with acid test kit.
I. Replace oil filter.
J. Check crankcase heater.
K. Check external interlocks, flow switch.
Lo Clean the condenser coils.
M. Report any uncorrected deficiencies noted.
N. Check operation of control circuit.
O. Check operation of motor and starter.
Po Check operating log with designated city representative discuss operation of
machine generally.
Q. Report any uncorrected deficiencies noted, and schedule time for repair.
III. AIR HANDLING UNIT INSPECTIONS
During the monthly ins.Dection of the air handling units(s):
A. Clean and inspect chilled water coils.
B. Inspect drain pan and drain line.
C. Inspect fan wheels.
Dp Inspect drive sheaves.
E. Check belt alignment and tension.
F. Lubricate as required.
G. Check motor operating voltage and amperages.
H. Check bearing and motor mounting.
I. Check inlet vanes, dampers and variable speed drive, as applicable.
J. Check any excessive vibration or noise.
K. Report system deficiencies with recommended improvements. That are beyond
maintenance or repair.
IV. PUMP INSPECTIONS
During the monthly inspection of the pump(s):
Ao Lubricate pump bearing per manufacturer s recommendations.
B. Lubricate motor bearing per manufacturer s recommendations.
Check motor mounts and vibration pads.
Visually check pump alignment and coupling.
E. Check motor operating conditions.
F. Inspect electrical connections and contractors.
G. Check and clean strainers and check hand valves.
H. Inspect mechanical seals or pump packing. Replace and adjust as required.
I. Operate pumps and check efficiency.
J. Report system deficiencies with recommended improvements.
V. EQUIPMENT TO BE SERVICED UNDER THIS AGREEMENT:
A. Trane Rotary Screw Chiller Model # RTAA-080, Serial Number U97D01683
2-7.5 hp Pumps.
2-3.0 hp Pumps.
6-Air Handling Units
B. Magnetic starter (s) for chillers and air handling units.
C. Chiller water temperature controller.
D. Control panel (s).
E. Electric Heaters.
Ice Storage Tanks.
G. Magnatek variable frequency drive for primary chilled water.
H. Magnatek variable frequency drive for outside air unit.
VI. OTHER SERVICES TO BE INCLUDED FOR EQUIPMENT (as needed)
A. Painting of equipment to prevent corrosion.
B. Water treatment test and reports, chemical additives.
Insulation repair from incidental damage.
D. Evaporator tube cleaning.
E. Replacement of filter media on a monthly basis.
VII. TRACER SYSTEM EQUIPMENT INCLUDED;
A. TRACER
1- Tracer 1001
1-Modem
1- CRT
1- Printer
7- Programmable Control Module (PCM)
12- Air Diff Press Switch
12- Duct Temp Sensor
1- Water Diff Press Sensor
10- Relay
2- Well Temp Sensor
4- Water Diff Press switch
1- Ice Tank Temp Sensor
6- Outside Air Damper Operator
6- Face and bypass Damper Operator
6- AHU chilled water Valve Operator
1- Ice Tank Loop Control Valve Operator
1- Secondary Loop Control Valve Operator
6- Space Temp Sensor
7- Outside Air Temp Sensor
VIII. TRACER MAINTENANCE (minimum 4 ames per year, unless noted
otherwise)
A, Parts and Labor Coverage.
1. Replace or repair corresponding parts at no additional charge.
B. Inspect the Tracer unit.
1. Check for loose or damaged parts or wiring.
2. Verify that manual override switches are in desired position.
3. Verify system security (S1) is in desired position.
4. Verify that dip switches are in desired position.
C. Check the Systems Set-up Menu.
1 .Time and Dates.
a. Check Date.
b. Check Time.
c. Verify/adjust daylight saving set up.
2. Configuration Menu.
a. Verify port baud rates.
b. Verify logging port.
c. Verify alarm port.
d. Verify modem set up.
D. Review Event Log.
1. Inspect alarm events.
2. Inspect control events.
E. Review Building Status. 1. Check for any control output point overrides.
2. Verify that the manual operator override switches are set as desired.
F. Report and Summaries.
1. Review trends log printing.
2. Review event log printing.
G. Building Control Menu.
1. Check zone set points.
2. Review time of day scheduling.
3. Inspect trend log.
H. Check cathode ray tube (CRT).
1. Review setup and function key operation.
2. Check for loose terminal connections.
Io Check printer operation.
1. Vacuum interior of printer.
2. Install new ribbon if necessary
3. Run self test.
4. Check cooling fans.
J. Check modem operation.
1. Verify correct dip switch setting.
2. Check for loose terminal connections.
K. Perform power supply check out.
L, Periodically perform a database backup semi-annually.
1. Protection against data loss.
2. Availability of current backup data.
3. Peace of mind.
M. Replace the battery on the memory card annually.
N. Check preselection analog input/output and binary/output points annually.
O. Air handler control.
1. Calibrate chilled water and/or inlet guide vane actuators annually.
2. Check fan status differential pressure sensor.
3. Check dirty filter differential pressure sensor°
P. Chiller control.
1. Confirm position of HOA switch.
2. Inspect operating status of pumps, fans and cooling towers, if applicable.
3. Verify position of chiller UCP local/remote switch.
4. Check chilled water rest program, if applicable.
5. Verify correct ice making modes of operation.
6. Check event log for the chiller plant diagnostic codes.
Q. On-line service via modem.
1. Troubleshooting.
2. Programming assistance.
3. Consultation.
R. Software revision.
1. Mandatory revisions; furnished and installed at no charge.
2. Options revisions; furnish and installed at a reduced billing price.
3. Database modifications; provided at a regular billing price.
S. Priority service.
1. Guaranteed priority service during regular working hours ( Monday through
Friday, 7:00 A.M. to 6:00 P.M.). Response time shall not exceed Two (2) hours.
2. Non-priority service response time shall not exceed Five (5) hours.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # /O/~- REGULAR MEETING OF FEBRUARY 17, 1998
ORDINANCE NO. 47-97 (REZONING FOR A PORTION OF THE YAKE
PROPERTY/WIThDRAWN BY APPLICANT)
DATE: FEBRUARY 12, 1998
On January 6, 1998, at the applicant's request, Ordinance No. 47-97
rezoning a portion of the Yake property was continued to the date
certain of February 17, 1998. It was the third request for
postponement. While the Commission approved the continuance, it was
subject to renoticing the application at the applicant's expense and
with the understanding that it was the final continuance. The
applicant would either be prepared to proceed with a formal hearing
on February 17th or withdraw the petition.
Attached is a letter from the applicant's attorney withdrawing the
rezoning application. It is anticipated that the project will be
able to proceed under the current zoning classification of RL (Low
Density Residential/3-6 units per acre).
From a procedural standpoint, the item has been placed on the agenda
to formally accept the withdrawal and close out the ordinance file
for the record.
I recommend that the Commission, by motion, accept the applicant's
withdrawal of Ordinance No. 47-97.
ref:agmemol5
February- 3, 1998
Mrs. Diane Dominguez
Planning & Zoning Director
City of Delray Beach
100 N.W. 1st AveDue
Delray Beach, FL 33444
F~=simile and M&il
561-243-7221
Re: Porten Companies,
Yaks Property
Dear Mrs. Dominguez:
This will confirm that the site plan which is proposed ts so
low in density ~hat the change of zoning is not necessary. Unless
unexpected changes are made in the site plan approval and
regulatory approval process, it iS anticipated that the project
will proceed under the current zoning.
Accordingly, Mr. Porten has authorized me to have the zoning
petition indefinitely removed from the agenda and all further
proceedings may be terminated.
Very truly yours,
~ichael M. Lts~ck
MLK:lek
cc: Scott Porten (Fax and Mail)
ORDINANCE NO. 47-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED RL (LOW DENSITY RESIDENTIAL/3-6
UNITS PER ACRE) DISTRICT IN THE RM-8 (MEDIUM
DENSITY RESIDENTIAL/5-8 UNITS PER ACRE) DISTRICT;
SAID LAND BEING COMMONLY KNOWN AS A PORTION OF THE
YAKE PROPERTY LOCATED APPROXIMATELY 850 FEET EAST
OF U.S. HIGHWAY #1, NORTH OF DENERY LANE, SOUTH OF
ROYAL PALM BOULEVARD, AND IMMEDIATELY WEST OF AND
ADJACENT TO THE INTRACOASTAL WATERWAY, AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP
OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned RL (Low Density Residential/3-5 units per
acre) District; and
WHEREAS, at its meeting of October 20, 1997, the Planning
and Zoning Board for the City of Delray Beach, as Local Planning
Agency, considered this item at a public hearing and voted 3 to 2 to
recommend that the property hereinafter described be rezoned, based
upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of RM-8 (Medium Density
Residential/5-8 units per acre) District for the following described
property:
All that part of Lot 1, Correction Map Showing
Subdivision of Property of Harry Seemiller situated
in Lots 36, I & 3 Section 9, Township 46S, Range
43E, Palm Beach County, Fla., according to the Plat
thereof recorded in the Office of the Clerk of the
Circuit Court in and for Palm Beach County,
Florida, in Plat Book 9, Page 72, Palm Beach County
Records, more particularly described as follows:
Commencing at the northwest corner of Lot 18, Block
"C", of La Hacienda, as shown on Plat recorded in
Plat Book 15, Page 6, Palm Beach County Records;
t'hence North at right angles to the North line of
said Lot 18, a distance of 8 feet to the North line
of alley as shown on Plat of La Hacienda, which is
the point of beginning; from said point of
beginning run North at right angles to the North
line of La Hacienda, a distance of 239 feet, more
or less, to the North line of Lot 1 of said Harry
Seemiller's Subdivision; thence East along the
North line of Lot 1 of said Harry Seemiller's
Subdivision to the West right-of-way line of the
Intracoastal Waterway; thence southerly along the
West right-of-way line of the Intracoastal Waterway
to the North line of La Hacienda; thence westerly
along the North line of La Hacienda to the point of
beginning;
Lots 20 to 27, inclusive, and Lots 29 to 34,
inclusive, Block C; Lots 21 to 27, inclusive, and
Lots 29 to 34, inclusive, Block E; and all of Block
F of La Hacienda, a subdivision in Palm Beach
County, Florida, as per Plat thereof recorded in
Plat Book 15, Page 6, of the Public Records of Palm
Beach County, Florida;
That certain parcel of real property shown on the
Plat of La Hacienda, a subdivision in Palm Beach
County, Florida, as per Plat thereof, recorded in
Plat Book 15, Page 6, of the Public Records of Palm
Beach County, Florida, which parcel is designated
"Lake" and which lies between Lake Avenue N and
Lake Avenue S and which surrounds Block F and Lake
Trail in said Subdivision.
Including lots, blocks, easements, rights-of-way,
streets and alleys as shown on the above described
Plats, as vacated by Resolution No. R-82-17 of the
Board of County Commissioners of Palm Beach County,
Florida, recorded January 22, 1982, in Official
Records Book 3662, Page 1600, of the Public Records
of Palm Beach County, Florida.
- 2 - Ord. No. 47-97
The subject property is located approximately 850
feet east of U.S. Highway #1, north of Denery Lane,
south of Royal Palm Boulevard, and immediately west
of and adjacent to the Intracoastal Waterway;
containing 12.4 acres, more or less.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1997.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 3 - Ord. No. 47-97
M.~,4. ~'RACT
O~.R,~Y GULF STREAM
sw~ SHO~' GOLF CLUB
RM
M~LS.& '/~4CT
CF ,~
N REZONING }
~ (A PORTION OF YAK[ PROPERTY)
CiTY OF' DJ~LRAY Il[ACH, FI.
~,.~um~m; ar Z~:~; OCrP,~'na[~*~ F'ROM: RL (LOW DENSITY RESIOENTIAL) TO: RM (MEDIUM DENSITY RESIOENTIAL)
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY V,~NAGERt~~
SUBJECT: AGENDA ITEM #/0~- REGULAR MEETING OF FEBRUARY 17, 1998
WOODS OF SOUTHRIDGE ROADWAY IMPROVEMENTS AGREEMENT AND
SPECIAL ASSESSMENT DISTRICT
DATE: FEBRUARY 13, 1998
Items 10.B. (Roadway Improvements Agreement) and 10.B.1.
(Resolution No. 15-98 adopting assessment roll) address two
separate actions necessary to implement the Woods of Southridge
roadway improvements project.
The agreement for roadway improvements between the City and the
Woods of Southridge Homeowner's Association provides that the City
will be responsible for all road construction and inspection
services. Once the roads are completed, the City will assume the
maintenance obligation. In return, the Association will pay the
City two-thirds of the total project cost which is estimated at
$275,456.00. The agreement calls for an initial payment of
$55,000 to the City, with $40,000 being paid upon Commission
approval of the assessment district and $15,000 no later than
March 17, 1998. The remaining sum will be collected from the
individual property owners through the Woods of Southridge Special
Assessment District.
Resolution No. 15-98 is the authorizing mechanism to establish the
Woods of Southridge Special Assessment District. It has been
advertised for and requires a public hearing.
Recommend approval of the Agreement for Roadway Improvements in
the Woods of Southridge Subdivision and, by separate motion,
approval of Resolution No. 15-98 certifying and adopting the
assessment roll for the Woods of Southridge Special Assessment
District.
ref:agmemo20
[IT¥DELRRV BEK H
CITY ATTORNEY'S OFFICE~^~.,_~~°° ,~w ,~, ~o?~?~..,~^"~. ,~,..,,¥ ,,~^~,,, ._o,~,~^ .~
Writer's Dire. ct Linc: (561) 243-7090
DELRAY BEACH
Ali. America City M~MO~~
1993
TO: City Commission
FROM: David N. Tolces, Assistant City Attorne~
SUBJECT: Agreement for Roadway Improvements - Woods of Southridge
Subdivision
The attached agreement is to be entered into between the City and the Woods of
Southridge Homeowner's Association. Pursuant to the agreement, the City will
reconstruct the roads as shown on the attached map. In return, the Association shall
contribute $55,000.00 to the City to cover a portion of the costs of the improvements. A
payment of $40,000.00 will be made at the time the Commission approves the
agreement, and the remaining $15,000.00 will be paid no later than March 17, 1998.
The City will be responsible for all road construction and inspection services. Once the
roads are completed, the City will assume the maintenance obligation for the roads.
If you have any questions, please call.
DNT:smk
Attachment
cc: Oavid T. Harden, City Manager
Alison MacGregor Harry, City Clerk
Randal Krejcarek, City Engineer
soridge6.dnt
Pr/r~ted o~ ~ecy,cted Paper
AGREEMENT FOR ROADWAY IMPROVEMENTS
IN THE WOODS OF SOUTHRIDGE SUBDMSION
THIS AGREEMENT for roadway improvements within the Woods of Southridge
Subdivision, hereinafter referred to as the "Agreement" is made and entered into this __ day
of , 1998, by and between the CITY OF DELRAY BEACH, a Florida
municipal corporation, hereinafter referred to as the "City" and the WOODS OF
SOUTHRIDGE HOMEOWNER'S ASSOCIATION, hereinafter referred to as the
"Association".
WITNESSETH:
WHEREAS, the parties hereto are desirous of joining together in participating in the
mutual redevelopment and improvement of the streets located within the Woods of Southridge
Subdivision; and
WtIEREAS, the roadway improvements are to include the reconstruction and paving
of the following streets: S.W. 8th Avenue commencing approximately 300 feet north of
Linton Boulevard; Southridge Road from S.W. 10th Avenue to its current terminus; Sundy
Avenue; Ella Street; Bessie Street; Douglass Avenue; Zeder Avenue and Benjamin Avenue,
hereinafter referred to as the "Project"; and
WHEREAS, each of the parties hereto are desirous of identifying the roles that each
will play in the roadway improvement project, as well as their respective financial
responsibility and contributions therefor.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, the parties hereby agree as follows:
1. ,Ss~. The parties hereto contemplate that the Project shall consist of
the reconstruction and paving of the following roads: S.W. 8th Avenue commencing
approximately 300 feet north of Linton Boulevard; Southridge Road from S.W. 10th Avenue
to its current terminus; Sundy Avenue; Ella Street; Bessie Street; Douglass Avenue; Zeder
Avenue and Benjamin Avenue. The total estimated cost for the project is $275,456.00.
Subject to the terms of this agreement, the parties hereto hereby agree that their respective ·
obligation for participation in the payment for the Project is as set forth in this Agreement.
2. Roadway Construction. The CITY shall provide all contract administrative
services for the roadway improvements to be accomplished thro~, ghout the Project.
3. Ma~tf, aaa~. The CITY agrees to provide maintenance in perpetuity for the
roadway improvements upon completion of the construction.
5. Final Aeee_ntance. Upon completion of the project, the CITY shall certify final
completion and final costs for the project.
6. Association Obligations. The ASSOCIATION agrees to pay the CITY two-
thirds of the total Project cost. The payment shall be made as follows:
A. $40,000.00 upon the City Commission approval of the Woods of Southridge
Special Assessment District,
B. $15,000.00 no later than March 17, 1998, and
C. The remaining sum shall be collected from the individual property owners
through the Woods of Southridge Special Assessment District. The assessment
shall be paid either in one lump sum on a lot by lot assessment, or over a ten-
year period at 8 % interest.
?. City_ Limitation. The ASSOCIATION acknowledges that other properties
which will not be included in the special assessment district have right of access to the streets
to be improved as part of the Project. The ASSOCIATION further acknowledges that once
the City Commission approves the special assessment district, no other property owners may
be required to contribute to the district.
8 Notice. Any notice required to be given hereunder shall be given by
personal delivery, by registered mail, or be registered expedited service at the addressees as
specified below, or at such other addresses as may be specified in writing by the parties
hereto, and any such notice shall be deemed received on the date of delivery.
CITY: City of Delray Beach
100 N.W. First Avenue
Delray Beach, Florida 33444
Attention:
ASSOCIATION: Woods of Southridge Homeowner's Association
Craig ~I. Kruempel, President
6020 N. Federal Highway
Boca Raton, Florida 3348?
9. Governin_~ Law. This agreement shall be construed and governed in
accordance with laws of the State of Florida and in the event of any litigation hereunder, the
venue for any such litigation, shall be in Palm Beach County, Florida. All of the parties to
this agreement have participated fully in the negotiation and preparation hereof and,
3
accordingly, this agreement shall not be more strictly construed against any one of the parties
hereto.
10. ~. This Agreement shall be binding on both parties, and their
successors and assigns.
IN WITNESS WHEREOF, the parties hereto entered into this Amendment as of this
day and year first above written.
WITNESS: WOODS OF SOUTHRIDGE HOMEOWNER'S
ASSOCIATION
By:
(Signature of Witness) Print or Type Name:
(Signature printed or typed) (SEAL)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this . day of ,
1998 by (name of person acknowledging), who is
personally known to me or who has produced (type of identification)
as identification and who did (did not) take an oath.
Signature of Notary Public
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Jay'AiP~rin, Mayor
4
Approved as to Form and
Legal Sufficiency:
David N. Tolces
Assistant City A/tomey
The action before the Board is making a recommendation to the City Commission on a
rezoning request from RL (Low Density Residential) to RM (Medium Density
Residential) for a portion of the Barbara Yake property, located approximately 850 feet
east of U.S. 1, north of Denery Lane, south of Royal Palm Boulevard (extended) and
immediately adjacent to the Intracoastal Waterway. A legal description of the property
is found in Appendix "A" of this report. The subject parcel represents approximately
12.4 acres of the 17.5 acre Yake property.
Pursuant to LDR Section 2.2.2(E), the Local Planning Agency shall review and make a
recommendation to the City Commission with respect to the rezoning of any property in
the City.
The 17.5 acre Yake property, along with a number of other enclaves in the area, was
annexed into the City on December 13, 1988, and was given a zoning designation of
RM-6 (Medium Density, six units per acre). When the Citywide rezonings were
adopted in 1990 the northern 2 +/- acre piece (immediately east of Royal Palm Blvd.)
was rezoned to RM, allowing for 6 to 12 units per acre, and the remaining portion was
rezoned to RL, allowing for 3-6 units per acre.
When the property was annexed, it became part of the Community Redevelopment
Area, which was expanded in 1987 to include residential areas adjacent to the North
Federal Highway corridor. In 1993 the property was proposed for development as the
Anchorage, a single family subdivision, however formal plans for that development were
never processed.
The North Federal Highway Corddor is an important gateway to the City of Delray
Beach. Economic revitalization of the corddor and the redevelopment of blighted ,..
properties in the area are objectives of both the CRA Plan and City's Comprehensive
Plan. The Community Redevelopment Agency has been charged with the primary
responsibility for promoting the revitalization of the area. In 1994, the CRA adopted the
North Federal Highway Improvement Program as part of its Community Redevelopment
Plan. Due to comments from area residents, property owners, and business owners
regarding the slow pace of redevelopment in the area, the City added language to the
Comprehensive Plan in 1995 that defines the area as "blighted." Comprehensive Plan
Future Land Use Element C-1.6 calls for the preparation of an improvement
(redevelopment) plan for the Federal Highway Corridor by the CRA, with assistance
from the City's Planning and Zoning Department. Among the items to be included in
the improvement plan are provisions for increased residential densities adjacent to the
P&Z Board Staff Report
Rezonin§ of Yake Property from RL to RM
Page 2
Intracoastal Wate~vay (ICWW), providing for economic stimulation and investment in
the area, and the clustering of smaller businesses in concentrated areas. The full text
of FLUE Policy C-1.6 is included on page 5 of this report.
In 1996, the CRA and Planning Department staffs prepared a redevelopment plan for
the North Federal Highway area. The plan proposed changes in the zoning regulations
for the commemial corridor between Dixie and Federal Highways, in order to allow
certain limited light industrial type uses in addition to the commercial uses. It also
proposed the creation of a High Density land use and zoning classification that would
allow residential densities of up to 18 units per acre, provided that specific performance
standards were met. The High Density designation was to be applied to the entire 17.5
acre Yake parcel, in order to encourage the development of a high-end project that
would attract new residents to the area. The changes to the commercial area were
adopted. However, the plan itself, including the proposed changes to the ¥ake
property, was not approved.
The Yake property is currently under contract to be purchased by Porten Realty. The
company is requesting that the southern 12.4 acres be rezoned to RM, to allow that
part of the property to be developed at the same density as the northern portion.
The development proposal is the rezoning of 12.4 acres of the Barbara Yake property
to RM, Medium Density Residential. This zoning designation would allow a range of six
(6) to twelve (12) dwelling units per acre. Pursuant to recent amendments that were
made to the RM zoning distdct regulations, density increases above 6 units per acre
would be permitted only upon achieving performance standards that are intended to
mitigate the impacts of the increased density. Consistency with those performance
standards would be evaluated at the time of site plan approval. The applicant has
stated that the intended development of the property is luxury townhomes.
REQUIRED FINDINGS (Chapter 3):
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form that is part of
the official record. This may be achieved through information on the application,
the staff report, or the minutes. Findings shall be made by the body that has the
authority to approve or deny the development application. These findings relate
to the following four areas.
Future Land Use Map: The use or structures must be allowed in the zoning
district and the zoning district must be consistent with the FLUM designation.
P&Z Board Staff Report
Rezoning of Yake Property from RL to RM
Page 3
The underlying Future Land Use Map designation of the property is Medium Density
Residential, 5 to 12 units per acre. The RM zoning distdct is consistent with the FLUM
designation.
Concurrency: Facilities that are provided by, or through the City shall be
provided to new development concurrent with the issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established in the Comprehensive Plan.
The specific areas for concurrency findings are described below.
TraffiC:
The current FLUM designation allows for development of the subject property at a
maximum density of 12 units per acre. The current zoning allows for a maximum
density of 6 units per acre, which would permit up to 74 dwelling units. At the traffic
generation rate of seven trips per multi-family unit established by the Palm Beach
County Traffic Performance Standards Ordinance, development under the current RL
zoning could generate a maximum of 518 average daily trips (ADT).
The proposed RM designation would allow for a maximum of 148 units, or 1,036 daily
trips. Thus, the net increase in potential trip generation from this proposal is 518 ADT.
The roadways that will be most impacted by traffic from this development are Federal
Highway, George Bush Boulevard, and Palm Trail. Federal Highway, a 4-lane, divided
Highway has a capacity of 31,100 ADT at level of service (LOS) "D." The segment from
George Bush Boulevard to Gulfstream Boulevard (Boynton Beach) currently carries
20,124 ADT. George Bush Boulevard has a capacity of 14,300 trips and current
volumes average 7,243 daily trips. Traffic counts are ~not available for Palm Trail,
however, the expected volumes will not impede the capacity of the roadway (14,300
ADT). Thus, all of the affected roadways have adequate capacity to accept the
additional traffic from this development.
The traffic study that was submitted in conjunction with the rezoning indicates that the
proposed project will have access only at the south end of the property, directly off of
Palm Trail. Palm Trail functions as a local read, serving a residential neighborhood that
is developed at Iow and medium densities. While sufficient capacity exists to handle
the additional volume, there are concems about adding approximately 1,000 trips onto
this local roadway. It is staff's position that this project needs to have at least one other
access point, both to mitigate the impacts on Palm Trail, and to divert a portion of the.
trips onto the North Federal Highway business corridor. Staff has been working with
the developer to ensure that an additional access point is provided from one of the
other local roads which abut the property (N. Palm Trail, Royal Palm Boulevard, Lake
Avenue North, or Lake Avenue South).
The City will require the submission of a more detailed traffic study with a site plan for
the development of the subject parcel.
P&Z Board Staff Report
Rezoning of Yake Property from RL to RM
Page 4
Water:
The City's water treatment plant has a capacity of 27.2 million gallons per day (mgd).
Current peak demand for the plant is 16.3 mgd. The City's adopted peak level of
service (LOS) is 263 gallons per capita per day (gpcpd). The peak demand for the
plant is estimated as 21.9 MGD at build-out. This estimate was based upon underlying
Future Land Use Map (FLUM) designations, which are not changing with this project.
The proposed rezoning adds a maximum of 74 units, or approximately 162 new
residents (2.19 occupants per unit) to the City's build out population. The plant has
sufficient capacity to accommodate that additional demand.
Existing City 8" water lines end at the property lines of the site in the Palm Trail, Lake
Avenue North, and Lake Avenue South rights-of-way. No off site water improvements
should be required for development of the subject property.
Sewer:
The South Central Wastewater Treatment Plant has a capacity of 12 million gallons per
day (mgd) allocated to the City. Current peak demand for the City is 8.56 mgd, and the
projected peak demand at build out is 9.05 mgd. Again, this estimated demand is
based upon underlying FLUM designations. The plant has sufficient capacity allocated
to the City to accommodate the additional demand created by the rezoning.
Drainage:
The proposed rezoning will not significantly affect drainage LOS for the South Florida
Water Management District (SFWMD). Any proposed development of the site must be
reviewed by the SFWMD to ensure compliance with that agency's standards.
Solid Waste:
The proposed rezoning will permit a maximum of 74 additional units. The Solid Waste
Authority (SWA) estimates that a residential unit generates 1.99 tons of solid waste
annually. The maximum 147 tons per year generated by the additional units will not
affect LOS for solid waste disposal. Any proposed development of the site will be
reviewed by the SWA for compliance with concurrency requirements.
Parks and Open Space
The Delray Beach Comprehensive Plan Open Space and Recreation Element indicates
that the City has met the adopted level of service for parks and recreational facilities for
the ultimate build-out of the City. Build-out is based upon the maximum development
potential given the underlying FLUM designations. The rezoning does' not affect that
estimate. It is noted that a $500.00 per unit park impact fee is required for each
dwelling unit constructed in the City. That fee is collected upon issuance of building
permits.
P&Z Board Staff Report
Rezoning of Yake Property from RL to RM
Page 5
Consistency: Compliance with the performance standards set forth in Article 3.3
shall be the basis upon which a finding of overall consistency is to be made,
Other Objectives and Policies found in the Adopted Comprehensive Plan may be
used in the making of a finding of overall consistency.
A review of the Goals, Objectives, and Policies of the adopted Comprehensive Plan
and the proposed (transmitted to the State but not yet adopted) new Comprehensive
Plan was made, and the following applicable policies were identified.
Future Land Use Element Policy C-1.6 (adopted Comp Plan); C-1.4 (proposed
Comp Plan): The following pertains to the North Federal Highway Corridor:
The North Federal Highway Corridor is defined as the area bounded by the FEC
Railroad to the west, the easterly boundary of the CRA to the east, George Bush
Boulevard to the south, and the north City Limits to the north.
Properties in the corridor that front on Federal Highway primarily contain small
scale, strip commercial development. Many parcels in the area contain vacant or
dilapidated structures, substandard parking, and substandard landscaping. The
area also contains residential areas identified as "Stabilization" and "Stabilization
and Revitalization" on the Residential Neighborhood Categorization Map
contained in the Housing Element. Many of the remaining parcels are currently
vacant.
Due to those conditions, the North Federal Highway Corridor is hereby identified
as a blighted area. The CRA will be the lead agency for the preparation of an
Improvement Program for the North Federal Highway Corridor. The City, through
its Planning and Zoning Department will provide support and assistance to the
CRA in the preparation of the North Federal Highway Corridor Improvement
Program. The program will, at a minimum, address the following issues:
· Improvement of the appearance of the area;
· Identification of appropriate uses for parcels adjacent to Dixie Highway and
the FEC Railroad tracks;
· Identification of and strategies for elimination of inappropriate and marginal
uses;
· Provision for increases in permitted residential densities adjacent to the
Intracoastal Waterway;
· Directing smaller businesses to more concentrated areas;
· Providing economic stimulation and investment in the Area;
· Creation of jobs; and,
· Stabilization and preservation of residential neighborhoods through new
development redevelopment and the elimination of blight.
The plan will be completed in FY 97/98.
P&Z Board Staff Report
Rezoning of Yake Property from RL to RM
Page 6
One of the principal goals of the improvement plan is to stimulate the revitalization of
the North Federal Highway Corridor by encouraging new residential development. The
above referenced policy specifically identifies the use of density increases for
properties located along the Intracoastal Waterway as a means of stimulating new
residential development. The increased densities will provide incentives for developers
to create new housing opportunities in a relatively depressed residential area. The new
residential development would help to stimulate commercial development along Federal
Highway by creating demand for goods and services in the area. Increased density
would also help to reverse the declining traffic counts on Federal Highway that hinder
commercial redevelopment. Thus, the proposed rezoning helps to fulfill two items
included in Policy C-1.6: provision for increased density adjacent to the Intracoastal
Waterway and encouraging economic stimulation and investment in the area.
The North Federal plan has been on hold since last year, however, staff will be
revisiting it in November. This parcel will continue to be a key component of the plan.
Conservation Element Policy B-2.2 (adopted and proposed Comp Plans)
Whenever and wherever significant or sensitive flora and fauna are identified,
they shall be preserved as if they were environmentally sensitive areas as
formally identified in Objective B-I.
An environmental study of the entire 17.5 acre site has been conducted. There are
areas of mangroves on the portion of the property that is to be rezoned, some of which
have already been impacted by previous cleadng activities on the site. Those at the
southern end of the property are in good condition and are to be preserved and
enhanced through sensitive site planning. That area of mangroves will be increased
from approximately six-tenths of an acre to one acre in size. There are additional
wetland areas of lesser quality that are to be filled subject to off-site mitigation. That
mitigation will take place through the enhancement of wetlands .on the City-owned
conservation tract located on the Intracoastal Waterway, soUth of the Yake property.
The preservation, enhancement, and mitigation activities will be addressed in greater
detail through the site plan process. The rezoning itself does not create an additional
impact on the environmental features, rather, the site plan will dictate the extent and
nature of the impact and the required mitigation. [For example, the 1993 plan for Iow
density single family development of this site was more impacting than what is currently
being contemplated, in that it included a plan for the dredging of canals through the
property in order to create additional waterfront lots. ]
Land Use Element Ob_iective A-1 (adopted and proposed Comp Plans): Vacant
property shall be developed in a manner so that the future use and intensity is
appropriate in terms of soil, topographic, and other applicable physical
considerations, is complementary to adjacent uses, and fulfills remaining land
use needs.
P&Z Board Staff Report
Rezoning of Yake Property from RL to RM
Page 7
As stated under Conservation Policy B-2.2, there are areas of environmental sensitivity
on the site which are to be preserved and/or mitigated through the site plan process.
With regard to the requirement that the project be complementary to adjacent uses,
refer to the discussion below (under LDR Section 3.3.2, Standards for Rezoning
Actions). In terms of fulfilling remaining land use needs, the increased density will help
to fulfill the stated objectives of the North Federal Highway plan, by encouraging new
residential development in the area and providing an additional consumer base for
nearby businesses.
LDR Section 3,2.2 (Standards for Rezoning Actions): The applicable performance
standards of Section 3.2.2 are as follows:
D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land uses both existing and proposed; or
that if an incompatibility may occur, that sufficient regulations exist to properly
mitigate adverse impacts from the new use.
In terms of adjacent uses, the following are the characteristics of the surrounding
properties:
East The property is bordered on the east by the Intracoastal Waterway.
Across the ICWW (approximately 300 feet), within the jurisdiction of the Town
of Gulf Stream, is a basin that is approximately 600 feet in depth. It is bordered
by single family homes built on large lots. To the north of those homes is the
Gulf Stream golf course.
South- Immediately to the south are single family homes with an
underlying Medium Density FLUM designation and RL zoning classification.
South of those properties is the City-owned conservation site (Open Space-
Conservation FLUM and zoning designation). Further south, along both sides of
Palm Trails, the development pattem is pdmadly that of multiple family apartment
and condominium complexes (Medium Density FLUM and RM zoning), with a
portion of R-1-A zoning immediately south of the City-owned property.
West - Immediately west of the subject property is the La Hacienda
subdivision, and a portion of a landscape nursery. This area has an underlying
FLUM of Medium Density, and is zoned RL (Low Density Residential). The
development pattern is a combination of single family, duplex, and multi-family
structures on small lots.
North- Immediately north of the subject property is the remaining portion
of the Yake parcel, which has an underlying Medium Density FLUM and is zoned
RM. The property is vacant. North of the Yake propertY is the Snow Hill
subdivision (Allen Avenue and the extension of Palm Trail). This area has a Low
Density FLUM designation and is zoned R-1-A (single family). The pattem of
development in the subdivision is a combination of single family homes,
P&Z Board Staff Report
Rezoning of Yake Property from RL to RM
Page 8
duplexes, and apartment buildings. North of Snow Hill are the Kokomo Key
townhomes, which have an underlying Medium Density FLUM, are zoned RM,
and are developed at 12 units per acre.
As previously noted, the proposed RM density is consistent with the underlying Medium
Density land use designation that applies to the subject property. It is also consistent
with the overall development pattern of the area to the north, south, and west, which is
a combination of single family, duplex, apartment, and condominium structures. As
recently amended, the actual density of a particular RM development is based upon its
ability to achieve certain performance standards, which are intended to mitigate the
impacts of the increased density and ensure that the project is compatible with
surrounding land uses. The standards address issues such as traffic volumes, speed,
and circulation patterns; massing and placement of buildings; landscape buffers and
building setbacks; architectural design; unit types and sizes; preservation of natural
areas; and alternative modes of transportation. When a specific development plan is
submitted, it will be evaluated on the basis of those standards.
With regard to the Iow density homes to the east, they are physically separated by the
Intracoastal Waterway and a private basin. This allows for a distance from the subject
property that ranges between 300 to 900 feet. The impact of the rezoning on those
properties will be purely a visual one. The current RL zoning allows for multi-family
development up to six (6) units per acre, with no requirement to comply with specific
building design standards. The performance standards of the RM district will allow for
greater control over site and building design, and will likely result in a more aesthetically
pleasing project.
In summary, as required by Section 3.2.2, the rezoning will allow for development that
will be compatible with adjacent and nearby land uses, and provides sufficient
regulations to propedy mitigate any incompatibility that may exist.
LDR Section 2.4.5(D) Rezoning Findings:. 'Pursuant to Section 2.4.5(D)(1)
(Findings), in addition to Provisions*of Section 3.1.1, the City Commission must
make a finding that the rezoning fulfills one of the reasons for which the rezoning
change is being sought. These reasons include the following:
a. That the rezoning had previously been changed, or was originally
established, in error;
b. That there has been a change in circumstances which make the current
zoning inappropriate;
c. That the requested zoning is of similar intensity as allowed under the
Future Land Use Map and that it is more appropriate for the property based
upon circumstances particular to the site and/or neighborhood.
P&Z Board Staff Report
Rezoning of Yake Property from RL to RM
Page 9
The applicant has submitted a justification statement which states the following:
"Requested zoning RM is of similar intensity as allowed under the future land use
map. The project will consist of Townhornes that provide high quality
architectural design and features. This will improve what is generally known as a
'blighted' area."
This statement references a particular type of development, that of townhouses, which
is not appropriate to consider during a rezoning hearing. It lists reason "c" as the
applicable justification: that the zoning is of similar intensity as allowed under the FLUM
designation.
The requested zoning is of an intensity that is permitted under the existing FLUM, and
both the RL and RM zoning districts allow for multi-family development. Both the City
and the CRA have recognized that increased density on the Yake property will provide
an important stimulus for the redevelopment of the N. Federal Highway area. Based
upon the improvement program for the North Federal Highway corridor that is described
in Future Land Use Element Policy C-1.6 of the City's Comprehensive Plan, the RM
zoning is more appropriate for this property.
Other Issues
Coastal High Hazard Area
During the previous headng for consideration of the FLUM amendment for this property
to High Density, the issue was raised as to whether or not the increased density would
impede hurricane evacuation times and shelter capacities. The Coastal High Hazard
area is defined by the state as '~he evacuation zone for a category 1 hurricane."
Following staff's review of the Palm Beach County Emergency Management Plan and
the Florida Hurricane Evacuation Study for the Treasure Coast, it was determined that
the Yake property is not in an evacuation zone for a category 1 hurricane. During a
category 1 storm, the only areas in the City which are to be evacuated are mobile home
parks and the barder island (east of the ICWW). This information was confirmed in a
letter from B.T. Kennedy, Jr., who at the time was the Director of the Palm Beach
County Division of Emergency Management. Therefore, it can be concluded that the
additional units permissible under the RM zoning district will not negatively affect
evacuation times and shelter capacity.
The subject property is not in a geographic area requiting review by the Historic
Preservation Board or the Downtown Development Authority.
P&Z Board Staff Report
Rezoning of Yake Property from RL to RM
Page 10
Community Redevelopment Agency:
The Community Redevelopment Agency Board reviewed the rezoning request at its
meeting of September 25, 1997 and recommended that it be approved.
Neighborhood Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject properties. A special notice has been sent to the property owner of record.
Courtesy notices have been sent to the following individuals and groups:
Donald AIIgrove Fred Ebner
United Property Owners North Palm Trail Association
Joan Baccari Richard Eckerle
Beach Property Owners Assoc. Presidents Council
Jean Beer Kris Garrison, Town Manager
PROD (Progressive Residents of Delray) Town of Gulf Stream
Frank Carpenter Alexa McGrady
Palm Trail Association La Hacienda Association
Scott Christiansen Stanley Milosky '
Seacrest Association Allen Avenue
Helen Coopersmith Alex Speer
PROD North Palm Trail Association
Letters of objection or support, if any, will be presented at the p&Z meeting.
The proposed rezoning of the subject 12.4 acre property will provide a consistent
zoning classification for the entire 17.5 acre Yake property, allowing greater flexibility in
the design of a development project. The rezoning is consistent with the direction
outlined in the Future Land Use Element of the Comprehensive Plan for the North
Federal Highway area. The proposed density is consistent with the underlying land use
classifications and development pattern of the surrounding neighborhoods.
Development under the proposed RM zoning classification will be required to conform
P&Z Board Staff Report
Rezoning of Yake Property from RL to RM
Page 11
to specific performance standards that will ensure compatibility with adjacent properties.
As outlined in this report, the proposal meets required findings for the Future Land Use
Map Consistency, Comprehensive Plan Consistency, and Concurrency. Required
findings regarding LDR Compliance do not apply to this rezoning, as there is no specific
development proposal at this time. The Site Plan Review and Appearance Board will
be required to make positive findings with respect to the LDRs and the applicable
performance standards when a site and development application is received and
processed.
;:~.-. - :.~ .... ., --- ~ · . ~: .-~ .~:. :.>- ~. ~< ~>>:.~<< .<<,~+>'~.~' ~ ~: - . - .. . --- ~ ~ . ~ -- .. . ....... ~ .... :
A. Continue with direction.
B. Recommend approval of the rezoning from RL (Low Density Residential) to RM
(Medium Density Residential) for the subject property, based upon positive
findings with respect to LDR Sections 3.1.1 (Required Findings), 2.4.5(D)(1)
(Rezoning Findings), 3.2.2 (Standards for Rezoning Actions), Future Land Use
Element C-1.6 (North Federal Highway Corridor Improvement Program), and other
applicable Goals, Objectives, and Policies of the Comprehensive Plan.
C. Recommend denial of the rezoning request, based on a failure to make positive
findings with respect to specified LDR sections and/or Goals, Objectives, and
Policies of the Comprehensive Plan.
Recommend approval of the rezoning from RL (Low Density Residential) to RM
(Medium Density Residential) for the subject property, based upon positive findings with
respect to LDR Sections 3.1.1 (Required Findings), 2~4.5(D)(1) (Rezoning Findings),
3.2.2 (Standards for Rezoning Actions), Future Land Use Element C-1.6 (North Federal
Highway Corridor Improvement Program), and other applicable Goals, Objectives, and
Policies of the Comprehensive Plan.
Attachments:
· Appendix "A" - Legal Description of Subject Property
· Zoning Map of Subject Property and Vicinity
· Future Land Use Map of Subject Property and Vicinity
S:PLANNI/DOCUME/REPORTS/YAKE.DOC
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
All that part of Lot 1, Correction Map Sowing Subdivision of Property of Harry Seemiller
situated in Lots 36, I & 3 Section 9 Township 46S Range 43E Palm Beach County,
Fla., according to the Plat thereof recorded, in the Office of the Clerk of the Cimuit
Court in and for Palm Beach County, Flodda, in Plat Book 9, Page 72, Palm Beach
County Records, more particularly described as follows:
Commencing at the northwest corner of Lot 18, Block "C", of La Hacienda, as
shown on Plat recorded in Plat Book 15, Page 6, Palm Beach County Records:
thence North at right angles to the North line of said Lot 18, a distance of 8 feet
to the North line of alley as shown on Plat of La Hacienda, which is the point of
beginning, from said point of beginning run North at right angles to the North line
of La Hacienda, a distance of 239 feet, more or less, to the North line of Lot 1, of
said Harry Seemiller's Subdivision, thence East along the North line of Lot 1, of
said Harry Seemiller's subdivision to the West right-of-way line of the Intracoastal
Waterway, thence southerly, along the West right-of-way line of the Intracoastal
Waterway to the North line of La Hacienda; thence westerly along the North line
of La Hacienda; to the point of beginning,
And
Lots 20 to 27, inclusive, and Lots 29 to 34, inclusive, Block C; Lots 21 to 27,
inclusive and Lots 29 to 34, inclusive, Block E; and all of Block F of La Hacienda,
a subdivision in Palm Beach County, Florida, as per Plat thereof recorded in Plat
Book 15, Page 6, of the Public Records of Palm Beach County, Flodda,
And
That certain parcel of real property shown on the Plat of La Hacienda, a
subdivision in Palm Beach County, Florida, as per Plat thereof, recorded in Plat
Book 15, Page 6, of the Public Records of Palm Beach County, Florida, which
parcel is designated "Lake" and which lies between Lake Avenue N and Lake
Avenue S and which surrounds Block F and Lake Trail in said Subdivision.
Including lots, blocks easements, rights-of-way, streets and alleys as shown on
the above described Plats, as vacated by Resolution No. 82-17 of the Board of
County Commissioners of Palm Beach County, Florida, recorded January 22,
1982 in Official Records Book 3662, Page 1600, of the Public Records of Palm
Beach County, Florida. Containing 12.34 acres more or less.
M.S.A. TRACT
DELRAY GULF STREAM
swap shop GOLF CLUB
M.S.A. TRACT
VlNC~N T'S ~
CHURCH LANDINGS
CF-C MDR
M.S.A. TRACT
OS-C
N
~ FUTURE LAND USE MAP
CITY OF' DELRAY e£ACH. Fl_ '(,A PORTION OF YAKE PROPERTY)
PLANNING & ZONING DEPARTMENT
-- OlCll'~.~ ~,~.~E MAP SY~TEId -- MAP R£F: LM180
Mrs. Diane Domingusz
Planning Director
City of Delray Beach
100 N.W. 1st Avenue
Delr&y Beach, PL. 33444
RE: Yaks Prooertv/Porten Com_uanv. Inc. Rezonina
Dear Mrs. Dominguez:
As you ~ow, at ~he Plannin~ ~d Zoning Meeting of October 20,
1997, the ~ard voted to favorably reco~end approval of the re-
zoning application to rezone the 12 acre portion of the Yaks
Property from ~ to ~. The developer displayed a prelimina~ site
plan w~th a~proxlma~el~ 100 un,ts. The ~lic generally
~e proposed 8t~e p~an and rezonlng, bu~ some me--rs of the public
expressed two contel, n~ly:
1. ~en ~hough they liked the proposed sire plan, some were
concerned that changing the ~o~ing might result tn ~e ~aximum of
twelve (12) ~its per acre as op~sed to approximately SiX (6)
units per acre proposed on the s~te plan. In short, the public
wanted assurance that approval did not result in a project w~th the
maximum density of 12 units per acre.
2. As an aside to this project, some me,ers of ~he
expressed disappoint~ent that the City was not addressing a
perceived traffic problem on Son4 Way even though th~s project
would not greatly impact Bond Way. These me,ers of the
were using this p~ltc fo~m and this applies=ion as a means of
get, lng the city's attention directed ~o their "dile~a" even
though th~s proJeo~ did not cause =he~r "dile~a" nor would
severally increa8e ~he~r
which already is zoned ~or u9 to 12 unite per acre (60 un,ts) and
the remaining 12 acres is currently ~oned for up to 6 units
acre (72 ~i~s). Thus, the current zoning woul4 allow
apyroxima~ely 132 units, and the applicant presented a ~lte plan
for a~proX~mately 100. The ~8sue was raised as to whe~er the
developer might, a~ a la~er time, requea~ approval of a different
site plan having a total density equal to the new maximum density
(about 200 units if the zoning a~pl~cation ~s approved} ra~er
the lower density proposed in the site plan. The Develo~r desires
to have the entire proper~y with ~e same density and Eoning
classlfica~ioR~ that would allow greater flex~bility in location
10/$0x97 12:56 ~ 40? 2?8 69~9 LIST[CK ~ KR~LL 85
Mrs. Diane Dominguez -2- October 30, 1997
units, planning for setbacks, and flexibility to deal with
environmental issues, etc. Also, because of mangroves and
enviro~mental issues to be addressed in engineering and at SPRAB,
it may be more difficult to create the best plan for the Bite
unless there is the greater flexibility of RM.
When a prior developer proposed about 300 units for this
project, the residents said "that was too much", but they said they
would support 150-170 ~nits. ! presume that this application with
a suffix of 8 should satisfy them. If that doesn't satisfy them,
nothing will.
Thus, in order to ease the fears of some members of the public
who fear that my client will try to develop the maximum density, my
client has authorized me to offer a "compromise" as an indication
of good faith. Thus, in order to assure that the property is not
built to the maximum density of RM12, the applicant would agree to
a "suffix of 8" so that the zoning designation could beRM8 in lieu
of RM as stated in the application.
The perceived problem of traffic on Bond Way was not created
by this project and cannot be resolved by Ported Properties, Inc.
However, this developer is sympathetic to the voice of residents
along Bond Way and believes that this is a matter to be addressed,
but not as a part of this application. Ported Properties, Inc.
offers reasonable cooperation to help the City and the Bond Way
neighbors to find a solution, since Ported will be a substantial
land owner in the vicinity. However, this project should not be
held captive or delayed because some residents are unhappy about
what they perceive as City inaction about Bond Way.
As yo~ k~ow, Ported Properties, IRc. has an excellent
reputation. The offer of having a rezoning approval with an RM8
designation should b e viewed as evidence that the increase from six
(6) units per acre to a maximum of eight (8) u~its per acre will
not result in an overbuilt site. However, the City should favor
the increase in density to RM8 which would allow more flexibility
to obtain a better site plan as compared to the current zoning.
Also, all parties should have faith in the ability of SPRAB to set
a high standard for the site plan.
Very truly yours,
MICHAEL i~. ~.ISTICK
MML/mlw
The Honorable ,Jay Alperin
Mayor, City of Delray Beach
100 N.W. 1st Avenue .-.
i::)elmy Beach, FL $3444-2698
I~: Yake Property
Dear Mayor Alpedn:
Please be advised of my representation of The North Federal Highway Task Team, The
boundaries of the group are George Bush Boulevard to Gulfstream Boulevard, Dixie Highway to
the Intracoastal Waterway.
As you no doubt are well aware the Planning and Zoning Board by a 3/2 vote approved
the proposed rezoning of 12.4 acres of the Barbara Yake Property to RM. This zoning
designation would allow a range of 6 to 12 dwelling units per acre, and we have been informed
that the proposed applicant, Porten Companies, Inc., intends to limit the development to 8 units
per acre, which of course is less than the 12 provided for the Board's approval .... a pleasant
concession, but not a solution.
Naturally, the approval of the Zoning Board is only advisory to the City Commission and it
is our hope at this time to reassert our opposition to this proposed approval. Following are the
reasons of continued opposition of the residents:
1. The proposed change is totally incompatible with the existing and surrounding
zoning immediately to the West. The subject property is known as La Hacienda, a subdivision
with a development paflem made up of a combination of single family and duplexes.
Unquestionably, there will be an increased residential density in the coastal high hazard area.
2. There does not appear to be any sensitivity nor concern for the resultant
additional drain and strain on the existing school system which already is overburdened with
many portable classrooms. At the very hearing of the Zoning Board, a local teacher testified that
the development of the project as requested would clearly cause a further overburdening and
overstressing of the existing school facilities.
3. To permit development to the degree of density of the requested approval, would
further tax the shelters that are currently overburdened. In the ORC Report (Objections,
Recommendations and Comments Report) dated September 13, 1996 from the Florida State
Department of Community Affairs to the Honorable Jay Alperin, regarding the City of Delray
Beach (96-1A) are as follows:
!. Future Land Use MaD Amendmen~
(a) ~ The City did not provide a justification for the proposed increase in
residential density with the coastal high hazard area and did not provide data and
analysis demonstrating the potential impacts to evacuation times and potential
shelter space that would be affected (Rule 9J-5.0C)6(3)(b)5, 9J-5.0C)6(3(b)5, and
9J-11.007(1), F.A.C.).
(b) Recommendation; Provide a justification for the proposed increase in residential
ensity within the coastal high hazard area and provide data and analysis
demonstrating the potential impacts to evacuation times and potential shelter
space that will be affected. If the impacts associated with the increase in
residential density has a negative affect on evacuation times and/or shelter space,
the City should withdraw the amendment.
4. A further concern is the substantial increase in the traffic volume and pattern
which could cause severe risk of bodily harm to residents in the existing communities that are
west of the proposed development. It would be a tragedy to suffer a loss of either an adult or a
child's life before the legitimacy of this concern is fully understood.
5. While the current developer has expressed a willingness to limit the development
to 8 units per acre, there is sincere concern that if a new developer comes in he may well not be
willing to abide by that limitation and it is clear that such agreement is not necessarily a covenant
that would run with the land.
While it is a positive concept to increase the tax base and the density of Delray, it should
be done in a manner that the City shows cooperation with the Florida State Department of
Community Affairs and will eliminate any hazards that could be created for all residents East and
West of the intracoastal waterway especially during emergencies.
We look forward to appearing before your Board of Commissioners and we thank you for
considering this letter and that which you will hear from members~f my group at the Commission
--ting. lam available at all times to you and any representafi, of tl'ie-Cit.~f l:::~l~y to discuss
this matter further. I am,I: ,~////, ~...
~CWmd
cc: Michael LMick. Esq.
City of Deiray'Beach Commissioners
Planning and Zoning Board
The Honorable William F. Koch, Jr.
Kris Garrison, Town Manager, Gulfstream
Diane Dominguez, Director of Planning and Zoning
ALA.N C. JCA~ &ASSOC3ATT, S, P.A. THF. PLAZA, $355 TO~N' CI;N'TGB, ROA,D STJI]r. 1102
BOCA i~TON, FLO]G]:~ 33486 7v-~-~-PHON~ ($61) 394-7600 FAX ($61) 3S.L.O891
Alex Speer, North Palm Trail Homeowners Association
Joan Vaccari, Delray Beach Property Homeowners
North Federal Highway Task Team
DCA
North and South Lake Associa§on
ALAN C. IC~UFFMAN &ASSOCIA'IT~, P.A.'rl~ ~ ~$ TC)WNCENTER~ ~ 1102
BO~s RATC)N. PLC)RZDA 3~486 ~ONE (561) 394-7600 FAX (561) 394-0891
November 4, 1997
TO WHOM IT MAY CONCERN:
I reside at 815 Palm Trail, Unit #1, Delray Beach. I strongly
favor the development of the Yake Property into townhomes as
proposed by Porten Properties, Inc. I believe the density cap of
8 units per acre is sufficient and that townhomes is a good use of
the property and shall improve the area. I do not believe that
there will be a substantial increase in traffic on Palm Trail.
Very trul¥~urs,
ANN TAYLOR
AT/mlw
CITY MANAGER ~ f
FROM: DIANE DOMINGUEZ, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: CHANGE OF ZONING FOR A PORTION OF THE YAKE PROPERTY FROM
RL (LOW DENSITY RESIDENTIAL, 3-6 UNITS PER ACRE) TO RM-8
(MEDIUM DENSITY RESIDENTIAL, 5-8 UNITS PER ACRE)
The item before the Commission is the rezoning of approximately 12.4 acres of the 17.5 acre
Yake property from RL to RM-8. The property is located approximately 850 feet east of U.S. 1,
north of Denery Lane, south of Royal Palm Blvd., and immediately adjacent to the Intracoastal
Waterway. The full background and analysis of the request is contained in the attached P & Z
staff report. The applicant had originally requested a zoning of RM without a suffix, but has
amended the application to RM-8 (see attached letter from the applicant's attorney, Michael
Listick).
The Planning and Zoning Board held a public hearing on the rezoning request to RM (6-12 units
per acre) on October 20, 1997. Several members of the public were in attendance and spoke
regarding the requests. Their concerns related primarily to traffic (particularly on Bond Way),
and to the compatibility of the proposed density with adjacent residential areas. The Board
voted 3-2 (Carbone and Bird absent) to recommend approval of the rezoning to RM.
Subsequent to the Board's action, the applicant and his attorney met with Planning and Zoning
staff to discuss the proposed development. The proposed project density is well below the
maximum permitted by the RM zoning; therefore, they have amended their application by
requesting that a suffix of "8" be added to the RM classification. This will limit the density of any
development that is proposed for this property to no more than eight (8) units per acre, thus
reducing the potential traffic and other impacts of the additional potential units.
By motion, approve the change of zoning for the 12.4 acre portion of the Barbara Yake property
from RL (Low Density Residential) to RM-8 (Medium Density Residential, 6-8 units per acre).
Attachments: ! ~ ~ ~
· P & Z Staff Report of 10/20/97 .~ , ,~ -~ ~ . ,~'~
· Letter From Applicant's Attorney, Michael M. Listick ,'~)~,~q/q,-~ ..~~//~~ .' ~c'~'g~/'f'
PROJECT NAME: BARBARA YAKE
LEGAL DESCRIPTION:
All that part of Lot 1, Correction Map Showing Subdivision of Property of Harry
Seemiller situated in Lots 36, 1 & 3 Section 9 Township 46S Range 43E Palm
Beach County, Fla., according to the Plat thereof recorded, in the Office of the
Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 9,
Page 72, Palm Beach County Records, more particularly described as follows:
Commencing at the northwest corner of Lot 18, Block "C", of La Hacienda, as
shown on Plat recorded in Plat Book 15, Page 6, Palm Beach County Records:
thence North at right angles to the North line of said Lot 18, a distance of 8 feet
to the North line of alley as shown on Plat of La Hacienda, which is the point of
beginning, from said point of beginning run North at right angles to the North line
of La Hacienda, a distance of 239 feet, more or less, to the North line of Lot 1, of
said Harry Seemiller's Subdivision; thence East along the North line of Lot 1, of
said Harry Seemiller's subdivision to the West right-of-way line of the Intracoastal
Waterway; thence southerly along the West right-of-way line of the Intracoastal
Waterway to the North line of La Hacienda; thence westerly along the North line
of La Hacienda; to the point of beginning,
And
Lots 20 to 27, inclusive, and Lots 29 to 34, inclusive, Block C; Lots 21 to 27,
inclusive and Lots 29 to 34, inclusive, Block E; and all of Block F of La Hacienda,
a subdivision in Palm Beach County, Florida, as per Plat thereof recorded in Plat
Book 15, Page 6, of the Public Records of Palm Beach County, Florida,
And
That certain parcel of real property shown on the Plat of La Hacienda, a
subdivision in Palm Beach County, Florida, as per Plat thereof, recorded in Plat
Book 15, Page 6, of the Public Records of Palm Beach County, Florida, which
parcel is designated "Lake" and which lies between Lake Avenue N and Lake
Avenue S and which surrounds Block F and Lake Trail in said Subdivision.
Including lots, blocks, easements, rights-of-way, streets and alleys as shown on
the above described Plats, as vacated by Resolution No. R-82-17 of the Board of
County Commissioners of Palm Beach County, Florida, recorded January 22,
1982 in Official Records Book 3662, Page 1600, of the Public Records of Palm
Beach County, Florida. Containing 12.1975 acres more or less.
SOURCE of Legal Description: Survey (copy attached)
VERIFIED BY: DATE:
VERIFICATION REQUEST NEEDED BY:
LEGAL DESCRIPTION IN ORDINANCE (NO) VERIFIED PRIOR TO SECOND
READING:
VERIFIED BY: DATE:
VERIFICATION REQUEST NEEDED BY:
REF/LEGYAKE
£1T¥ D;: DELRR , BERTH
CITY ATTORHEY'S OFFICE
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
lll.l~rica City
DATE: February 4, 1998
1993
TO: City Commission
FROM: David N. Tolces, Assistant City Attorne~
SUBJECT: Woods of Southridge Special Assessment District - Resolution Adopting
Assessment Roll
The attached resolution, if adopted, will authorize the establishment of the Woods of
Southridge Special Assessment District ("District"). The District is being established in
order to defray a portion of the cost for the construction of the concrete roads within the
District as shown on the attached map. Currently, the roads are concrete and the City
does not maintain the roads. Following construction, the City will have the maintenance
responsibilities for the roads shown on the map.
The total estimated cost for the reconstruction is $275,456.00. This includes the
removal and reconstruction of the roads. The Association agreed to pay two-thirds of
the cost and will contribute $55,000.00 up front pursuant to the agreement to be
considered by the City Commission. This leaves approximately $129,556.000 to be
collected from the 139 parcels. Based on these numbers, the City will assess each lot
$932.06. For property owners who own more than one lot, the assessment is multiplied
by the number of lots owned.
At the conclusion of the construction, the City Commission will consider a final
resolution accepting the construction as complete and confirming the assessments. The
property owners will then have 30 days to pay the assessment in one lump sum. The
property owners may also pay the assessment in ten annual installments at an interest
rate of 8%. The City's Finance Department will administer the collection of the
assessments.
It is anticipated that construction will take approximately 90-120 days. The City
Commission granted the contract to Almazon Bros. Trucking at its December 2, 1997
Printed or~ Recycled Paper
City Commission
February 4, 1998
Page 2
meeting. If the Commission authorizes the establishment of the District, the Mayor will
sign the construction contract and construction may commence.
If you have any questions, please call myself, or City Engineer Randal Krejcarek.
DNT:srnk
Attachments
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Randal Krejcarek, City Engineer
sofidge7.dnt
RESOLUTION NO. 15-98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PROVIDING FOR THE
CERTIFICATION AND ADOPTION OF THE ASSESSMENT ROLL
FOR THE WOODS OF SOUTHRIDGE SPECIAL ASSESSMENT
DISTRICT TO INCLUDE THOSE PROPERTIES WITHIN THE
SOUTHRIDGE PLAT LOCATED GENERALLY ON SOUTHRIDGE
ROAD, S.W. 8TH AVENUE, SUNDY AVENUE, ELLA STREET,
BESSIE STREET, DOUGLAS AVENUE, ZEDER AVENUE AND
BENJAMIN AVENUE, AS MORE FULLY DESCRIBED HEREIN;
PROVIDING FOR THE METHOD OF PAYMENT OF
ASSESSMENTS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, on January 6, 1998, the City Commission
adopted Resolution 5-98 which declared the necessity for
establishing the Woods of Southridge Special Assessment District
("District") in order to defray a portion of the cost for roadway
improvements within the District; and
WHEREAS, on January 20, 1998, the City Commission
adopted Resolution 7-98 which set the date and time for the
public hearing at which the City Commission would consider the
approval of the District; and
WHEREAS, the City Clerk has advertised the public
hearing and mailed notices to the property owners to be included
in the District; and
WHEREAS, the District will include all those properties
listed on the assessment roll which is attached hereto as Exhibit
"A", and as shown on the map attached hereto as Exhibit "B"; and
WHEREAS, the total estimated cost of the roadway
improvement is $275,456.00, of which one-third of the cost will
be paid by the City of Delray Beach, and two-thirds will be paid
by the property owners in the District and the Woods of
Southridge Homeowner's Association, Inc., as set forth in the
agreement for roadway improvements entered into between the
Association and the City attached hereto as Exhibit "C"; and
WHEREAS, pursuant to the agreement, the Association
will contribute $55,000.00 to defray the construction costs
resulting in the remaining $129,556.00 to be assessed against
property owners in the District; and
WHEREAS, each property owner shall be assessed on a lot
by lot basis, the amount indicated on the assessment roll; and
WHEREAS, each property owner may pay their assessment
in one lump sum no later than 30 days following certification
that construction is complete; and
WHEREAS, each individual property owner may pay the
assessment in ten (10) annual installments at an interest rate of
8%, as indicated on the amortization tables attached hereto as
Exhibit "D";
WHEREAS, the owner of each parcel within the District
for which an assessment is levied shall thereafter be responsible
for payment thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1: That the City Commission of the City of
Delray Beach, Florida, following a duly noticed public hearing,
does hereby adopt the above recitals as if fully set forth
herein.
Section 2: That the City Commission of the City of
Delray Beach, Florida, hereby adopts and certifies the assessment
roll for the Woods of Southridge Special Assessment District, as
set forth in Exhibit "A" which is attached hereto and
incorporated herein.
Section 3: That this resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED in regular session on this 17th day
of February, 1998.
R
ATTEST:
Cfty Cier~ -
-2- Res. No.
WOODS OF SOUTHRIDGE
SPECIAL ASSESSMENT DISTRICT
ASSESSMENT ROLL "B"
SUBDIVISION: 01 ASSESSMENT: $ 5,592.36
BLOCK: 031 LOT: 0020
PROP-ADDRESS: 905 SOUTHRIDGE RD
VALEX APTS INC LEGAL:
301 NE 23RD WAY SUB OF SEC 20-46-43
BOCA RATON FL S 153 FT OF W 1/2 OF E 1/2 OF
LOT 31 & SOUTHRIDGE PB13P38
33431 LOTS 10 TO 15 INC BLK 18
SUBDIVISION: 13 ASSESSMENT: $ 1,864.12
BLOCK: 005 LOT: 0160
PROP-ADDRESS: DOUGLAS AVE
ORTIZ EUGENIO & LUCY E LEGAL:'
1120 6T~I AVE SW SOUTHRIDGE
DELRAY BEACH FL LTS 16 & 17 BLK 5
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06
BLOCK: 005 LOT: 0180
PROP-ADDRESS: DOUGLAS AVE
VENEGAS JOE & MARY L LEGAL:
1115 SW 7TH AVE SOUTHRIDGE
DELRAY BEACH FL LT 18 BLK 5
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06
BLOCK: 005 LOT: 0190
PROP-ADDRESS:
VENEGAS JOE & MARY L LEGAL:
1115 SW 7TH AVE SOUTHRIDGE
DELRAY BEACH FL LT 19 BLK 5
33444
(1)
EXHIBIT "A"
WOODS OF SO~IDGE
SPECIAL ASSESSMENT DISTRICT
ASSESSMENT ROLL "B"
SUBDIVISION: 13 ASSESSMENT: $ 932.06
BLOCK: 005 LOT: 0200
PROP-ADDRESS:
VENEGAS JOE & MARY L LEGAL:
1115 SW 7TIq AVE SOUTHRIDGE
DELRAY BEACH FL LT 20 BLK 5
33444
SUBDIVISION: 13 ASSESSMENT: $ 1,864.12"
BLOCK: 005 LOT: 0210
PROP-ADDRESS: DOUGLAS AVE
SUAREZ FERNANDO LEGAL:
1122 SW 7T~ AVE SOITI/qRIDGE
DELRAY BEACH FL LTS 21 & 22 BLK 5
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06--'
BLOCK: 006 LOT: 0010
PROP-ADDRESS: 2448 DOUGLAS AVE
TODD DOUGLAS F & P J FOLEY & LEGAL:
ANN T FOLEY &MAURAPOLICHANO SOUTHRIDGE
2448 DOUGLAS AVE LOT 1 BLK 6
DELRAY BEACH FL
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06.
BLOCK: 006 LOT: 0020
PROP-ADDRESS: 2470 DOUGLAS AVE
PERRY VERONICAM LEGAL:
2470 DOUGLAS AVE SOUTHRIDGE
DELRAY BEACH FL LOT 2 BLK 6
33444
(2)
WOODS OF SOUTI-IRIDGE
SPECIAL ASSESSMENT DISTRICT
ASSESSMENT ROLL "B"
SUBDIVISION: 13 ASSESSMENT: $ 932.06
BLOCK: 006 LOT: 0030
PROP-ADDRESS: 2474 DOUGLAS AVE
DEEGAN BRIAN R LEGAL:
2474 DOUGLAS AVE SOUTHRIDGE
DELRAY BEACH FL LOT 3 BLK 6
33444
SUBDIVISION: 13 ASSESSMENT: $ 932. '5"
BLOCK: 006 LOT: 0040
PROP-ADDRESS: 2482 DOUGLAS AVE
STERN DAVID A LEGAL:
2482 DOUGLAS AVE SOUTHRi~GE
DELRAY BEACH FL LT 4 BLK 6
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06 ~
BLOCK: 006 LOT: 0050
PROP-ADDRESS: 2488 DOUGLAS AVE
TAYLOR VIRGINIA L LEGAL:
2488 DOUGLAS AVE SoITrHRIDGE
DELRAY BEACH FL LT 5 BLK 6
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06-
BLOCK: 006 LOT: 0060
PROP-ADDRESS: 2496 DOUGLAS AVE
JOHI~SON MARSHALL C & MARY K LEGAL:
2496 DOUGLASS AVE SOUTHRIDGE
DELRAY BEACH FL LOT 6 BLK 6
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06-
BLOCK: 006 LOT: 0070
PROP-ADDRESS: 15764 SW 8TH AVE
STILES MARY LEGAL:
1516 NE 17TH AVE SOUTHRIDGE
FT LAUDER/DALE FL LOT 7 BLK 6
33304
(3)
WOODS OF SOUTHRIDGE
SPECIAL ASSESSMENT DISTRICT
ASSESSMENT ROLL "B"
SUBDIVISION: 13 ASSESSMENT: $ 932.06~~
BLOCK: 006 LOT: 0080
PROP-ADDRESS: 2475 SLrNDY AVE
DONAHUE PAUL P LEGAL:
2475 SUNDY AVE SOUTHRIDGE
DELRAY BEACH FL. LOT 8 BLK 6
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06~
BLOCK: 006 LOT: 0090
PROP-ADDRESS: 2471 SUNDY AVE
EWING CHARLES M JR & CAROL A LEGAL:
2471 SUNDY AVE SOUTHRIDGE
DELR~kY BEACH FL LOT 9 BLK 6
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06~'
BLOCK: 006 LOT: 0100
PROP-ADDRESS: 2463 SU1TDY AVE
MATIAS JOSE A & AMELIA D LEGAL:
2463 SUNDY AVE SOUTHRIDGE
DELRAY BEACH FL LOT 10 BLK 6
33444
SUBDIVISION: !3 ASSESSMENT: $ 932.06
BLOCK: 006 LOT: 0110
PROP-ADDRESS: 2457 SUNDY AVE
D'ADDIO WILLIAM H LEGAL:
660 LINTON BLVD # 104 SOUTHRIDGE
DELRAY BEACH FL LT 11 BLK 6
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06-
BLOCK: 006 LOT: 0120
PROP-ADDRESS: 2449 SUNDY AVE
KELLY ELAINE K LEGAL:
2449 SUNDY AVE SOUTHRIDGE
DELP~AY BEACH FL LOT 12 BLK 6
33444
(4)
WOODS OF SOUTHRIDGE
SPECIAL ASSESSMENT DISTRICT
ASSESSMENT ROLL "B"
SUBDIVISION: 13 ASSESSMENT: $ 932.06~
BLOCK: 006 LOT: 0130
PROP-ADDRESS: 2443 SUNDY AVE
MILLER BARBARA L LEGAL:
2443 SUNDY AVE SOUTHRIDGE
DELRAY BEACH FL LOT 13 BLK 6
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06'
BLOCK: 006 LOT: 0140
PROP-ADDRESS: 2437 SUNDY AVE
GAUDREAU STEVEN C & HEIDI E LEGAL:
2437 SUNDY AVE SOUTHRIDGE
DELRAY BEACH FL LT 14 BLK 6
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06"
BLOCK: 006 LOT: 0150
PROP-ADDRESS: 2429 SUNDY AVE
STEWART PAULA M LEGAL:
2429 SUNDY AVE SOUTHRIDGE
DELRAY BEACH FL LOT 15 BLK 6
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.0~
BLOCK: 006 LOT: 0160
PROP-ADDRESS: 2425 SUNDY AVE
D'CRUZ FERDINAND & HERMOINE LEGAL:
2425 SUNDY AVE SOUTHRIDGE
DELRAY BEACH FL LOT 16 BLK 6
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06~
BLOCK: 006 LOT: 0170
PROP-ADDRESS: 2417 SUNDY AVE
GUASTELLA CONJAILAH LEGAL:
2417 SUNDY AVE SOUTHRIDGE
DELl{AY BEACH FL LOT 17 BLK 6
33444
(5)
WOODS OF SOUTHRIDGE
SPECIAL ASSESSMENT DISTRICT
ASSESSMENT ROLL "B"
SUBDIVISION: 13 ASSESSMENT: $ 932.06
BLOCK: 006 LOT: 0180
PROP-ADDRESS: 2409 SUNDY AVE
ALEXANDER MICHAEL C & MICHELE LEGAL:
2409 SUNDY AVE SOUTHRIDGE
DELRAY BEACH FL LT 18 BLK 6
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06~
BLOCK: 007 LOT: 0060
PROP-ADDRESS: 2406 SI/N-DY AVE
SILVA ROBERT E LEGAL:
2432 SUNDY AVE SOUTHRIDGE
DELRAY BEACH FL LT 6 BLK 7
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06'-
BLOCK: 007 LOT: 0070
PROP-ADDRESS: 2410 SUNDY AVE
SILVA ROBERT E LEGAL:
690 SUNDY AVE SOUTHRIDGE
DELRAY BEACH FL LT 7 BLK 7
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06"
BLOCK: 007 LOT: 0080
PROP-ADDRESS: 2414 SU1TDY AVE
SILVA ROBERT E LEGAL:
690 SUNDY AVE SOUTHRIDGE
DELRAY BEACH FL LT 8 BLK 7
33444
(6)
WOODS OF SOUTHRIDGE
SPECIAL ASSESSMENT DISTRICT
ASSESSMENT ROLL "B"
SUBDIVISION: 13 ASSESSMENT: $ 932.06-
BLOCK: 007 LOT: 0090
PROP-ADDRESS: 2418 SUNDY AVE
MYNATT OLIVER M & BOLETTE J LEGAL:
2418 SUNDY AVE SOUTHRIDGE
DELRAY BEACH FL LT 9 BLK 7
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06'''
BLOCK: 007 LOT: 0100
PROP-ADDRESS: SOUT~RIDGE RD
SILVIA ROBERT E LEGAL:
12922 COCOA PINE DR SOUTHRIDGE
BOYNTON BEACI~ FL LT 10 BLK 7
33436
SUBDIVISION: 13 ASSESSMENT: $ 932.0~
BLOCK: 007 LOT: 0110
PROP-ADDRESS: 2426 SUN-DY AVE
KRUEMPEL CRAIG J & CY1FI~A LEGAL:
684 SUNDY AVE SOUT~RIDGE
DELRAY BEACH FL LT 11 & NELY 12.5 FT OF LT 12
BLK 7
33444
SUBDIVISION: !3 ASSESSMENT: $ 932.06-
BLOCK: 007 LOT: 0121
PROP-ADDRESS: 2432 SUN]DY AVE
DIEP NGAN H LEGAL:
690 SUNDY AVE SOUTHRIDGE
DELRAY BEACH FL LT 12 (LESS NELY 12.5 FT) & E
1/2 ABND CENTRAL AVE LYG W OF
33444 & A/DJ THERETO BLK 7
(7)
WOODS OF SOUTHRIDGE
SPECIAL ASSESSMENT DISTRICT
ASSESSMENT ROLL "B"
SUBDIVISION: 13 ASSESSMENT: $ 932.06"
BLOCK: 008 LOT: 0010
PROP-ADDRESS: 2450 SUNDY AVE
MC GLOIN RIC/-IARD & ROBYN LEGAL:
2275 N SWINTON AVE SOUTHRIDGE
DELRAY BEACH FL' LT 1 BLK 8 & W 1/2 OF ABND
CENTRAL AVE LYG E OF & ADJ
33444 THERETO
SUBDIVISION: 13 ASSESSMENT: $ 932.06
BLOCK: 008 LOT: 0020
PROP-ADDRESS: 2456 SUNDY AVE
DALSBO DEBRA C LEGAL:
2456 SUNDY AVE SOUTHRIDGE
DELRAY BEACH FL LOT 2 BLK 8
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06'
BLOCK: 008 LOT: 0030
PROP-ADDRESS: 2462 SUNDY AVE
COMISSO RICHARD C LEGAL:
2462 SUNDY AVE SOUTHRIDGE
DELRAY BEACH FL LOT 3 BLK 8
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.0~
BLOCK: 008 LOT: 0040
PROP-ADDRESS: 2470 SUNDY AVE
CARSON RICHARD T & ~IELEN L LEGAL:
2470 SUN-DY AVE SOUTHRIDGE
DELRAY BEACH FL LOT 4 BLK 8
33444
(8)
WOODS OF SOUTh-RIDGE
SPECIAL ;%SSESSMENT DISTRICT
ASSESSMENT ROLL "B"
SUBDIVISION: 13 ASSESSMENT: $ 932.06
BLOCK: 008 LOT: 0050
PROP-ADDRESS: 2474 SUN-DY AVE
~{ERRING JOI{N T & SUSAN A LEGAL:
2474 SLTNDY AVE SOUT~IRIDGE
DELl{AY BEAC~ FL LOT 5 BLK 8
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06
BLOCK: 008 LOT: 0060
PROP-ADDRESS: 2482 SUNDY AVE
SANDERS GENE E & E KINSEY LEGAL:
2482 SUNDY AVE SO~IDGE
DELRAY BEACI~ FL LOT 6 BLK 8
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06~
BLOCK: 008 LOT: 0070
PROP-ADDRESS: 2488 SUNDY AVE
GUERCIO BRUCE M & CYlVT~IA V & LEGAL:
NICK & VITA GUERCIO SOUTI~IDGE
2488 SUNDY AVE LOT 7 BLK 8
DELRAY BEAC~ FL
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06-
BLOCK: 008 LOT: 0080
PROP-ADDRESS: 2496 SUATDY AVE
KF2CNEDY ROBERT E JR LEGAL:
2496 SUlCDY AVE SO~IDGE
DELl{AY BEACH FL LTS 8 & 9 BLK 8
33444
(9)
WOODS OF SOUTh-RIDGE
SPECIAL ASSESSMENT DISTRICT
ASSESSMENT ROLL "B"
SUBDIVISION: 13 ASSESSMENT: $ 932.06~
BLOCK: 008 LOT: 0100
PROP-ADDRESS: 2473 SOUTHRIDGE RD
MC ALISTER J W & CHARLOTTE F LEGAL:
2473 SOUTI{RIDGE RD SOUTF. RIDGE
DELRAY BEACI~ FL LTS 10 & 11 BLK 8
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06'~
BLOCK: 008 LOT: 0120
PROP-ADDRESS: 2465 SOUTHRIDGE RD
HASTINGS CI{RISTOPHER LEGAL:
2465 SOU'I~-IRIDGE RD SOUTHRIDGE
DELI~AY BEACI~ FL LOT 12 BLK 8
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06~
BLOCK: 008 LOT: 0130
PROP-ADDRESS: 2459 SOUTHRIDGE RD
ROSENBERG MICHAEL H & LEGAL:
C~ERYL A LIEBHOFF SOUTHRIDGE
2459 SOUTHRIDGE DR LT 13 BLK 8
DEL~AY BEAC~ FL
33444
SUBDIVISION: 13 . ASSESSMENT: $ 932.06'
BLOCK: 008 LOT: 0140
PROP-ADDRESS: 2453 SOUTI{RIDGE RD
ME$IANO RICHARD K LEGAL:
2453 SOUTI{RIDGE RD SOUTHRIDGE
DELi~AY BEACH FL LOT 14 BLK 8
33444
(10)
WOODS OF SOUTHRIDGE
SPECIAL ASSESSMENT DISTRICT
ASSESSMENT ROLL "B"
SUBDIVISION: 13 ASSESSMENT: $ 932.0~
BLOCK: 009 LOT: 0120
PROP-ADDRESS: 2484 SOUTHRIDGE RD
SMITH JANA M LEGAL:
2484 SOUTHRIDGE RD SOUTHRIDGE
DELRAY BEACH FL' LOT 12 BLK 9
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06
BLOCK: 009 LOT: 0130
PROP-ADDRESS: 2492 SOUTHRIDGE RD
DESRONVIL ANDRE A & ELNA LEGAL:
2492 SOUTHRIDGE RD SOUTHRIDGE
DELI{AY BEACH FL LT 13 BLK 9
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06-'
BLOCK: 009 LOT: 0140
PROP-ADDRESS: 2441 ZEDER AVE
GRAY JEFFREY W & LEGAL:
DENISE M GIBSON SOUTHRIDGE
2441 ZEDER AVE LOTS 14 & 15 BLK 9
DELRAY BEACH FL
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06
BLOCK: 009 LOT: 0160
PROP-ADDRESS: 2435 ZEDER AVE
GEIDEMAN JOHN & LOIS LEGAL:
2435 ZEDER AVE SOUTHRIDGE
DELRl%Y BEACH FL LOT 16 BLK 9
33444
(15)
WOODS OF SOUTHRIDGE
SPECIAL ASSESSMENT DISTRICT
ASSESSMENT ROLL "B"
SUBDIVISION: 13 ASSESSMENT: $ 932.06'
BLOCK: 009 LOT: 0170
PROP-ADDRESS: 2429 ZEDER AVE
YEFFETK ALLEN J LEGAL:
2429 ZEDER AVE SOUTHRIDGE
DELRAY BEACI~ FL' LOT 17 BLK 9
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06'
BLOCK: 009 LOT: 0180
PROP-ADDRESS: 2423 ZEDER AVE
DEEGAN ROBERT & DELL LEGAL:
2423 ZEDER AVE SO~IDGE
DELRAY BEACI~ FL LOT 18 BLK 9
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06'
BLOCK: 009 LOT: 0190
PROP-ADDRESS: 2415 ZEDER AVE
SALOME PHILIP J & CI{RISTINE A LEGAL:
25 DERBY LANE SOUTHI~IDGE
TYNGSBOROMA LOT 19 BLK 9
01879
SUBDIVISION: 13 ASSESSMENT: $ 932.06-
BLOCK: 009 LOT: 0200
PROP-ADDRESS: 2409 ZEDER AVE
TOMPKINS RONALD J JR &MARGARE LEGAL:
2409 ZEDER AVE SOUT~IRIDGE
DELRAY BEAC~ FL LT 20 BLK 9
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06
BLOCK: 009 LOT: 0210
PROP-ADDRESS: 2403 ZEDER
CA~ORS~ JOHN R LEGAL:
2403 ZEDER AVE SOUTR~IDGE
DELRAY BEAC~ FL LT 21 BLK 9
33444
(16)
WOODS OF SOUTHRIDGE
SPECIAL ASSESSMENT DISTRICT
ASSESSMENT ROLL "B"
SUBDIVISION: 13 ASSESSMENT: $ 932.06'
BLOCK: 009 LOT: 0220
PROP-ADDRESS: 2395 ZEDER AVE
L~kFONTkNT FRANTZ & LEGAL:
DEBORA/q C PLUNGIS H/W SOUTHRIDGE
2395 ZEDER AVE LOT 22 BLK 9
DELRAY BEACH FL
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06
BLOCK: 009 LOT: 0230
PROP-ADDRESS: 2389 ZEDER AVE
DESROSIERS MICHAEL J & LEGAL:
BETH A HELD SOUTHRIDGE
2389 ZEDER AVE LOT 23 BLK 9
DELRAY BEACH FL
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06'
BLOCK: 009 LOT: 0240
PROP-ADDRESS: 2385 ZEDER AVE
BROWN JERRY W & MICHELE H LEGAL:
2385 ZEDER AVE SOUTHRIDGE
DELRAY BEACH FL LT 24 BLK 9
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06'
BLOCK: 009 LOT: 0250
PROP-ADDRESS: SOUTHRIDGE
PIERREADAM &MARIE LEGAL:
5361 CEDAR LAKE RD # 1317 SOUTHRIDGE
BOYNTON BEACH FL LOT 25 BLK 9
33437
(17)
WOODS OF SOUTHRIDGE
SPECIAL ASSESSMENT DISTRICT
ASSESSMENT ROLL "B"
SUBDIVISION: 13 ASSESSMENT: $ 932.0~
BLOCK: 013 LOT: 0010
PROP-ADDRESS: 2380 ZEDER AVE
BROWN ROGER L & LEGAL:
DANIEL T CARPENTER SOUTHRIDGE
701 E COMMERCIAL BLVD # 100 LOT 1 BLK 13
FT LAUDERDALE FL
33334
SUBDIVISION: 13 ASSESSMENT: $ 932.06~
BLOCK: 013 LOT: 0020
PROP-ADDRESS: 2384 ZEDER AVE
CARPENTER DANIEL T LEGAL:
701 E COMMERCIAL BLVD # 100 SOUTHRIDGE
FT LAUDER. DALE FL LOT 2 BLK 13
33334
SUBDIVISION: 13 ASSESSMENT: $ 932.06'
BLOCK: 013 LOT: 0030
PROP-ADDRESS: 2388 ZEDER AVE
MILLING PHILIP E & DONNA K LEGAL:
8108 TALLYHO TRL SOUTHRIDGE
AUSTIN TX LT 3 BLK 13
78729
SUBDIVISION: 13 ASSESSMENT: $ 932.06'
BLOCK: 013 LOT: 0040
PROP-ADDRESS: 2394 ZEDER AVE
LOVE STEPHEN J LEGAL:
2394 ZEDER AVE SOUTHRIDGE
PO BOX 31 LOT 4 BLK 13
DELRAY BEACH FL
33447
(18)
WOODS OF SOUTHRIDGE
SPECIAL ASSESSMENT DISTRICT
ASSESSMENT ROLL "B"
SUBDIVISION: 13 ASSESSMENT: $ 932.06
BLOCK: 013 LOT: 0050
PROP-ADDRESS: 2402 ZEDER AVE
WEST JAMES T LEGAL:
2402 ZEDER AVE SOUTHRIDGE
DELRAY BEACH FL' LOT 5 BLK 13
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06
BLOCK: 013 LOT: 0060
PROP-ADDRESS: 2408 ZEDER AVE
GOLDMAN MICHAEL D LEGAL:
1009 DEL HARBOUR DR SOUTHRIDGE
DELRAY BEACH FL LT 6 BLK 13
33483
SUBDIVISION: 13 ASSESSMENT: $ 932.06
BLOCK: 013 LOT: 0070
PROP-ADDRESS: 2414 ZEDER AVE
VLASEK MARK W & GAIL LEGAL:
2414 ZEDER AVE SOUTHRIDGE
DELRAY BEACY FL LT 7 BLK 13
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06'
BLOCK: 013 LOT: 0080
PROP-ADDRESS: 2420 ZEDER AVE
FRIEDMAN JONATHAN LEGAL:
2151 NE 42ND CT SOUTHRIDGE
LIGHTHOUSE POINT FL LOTS 8 & 9 BLK 13
33064
SUBDIVISION: 1~ ASSESSMENT: $ 932.06
BLOCK: 013 LOT: 0100
PROP-ADDRESS: 2397 BENJAMIN AVE
PATRIANI SEAN & LEGAL:
JILL PATRIANI SOUTHRIDGE
2397 BENJAMIN AVE LT 10 BLK 13
DELRAY BEACH FL
33444
(19)
WOODS OF SOUTHRIDGE
SPECIAL ASSESSMENT DISTRICT
ASSESSMENT ROLL "B"
SUBDIVISION: 13 ASSESSMENT: $ 932.06"
BLOCK: 013 LOT: 0110
PROP-ADDRESS: BENJAMIN AVE
PATRIANI SEAN & LEGAL:
JILL PATRIANI SOUTHRIDGE
2397 BENJAMIN AVE LT 11 BLK 13
DELRAY BEACH FL
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06'
BLOCK: 013 LOT: 0120
PROP-ADDRESS: BENJAMIN AVE
WOODS OF SOUTHRIDGE HOMEOWNERS LEGAL:
ASSN INC SOUTHRIDGE
6020 N FEDERAL HWY % 4 LOT 12 BLK 13
BOCA RATON FL
33487
SUBDIVISION: 13 ASSESSMENT: $ 4,660.30
BLOCK: 014 LOT: 0010
PROP-ADDRESS:
HOLE MICHAEL G LEGAL:
2991 FRENCHMANS PASSAGE SOUTHRIDGE
PALM BEACH GARDENS FL LTS 1 TO 6 INC BLK 14
33410
SUBDIVISION: 13 ASSESSMENT: $ 932.06
BLOCK: 015 LOT: 0010
PROP-ADDRESS: 2514 BESSIE ST
ST CLAIR JAMES J & KAREN R LEGAL:
999 SW 21ST ST SOUTHRIDGE
BOCA RATON FL LOT 1 BLK 15
33486
(20)
WOODS OF SOUTHRIDGE
SPECIAL ASSESSMENT DISTRICT
ASSESSMENT ROLL "B"
SUBDIVISION: 13 ASSESSMENT: $ 932.06'
BLOCK: 015 LOT: 0020
PROP-ADDRESS: 2522 BESSIE ST
MAXWELL JOHN S &VICTORiA A LEGAL:
2522 BESSIE ST SOUTHRIDGE PLAT 2
DELRAY BEACH FL LT 2 BLK 15
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06
BLOCK: 015 LOT: 0030
PROP-ADDRESS: 2532 BESSIE ST
SHINDER EARL & CY1TrHIA LEGAL:
2532 BESSIE ST SOITIS{RIDGE PL 2
DELRAY BEACH FL LT 3 BLK 15
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06:'
BLOCK: 015 LOT: 0040
PROP-ADDRESS: 2542 BESSIE ST
ROHRBACHER LOLITA LEGAL:
104 CONNECTICUT RD SOUTHRIDGE PL 2
LEHIGH ACRES FL LOT 4 BLK 15
33936
SUBDIVISION: 13 ASSESSMENT: $ 932.06
BLOCK: 015 LOT: 0050
PROP-ADDRESS: 2552 BESSIE ST
WOOD ERIC & RACHAEL LEGAL:
2552 BESSIE ST SOUTHRDIGE PL 2
DELRAY BEACH FL LOT 5 BLK 15
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06
BLOCK: 015 LOT: 0060
PROP-ADDRESS: 2560 BESSIE ST
AISSI WILFRID L & DAMIENNE LEGAL:
2560 BESSIE ST SOUTHRIDGE
DELRAY BEACH FL LOT 6 BLK 15
33444
(21)
WOODS OF SOUTHRIDGE
SPECIAL ASSESSMENT DISTRICT
ASSESSMENT ROLL "B"
SUBDIVISION: 13 ASSESSMENT: $ 932.0~
BLOCK: 016 LOT: 0010
PROP-ADDRESS: 2515 BESSIE ST
MARTINEZ FRANCISCO LEGAL:
2515 BESSIE ST SOUTHRIDGE
DELRAY BEACH FL LT 1 BLK 16
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06~
BLOCK: 016 LOT: 0020
PROP-ADDRESS: 2523 BESSIE ST
JAKOB MICI{AEL LEGAL:
2523 BESSIE ST SOIYlT{RIDGE
DELRAY BF_.ACE FL LOT 2 BLK 16
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06~
BLOCK: 016 LOT: 0030
PROP-ADDRESS: 2533 BESSIE ST
BARACKMAN KENNETI{ B LEGAL:
2533 BESSIE ST SOUT~RIDGE
DELRAY BEACH FL LOT 3 BLK 16
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06"
BLOCK: 016 LOT: 0040
PROP-ADDRESS: 2541 BESSIE ST
HELPARD SUSAN & LEGAL:
KARENM CRISPO SOU77{RIDGE
2541 BESSIE ST LOT 4 BLK 16
DELRAY BEACH FL
33444
(22)
WOODS OF SOUTHRIDGE
SPECIAL ASSESSMENT DISTRICT
ASSESSMENT ROLL "B"
SUBDIVISION: 13 ASSESSMENT: $ 932.06
BLOCK: 016 LOT: 0050
PROP-ADDRESS: 2553 BESSIE ST
ALLAN SANDRA LEGAL:
2553 BESSIE ST SOUT~IRIDGE
DELRAY BEACH FL LOT 5 BLK 16
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06
BLOCK: 016 LOT: 0060
PROP-ADDRESS: 2461 BESSIE ST
MC FARLANE OSTED A LEGAL:
2461 BESSIE ST SOUTHRIDGE
DELRAY BEACH FL LOT 6 BLK 16
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06'
BLOCK: 016 LOT: 0070
PROP-ADDRESS: 2560 ELLA ST
SCHROEDER JO}IN & DONNA LEGAL:
2560 ELLA ST SOUTHRIDGE
DELRAY BEACH FL LOT 7 BLK 16
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06 '
BLOCK: 016 LOT: 0080
PROP-ADDRESS: 2552 ELLA ST
GIELINSKI CONRAD A & JOE ANN LEGAL:
2552 ELLA ST SOUTHRIDGE
DELRAY BEACH FL LOT 8 BLK 16
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06
BLOCK: 016 LOT: 0090
PROP-ADDRESS: 2542 ELLA ST
MC TIGHE RONALD G & SUSAN C LEGAL:
2542 ELLA ST SOUTHRIDGE
DELRAY BEACH FL LOT 9 BLK 16
33444
(23)
WOODS OF.SOUTHRIDGE
SPECIAL ASSESSMENT DISTRICT
ASSESSMENT ROLL "B"
SUBDIVISION: 13 ASSESSMENT: $ 932.06
BLOCK: 016 LOT: 0100
PROP-ADDRESS: 2532 ELLA ST
TAPPER YETTA LEGAL:
BLDG 127 APT 101 SOUTHRIDGE
6080 HI/NTWICK TER LOT 10 BLK 16
DELRAY BEACH FL
33484
SUBDIVISION: 13 ASSESSMENT: $ 932.06'
BLOCK: 016 LOT: 0110
PROP-ADDRESS: 2522 ELLA ST
HIPP CRAIG & HEIDI R LEGAL:
2522 ELLA ST SOUTHRIDGE
DELRAY BEACH FL LOT 1! BLK 16
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06 ~
BLOCK: 016 LOT: 0120
PROP-ADDRESS: 2514 ELLA ST
BUCCI JTJDI W LEGAL:
2514 ELLA ST SO~IDGE
DELi~AY BEACH FL LOT 12 BLK 16
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06
BLOCK: 017 LOT: 0010
PROP-ADDRESS: 2528 ELLA ST
KOSLOW JUDITH L LEGAL:
2528 ELLA ST SOUTHRIDGE
DELRAY BEACH FL LOT i BLK 17
33444
(24)
WOODS OF SOUTHRIDGE
SPECIAL ASSESSMENT DISTRICT
ASSESSMENT ROLL "B"
SUBDIVISION: 13 ASSESSMENT: $ 932.06/
BLOCK: 017 LOT: 0020
PROP-ADDRESS: 2550 ELLA ST
DUBISk'Y & DONALD J & JANE F LEGAL:
2550 ELLA ST SOUTHRIDGE
DELRAY BEACH FL' LOT 2 BLK 17
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.0~'
BLOCK: 017 LOT: 0030
PROP-ADDRESS: 2551 SI/N-DY AVE
BURGESS BRENT L & JILL N LEGAL:
2551 SUNDY AVE SOUTHRIDGE
DELRAY BEACH FL LOT 3 BLK 17
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06'
BLOCK: 018 LOT: 0010
PROP-ADDRESS: 15863 SW 8TH AVE
ESSEX BRIAN LEGAL:
15863 8TH AVE SW SOUTHRIDGE
DELRAY BEACH FL LOTS 1 & 2 BLK 18
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06
BLOCK: 018 LOT: 0030
PROP-ADDRESS: 15871 SW 8TH AVE
MAHONEY JOHN J LEGAL:
15871 SW 8TH AVE SOUTHRIDGE
DELRAY BEACH FL LOT 3 BLK 18
33444
(25)
WOODS OF SOUTh'RIDGE
SPECIAL ASSESSMENT DISTRICT
ASSESSMENT ROLL "B"
SUBDIVISION: 13 ASSESSMENT: $ 932.06
BLOCK: 018 LOT: 0040
PROP-ADDRESS: 15881 SW 8TH AVE
WUNDERLICH TERRY & DIANE LEGAL:
15881 SW 8TH AVE SOUTHRIDGE
DELRAY BEACH FL' LT 4 BLK 18
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06-'
BLOCK: 018 LOT: 0050
PROP-ADDRESS: 15891 SW 8TI{ AVE
SUSSKIND BARRY LEGAL:
BARRY SUSSKIND TR HI=DR SOUTHRIDGE
15891 SW 8TH AVE LOT 5 BLK 18
DELRAY BEACH FL
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06~
BLOCK: 018 LOT: 0060
PROP-ADDRESS: 2531 SOUTHRIDGE RD
VAN HORN ROY M JR & CYNTHIA LEGAL:
2531 SOUTHRIDGE RD SOITi"~IRIDGE
DELRAY BEACH FL LOT 6 BLK 18
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06'
BLOCK: 018 LOT: 0070
PROP-ADDRESS: 2541 SOUTHRIDGE RD
RODIN DAVID LEGAL:
2541 SOUTHRIDGE RD SOUTHRIDGE
DELRAY BEACH FL LOT 7 BLK 18
33444
(26)
WOODS OF SOUTHRIDGE
SPECIAL ASSESSMENT DISTRICT
ASSESSMENT ROLL "B"
SUBDIVISION: 13 ASSESSMENT: $ 466.03
BLOCK: 018 LOT: 0080
PROP-ADDRESS: 2549 SOUTFIRIDGE RD
GILOT NALKY & LEGAL:
THELISE TOUSSAINT SOUTHRIDGE
MALIBU VILLAGE RR 6 LOT 68 LOT 8 BLK 18
CARBONDALE IL
62901
SUBDIVISION: 13 ASSESSMENT: $ 466.03~
BLOCK: 018 LOT: 0090
PROP-ADDRESS: SOUTHRIDGE RD
GILOT NA~KY & LEGAL:
THELISA TOUSSAINT SOUTHRIDGE
MALIBU VILLAGE RR 6 LOT 68 LOT 9 BLK 18
CARBON/DALE IL
62901
SUBDIVISION: 13 ASSESSMENT: $ 932.06-
BLOCK: 018 LOT: 0160
PROP-ADDRESS: 2556 SUNDY AVE
CRAIG KIM D LEGAL:
2556 NE SUNDY AVE SOUTHRIDGE
DELRAY BEACH FL LOT 16 BLK 18
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06
BLOCK: 018 LOT: 0170
PROP-ADDRESS: 2544 SUNDY LN
STERN J WALTER LEGAL:
955 ALLAMANDA DR SOUTHRIDGE
DELRAY-BEACH FL LOT 17 BLK 18
33483
(27)
WOODS OF SOUTHRIDGE
SPECIAL ASSESSMENT DISTRICT
ASSESSMENT ROLL "B"
SUBDIVISION: 13 ASSESSMENT: $ 932.06 ~
BLOCK: 018 LOT: 0180
PROP-ADDRESS: 2532 SUNDY AVE
FLORA LOUIS J & DOROTHY M LEGAL:
2532 SUN]DY AVE SOUTHRIDGE
DELRAY BEACH FL LOT 18 BLK 18
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06 -
BLOCK: 019 LOT: 0010
PROP-ADDRESS: 15915 SW 8TH AVE
BRIGGS C NORMAN LEGAL:
15915 SW 8TH AVE SOUTHRIDGE
DELRAY BEACH FL LOT 1 BLK 19
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06
BLOCK: 019 LOT: 0020
PROP-ADDRESS: 15925 SW 8TH AVE
TUCCI FRANCIS V & JOYCE A LEGAL:
15925 SW 8TH AVE SOUTHRIDGE
DELRAY BEACH FL LOT 2 BLK 19
33444
SUBDIVISION: 39 ASSESSMENT: $ 9,320.60
BLOCK: 000 LOT: 0000
PROP-ADDRESS:
SOUTHRIDGE VILLAGE CONDO DECL LEGAL:
FILED 3-12-82 SOTHRIDGE VILLAGE CONDO
(28)
'" ' '~ '''~ ~0/
.....~...-~....~ .,F~::::~:'::;~-~,- a~ ~e
~AN~AV ~OL 'M'S '
AGREEMENT FOR ROADWAY IMPROVEMENTS
IN ~ WOODS OF SOUTHRIDGE SUBDIVISION
TI~S AGREEMENT for roadway improvements within the Woods of Southfidge
Subdivision, hereinafter referred to as the "Agreement" is made and entered into this day
of , 1998, by and be~een the CITY OF DELRAY BEACH, a Florida
municipal corporation, hereinafter referred to as the "City" and the WOODS OF
SOUTHRIDGE HOMEOWNER'S ASSOCIATION, hereinafter referred to as the
"Association".
WITNESSETH:
IIIHEREAS, the parties hereto are desirous of joining together in participating in the
mutual redevelopment and improvement of the streets located within the Woods of South_ridge
Subdivision; and
WHEREAS, the roadway improvements are to include the recouswacfion and paving
of the following streets: S.W. 8th Avenue commencing approximately 300 fe~t north of
Linton Boulevard; Souflu'idge Road from S.W. 10th Avenue to ks curr~nt terminus; Sundy
Avenue; Ella Sw~t; Bessie Street; Douglass Avenue; Zeder Avenue and Benjamin Avenue,
hereinafter referred to as the "Project"; and
WHEREAS, each of the parties hereto are desirous of identifying the roles that each
will play in the roadway improvement project, as well as their respective financial
respous~ility and contn'butions therefor.
EXHIBIT "C"
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, the parties hereby agree as follows:
1. ~,01~,.gg...~. The parties hereto contemplate that the Project shall consist of
the reconstruction and paving of the following roads: S.W. 8th Avenue commencing
approximately 300 feet north of Linton Boulevard; Southridge Road from S.W. 10th Avenue
to irt current terminus; Sundy Avenue; Ella Street; Bessie Street; Douglass Avenue; Zeder
Avenue and Benjamin Avenue. The total est/mated cost for the project is $275,456.00.
Subject to the terms of this agreement, the parties hereto hereby agree that their respective ·
obligation for participation in the payment for the Project is as set forth in this Agreement.
2. Roadway. Construction. The CITY shall provide all conu'acr administrative
services for the roadway improvements to be accomplished throughout the Project.
3. ]~illl. edlall~. The CITY agrees to provide maintenance in perpetuity for the
roadway improvements upon completion of the construction.
5. ~[nnl Acceptance. Upon completion of the project, the ~ shall certify final
completion and final costs for the project.
6. Association Obli_~ntions. The ASSOCIATION agrees to pay the CITY two-
thirds of the total Project cost. The payment shall be made as follows:
A. $40,000.00 upon the City Commission approval of the Woods of Southridge
Special Assessment District,
B. $15,000.00 no later than March 17, 1998, and
C. The remaining sum shall be coIlecr~.~d from the individual property owners
through the Woods of $outhridge Special Assessment District. The assessment
shall be paid either in one lump sum on a lot by lot assessment, or over a ten-
year period at 8% interest.
?. Cit-v Limitntion. The ASSOCIATION acknowledges that other properties
which will not be included in the special assessment district have right of access to the streets
to be improved as part of the Project. The ASSOCIATION fttr~er acknowledges that once
the City Commission approves the special assessment district, no other property owners may
be required to conm'bute to the district.
8 Notice. Any notice required to be given hereunder shall be given by
personal delivery, by registered mail, or be registered expedite1 service at the addressees as
specified below, or at such other addresses as may be specified in writing by the parties
hereto, and any such notice shall be deemed received on the date of delivery.
CITY: City of Deh'ay Beach
i00 N.W. First Avenue
Delray Beach, Florida 37.~.~
Attention:
ASSOCIATION: Woods of Southridge Homeowner's Association
Craig J. Kruempel, President
5020 N. Federal I-IJghway
Boca Ra£on, Florida 33487
9. Governin~ Law. This agreement shall be conswaed and governed in
accordance with laws of the State of Florida and in the even~ of any litigation hereunder, the
venue for any such litigation, shall be in Palm Beach County, Florida. All of the parties w
this agreement have participaL~t fully in the negotiation and preparation hereof and,
accordingly, this agreement shall not be more strictly constraed against any one of the parties
hereto.
10. ~u~so~. This Agreement shall be binding on both parties, and their
successors and assigns.
IN WITNESS W~r~I~OF, the parties hereto entered into this Amendment as of thi~
day and year first above writmn.
WITNESS: WOODS OF SOUTHRIDGE HOMEOWNER'S
ASSOCIATION
By:
(Signature of Witness) Print or Type Name:
(Signature printed or typed) (SEAL)
STATE OF
COUNTY OF
The foregoing/nstrumem was acknowledged before me this day of ,
1998 by (name of person acknowledging), who is
personally known to me or who has produced (type of identification)
as identification and who did (did not) take an oath.
Signature of Notary Public
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk lay Alperin, Mayor
4
Approved as to Form and
Legal Su~¢ie~y:
David N. Tolces -
Assistant City Attorney
Principal 5,592.36
Rate
Annual Payment 833.43
Installment 8% Annual Debt
Number Principal Interest Service
1 386.04 447.39 833.43
2 416.92 416.51 833.43
3 450.28 383.15 833.43
4 486.30 347.13 833.43
5 525.20 308.23 833.43
6 567.22 266.21 833.43
7 612.60 220.83 833.43
8 661.61 171.82 833.43
9 714.53 118.90 833.43
10 771.66 61.77 833.43
5,592.36 2,741.94 8,334.30
E~IBIT 'D'
Principal 1,864.12
Rate 8%
Annual Payment 277.81
Installment 8% Annual Debt
Number Principal Interest Service
i 128.68 149.13 277.81
2 138.97 138.84 277.81
3 150.09 127.72 277.81
4 162.10 115.71 277.81
5 175.07 102.74 277.81
6 189.07 88.74 277.81
7 204.20 73.61 277.81
8 220.54 57.27 277.81
9 238.18 39.63 277.81
10 257.22 20.59 277.81
1,864.12 913.97 2,778.10
Principal 932.06
Rate
Annual Payment 138.90
Installment 8% Annual Debt
Number Principal Interest Service
i 64.34 74.56 138.90
2 69.48 69.42 138.90
3 75.04 63.86 138.90
4 81.04 57.86 138.90
5 87.53 51.37 138.90
6 94.53 44.37 138.90
7 102.09 36.81 138.90
8 110.26 28.64 138.90
9 119.08 19.82 138.90
10 128.67 10.23 138.90
932.06 456.94 1,389.00
Principal 4,660.30
Rate 8%
Annual Payment 694.52
Installment 8% Annual Debt
Number Principal Interest Service
I 321.70 372.82 694.52
2 347.43 347.09 694.52
3 375.23 319.29 694.52
4 405.24 289.28 694.52
5 437.66 256.86 694.52
6 472.68 221.84 694.52
7 510.49 184.03 694.52
8 551.33 143.19 694.52
9 595.44 99.08 694.52
10 643.10 51.42 694.52
4,660.30 2,284.90 6,945.20
Principal 466.03
Ra~e 8%
Annual Paymen~ 69.45
Ins~allmen= 8% Annual Deb=
Number Principal Inheres= Service
1 32.17 37.28 69.45
2 34.74 34.71 69.45
3 37.52 31.93 69.45
4 40.52 28.93 69.45
5 43.76 25.69 69.45
6 47.26 22.19 69.45
7 51.05 18.40 69.45
8 55.13 14.32 69.45
9 59.54 9.91 69.45
10 64.34 5.11 69.45
466.03 228.46 694.50
Principal 9,320.60
Rate 8%
Annual Payment 1,389.04
Installment 8% Annual Debt
Number Principal Interest Service
I 643.39 745.65 1 389.04
2 694.86 694.18 I 389.04
3 750.45 638.59 1 389.04
4 810.49 578.55 1 389.04
5 875.33 513.71 1 389.04
6 945.35 443.69 1 389.04
7 1,020.98 368.06 1 389.04
8 1,102.66 286.38 I 389.04
9 · 1,190.87 198.17 1 389.04
10 1,286.21 102.83 1 389.04
9,320.60 4,569.79 13,890.40
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY I~'..h~AGER~/~
SUBJECT: AGENDA ITEM #/0~- REGULAR MEETING OF FEBRUARY 17, 1998
ORDINANCE NO. 9-98 (RESIDENTIAL-TYPE INNS)
DATE: FEBRUARY 12, 1998
This is second reading and the second public hearing for Ordinance
No. 9-98 which amends the Land Development Regulations with
respect to 'residential-type inns' Specifically, to allow
residential-type inns as a conditional use in the Old School
Square Historic Arts District; to allow residential-type inns as a
permitted use in the Central Business District; modifying the
special requirements for the use; and revising the definition of
'residential-type inns'
The amendment was requested by Rodney Romano, representative for a
proposal to convert the Sundy Estates Apartments to a residential
inn facility. Residential inns are currently allowed in the RT
(Resort Tourism) District as a permitted use and in the POC
(Planned Office Center) District as a conditional use. The only
type of lodging currently permitted in OSSHAD are bed and
breakfast facilities. A request has been made to allow a type of
use which combines hotel rooms and suites associated with a
restaurant. Within the CBD, hotels, motels and bed and breakfast
inns are permitted. Therefore, it is appropriate that residential
inns also be permitted. Additional background and an analysis of
the request are provided in the attached staff report.
The Planning and Zoning Board considered this item at a public
hearing on January 26, 1998. There was no public testimony. The
Board suggested that the term "residential inns" be changed to
"residential-type inns" to avoid any confusion with "Residence
Inn", the corporate name for a chain of these types of hotels.
The Board voted 5 to 0 to recommend that the proposed amendment be
approved. At first reading on February 3, 1998, the Commission
passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 9-98 on second and final
reading.
re f: agmemo 18
ORDINANCE NO. 9-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13,
"CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION
4.4.13(B), "PRINCIPAL USES AND STRUCTURES
PERMITTED", OF THE LAND DEVELOPMENT REGULATIONS OF
THE CITY OF DELRAY BEACH, BY ADDING
'RESIDENTIAL-TYPE INNS' AS A PERMITTED USE IN THE
CBD; AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE
HISTORIC ARTS DISTRICT (OSSHAD)" SUBSECTION
4.4.24(D), "CONDITIONAL USES AN~ STRUCTURES
ALLOWED", BY ADDING 'RESIDENTIAL-TYPE INNS' AS A
CONDITIONAL USE IN THE OSSHAD; AMENDING SECTION
4.4.24(G) TO PROVIDE SUPPLEMENTAL DISTRICT
REGULATIONS FOR 'RESIDENTIAL-TYPE INNS'IN
OSSHAD; ~ENDING SECTION 4.4.24(H) TO PROVIDE
SPECIAL DISTRICT REGULATIONS FOR 'RESIDENTIAL-TYPE
INNS' IN THE OSSHAD; AMENDING SECTION 4.3.3(X) TO
MODIFY THE SPECIAL REQUIREMENTS PERTAINING TO
'RESIDENTIAL-TYPE INNS'; AMENDING APPENDIX "A",
"DEFINITIONS", TO REVISE THE DEFINITION FOR
'RESIDENTIAL-TYPE INNS'; PROVIDING A GENE~L
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFEC~
DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the proposed text amendments at a public
hearing on January 26, 1998, and forwarded the changes with a
recommendation of approval; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the changes are consistent with and further the
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District" , Section 4.4 .13 , "Central
Business (CBD) District", Subsection 4.4.13(B), "Principal Uses and
Structures Permitted", of the Land Development Regulations of the
City of Delray Beach, Florida, be, and the same is hereby amended to
read as follows:
(B) Principal Uses and Structures Permitted: The
following types of use are allowed within the CBD District as a
permitted use:
(5) Hotels, Motels, ~ Bed and Breakfast Inns, and
Residential-Ty~e Inns.
Section 2. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.24, "Old School
Square Historic Arts District (OSSHAD)", Subsection 4.4.24(D),
"Conditional Uses and Structures Allowed", of the Land Development
Regulations of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
(D) Conditional Uses and Structures Allowed: The
following uses are allowed as conditional uses within the OSSHAD:
(6) Residential-type inns, not to exceed more than
eiqhteen (18) individually leased suites or rooms per acre.
Section 3. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.24, "Old School
Square Historic Arts District (OSSHAD)", Subsection 4.4.24(G),
"Supplemental District Regulations", subparagraph 4.4.24(G)(4),
"Parking Requirements", of the Land Development Regulations of the
City of Delray Beach, Florida, be, and the same is hereby amended to
read as follows:
(G) Supplemental District Regulations: Supplemental
district regulations as set forth in Article 4.6, except as modified
herein, apply:
(4) Parking Requirements:
(a) All non-residential uses, with the exception
of restaurants, shall provide one parking
space per 300 sq.ft, of total new or
existing floor area being converted to
non-residential use. This requirement may
be reduced to one parking space per 400
sq.ft, of total floor area, or by at least
one space, where there is a mix of
residential and non-residential use in the
same structure.
(b) Restaurants shall provide six spaces per one
thousand square feet of total new or
existing floor area being converted to
restaurant use.
- 2 - Ord. No. 9-98
(c) Residential-type inns shall provide one
parking space per quest room/unit. Other
accessory uses shall be calculated
separately based upon square footage of the
use area as provided for in subsections
4.4.24(G) (4)(a) and (b) above.
Section 4. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.24, "Old School
Square Historic Arts District (OSSHAD)", Subsection 4.4.24(H),
"Special District Regulations", of the Land Development Regulations
of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
(H) Special District Regulations:
(1) Residential units within a structure containing
permitted non-residential use(s) shall not use more than 50% of the
gross floor area of the structure within which they are located.
(2) Residential uses shall comprise no less than 10%
of the uses in the OSSHAD District as expressed by the exclusive use
of individual parcels, other than condominium ownerships. The
existence of an occupational license, except for one issued for a
home occupation, shall establish that such a parcel is
non-residential.
(3) Residential-type inns shall create a transitional
or buffer area between residential uses and non-residential uses
(such as office, commercial, etc.) which are either on or near the
~ubject property.
(4) A residential-type inn shall be associated with
an historic structure and must be residential in desiqn, scale and
character.
Section 5. That Chapter Four, "Zoning Regulations",
Article 4.3, "District Regulations, General Provisions", Section
4.3.3, "Special Requirements for Specific Uses", Subsection 4.3.3(X),
"Residential Inns", of the Land Development Regulations of the City
of Delray Beach, Florida, be, and the same is hereby amended to read
as follows:
(X) Residential Inns: Residential-type inns ~/~
~~ /~ /~ /~~ /~/~ /~ /~~~ /~ /~ shall be
subject to the following provisions, limitations, and restrictions:
- 3 - Ord. No. 9-98
(1) The use must be located with frontage on, or
access from, at least one arterial or collector street as delineated
on the City"s Transportation Element;
(2) The use must be located in proximity to office,
industrial, ~/~~ or commercial uses;
(~) The minimum floor area per suite shall be ~ 450
square feet;
(4) Accessory uses may include recreational
facilities (i.e. swimming pool, whirlpool, jacuzzi, steam room,
tennis courts), meeting rooms, complimentary room service, and other
non-residential uses as permitted within the respective zoning
district.
(5) Parking shall be provided pursuant to Section
4.6.9(C) (7) (e) .
- 4 - Ord. No. 9-98
Section 6. That Appendix "A", "Definitions", of the Land
Development Regulations of the City of Delray Beach, Florida, be, and
the same is'hereby amended to read as follows:
RESIDENTIAL-TYPE INN A type of hotel or a multiple family
dwelling occupied exclusively by
non-permanent residents. It may consist of
one buildinq which contains the principal
and accessory uses, or qroups of buildinqs.
Suites may or may not include kitchens or
kitchenettes. Accommodations may be
comprised entirely of suites, or may include
a combination of sinqle rooms and suites.
The facility may also contain accessory uses
as othe~ise permitted in the applicable
zoninq district.
Section 7. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 8. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 9. That this ordinance shall become effective
immediately upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 17th day of
February . , 1998.
ATTEST:
- -'~ ~itY ~rk - !
First Reading: February 3, 1998
Second Reading: February 17~ 1998
- 5 - Ord. No. 9-98
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~1
SUBJECT: AGENDA ITEM #~OD-~ REGULAR MEETING OF FEBRUARY 17, 1998
ORDINANCE NO. 10-98 (REZONING A PORTION OF THE SEACREST
BOULEVARD CONTINUING PRESBYTERIAN CHURCH SITE)
DATE: FEBRUARY 12, 1998
This is second reading and a quasi-judicial public hearing for
Ordinance No. 10-98 which rezones a portion of the Seacrest
Boulevard Continuing Presbyterian Church site from R-1AA (Single
Family Residential) and RM (Medium Density Residential) to CF
(Community Facilities) District. The subject property is located
at the southeast corner of Seacrest Boulevard and Gulfstream
Boulevard.
The portion being rezoned is the eastern two-thirds of the
property. The Church has requested the rezoning to accommodate
the future expansion of the existing accessory school.
The Planning and Zoning Board considered the rezoning at a public
hearing on January 26, 1998. There was no public testimony. The
Board voted 4 to 1 (Schwartz dissenting; Carbone and Young absent)
to recommend that the rezoning request be approved, based upon
positive findings with respect to LDR Sections 3.1.1 (Required
Findings), 3.2.2 (Standards for Rezoning Actions), and 2.4.5(D) (5)
of the Land Development Regulations, and policies of the
Comprehensive Plan. At first reading on February 3, 1998, the
Commission passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 10-98 on second and final
reading, based upon the recommendation of the Planning and Zoning
Board.
ref:agmemol9
ORDINANCE NO. 10-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED R-1AA (SINGLE FAMILY RESIDENTIAL)
DISTRICT AND RM (MEDIUM DENSITY RESIDENTIAL)
DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT;
SAID LAND BEING COMMONLY KNOWN AS A PORTION OF THE
SEACREST BOULEVARD CONTINUING PRESBYTERIAN CHURCH
SITE LOCATED AT THE SOUTHEAST CORNER OF SEACREST
BOULEVARD AND GULFSTREAM BOULEVARD, AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP
OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned R-1AA (Single Family Residential)
District and RM (Medium Density Residential) District; and
WHEREAS, at its meeting of January 26, 1998, the Planning
and Zoning Board for the City of Delray Beach, as Local Planning
Agency, considered this item at a public hearing and voted to
recommend that the property hereinafter described be rezoned, based
upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of CF (Community
Facilities) District for the following described property:
Plat of Seacrest Boulevard Continuing Presbyterian
Church, according to the Plat thereof as recorded
in Plat Book 55, Page 174, of the Public Records of
Palm Beach County, Florida, LESS the West 200 feet
thereof.
TOGETHER WITH:
Lot 1, Block 1, and that part of Block 1 lying
North of said Lot 1, Gulf Stream Estates, according
to the Plat thereof on file in the Office of the
Clerk of the Circuit Court in and for Palm Beach
County, Florida, in Plat Book 12, Page 28, LESS the
North 25.00 feet of that portion of Block 1 lying
north of Lot 1, Block 1, Gulf Stream Estates, said
land situate, lying and being in Palm Beach County,
Florida.
TOGETHER WITH:
Lots 2, 3 and the North 35 feet of Lot 4, Block 1,
Gulf Stream Estates, according to the Plat thereof
as recorded in Plat Book 12, Page 28, of the Public
Records of Palm Beach County, Florida.
The subject property is located at the southeast
corner of Seacrest Boulevard and Gulfstream
Boulevard.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 17th day of February , 1998.
ATTEST:
/ CitY ~lerkTM
First Reading February 3, 1998
Second Reading February 17, 1998
- 2 - Ord. No. 10-98
STREAM
25TH
BONNI£VI£W RD.
25TH
TENNIS
COURTS
N.W. 24TH CT. AOUACR£ST
POOL
,.w.,,,,,,. CF
FO0 TBALL
CF R-l-AA
ST. PINE RIDGE RD. 22ND ~ STR.
OF THE __ N.E, 21ST s'r.
PALMS
N.E. 19TH STRF.£?
PLUMOSA
I I
N - REZONING-
~ SEACREST BOULEVARD CONTINUING PRESBYTERIAN CHURCH
OTY Of' ~J..RAY Bt'ACH. FL FROM: R-l-AA (Single Fomily Residentlol} TO: CF (Community Focilities)
PLANNINO ay ZONING DEPARTMENT ~/ RM (Medium Density Resldentlol)
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: AGENDA ITEM #/~ '- REGULAR MEETING OF FEBRUARY 17, 1998
ORDINANCE NO. 12-98 (DESIGNATING THE PRICE HOUSE AS AN
HISTORIC SITE)
DATE: FEBRUARY 12, 1998
This is first reading for Ordinance No. 12-98 which designates the
Price House as a local historic site and adds it to the Local
Register of Historic Places. The house is located at 1109 Sea
Spray Avenue. It was originally constructed at 526 North Ocean
Boulevard, but was recently relocated by the new owner, Carl
Steven Hayes. Mr. Hayes initiated the request for historic
designation. A copy of the designation report is attached.
The Historic Preservation Board conducted a public hearing on this
matter on February 4, 1998, and voted unanimously to recommend
approval.
Recommend approval of Ordinance No. 12-98 on first reading. If
passed, a public hearing will be scheduled for March 3, 1998.
ref:agmemol4
ORDINANCE NO. 12-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, DESIGNATING THE PRICE HOUSE
LOCATED AT 1109 SEA SPRAY AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC
SITE TO BE LISTED IN THE LOCAL REGISTER OF
HISTORIC PLACES; PROVIDING FOR THE AMENDMENT OF
THE "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994" TO
SHOW THE HISTORIC DESIGNATION IN AN OVERLAY
MANNER; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Section 4.5.1 of the Land Development Regulations
of the Code of Ordinances of the City of Delray Beach provides for
the designation and protection of historic sites; and
WHEREAS, Carl Steven Hayes, owner of the property located
at 1109 Sea Spray Avenue and more particularly described herein
initiated the nomination of the Price House for historic
designation, and a designation report was subsequently prepared; and
WHEREAS, the Historic Preservation Board held a duly
noticed public hearing in regard to the historic designation on
February 4, 1998, and voted unanimously to recommend that the
property described herein be designated a local historic site; and
WHEREAS, the City Commission of the City of Delray Beach
has conducted a duly noticed public hearing in regard to the
designation of the property described herein as a local historic
site.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the
City of Delray Beach, Florida, is hereby designated as a local
historic site in accordance with and under the provisions of Section
4.5.1 of the Land Development Regulations of the City of Delray
Beach, to-wit:
THE PRICE HOUSE, located at 1109 Sea Spray Avenue,
Delray Beach, Florida; more particularly described
as Lot 11, Sea Spray Estates, as recorded in Plat
Book 21 at Page 15 of the Public Records of Palm
Beach County, Florida.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of
the City of Delray Beach, Florida, to show the historic designation,
in an overlay manner.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word
be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1998.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 12-98
, . . ~, SOUTH-
'"'"'- BOULEVARD HAMPTON
! INLET
, , lCOVE
GEORGE
5AIN T
VINCEN T'S THE
CHURCH
~ LANDINGS
CONDO
~.. M.S.A. M.S.A. TRACT I
TRACT
I
N,E, 5TH
OR~VF,.
SPRAY
~"
O WATERWAY LANE ~
VISTA DEL MAR
~ NEW LOCATION OF THE PRICE HOUSE
,.~.,,~..o ~A.,,.E,,~ 1109 SEASPRAY AVENUE
C3TY O~ DELRAY BEACH. FL
-- D/G/2',4/. ~4~g" MAP SY~4,f -- MAP REF:
TO: DAVID T. HARDEN, CITY MANAGER
DEPARTMENT OF PLANNING AND ZONING
FROM: PAT CAYCE, HISTORIC PRE~E~~ATION PLANNER
SUBJECT: MEETING OF FEBRUARY 17, 1998
FIRST READING OF AN ORDINANCE TO DESIGNATE THE
PRICE HOUSE, 1109 SEA SPRAY AVENUE TO
THE LOCAL REGISTER OF HISTORIC PLACES.
The action requested of the City Commission is that of approval on first reading
of an ordinance designating the Price House to the Local Register of Historic
Places.
The Price House, designed by noted Delray Beach architect Samuel Ogren, Sr.,
was constructed in 1935. Designed in the Monterey style, it conforms to the
features of the style as described in the Delray Beach Design Guidelines. The
Price House is a two story single family residence of frame construction with a
symmetric facade, cross gabled roof, and a combination of clapboard and batten
and board exterior. Many of the original wood sash windows remain as do the
historically correct wood shutters on the second story. Two balconies with wood
railings flank the center bay and brick chimney of the second floor front facade.
The house was originally located at 526 North Ocean Boulevard. Built for Mr.
and Mrs. E.A. Price, the family retained ownership until it was acquired and
relocated to 1109 Sea Spray Avenue by the new owner, Carl Steven Hayes.
Development pressures and escalating land prices on Ocean Boulevard were
the determining factors which resulted in the need to either demolish or relocate
the structure. Fortunately, for the City's historic structures inventory, the latter
occurred.
City Commission Documentation
Price House Historic Status
Page 2
The Price House was designed by Delray Beach's first and most prolific
registered architect, Samuel Ogren, Sr. He was apprenticing in the West Palm
Beach architectural firm of William Manley King in 1924 when he designed his
first building in Delray, a single family residence at 704 N. Swinton Avenue.
Delray Beach officials, impressed with the design, offered him the position of City
Architect. Mr. Ogren accepted and moved his practice and family to Delray
Beach in 1924 to begin a career which provided the City with more than 250
structures. Among his more notable commissions in the City are the High
School and Gymnasium, both listed in the National Register; the Arcade Tap
Room; and the Marine Villas.
The Price House is significant for its architecture; it represents one of the finest
examples of the Monterey style in the City. The house is essentially unaltered
and many of its original architectural elements remain intact, taken as a whole
these features greatly enhance the historic fabric and significance of the house.
The Price House is zoned R-AAA. The legal description is as follows:
Lot 11, Sea Spray Estates, Plat Book 21, Page 15, of the Public Records
of Palm Beach County.
The request for designation was initiated by the owner, Carl Steven Hayes.
Additional background and analysis is provided in the attached designation
Report.
The Historic Preservation Board considered this item at a Public Hearing on
February 4, 1998. After discussion, the Board voted unanimously to recommend
historic designation to the City Commission.
By motion, approve the ordinance designating the Price House, 1109 Sea Spray
Avenue, to the Local Register of Historic Places.
Attachment: Price House Designation Report.
filelulwwlprice-cc
DESIGNATION REPORT
HISTORIC PRESERVATION BOARD
DELRA Y BEA CH, FLORIDA
THE PRICE HO USE
1109 SEASPRA Y A VENUE
DELRAYBEACH, FLORIDA
THE PRICE HOUSE
Table of Contents
I. GENERAL INFORMATION
IL LOCATION MAP
III. HISTORICAL AND CULTURAL SIGNIFICANCE
IV.. ARCHITECTURAL SIGNIFICANCE
V.. STATEMENT OF SIGNIFICANCE
VI. BIBLIOGRAPHE SOURCES AND INTERVIEWS
VII. PHOTOGRAPHY
The Designation Report, and its associated research, was produced by Susan Kmssy,
Reseamh Atlantica, Inc., 728 Granada Way, Boca Raton, FL 33432. Revisions and
additions were made to the report subsequent to the relocation of the house from 526 N.
Ocean Boulevard to its present site, 1109 Sea Spray Avenue, by Patdcia Cayce, Planning
Department, City of Delray Beach.
I. GENERAL INFORMATION
Location: 1109 Sea Spray Avenue
Delray Beach
Flodda
Date of Construction: 1935
Principal Architect: Samuel Ogren, Senior
Present Owner: Cad Steven Hayes
Present Use: Residential
Present Zoning: R-1AAA
Palm Beach County
Tax Folio Number: 12-43-46-16 24-000-0110
Current Legal
Description: Lot 11, Sea Spray Estates, Plat Book 21, Page 15, of the
Public Records of Palm Beach County.
CLASSIFICATION FOR DESIGNATION: CULTURAL & ARCHITECTURAL
3
III. ARCHITECTURAL SIGNIFICANCE
The Price House was originally located at 526 North Ocean Boulevard. The
legal description of the original site was as follows: Revised plat of Blocks D &
E, Palm Beach Shore Acres, Lots 6 & West of State Road A-l-A, less the west
200 feet of Block E. A map of the original location is included in Chapter VI,
Bibliography and Sources. The house was relocated due to development
pressures and escalating land prices on Ocean Boulevard.
The Price house was designed in the Monterey style by architect Samuel Ogren,
Sr. and was constructed in 1935. The Monterey style was adapted from the
Spanish Colonial and American territorial period architecture of northern
California. The original buildings combined stucco exterior with traditional
wooden elements of New England style which were brought to California by
settlers from the eastern United States. The style gained revival status in
California in the 1920s and its popularity spread, mainly through the southern
United States, during the late 20s and the 1930s.
The most distinguishing characteristic of the Monterey style is the "second story
balcony (which is) usually cantilevered and covered by the principal roof.''~ In
Ogren's plan the design feature is repeated in an unusual double balcony on the
front facade which is separated by a symmetrical central block with brick
chimney. The balconies have simple wooden detailing typical of the Colonial
influence, beneath the left balcony is a porte cochere. Upon review of an historic
photggraph of the Price House the railings were originally decorative wrought
iron.z Additional details which appear in the photograph but are no longer
present are ornate wrought iron transoms above the ground floor windows.
The Price House is a two story wood frame structure with two one-story areas
located to the rear. The Iow pitched roof is cross gabled; the window treatment
is generally symmetrical. The first story exterior is sheathed in horizontal
clapboard, the second story is vertical batten and board.
A brick chimney, flanked by windows on the first and second floors, is a focal
point of the front facade. The front entry features a modest wood door surround.
The majority of the windows throughout the house are 6/6 and 6/1 double hung
sash and are flanked by wood shutters. The shutters are historically correct on
the second story but not on the first. Rear windows have been replaced with
aluminum awning windows. The original front windows on the first floor have
been replaced with fixed glass panes.
~ Virginia and Lee McAlester, "A Field Guide to American Houses". (New York:
Alfred A. Knopf, 1988), p. 431-433.
: "Uncataloged Photos from Sam Ogren, Sr., Personal Album of Homes He
Designed", Delray Beach Historical Society.
The rear entry has a unique glazed tile baseboard. Along a wall near the rear
entrance is a stone fountain set within a framework using the same blue and
yellow tile. Architect Ogren was known to enjoy tile work and used it frequently as
finishing details to his designs?
A review of building records for the City of Delray Beach reveals that remodeling
occurred in 1937 and repairs from fire damage were completed in 1976. Few
changes have been made to the intedor and extedor of the house. A description
of the Monterey style found on page 20 of the "Design Guidelines for Historic
Places: A Preservation Manual" compiled by the Histodc Preservation Board in
1990 for Delray Beach uses a sketch of the Price House as a good example of the
style.
Section 4.5.1(B)(3) of the City of Delray Beach LDRs outlines the cdteda for
determining the architectural and aesthetic significance of histodc structures.
Listed below are criteda which relate to this property, and justification for
designation:
(b) "Embodies those distinguishing characteristics of an architectural style,
period, or method of construction,"
The Price House is a good example of the Monterey style of architecture. It has a
distinct cantilevered balcony which adapted well to the Florida climate. The house
was designed by Samuel Ogren, Sr. during the Depression years of the 1930s
sometimes called the "Golden Age" for Delray Beach. While the style was quite
popular with South Florida's resort communities, most notably the Town of Palm
Beach, only six Monterey style residences were cited within the Delray Beach
Historic Sites Survey of 1987. Presently there is only one designated Monterey
style structure in Delray Beach. The Pdce House cleady fulfills criteria (b) for
listing in the Local Register of Histodc Places.
(c) "Is a historic or outstanding work of a prominent architect, designer,
landscape architect, or builder."
The single family Price House is a notable work of prominent architect Samuel
Ogren Sr. who was selected as Delray Beach's first "City Architect" in 1924.
Ogren, who had no formal training, designed over 250 houses between 1924 and
1950. His most recognizable works were the Arcade Tap Room and Delray Beach
High School. He also designed two Mediterranean Revival style houses on Delray
Beach's Bankers Row. Ogren was considered a key architect in the development
of Delray Beach's resort style. In 1935 he created the Better Housing Office "to
provide quality craftsmen, masons, artisans" in Delray Beach.4 Because the Pdce
House was designed by Ogren it cleady fulfills criteda (c) for listing in the Local
Register of Historic Places.
Interview: Samuel Ogren, Jr., 13, September 1997.
"Samuel Ogren, 88, First Resident Architect in Delray Beach", Fort
Lauderdal. e Sun-Sentinel, 23, February, 1988.
IV. HISTORICAL AND CULTURAL SIGNIFICANCE
During the 1930s Delray Beach experienced the world-wide Depression in a
unique manner. The period from 1933 through 1941 was considered a "Golden
Age" for this small beachfront community.5 Popular artists, writers, poets and
socialites maintained winter homes in Delray Beach. The social hub of this "Artists'
Colony" was the Arcade Tap Room. Celebrities ranged from popular cartoonist,
Fontaine Fox, to acclaimed poet, Edna St. Vincent Millay.6
As Delray Beach's reputation grew so did the number of winter visitors. By 1934,
1500 people filled the eight local hotels and guest quarters, greatly adding to the
full time population of 2800 residents.7 Hotels, clubs, shops, a marina and polo
grounds provided entertainment for these seasonal visitors.
Prominent South Florida architects were actively creating a resort style architecture
that reflected the lively lifestyles of both the seasonal and permanent residents.
Samuel Ogren Sr., Delray Beach's City Architect, provided leadership when he
created a Better Housing Office which contributed to the high quality of
construction by supplying trained craftsmen to the building trade.
Ogren designed more than 250 houses in Delray Beach between 1924 and 1950.
While his earlier designs were in the popular Mediterranean Revival style and
Mission style his commission in the mid 1930s for Mrs. Edwin A. Price was in the
Monterey style? The Price property extended from two small oceanfront lots east
of State Road A-1-A to a large double parcel over 400 feet deep on the west side
of A-1-A. Some of the homeowners along this portion of A-1-A constructed
cabanas or small chickees on their oceanfront properties. Seminole Indians were
employed to construct replicas of their traditional chickees. It is not known whether
the Pdce family had such an oceanfront facility.
The earliest available Delray Beach City Directory describes Mrs. Price as
"Margaret, widow of E.A. Pdce."9 It is unknown when Edwin A. Pdce died. The
given address for the odginal location of the Pdce residence in the directory is 611
North Ocean Boulevard. A bold O next to Mrs. Pdce's name denoted ownership of
the property. The 1953 City Directory gives the Price address as 616 North Ocean
Boulevard. It was a common practice to change house address numbers by either
city or fire department officials. The Pdce family retained ownership of this
property until it was acquired and relocated by the new owner, Cad Steven Hayes.
s "Design Guidelines for historic Places: A Preservation Manual", copliled by
the Historic Preservation Board, 1990, p. 3.
~ Lora Sinks Britt, ~Artists and Writers Colony", My Gold coast, (Palatka, FL:
Brittany House, 1984) p. 159.
? Delra¥ Beach News, 14, December, 1934.
"~Index of Designs", by Samuel Ogren, Sr., Job #52.
9 "Miller's Delray Beach City Directory" (Asheville, NC: Southern Directory
Co.), 1948-1949, and 1953-1954.
Section 4.5.1(B)(2) of the City of Delray Beach LDRs outlines the cdteria for
determining the historical and cultural significance of a property. Listed below are
the criteria which relate to this property and justification for designation:
(d)"Exemplifies the historical, political, cultural, economic, or social trends
of the community in history."
The Price House exemplifies the development of the City of Delray Beach dudng
its "Golden Age." The Depression was a decade of economic difficulties
throughout the United States but Delray Beach was able to adapt to those difficult
times by developing a resort community and artists' colony that provided an
environment for continued economic growth. The "Golden Age" attracted seasonal
visitors who helped stimulate local businesses. While it is not known what
professional or social positions were held by the Price family the size and original
location of their residence indicates a high degree of prosperity.
V. STATEMENT OF SIGNIFICANCE
The Monterey style house located at 1109 Sea Spray Avenue is significant as an
example of the work of prominent local architect, Samuel Ogren, Sr. Ogren was
the first City Architect for Delray Beach. His work included the Delray Beach High
School and the popular Arcade Tap Room. This oceanfront residence reflects
Ogren's work dudng the height of Delray Beach's "Golden Age" when the City
developed into a popular and successful resort community despite a nationwide
Depression.
It should be noted that there is only one individual designation of a Monterey style
building within Delray Beach; a relocated residence within the Old School Square
District, which now serves as the Judge Knott Center for Histodc Preservation.
Resettling histodc buildings is "sometimes necessary as the nature of many
original sites has been impacted."1° The Monterey style is recognized as
contributing to the appeal of Delray Beach as a winter resort community.
The designation of the Price House as a local histodc structure would result in the
recognition of this residence as an important element of the architectural and
cultural development of Delray Beach.
"Design Guidelines for Historic Places: A Preservation Manual", p. 50.
VI. BIBLIOGRAPHY, SOURCES AND INTERVIEWS
Britt, Lora Sinks, "Artists and Writers Colony", My Gold Coast, Palatka, FI: Brittany
House, 1984.
City of Delray Beach, Florida. Building Permits.
Delray Beach Historic Sites Survey, compiled by the Historic Palm Beach County
Preservation Board, July 1987.
"Design Guidelines for Historic Places, A Preservation Manual," compiled by the
Historic Preservation Board, Delray Beach. 1990.
McAlester, Virginia and Lee McAlester. A Field Guide to American Houses. New
York: Alfred A. Knopf, 1988.
Miller's Delra¥ Beach City Directory, Southern Directory Co. Publishers. Asheville,
North Carolina. Vol. 1, 1948-1949, and Vol. III, 1953-1954.
"Samuel Ogren, 88, First Residential Architect Delray Beach," obituary. Fort
Lauderdale Sun-Sentinel, 23, February 1988.
Ogren Family File, Delray Beach Historical Society.
"Uncataloged Photos from Samuel Ogren, Sr., Personal Album of Homes He
Designed," Delray Beach Historical Society.
Ogren, Jr., Samuel. Delray Beach, Florida, by telephone, 13 September 1997.
9
~/ .ICAN LANE SOUTH-
BRIDGE-
WATERWAY NORTH CONDO BOULEVARD HAMPTON
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~ ORIGINAL LOCATION OF THE PRICE HOUSE
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OTC 0¢ DELRAY BEACH, FL
-- DIGITAl. ,~ASE' 4¢AP $}"~l'g'M -- MAP REF: LM183
VII. PHOTOGRAPHY
PRICE HO USE
FRONT FACADE- PRIOR TO RELOCATION
THE PRICE HOUSE IN ITS ORIG1NAL LOCATION
PHOTOGRAPH SIGNED BY SAMUEL OGRE. N, SR., UNDATED
RIGHT PORTION OF THE FRONT FACADE
PRIOR TO RELOCATION
?
TILE BASEBOARD & FOUNTAIN
FRONT ENTRANCE REAR ENTRANCE
PRIOR TO RELOCATION
PRICE HOUSE IN TRANSIT
13
[IT¥ OF DELRI:I¥ BEI:I[H
CITY ATTORNEY'S 0FFIC[ ......
DELRAY BEACH
F L 0 R I ~ a
Al~ea City ~ ~ ~ O~ ~ D U ~
~ 993 TO: City Commission
FROM: ~rian ShutL Assistant City Attorney
S~B~ECT: ~nendment to Chapter I ]~ "Alcoholic Beverages" o~the City Ordinances
Attached please find the proposed chan~es to Ordinance 1]~.02~ "Prohibition of
Consumption o~ Alcoholic Beverages in Public Places". Our current ordinance provides
that it is a violation to consume an alcoholic beverage while in the public right-of-way.
However~ possession o~an alcoholic beverage in an open container is not addressed and the
cou~ ha8 taken the position that it is not a violation o~our Ordinances. ~his new ordinance
will make it a violation to possess an open container o~al~ohol in the public right-of-way
The current ordinance ~rants an exception to patrons o~ the Delray Beach ~unicipal ~olf
Course re~ardin~ eonsump6on o~ alcohol. The new ordinance ~ill continue to ~rant the
exception to patrons o~ the Deh-ay ~each Municipal ~o1~ Course re~ardin~ consumption of
alcohol or possession o~ an open alcoholic container as well as extendin~ the exception lo
patrons o~ the Lakeview ~oi~ Course. The new ordinance also provides that patrons
attendin~ a special event at the Tennis Center will also be excluded ~rom the provisions o~
this new ordinance, Special events at Old School Square are already exempted under the
current ordhlml~.
By copy of this memorandtm~ to David Harden, our office requests that ti'tis item be placed
on the February 17, 1998 City Commission agenda for their approval. Please call if you
have any questions.
Attachment
cc: David H~den
/
MacGregor-Ha.y
Alison
Chief Overman
ORDINANCE NO. 11-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 113,
"ALCOHOLIC BEVERAGES", SECTION 113.02, "PROHIBITION
OF CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC
PLACES", OF THE CITY CODE TO PROVIDE THAT IT IS A
VIOLATION OF THIS ORDINANCE TO POSSESS AN OPEN
CONTAINER OF AN ALCOHOLIC BEVERAGE IN CERTAIN
PUBLIC PLACES; TO CLARIFY THE ABILITY OF PATRONS TO
CONSUME ALCOHOL AT THE LAKEVIEW GOLF COURSE AND
DURING SPECIAL EVENTS AT OLD SCHOOL SQUARE AND THE.
TENNIS CENTER; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 113.02 of the City Code,
consuming alcohol while in the public right-of-way is a violation of
the City Code; and
WHEREAS, the City Commission deems it to be in the public
interest to also prohibit the possession of an open container of an
alcoholic beverage while in the public right-of-way.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 113, "Alcoholic Beverages",
Section 113.02, "Prohibition of Consumption of Alcoholic Beverages in
Public Places", of the Code of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as
follows:
Section 113.02 PROHIBITION OF CONSUMPTION OR POSSESSION OF OPEN
CONTAINERS OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES.
(A) Within this city it shall be unlawful for any person
to consume alcoholic beverages or have in his/her possession any open
container containinq an alcoholic beveraqe while such person is:
(1) On the public streets, sidewalks, alleys and
other rights-of-way with the exception that seated patrons of a
permitted sidewalk cafe may consume alcoholic beverages;
(2) On the beach;
(3) In public parks, W~/~6/6X~6~ provided,
however, that patrons of the restaurant~ located at the Delray Beach
Municipal Golf Course and Lakeview Golf Course may consume alcoholic
beverages on the Delray Beach Municipal Golf Course and Lakeview Golf
Course when they are 9olfing, and ~/~~/~/~~/~~
~~/~/~~~/~/~/~~/~/~ patrons attendinq an
Old School Square, Inc. event at Old School Square or a Delray Beach
Tennis Center event at the Delray Beach Tennis Center may consume
alcoholic beveraqes durinq the event ~~/~/~~/~~;
(4) In motor vehicles or trailers; or
(5) On business property outside the buildin9 with
the exception that patrons seated at permanent tables provided by the
business may consume alcoholic beverages.
(B) Any person may request that the City Manager waive the
applicability of division (A) for certain public functions or
affairs. The City Manager shall have seven (7) days to consider such
a request and if denied, the applicant may appeal the denial of the
request to the City Commission. Such appeal to the City Commission
must be made within seven (7) days and will be considered by the City
Commission within thirty (30) days of the denial.
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1998.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 11-98
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITYMJ~AGER~
SUBJECT: AGENDA ITEM #]~ REGULAR MEETING OF FEBRUARY 17, 1998
ORDINANCE NO. 13-98 (TEMPORARY PARKING LOTS)
DATE: FEBRUARY 13, 1998
This is first reading for Ordinance No. 13-98 which amends LDR
Section 2.4.6(H), "Temporary Use Permits", to allow temporary
parking lots in certain areas when approved by the City
Commission. The concept behind the amendment was suggested by the
Parking Management Team last year as a means to address the
growing demand for parking downtown.
The temporary parking lots would be permitted only in specified
sections of the Central Business District and in portions of the
non-residential zoning districts between Swinton Avenue and 1-95.
Parking provided through these lots would be supplemental and
could not be used to fulfill minimum off-street parking
requirements. They would not be held to the strict design
standards required for parking lots, but would have to meet
certain specifications.
The Parking Management Team (now Advisory Board) and the Community
Redevelopment Agency have reviewed and commented on the proposed
text amendment. The Planning and Zoning Board considered the
amendment at a public hearing on January 26, 1998, and voted
unanimously to recommend approval subject to two modifications
which have been incorporated into the proposed ordinance.
Recommend approval of Ordinance No. 13-98 on first reading. If
passed, a public hearing will be scheduled for March 3, 1998.
ref:agmemo21
I I
TO: DAVID T. HARDEN, CiTY MANAGER
DIANE DOMINGUEZ, P & Z DIRECTOR ' '
SUBJECT: MEETING OF FEBRUARY 17, 1998
LDR AMENDMENT ALLOWING TEMPORARY PARKING LOTS TO BE
PERMITTED WITHIN CERTAIN SECTIONS OF THE CBD AND PORTIONS OF
THE NON-RESIDENTIAL ZONING DISTRICTS BETWEEN SWINTON AVENUE
AND 1-95.
Last year, the Parking Management Team recommended that the Land Development
Regulations be amended to allow the use of vacant lots for temporary parking in the Central
Business District. There are currently no such provisions in the code. Current regulations
require that all parking lots within the City must meet standard design specifications. This usually
consists of an asphalt surface over a shellrock or limerock base, drainage, striping, lighting, etc.
In many cases, downtown business owners wish to provide additional parking (not required by
code) to help meet the growing demand, but the costs of meeting the design standards is
beyond their means. In other cases, they are able to make arrangements with other property
owners to use their land for parking, but the owners do not want to make significant
improvements to the property because their long term plans may call for a different use.
This amendment will allow additional parking to be provided more economically with a surface of
crushed rock, gravel or mulch and minimal landscaping. These lots will provide supplemental
parking. They may not be used to fulfill minimum off-street parking requirements. As the City
and CRA phase in more public spaces and the private sector provides additional permanent
spaces, the use of these temporary lots will be phased out.
The proposed amendment furthers Comprehensive Plan Future Land Use Element Po/icy C-4.1,
in that it encourages rehabilitation and revitalization in the downtown area by providing a means
to accommodate additional parking needs.
Parkinq Manaqement Team
At its meeting of January 21, 1998, the Parking Management Team voted unanimously to
recommend approval of the amendment, with the following comments:
· Annual permit extensions should be reviewed by the Parking Management Advisory Board.
The language should be made clearer on this point.
· Pursuant to comments made by the City Engineer, the rock base should be increased from 2
inches to 4 inches in depth to support the proposed loads.
· Verify requirements pertaining to Florida Accessibility Code.
· Temporary lots should also be allowed in the CBD, east of the Intracoastal Waterway and
between NE 2~d Avenue and the railroad in Pineapple Grove.
· Instead of removing the rock base prior to landscaping after a parking lot is discontinued,
just cover the rock with top soil and landscape over the stabilized surface
City Commission Documentation
Amendment to LDR Section 2.4.6(H), Temporary Use Permit
Page 2
These changes were incorporated into the amendment prior to consideration by the Planning &
Zoning Board.
Community Redevelopment Agency
The CRA reviewed the proposed amendment at its January 22, 1998 meeting. Although the
Board did not make a formal recommendation, they made the following comments:
· The lots should also be permitted in the West Atlantic Avenue area;
· The cost of constructing a temporary lot to the proposed standards might be too high and
would limit the number of applicants who might consider it; and,
· What enforcement actions would be taken against existing illegal parking on vacant lots?
These comments were presented to the Planning & Zoning Board for discussion.
Planning & Zoning Board
The Planning and Zoning Board held a public hearing on the proposed amendment at its
meeting of January 26, 1998. The Board unanimously recommended approval of the
amendment subject to the following two modifications:
· Temporary lots should also be permitted in the non-residential zoning districts in the West
Atlantic Avenue corridor; and,
· As an alternative to contracting with FPL, the applicants may provide their own site lighting
in the parking lot.
The suggested changes have been incorporated into the proposed ordinance.
By motion, approve the proposed amendments to LDR Section 2.4.6(H), Temporary Use Permit,
as attached, based on a finding that the amendment furthers the goals, objectives and policies
of the Comprehensive Plan which relate to the revitalization of the downtown area.
Attachment:
· Proposed LDRAmendment
ORDINANCE NO. 13-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13,
"CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION
4.4.13(B), "PRINCIPAL USES AND STRUCTURES
PERMITTED" OF THE LAND DEVELOPMENT REGULATIONS OF
THE CIT~ OF DELRAY BEACH, BY ADDING
'RESIDENTIAL-TYPE INNS' AS A PERMITTED USE IN THE
CBD; AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE
HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION
4.4.24(D), "CONDITIONAL USES AND STRUCTURES
ALLOWED", BY ADDING 'RESIDENTIAL-TYPE INNS' AS A
CONDITIONAL USE IN THE OSSHAD; AMENDING SECTION
4.4.24(G) TO PROVIDE SUPPLEMENTAL DISTRICT
REGULATIONS FOR 'RESIDENTIAL-TYPE INNS'IN THE
OSSHAD; AMENDING SECTION 4.4.24(H) TO PROVIDE
SPECIAL DISTRICT REGULATIONS FOR 'RESIDENTIAL-TYPE
INNS' IN THE OSSHAD; AMENDING SECTION 4.3.3(X) TO
MODIFY THE SPECIAL REQUIREMENTS PERTAINING TO
'RESIDENTIAL-TYPE INNS'; AMENDING APPENDIX "A",
"DEFINITIONS" TO REVISE THE DEFINITION FOR
' RESIDENTIAL-TYPE INNS '; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the proposed text amendments at a public
hearing on January 26, 1998, and forwarded the changes with a
recommendation of approval; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the changes are consistent with and further the
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
. Administrative Provisions",
Section 1 That Chapter Two, " ' '
Article 2.4, "General Procedures", Section 2.4.6, "Procedures for
Obtaining Permits and Approvals", Subsection 2.4.6(H), "Temporary Use
Permit", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as
follows:
· (H) Temporary Use Permit: A temporary use permit shall be
required for any of the uses listed below. The granting authority of
each use is as shown.
1. Circuses or Carnivals -- City Commission
2. Uses under a Tent -- City Commission
3. Sales Offices and Models at a Residential
Development Site -- Chief Building Official
4. Construction Trailers and Compounds -- Chief
Building Official
5. City Operated Facilities -- City Commission
6. Seasonal Farmer's Market -- City Commission
7. Temporary Parking Lots -- City Commission
(3) Regulations and Restrictions:
(d) Temporary Parking Lots:
1__~. A Temporary Parkinq Lot may be
permitted within the following areas:
** the portion of the Central Business
District (CBD) which is bounded by
Swinton Avenue on the west, the
Intracoastal Waterway on the east,
N.E. 2nd Street on the north, and
S.E.. 2nd Street on the south;
*__* the portion of the CBD and CBD-RC
District which is bounded by N.E.
2nd Avenue on .the west, the FEC
Railway on the east, N.E. 2nd
Street on the south, and N.E. 4th
Street on the north;
** the portion of the CBD located east
of the Intracoastal Waterway;
- 2 - Ord. No. 13-98
*t the non-residential zoning
districts bounded by Swinton Avenue
on the east, 1-95 on the west, N W
let Street on the north, and S.W.
let Street on the south.
Temporary parking lot spaces shall not
be used to fulfill minimum off-street
parking requirements for new
development or redevelopment.
Temporary lots may be used to
supplement required parking.
Prior to issuance of the temporary use
permit, the applicant shall submit a
site plan which includes proposed grade
elevations,
landscaping and other
information which addresses the regular
maintenance of the parking surface and
irrigation of the landscaped areas.
The City Engineer shall approve the
grading plan for the parking lot. The
site plan shall be reviewed and
recommended for approval by the Parking
Management Advisory Board prior to
submission to the City Commission for
consideration.
Permits for temporary ..parking lots
shall be issued for a period.
one-year
Permits may be renewed annually to a
maximum of three (3) years upon review
and positive recommendation by the
Parking Management Advisory Board.
The temporary parking lot shall be
monitored for compliance with the
approved plan. Should the City Manager
find that the operation of a lot is not
in compliance or if the lot has an
adverse effect on surrounding
properties, and the applicant is unable
or unwilling to rectify the problem the
permit may be reviewed by the City
Commission for possible revocation.
- 3 - Ord. No. 13-98
7. Within thirty (30) days of expiration
ii of the permit, all rock or qravel
surfaces shall either be removed or
covered with top soil. The site shall
then be sodded or landscaped as
determined acceptable by the Planninq
and Zoninq Department.
8. A Temporary Parkinq Lot shall be
constructed to the followinq
specifications:
a. The parkinq lot surface shall be
brouqht to qrade with a dust-free
surface of one of the followinq
materials over soil which has been
compacted to 95% maximum density
per AASHTO T-180:
** four inches of crushed limerock
or shellrock coated with a
prime coat per FDOT "Standard
Specifications for Road and
Bridqe Construction", latest
edition;
*__* four inches of pearock, qravel
or river rock; or
*__* six inches of mulch.
b If the lot is not operated on a
100% valet basis, wheel stops shall
be provided as a means to indicate
individual spaces. The size of the
parkinq spaces, maneuverinq areas
and aisle widths shall be subject
to the standards of Section
4.6.9(D) (4). In addition, the
parkinq lot shall meet the
requirements of the "Florida
Accessibility Code for Buildinq
Construction".
C. If the lot is operated on a 100%
valet basis, then wheel stops shall
be provided at the edqe of the
parkinq surface.
- 4 - Ord. No. 13-98
d. The lot shall meet the requirements
of Section 4.6.9(D) (3) for access
to the street system. Driveway
aprons between the edqe of pavement
and the riqht-of-way line shall be
constructed of asphalt or concrete.
e. The parkinq lot perimeter shall be
buffered with a minimum 3 feet wide
landscape strip, screened with a
minimum 2 feet hiqh hedge or 4 feet
high opaque fence. Water for
irriqation shall be available
within fifty (50) feet of all
landscaped areas.
f. If the parkinq lot is to be
utilized at niqht, the applicant
shall contract with FPL to install
supplementary lightinq on adjacent
power poles where possible. The
applicant may, as an option,
provide alternative on-site
liqhtinq for the parkinq lot.
~. Trees of 4 inches or qreater
diameter at 4-1/2 feet above the
ground shall not be removed.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective
immediately upon its passage on second and final reading.
- 5 - Ord. No. 13-98
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1998.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 6 - Ord. No. 13-98
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING -.FEBRUARY 17, 1998 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE AGENDA IS AMENDED BY ADDING THE FOLLOWING:
14. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8)
re: Tare v. City of Delray Beach and Lake Worth Drainage
District.
Attendees: Mayor Jay Alperin
Commissioner Kevin Egan
Commissioner Ken Ellingsworth
Commissioner David Randolph
Commissioner David Schmidt
City Manager David T. Harden
City Attorney Susan A. Ruby
Assistant City Attorney David Tolces
A certified court reporter
PurDose: Discuss settlement negotiations and strategy
related to litigation expenditures in the
referenced case.
13:41 F.~ 407 275 4755 DEL BCH C'fY ATTY ~,-~, CITY HALL
' [lTV OF I]ELRI:IV BEI:I[H
CITY ATTORNEY'S OFFICE
~LEPFIONi~ $61/243-7090 - FACSIMIL~ $61/278-4755
Writer's DJl'~ct Lir~: $61/2~3-7091
p~,t~?, a?afq MEMORANDUM
~ DATE: February 17, 1998
~-~ FROM: 5usart A. Ruby, City Attorney
SUBJECT: Tare v. CiL'y of Delray Iteach anti I~iake Worth Drainage Distric[
The purpose of r..l:ds memorandum is to call for a closexl atwrney-clicn~ session pursuant to
Florida Statutes 286.011(8) for the February 17, 1998 City Commission meeting to discuss
settlement negotiations and s~atcgy related to litigation expenditures in the above case.
Stric~ compliance with Florida Statutes S~tion 286.011(8) is required by law. Therefore,
prior to the cormnencement of the closed attorney--client session the Mayor shotdd read the
following:
"The City has scheduled a clo~ed attorney--client session pursuant ro Florida
Statutes Section 286.011(8) ia the case of Stanley Tare vs. the City of
Delray Beach and Lake Worth Drainage District. The estimated length of
thc closed session shall be 30 minutes. The followh~g persons will be
attending: Mayor Jay Alperin, Conm~ssioncrs Ken Ellmgsworth, David
Randolph, Kevin Egan, David Schmidt. City Manager David Harden, City
Attorney Susan Ruby, Assistant City Attorney David Tolces, and a certified
¢oBrt reporter."
After the closed session is over, the Mayor should announce that the r~gular meeting is
~eopened, and the closed session is terminated.
By copy of this memorandum to David Harden, our office requests that the agenda be
prq>ared giving reasonable public notice of' the time and date of the closed attorney-client
session for l:~bruary 17, 1998 and that the agenda item iaclude the name of the case, the
nantes set forth above of those per$om attending the session, and identify the item as a
closed door session pursuant to Florida Stanite 256~011. Our office will arrange for a court
present as required by statute. At~tached is a copy of Fla. Stat. 286.011.
cc: David Harden, City Manager
Alison MacGregor Harry. City Clerk
D~vid Tolces, Assistant City Attorney
Bill Doney, Esq.
Sun Coast Reporters
PEL C~7' c'l I x
5__ -': F.S. 1995 PUBI.JC 8US[NESS;_ MISCELLANEOUS PROVISIONS Ch. 286
~,~ based. The requirements ut this section do riot apply to appeals any court order which has found said board,
' ~' ~he nol~ce provided {ns, 200.065(3), commission, agency, or autllori[*y to have violated mis
..',;. ~.~-~.-,, ~. ~. m-~.~: ~. ~.. ~.~-~e ~- ~ae, ~. ~-~. section, and such or<asr ~s affirmed, the court shall
";' assess a reasonable attorney's tee for the elapse!
~ 286.011 Public meetings and records: I~ul~tic against such board, commission, agency, or authority,
inspection: criminal and civil penaJtJes.~ Any fees so assessed may be assessed against [he in(ai-
{1) ,~11 meetings ut any board or c~mmission of any vidUal member or members of such board or
state agency o~ ~u~honty or of any agency or auJhorJty sion: provided, that in any case where the board or
: of ;[ny county, municipal coq:~oradon, or political subdjvi- mission seeks the advice of il:s attorney a~d such advice
:. : sion. e~ceDc as othep, vise provided in [he C~lstYa.ltJon. is followed, no such fees shall be assessed against the
at which official aces are to be taken are declared to tae il~dividual metnber or membecs of the board or commi~-
~ ! public meetings open to ~he public ~t ali [ime~. ~a no sion. '
- :, re=oludon, rum. or formal action sllaJl be considered (6) All persor~s subject to subsection (1) are
binding excep~ as ta~(en or made at such mee[ing. The itecl from I~olding meetings al any facility or'loc~tion
.. board or commission must provide raasonaJale nodes of which discriminates on the basis of se~r, age, mca,
~ll such meetings, creed, color, origin, or economic status ~ wt~ic..n oper-
,. (21 The minutes of a meeting of any such bored or ales in such a manner as to unreasonably restrict public
commission of any 3uch state agency or authority shall
access to such a ~acili~y.
be promb[l¥ recorded, and such records sr~all be open (7) Whenever any member of any board or commis-
to public inspection. The cJrcuJt courts of tllis state shall sio~ of ~y slate agency or authority or any a~jency or
::' ' have lunscaiction m issue injuncuons to enforce the put- authority of any c~unty, munic. Jpal corporation, or poll!i-
' poses ut ~llis section upon appiic..ation Dy any citizen of cai subdivision iS charged with a violation of this
· :~- this state, and is Subsequendy ac_~uit~ed, the board or czammissmn
(~Xa) Any put~lic officer who rio/ales any provision is au[hunted to reimburse said n-~mber for any portion
of this section is guilty of a noncriminal inlracdon, pun- of his or her reasonable attorney's fees.
.. isnatale by fine not exceeding $500. (8) Notwithstanding the provisions of subsection (1
(bi Any persc~'~ who is a member of a board ~r cum- any board or commission of any st~£e agency or author-
? mission or of any state ~genc¥ or authority ut ~ny ity or any agency or authori~ ol any count', municipal
:., coun[y, municipal corporation, or politic, al subdivision corporation, or political subdivision, and the chief a,~cnin.
who knowingly viola[es the p~ovisions of this section by iS!relive or executive officer ut the governmental entity,
'.. attending a meeting no~ held in accorglance with the pro- may meet in private with the entity's attorney to discuss
visions hereof is guilty of a mJsc~emeanor of the second pending litigation to which the entity is presently a parry
oegree, punishable as provided in s. 77§.08~ or s. before a cour~ or administrative agency, p~ovided
775.083. the following conditions are met;
(c) Con0uct which occurs outs/de the state which (a) The entity's attorney shall advise the entit'y et a
: would c~nstitute a k~wing violation of this section is a public meeting thee he or stye desires advice c~nceming
~. m~sdemeanor of the second degree, punishable as pr~- the litigation.
',-T,;'. I vided in s. 775.082 or s. 7'75.083. {bi The subject matter of the meeting shall be con-
:~. (41 Whenever an action has been filed against any fined to settlement negotiations or strategy sessions
;.~ board or commission ut any state'agency or authority or related to litigation expenctitures.
: any agency or authority of any county, municipal
-;'~ ~ (c) The entire session shall De ~'ecorded by a car!i-
· :. j ration, or 13oli[ic,.al subdivision to enforce [he provis~ns fled couffi reporter. 1'he reporter shall record ~e ~Jmes
: ~ of this section or to invalidate the actions of ~ny such of c~mmencemen¢ and termination of the session.
board, commission, agency, or authority, which
was taken in violation of ~is section, and ~e court ~aiscussion and pt~ceedlngs, the names of all persons
presett~ at ~ny time. and the names of all persons speak-
determines that [he defendant or detendan~s to such ing. No portion of the session shall be off the rec~fo. The
action actec~ in viola!iota of this section, the cour~ shall cotJr~ relaorter's notes shai! be fully transc~bed am:~ filed
assess a ceasonable artocney's fee against such
with Ule entity's cJerk within a reasorlable time after the
agency, and may assess a reasonable attorney's tee meeting.
a~a~nst the individual filing suct~ art action if the c.~urt
rinds ii was filed in bad faith or was frivolous. Any fees (d) The entit~ shall give reasonable public notice of
, [he ~ime and date of ~e attorney-client sesslo~ and
so assessed may be assessed against the in~iv~uaJ
names of persons who will be a[lending the session, The
member or members of such board or cot~al'nission: pro- sessio~ shall comme~c.e al an open meeting at which
vided, the[ in any case wtlefe ~tle I:xaa(d or
seeks the advice of its at~omey and such advice is fbi- the pe~sons chairing the meeting shall announce the
lowed, no such fees shall be assessed against !,he indi- commencement and estimated length of tt~e &t[orne¥-
vidual member or members of the board or commission, c_/ient session and the names of the persons al!ending.
However, ~his subsec:tio~ shall not aplaly to a ate, to actor- At the conclusiorl of the a~orney-client session, the
ney or his or Iler ~uJy authorized assistant's or any officer meeting shall be reopened, and the person chairing [he
charged with enforcing ~e provisions of this section, meeting shall allnounce the termination of the session.
(5) Whenever any board or commission of any state (e) The transcript shatl be made part of the public
agenc"y or authority or any agency or aul~ of an.y record upon conclusion of the litigation.
county, municipal corporation, or political S~jbdivision ~. aa, ~. m-~-.: ~. ~, ~a. sa..z~ =. tm. c~. ~5-~a: ~ ~, ~.
5O3
[ITY I)F DELII;lY BERgH
CiTY ATTORNEY'S OFFICE
TELEPHONE 561/243-?090 · FACSIMILE 561/278-4755
Writer's Direct Lin~: 561/243-7091
DELg^Y BEACH
llI.A~i~¢ty DATE: February 17, 1998
1993 FROM: Susan A. Ruby, City Attorney
SUBJECT: Tatev. Ci.ty of Delray Beach and Lake Worth Drainage District
The purpose of this memorandum is to call for a closed attorney-client session pursuant to
Florida Statutes 286.01.1(8) for the February 17, 1998 City Commission meeting to discuss
settlement negotiations and strategy related to litigation expenditures in the above case.
Strict compliance with Florida Statutes Section 286.011(8) is required by law. Therefore,
prior to the commencement of the closed attorney-client session the Mayor should read the
following:
"The City has scheduled a closed attorney-client session pursuant to Florida
Statutes Section 286.011(8) in the case of Stanley Tate vs. the City of
Delray Beach and Lake Worth Drainage District. The estimated length of
the closed session shall be 30 minutes. The following persons will be
attending: Mayor Jay Alperin, Commissioners Ken Ellingsworth, David
Randolph, Kevin Egan, David Schmidt, City Manager David Harden, City
Attorney Susan Ruby, Assistant City Attorney David Tolces, and a certified
court reporter.'
After the closed session is over, the Mayor should announce that the regular meeting is
reopened, and the closed session is terminated.
By copy of this memorandum to David Harden, our office requests that the agenda be
prepared giving reasonable public notice of the time and date of the closed attorney-client
session for February 17, 1998 and that the agenda item include the name of the case, the
names set forth above of those persons attending the session, and identify the item as a
closed door session pursuant to Florida Statute 286.011. Our office will arrange for a court
present as required by statute. Attached is a copy of Fla. Stat. 286.011.
cc: David Harden, City Manager
Alison MacGregor Harry, City Clerk
David Tolces, Assistant City Attorney
Bill Doney, Esq.
Sun Coast Reporters
tatel4.sar
; F.S. 1995 PUBUC BUSINESS: MISCELLANEOUS PROVISIONS Ch. 286
-~.' based. The requirements of this section do not apply to appeals any court order which has found said board,
~" the notice provided in s. 203.065(3). commission, agency, or authority to have violated this
,..'-. ~.=ow.-,. ~, :.. 8o-~50: ~. =,~. ~ 88-~ =. a~e. c.. e.~.,,~, section, and such order is affirmed, the court shall
assess a reasonable attorney's fee for the appeal
'e 288.011 Public meetings and records; public against such board, commission, agency, or authority.
:e inspection: criminal and civil penalties.-- Any fees so assessed may be assessed against the incli.
;s (1) All meetings of any board or commission of any vidual member or members of such board or commis-
d state agency or authority or of any agency or authority
:s : of any county, municipal corporation, or political subdivi- sion; provided, that in any case where the board or cpm-
' i sion, except as otherwise provided in the Constitution, mission seeks the advice of its attorney and such advice
Df ' at which official acts are to be taken are declared to be is followed, no such fees shall be assessed against the
:r ' ~ public meetings open to the public at all times, and no individual member or members of the board or commis-
d i resolution, rule, or formal action shall be considered sion. '
· (6) All persons subject to subsection (1) are prohib-
,~ ~ binding except as taken or made at such meeting. The ired from holding meetings at any facility or'location
t, board or commission must provide reasonable notice of which discriminates on the basis of sex, age, race,
al such meetings, creed, color, odgin, or economic status or which oper-
: .. (23 The minutes of a meeting of any such board or ares in such a manner as to unreasonably restrict public
:1 commisszon of any such state agency or authority shall
.~ .~ be promptly recorded, and such recorcls shall be open access to such a facility.
~ to punlic inspection. The circuit courts of this state shall (7) Whenever any member of any board or commis-
sion of any state agency or authonty or any agency or
:2' have jurisdiction [o issue injunctions to enforce the put- authority of any county, municipal corporation, or politi-
poses of this sec:ion upon application by any citizen of cai subcliviszon is charged with a violation of this section
.::- this state, and is subsequently acquitted, the board or commission
(3)(a) Any public officer who violates any provision is authorized to reimburse said member for any portion
: of this section is guilty of a noncriminal infraction, pun- of his or her reasonable attorney's fees.
f -. isna~31e by fine no: exceeding $500.
f ; (b) Any person who is a member of a board or cpm- (8) Notwithstanding the provisions of subsection (1),
any board or commission of any state agency or author-
- mmslon or of any state agency or authority of any ity or any agency or authority of any county, municipal
:.. county, municipal corporation, or political subdivision corporation, or political subdivision, and the chief edmin-
who knowingly violates the provisions of this section by istrative or executive officer of the governmental entity,
"- attending a meeting not held in accordance with the pro-
may meet in private with the entity's attorney to discuss
visIons hereof is guilty of a mis~3emeanor of the second pending litigation to which the entity is presently a party
degree, pumshable as provided in s. 775.082 or s. before a court or administrative agency, provided that
775.083.
(cl Conduct which occurs outside the state which the fo,owing conditions are met:
(a) The entity's attorney shall advise the entity at a
: ! would constitute a knowing violation of this section is a public meeting that he or she desires advice concerning
;~ ~ m,sc~emeanor of the second degree, punishable as pro- the litigation.
,~,.~_ ! vialed in s. 775.082 or s. 775.083. (b) The subject matter of the meeting shall be con-
... (4) Whenever an action has been filed against any fined to settlement negotiations or strategy sessions
board or commission of any state agency or authority or
related to litigation expenditures.
? : any agency or authority of any county, municipal corpo-
:;'-~ i (c) The entire session shall be recorded by a certi-
;~' I ration, or political subdivision to enforce the provisions fled court reporter. The reporter shall record the times
: of this section or to invalidate the actions of any such
'~' board, commission, agency, or authority, which action of commencement and termination of the session, all
was taken in violation of this section, and the court discussion and proceedings, the names of all persons
determines that the defendant or defendants to such present at any time, and the names of all persons speak-
action acted in violation of this section, the court ~all lng. No portion of the session stroll be off the record. The
assess a reasonable attorney's fee against such court reporter's notes shall be fully transcribed and filed
agency, and may assess a reasonable attorney's fee with the entity's clerk within a reasonable time after the
aganst the individual filing such an action if the court meeting,
tinds it was filed in bad faith or was frivolous. Any fees (d) The entity shall give reasonable public notice of
so assessed may be assessed against the individual the time and date of the attorney-client session and the
names of persons who will be attending the session. The
member or members of such board or commission; pro-
vialed, that in any case where the board or commission session shall commence at an open meeting at which
seeks the advice of its attorney and such advice is fbi- the persons chaldng the meeting shall announce the
lowed, no such fees shall be assessed against the indi- commencement and estimated length of the attomey-
vidual member or members of the board or commission, client session and the names of the persons attending.
However, this subsection shall not apply to a state attor- At the conclusion of the attorney-client session, the
ney or his or her duly authorized assistants or any officer meeting shall be reopened, and the person chaldng the
charged with enforcing the provisions of this section, meeting shall announce the termination of the session.
(5) Whenever any board or commission of any state (e) The b-anacript shall be made part of the public
agency or authority or any agency or authority of aq.y record upon conclusion of the litigation.
county, municipal corporation, or political subdivision =. 33. ¢~% 91-224: ~. 1,
503
WOODS OF SOUTHRIDGE
SPECIAL ASSESSMENT DISTRICT
ASSESSMENT ROLL "B"
SUBDIVISION: 13 ASSESSMENT: $ 932.06
BLOCK: 008 LOT: 0!50
PROP-ADDRESS: 2445 SOUTI~RIDGE RD
SCHULTZ FRANK J & MAXINE L LEGAL:
2445 SOU'iSARIDGE RD SOUTFIRIDGE
DELP~AY BEACH FL' LT 15 BLK 8
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06'
BLOCK: 008 LOT: 0160
PROP-ADDRESS: 2439 SOUTHRIDGE RD
BAPTISTE ALFRED & LOUISETTE D LEGAL:
2439 SO~IDGE RD SOUTHRIDGE
DELRAY BEACH FL LOT 16 BLK 8
33444
SUBDIVISION: 13 ASSESSMF_/T~: $ 932.06'
BLOCK: 008 LOT: 0170
PROP-ADDRESS: 2433 SOUTI-IRIDGE RD
QUINN DEBEA C LEGAL:
2433 SOITTI-IRIDGE RD SO~IDGE
DELP~AY BEACH FL LOT 17 BLK 8
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06
BLOCK: 008 LOT: 0180
PROP-ADDRESS: 2425 SOUTI{RIDGE RD
KROCKA DENISE R & LEGAL:
KENDRICK B MEDEARIS SOUTHRIDGE
2425 SOUTI-IRIDGE RD LOT 18 BLK 8
DELl{AY BEACH FL
33444
(ll)
WOODS OF SOUTHRIDGE
SPECIAL ASSESSMENT DISTRICT
ASSESSMENT ROLL "B"
SUBDIVISION: 13 ASSESSMENT: $ 932.06'
BLOCK: 008 LOT: 0190
PROP-ADDRESS: 2421 SOUTHRIDGE RD
CONGDON BRUCE L & VERA LEGAL:
62 NASSAU AVE SOUTHRIDGE
KENNER LA LOT 19 BLK 8
70065
SUBDIVISION: 13 ASSESSMENT: $ 932.06
BLOCK: 008 LOT: 0200
PROP-ADDRESS: SOUTHRIDGE RD
D'ADDIO WILLIAM & PAMELA J LEGAL:
660 LINTON BLVD # 105 SOUTHRIDGE
DELRAY BEACH FL LT 20 & W 1/2 OF ABNDED
CENTRAL AVE LYG E OF & ADJ TO
33444 BLK 8
SUBDIVISION: 13 ASSESSMENT: $ 932.06'
BLOCK: 009 LOT: 0010
PROP-ADDRESS: SOUTHRIDGE RD
DEMEZIER BARTHELEMY J LEGAL:
924 SE 3RD AVE SOUTHRIDGE
DELRAY BEACH FL LOT 1 BLK 9
33483
SUBDIVISION: 13 ASSESSMENT: $ 932.06
BLOCK: 009 LOT: 0020
PROP-ADDRESS: 2420 SOLFI":tRIDGE RD
SIDORKO DAVID J LEGAL:
2420 SOUTHRIDGE RD SOUTHRIDGE
DELRAY BEACH FL LOT 2 BLK 9
33444
(12)
WOODS OF SOUTA'RIDGE
SPECIAL ASSESSMENT DISTRICT
ASSESSMENT ROLL "B"
SUBDIVISION: 13 ASSESSMENT: $ 932.06
BLOCK: 009 LOT: 0030
PROP-ADDRESS: 2424 SOUTPIRIDGE RD
AVAMPATO SHIRLEY LEGAL:
2424 SOUT~RIDGE RD SOUTHRIDGE
DELRAY BEAC~ FL' LOT 3 BLK 9
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.0~~
BLOCK: 009 LOT: 0040
PROP-ADDRESS: 2432 SOUTI{RIDGE RD
CARROLL ROBERT E JR & DONNA T LEGAL:
2432 SOUT}tRIDGE RD SOUTErRIDGE
DELRAY BEAC/4 FL LOT 4 BLK 9
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06'
BLOCK: 009 LOT: 0050
PROP-ADDRESS: 2438 SOUTPIRI~E RD
PALACIOS FRANCISCO J & LEGAL:
GISELLE Y PALACIOS H/W SO~IDGE
2438 SOUTI-IRIDGE RD LOT 5 BLK 9
DELRAY BEACH FL
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06'
BLOCK: 009 LOT: 0060
PROP-ADDRESS: 2444 SO~IDGE RD
MEDEIROS DYLAN R & JODY LEGAL:
2444 SOUT~IRIDGE RD $OUT~IDGE
DELRAY BEACH FL LOT 6 BLK 9
33444
(13)
WOODS OF SOUTHRIDGE
SPECIAL ASSESSMENT DISTRICT
ASSESSMENT ROLL "B"
SUBDIVISION: 13 ASSESSMENT: $ 932.06'
BLOCK: 009 LOT: 0070
PROP-ADDRESS: 2452 SOUTHRIDGE RD
RUSTAN TIMOTHY & DIANE LEGAL:
2452 SOUTHRIDGE RD SOUTHRIDGE
DELRAY BEACH FL LOT 7 BLK 9
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06'
BLOCK: 009 LOT: 0080
PROP-ADDRESS: 2458 SOUTHRIDGE RD
KAMALU RUSS K &ANANTA D LEGAL:
2458 SOUTHRIDGE RD SOUTHRIDGE
DELi{AY BEACH FL LOT 8 BLK 9
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06"
BLOCK: 009 LOT: 0090
PROP-ADDRESS: 2464 SOUTHRIDGE RD
HODGE DONNA B LEGAL:
2464 SOUTHRIDGE RD SOUTHRIDGE
DELRAY BEACH FL LT 9 BLK 9
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06'
BLOCK: 009 LOT: 0100
PROP-ADDRESS: 2472 SOUTHRIDGE RD
MURPHY PETER C LEGAL:
2472 SOUTHRIDGE RD SOUTHRIDGE
DELRAY BEACH FL LOT 10 BLK 9
33444
SUBDIVISION: 13 ASSESSMENT: $ 932.06
BLOCK: 009 LOT: 0110
PROP-ADDRESS: 2478 SOUTHRIDGE RD
ANISKY DOUGLAS J &ANDREAH/W LEGAL:
2478 S RIDGE RD SOUTHRIDGE
DELRAY BEACH FL LOT 11 BLK 9
33444
(14)