02-04-97 Regular DELrA~ BEACH
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING ~
Ali,America City
COMMISSION CHAMBERS
The City will furnish auxiliary aids and services to afford an individual
with a disability an opportunity to participate in and enjoy the benefits
of a service, program or activity conducted by the City. Contact Doug
Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the
event in order for the City to accommodate your request. Adaptive
listening devices are available for meetings in the Commission Chambers.
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments,
Commission discussion and official action. City Commission meetings are
business meetings and the right to limit discussion rests with the
Commission. Generally, remarks by an individual will be limited to three
minutes or less, (10 minutes for group presentations). The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any
citizen is entitled to be heard concerning any matter within the
scope of jurisdiction of the Commission under this section. The
Commission may withhold comment or direct the City Manager to take
action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item under
these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
individuals wishing to address public hearing or non-agendaed items
should sign in on the sheet located on the right side of the dais. If
you are not able to do so prior to the start of the meeting, you may
still address the Commission on an appropriate item. The primary purpose
of the sign-in sheet is to assist staff with record keeping. Therefore,
when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up
to the podium and state your name and address for the record. All
comments must be addressed to the Commission as a body a~d not to
individuals. Any person making impertinent or slanderous remarks or who
becomes boisterous while addressing the Commission shall be barred by the
presiding officer from speaking further, unless permission to continue or
again address the Commission is granted by a majority vote of the
Commission members present.
Regular Commission Meeting
February 4, 1997
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 does
not provide nor prepare such record.
AGENDA
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda Approval.
Action: Motion to Approve.
5. Approval of Minutes:
Regular Meeting of January 21, 1997
6. Proclamations: None
7. Presentations:
A. RESOLUTION NO. 9-97: A resolution recognizing and commending
Alberto Melis for his dedicated service to the City of Delray
Beach.
B. David Schmidt - 20th Anniversary of Sister City relationship
with Miyazu, Japan.
8. Consent Agenda: City Manager recommends approval.
A. AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO HANDLE MUNICIPAL
ELECTION ITEMS: Authorize the Supervisor of Elections to
handle and canvass absentee ballots for the March 11, 1997,
municipal election, and represent the City at the requisite
logic and accuracy tests.
B. APPROVAL OF POLL WORKERS FOR MUNICIPAL ELECTION: Approve the
list of poll workers secured for the March 11, 1997, municipal
election.
C. WATER SERVICE AGREEMENT IN LIEU OF ANNEXATION: Approve a
request to execute a water service agreement in lieu of
annexation for a proposed planned residential development
(Winterplace) on the Bennett property located at the southeast
corner of Military Trail and the L-30 canal.
D. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND
DISPOSAL BOARD EXPENDITURES: Ratify various expenditures
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Regular Commission Meeting
February 4, 1997
approved by the SCRWTD Board at its meeting of January 15,
1997.
E. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND
DISPOSAL BOARD ACTIONS: Ratify various contracts and
agreements approved by the SCRWTD Board at its meeting of
January 15, 1997.
F. AWARD OF BIDS AND CONTRACTS:
1. Bid award through the Community Development Block Grant
Program to Craftman Plus, Inc. for a housing rehabilita-
tion project at 516 S.W. 6th Avenue, in the amount of
$8,583.75 from 118-1963-554-49.19.
2. Grant award through the SHIP and HOME programs to Craftman
Plus, Inc. for a housing rehabilitation project at 239
N.W. 6th Avenue, in the amount of $14,537.25 from SHIP
Account No. 118-1924-554-49.19 and HOME Account No.
118-1923-554-49.19.
3. Bid award to Contract Connection, Inc. under the Palm
Beach County School Board bid for a 20' x 40' storage
shelter for maintenance equipment at the Municipal Golf
Course, in the amount of $42,289 from 445-4761-572-62.10
through budget transfer from 445-4711-572-99.01.
4. Contract renewal to Vulcan Chemical Technologies, Inc.
(formerly Vulcan Peroxidation, then Rio Linda Chemical
Co.) for Hydrogen Peroxide used in odor control in the
City wastewater system. They are proposing a contract
decrease from $4.00/gal to $3.74/gal, for an estimated
annual amount of $130,986.02 from 441-5144-536-52.21.
5. Bid award to Shannon Chemical Corporation for Poly
Phosphate for the Water Treatment Plant, in the estimated
annual amount of $52,836 from 441-5122-536-52.21.
9. Regular Agenda:
A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Consider
an appeal of the Site Plan Review and Appearance Board's action
to deny a waiver to the perimeter landscape requirement at the
Ingraham Avenue parking lot, and accept the balance of the
actions and decisions made by the Planning and Zoning Board,
Site Plan Review and Appearance Board and the Historic
Preservation Board during the period January 20-31, 1997.
B. CONDITIONAL USE REQUEST/COMMUNICATION TOWER AT BROWNING-FERRIS
INDUSTRIES, INC.: Consider a request for conditional use
approval to allow the installation of a communication tower on
the Browning-Ferris Industries property at 1475 S.W. 4th Avenue
within the I (Industrial) zone district. The proposed location
is on the northeast corner of the site. (CONTIN-dATION OF
QUASI-JUDICIAL PROCEEDING)
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Regular Commission Meeting
February 4, 1997
C. CONDITIONAL USE REQUEST/COMMUNICATION TOWER AT PLLIMOSA
ELEMENTARY SCHOOL: Consider a request for conditional use
approval to allow the installation of a communication tower at
Plumosa Elementary School. The subject property is located at
the southeast corner of N.E. 19th Street and N.E. 2nd Avenue
(Seacrest Boulevard), and is zoned CF (Community Facilities)
District. (CONTINUATION OF QUASI-JUDICIAL PROCEEDING)
D. REQUEST FOR CHANGE OF GARBAGE SERVICE/WOODLAKE: Consider a
request from the Woodlake Homeowner's Association, Inc. for a
change in their garbage and trash service.
E. REQUEST FROM PINEAPPLE GROVE MAIN STREET/CONVERSION OF THE
ONE-WAY PAIR: Consider a request from Pineapple Grove Main
Street, Inc. concerning the conversion of the one-way pair
(N.E. and S.E. 1st Streets, between Swinton Avenue and
northbound Federal Highway) back to two-way streets.
F. BID AWARD/O'CONNOR & TAYLOR, INC.: Consider approval of a bid
award in the amount of $1,923,399.00 and 270 calendar days to
O'Connor & Taylor, Inc. as lowest responsive bidder (second low
bidder) for the City Hall Envelope and Thermal Energy Project,
with funding in the amount of $1,551,996 from 334-3431-519-
62.10 through budget transfer from 31.30, and $371,433 through
line of credit agreement authorized by Resolution on 11-5-96.
G. FEDERAL PARTICIPATION IN BEACH RENOURISHMENT PROGRAMS:
Consider authorizing the sending of letters to Florida's
Congressional delegation in support of U.S. Representative Clay
Shaw's efforts to maintain federal participation in beach
renourishment and shore protection projects in Palm Beach,
Broward and Dade Counties.
CONTRACT AMENDMENTS/AUBURN TRACE: Consider approval of
amendments to the City's agreements under the Urban Development
Assistant Grant (UDAG) with respect to Auburn Trace.
I. PALM BEACH COUNTY HIGH SPEED RAIL RESOLUTION: Consider Palm
Beach County Resolution No. 97-127 objecting to the Florida
Department of Transportation's plans to build a High Speed Rail
(Bullet) Train in South Florida.
J. SETTLEMENT/ANN FINNEY-LUCAS V. CITY OF DELRAY BEACH: Consider
settlement of the referenced matter as recommended by the City
Attorney.
K. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint an
alternate member (real estate position) to the Code Enforcement
Board to fill an unexpired term ending January 14, 1998. The
appointment will be made by Commissioner Ellingsworth (Seat
#3).
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Regular Commission Meeting
February 4, 1997
L. APPOINTMENTS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE
(RESOLUTION NO. 10-97): Appoint two members to the Affordable
Housing Affordable Committee to fill unexpired terms ending
March 31, 1997, and March 31, 1998, respectively, and adopt
Resolution No. 10-97. The appointments will be made by
Commissioner Randolph (Seat #4) and Mayor Alperin (Seat #5).
10. Publlc Hearings:
A. RESOLUTION NO. 11-97: A resolution authorizing the City to
purchase property at 76 S.E. 5th Avenue adjacent to the Chamber
of Commerce and accepting the contract for purchase and sale;
and authorizing the City to lease the property through approval
of an amended and restated lease between the City and the
Chamber.
B. RESOLUTION NO. 6-97: A resolution authorizing the Community
Redevelopment Agency to issue Redevelopment Revenue Refunding
and Improvement Bonds in the principal amount not to exceed
$7,900,000.
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. 6-97: An ordinance establishing the West
Settlers Historic District and designating it to the Local
Register of Historic Places. If passed, public hearing
February 18, 1997.
B. ORDINANCE NO. 5-97: An ordinance amending Chapter 37, "Delray
Beach Code Enforcement", of the Code of Ordinances to allow
code officers to issue Notices to Appear in County Court for
code violations; and authorizing the Code Enforcement Board to
assess enforcement fees upon violators even if the repeat
violation is corrected prior to the scheduled hearing. If
passed, public hearing February 18, 1997.
C. ORDINANCE NO. 7-97: An ordinance amending the LDRs Section
4.6.5 "Walls, Fences and Hedges" relating to screening and
reducing the maximum height of fences in areas which create
sight obstructions. If passed, public hearing February 18,
1997.
D. ORDINANCE NO. 8-97: An ordinance amending the LDRs revising
the procedures for processing abandonments of rights-of-way.
If passed, public hearing February 18, 1997.
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Regular Commission Meeting
February 4, 1997
E. ORDINANCE NO. 9-97: An ordinance amending various sections of
the Land Development Regulations relative to traffic statements
and studies to conform with the requirements of the adopted
Palm Beach County Traffic Performance Standards Ordinance. If
passed, public hearing February 18, 1997.
F. ORDINANCE NO. 10-97: An ordinance amending Section 52.39 of
the City Code by decreasing the project inspection fee for
water and sewer improvements, and amending Sections 2.4.3(K) (4)
(d), (e) & (f), 2.4.3(K) (5) (c) and 5.3.3(G) of the Land
Development Regulations to correct inconsistencies between the
LDRS and Chapter 52 of the Code of Ordinances relating to water
and sewer impact, connection and user fees. If passed, public
hearing February 18, 1997.
13. Conunents and Inquiries on Non-Agenda Items.
A. City Manager
B. City Attorney
C. City Commission
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RESOLUTION NO. 9-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING
ALBERTO (AL) M. MELIS FOR HAVING SERVED WITH
DISTINCTION AND DEDICATION TO THE CITIZENS OF
DELRAY BEACH, FLORIDA, SINCE 1973.
WHEREAS, Alberto (Al) M. Melis has served the City of
Delray Beach well and faithfully for over 23 years as a member
and leader in the Delray Beach Police Department; and
WHEREAS, Alberto has retired with the rank of Captain
and he is leaving to serve the City of Lauderhill as its Police
Chief; and
WHEREAS, during his tenure as a captain Alberto helped
lead the Delray Beach Police Department on the path toward
Community Policing and professionalization bringing the Police
Department closer to the citizens that we serve; and
WHEREAS, Alberto has received countless commendations
and letters of appreciation from the law enforcement and business
communities as well as residents and visitors alike; and
WHEREAS, Alberto's police career has been characterized
by devotion to duty, unimpeachable integrity, and the
personification of excellence.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1: The City Commission and the Citizens of
Delray Beach hereby gratefully thank Alberto M. Melis for his
devoted service and wish him the very best in his future.
PASSED AND ADOPTED in regular session on this 4th day
of February, 1997.
MAYOR
ATTEST:
City Clerk
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~i~'1
SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF FEBRUARY 4, 1997
AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO
HANDLE/CANVASS ABSENTEE BALLOTS AND REPRESENT THE CITY
AT LOGIC & ACCURACY TESTS FOR THE MUNICIPAL ELECTION
DATE: JANUARY 30, 1997
This is before the Commission to authorize Theresa LePore,
Supervisor of Elections for Palm Beach County, to handle the
City's absentee ballots for the March llth municipal election.
Ms. LePore's office is equipped with a computerized system for
monitoring ballot requests, distribution, accounting for
unreturned ballots, as well as electronic signature verification.
She will also insure that the absentee ballots are held in
safekeeping prior to canvassing. The Supervisor of Elections
should also be authorized to represent the City at the canvassing
of the absentee ballots.
It is further recommended that Ms. LePore be designated to
represent the City's canvassing board at the logic and accuracy
(L&A) testing of the electronic tabulating equipment. The L&A
tests will be conducted on Friday, March 7, 1997, at 10:30 a.m. as
well as on election day, both before and after counting of the
ballots, at both the South County and West Palm Beach election
office sites.
Recommend authorizing the Supervisor of Elections for Palm Beach
County to handle/canvass the City's absentee ballots for the March
11, 1997, municipal election, and designating her as the City's
representative at the requisite logic and accuracy tests.
ref:agmemo4
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~t
SUBJECT: AGENDA ITEM ~ ~- REGULAR MEETING OF FEBRUARY 4, 1997
APPROVAL OF POLL WORKERS FOR MUNICIPAL ELECTION
DATE: JANUARY 31, 1997
This is before the Commission to approve the list of poll workers
for the municipal election to be held on March 11, 1997, and to
direct the City Clerk to select a sufficient number of clerks and
inspectors from the list to work during the election, pursuant to
Section 34.02 of the City Code.
The list is attached for your review.
Recommend approval of the poll workers with direction to the City
Clerk to select a sufficient number of workers for the municipal
election on March 11, 1997.
ref:agmemo5
Roselyn Waldman
2800 Fiore Way #102
Delray Beach, Florida 33445
Connie Brady
4163 Brandon Drive
Francis A. Meyers Delray Beach, Florida 33445
921 Gardenia Drive Apt 471
Delray Be~ch, Florida 33483
Jay Pulvino
1520 N-W 19th Terrace Apt 203
Shirley Edelson Delray Beach, Florida 33445
13099 Via Vesta
Delray Beach, Florida 33484
Pasquale Pulvino
1520 N-W 19th Terrace Apt 203
Edith Forest Delray Beach, Florida 33445
13581 Whippet Way East
Delray Beach, Florida 33484
Sylvia Cassillo
1421 N-W 20th Avenue Apt 201
Irving Jacobson Delray Beach, Florida 33445
13479 A Via Vesta
Delray Beach, Florida 33484
Leonora Joseph
6030 Stanley Lane
Alice Schultz Delray Beach, Florida 33484
1080 N-W 19th Terrace
Delray Beach, Florida 33445
Rheta Shaul
15217 Lakes of Delray Blvd.
Richard Roane Apartment 82 Pembridge C
1110 Mahogany Way Apt 203 Delray Beach, Florida 33484
Delray Beach, Florida 33445
Elvera Beffa
Martin Simon 27 Abbey Lane Apt 407
6169 Dusenburg Road Delray Beach, Florida 33446
Delray Beach, Florida 33484
Eva Kamen
Sam Friedman 13413 B Via Vesta
6217 Overland Place Delray Beach, Florida 33484
Delray Beach, Florida 33484
Selma Hoffman
707 Flanders O
Bernice Bilow Delray Beach, Florida 33484
1141 Boxwood Drive Apt C
Delray Beach, Florida 33445
Burton Wachtel
14535 Candy Way
Shirley Zipkin Delray Beach, Florida 33484
1151 Calamondin Terrace Apt 201 CB 24
Delray Beach, Florida 33445
Rosalyn Kalish
6021 Stanley Lane
Helen Carannante Delray Beach, Florida 33484
2460 Juniper Drive Apt 102
Delray Beach, Florida 33445
Irene Frackiewicz Rose Barletta
14452 Campanelli Drive 852 A High Point Blvd. North
Delray Beach, Florida 33484 Delray Beach, Florida 33445
Bernard Rogoff Marilyn A. Coughlin
13335 Via Vesta 2786 Carnation Court
Delray Beach, Florida 33484 Delray Beach, Florida 33445
Gwendolyn Green
Harold Cantor 342 NW 3rd Avenue
Piedmont Al7 Kings Point Delray Beach, Florida 33444
Delray Beach, Florida 33484
Fred Ash
Barbara Schindler P.O. Box 28
16 Piedmont A Delray Beach, Florida 33447
Delray Beach, Florida 33484
Vera Farrington
Albert Berman 310 NW 2nd Avenue
14386 Campanelli Drive Delray Beach, Florida 33444
Delray Beach, Florida 33484
Helen Marie Yorkilous
Sol Morse 1340 A High Point Way
20935 Covington Drive Apt 167 Delray Beach, Florida 33445
Boca Raton, Florida 33433
Rita Epstein
Minnie To Morse 919 N-W 23rd Lane
20935 Covington Drive Delray Beach, Florida 33445
Boca Raton, Florida 33433
Carl Rayman
Ernest L. Kaiser 8055 Summer Shores Drive
1030 Citrus Way Apt 201 Delray Beach, Florida 33446
Delray Beach, Florida 33445
Patricia Ann Wa~ner
Madelyn Rakov 1050 Dotterel Road Apt 111 - 3
2800 Fiore Way, #101 Delray Beach, Florida 33444
Delray Beach, Florida 33445
Robert Berman Rose Port
6096 Huntwick Terrace Apt 103 2146 NW 10th Street
Delray Beach, Florida 33484 Delray Beach, Florida 33445
Beverly Berman Minnie Stokes
6096 Huntwick Terrace Apt 103 1301 SW 10th Avenue Apt C 107
Delray Beach, Florida 33484 Delray Beach, Florida 33444
Yvonne Baine
P.O. Box 1565
Delray Beach, Florida 33444
Arnold Waldman
2800 Fiore Way Apt 5-102
Delray Beach, Florida 33445 Frances Colla
835 A North Drive
Delray Beach, Florida 33445
George Spitzer Gloria Simon
6028 Dusenburg Road 6169 Dusenburg Road
Delray Beach, Florida 33484 Delray Beach, Florida 33484
Muriel Becker
952 NW 29th Avenue Mary Ann Wynne
Delray Beach, Florida 33445 1910 So Ocean Blvd Apt 214
Delray Beach, Florida 33483
Rose Wolf Ida Bemben
13312 Via Vesta
5813 Northpointe Lane
Delray Beach, Florida 33484 Boynton Beach, Florida 33437
Rita Shupler
7495 Stirling Bridge Blvd. North Louis Apter
Delray Beach, Florida 33446 14586 Candy Way
Delray Beach, Florida 33484
Norma Platzner Catherine Matthews
15342 Lakes of Delray Blvd 5751 Doris Court
Delray Beach, Florida 33484 Delray Beach, Florida 33484
Florence Stelma George Moran
2721 SW 13th Street 114 NW 16th Street
Bldg 38 Apt 104 Delray Beach, Florida 33444
Delray Beach, Florida 33445
Alfred Pilson Beatrice West
814 NW 4th Avenue
6129 Dusenburg Road Delray Beach, Florida 33444
Delray Beach, Florida 33484
Deborah Bostwick
705 SW 2nd Street
Delray Beach, Florida 33444 Selma Durschlag
15461 Pembridge Drive
Helen Monroe Delray Beach, Florida 33484
5743 Doris Court
Delray Beach, Florida 33484
Alexander Durschlag
15461 Pembridge Drive
Delray Beach, Florida 33484
Marie Bozzelli
243 Cardinal Lane
Delray Beach, Florida 33445
Patrica Kelly
834 Meadowlark Lane
Delray Beach, Florida 33445
Joel Port Florence Starr
2146 NW 10 Street 1130 Violet Terrace CB 30
Delray'Beach, Florida 33445 Delray Beach, Florida 33445
Emily Burgess Taylor Lenore Eisenberg
123 NW 3rd Avenue 13618 W Whippet Way
Boynton Beach, Florida 33435 Delray Beach, Florida 33484
Ricky Spitzer Irene Cantor
6028 Dusenburg Road Piedmont A17 Kings Point
Delray Beach, Florida 33484 Delray Beach, Florida 33484
Kay Finch Murray Kalish
14838 Whatley Road 6021 Stanley Lane
Delray Beach, Florida 33445 Delray Beach, Florida 33484
Sylvie Turner Katherine Fico
1345 B High Point Way 331 SE 4th Avenue
Delray Beach, Florida 33445 Delray Beach, Florida 33483
Harry Weger Leon Teger
14163 D Nesting Way 15036 Ashland Apt B 69
Delray Beach, Florida 33484 Delray Beach, Florida 33484
Claire Narod Charles Russell
13357 A Via Vesta 1705 Satin Leaf Court
Delray Beach, Florida 33484 Delray Beach, Florida 33445
Martin Himmelfarb Jerry Monroe
14773 Cumberland Drive Apt D 206 5743 Doris Court
Delray Beach, Florida 33446 Delray Beach, Florida 33484
Charles Broadnax
712 Golf Court
Delray Beach, Florida 33445
Roy Mahoney
15193 East Tranquility Lake Dr~
Delray Beach, Florida 33446-34{
Elaine Joy Knott Moran
114 NW 16th Street
Delray Beach, Florida 33444
Rose Calvi
1521 NW 18th Avenue Apt 201
Delray Beach, Florida 33445
Nancy R. Petrovsky
1604 NW 23rd Street
Boynton Beach, Florida 33436
Shirley Brody
13343 B Via Vulcanus
Delray Beach, Florida 33484
Bella Himmelfarb
14773 Cumberland Drive Apt D 206
Delray Beach, Florida 33446
David Forest
13581 Whippet Way East
Delray Beach, Florida 33484
Milton Schwartz
6283 Dusenburg Drive
Delray Beach, Florida 33484
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~/1
SUBJECT: AGENDA ITEM # ~ - MEETING OF FEBRUARY 4, 1997
WATER SERVICE AGREEMENT IN LIEU OF ANNEXATION
DATE: JANUARY 31, 1997
This is before the Commission to consider a request to execute a
Water Service Agreement in lieu of annexation for the proposed
planned residential development on the Ruby Bennett property
located at 13076 Military Trail, south of the L-30 L.W.D.D.
canal.
The property is an unincorporated 34.62 acre parcel containing an
existing agricultural operation known as Southern Ornamental
Plants. On February 8, 1994 the City Commission approved a water
service agreement for the subject property to allow establishment
of the nursery.
This request is for the execution of a new water service agree-
ment in conjunction with a master/concept plan for a single
family, zero lot line development to be known as Winterplace.
The agreement has been reviewed and approved by Environmental
Services, the Planning and Zoning Department and the City
Attorney's Office. At its meeting of January 27, 1997 the
Planning and Zoning Board voted 7-0 to approve the master plan
with modifications, and specified that a more detailed site plan
be returned to the City for additional review. The Board
recommended the Commission approve the request for the agreement.
Recommend approval of the standard water service agreement
subject to the modifications to the master/concept plan as recom-
mended by the Planning and Zoning Board, and with the under-
standing that additional review is required of the more detailed
site plan.
TO: DAVID T. HARDEN
CITY MANAGER
DEPARTMENT OF PLANNING4~ND ZONING
FROM: /'JASMIN ALLEN, PLANNER
SUBJECT: MEETING OF FEBRUARY 4, 1997 ** CONSENT AGENDA**
WATER SERVICE AGREEMENT FOR THE RUBY BENNETT
PROPERTY LOCATED AT THE SOUTHEAST CORNER OF
MILITARY TRAIL AND THE L-30 CANAL
The action requested of the City Commission is that of approval of a water
service agreement for a proposed planned residential development on the
Bennett Property ( Winterplace PUD).
The property involves an unincorporated parcel located at 13076 Military Trail
just south of the L-30 L.W.D.D. Canal (northwest corner of the City's Planning
area). The parcel consists of 34.62 acres and contains an existing nursery
(agricultural) operation known as Southern Ornamental Plants.
On February 8, 1994, the City Commission approved a water service agreement
for the subject property. The agreement was to allow the establishment of a
wholesale nursery operation (Southern Ornamental Plants) along with the
construction of a proposed 2,000 sq. ft. building to house the office function of
the business. A water service agreement was executed in lieu of annexation as
the property was not contiguous to the City.
A request has been received for the execution of a new water service agreement
in conjunction with a master/concept plan for a proposed single family zero lot
line development.
City Commission Documentation
Water Service Agreement for the Ruby Bennett Property
Page 2
The applicant has requested municipal water for a future planned residential
development. The master/concept plan which is accompanying the request
consists of 173 single family homes in two single family pods of 83 and 90
units; a 1.04 acre recreation tract; a 0.56 acre civic tract; two drainage
retention lakes totaling 3.79 acres and perimeter landscape buffers. The property
is not slated for immediate development, however the property owner is taking
appropriate steps to increase the marketability of the property.
The City's standard water service agreement contains a voluntary annexation
clause, which runs with the land. This clause authorizes the City to annex the
property subject to the agreement, when the property becomes contiguous to
municipal boundaries. The standard agreement includes conditions requiring all
development to comply with the City's development regulations and enables the
City to review and approve the site plan associated with the water service
agreement.
The agreement has been reviewed and approved by Environmental Services
(for availability of water), the Planning and Zoning Department (for legal
description) and the City Attorney's Office (for form).
At its meeting of January 27, 1997, on a 7 to 0 vote, the Planning and Zoning
Board approved the master/concept plan and recommended that the City
Commission approve the request for water service agreement subject to the
master plan being modified to include sidewalks on both sides of the proposed
street system, and subject to 60' minimum street rights-of-way widths. Further,
as the master plan is very conceptual, compliance with the LDR's clause in the
agreement will require that a more detailed site plan be returned to the City for
additional review.
By motion, approve the standard water service agreement for the Ruby Bennett
Property (planned residential development) subject to the modifications to the
master/concept plan as recommended by the Planning and Zoning Board and
with the understanding that additional review is required of the more detailed site
plan.
Attachments: Water Service Agreement
Reduced Master/Concept Plan
Location Map
AGREEMENT FOR WATER SERVICE
This agreement, made on this day of ,19 , by and
between Ru,by R.Bennett , , ,
hereinafter called the CUSTOMER, and the CITY OF DELRAY BEACH, a municipal
corporation of the State of Florida, hereinafter called the CITY.
WITNESSETH, that the. CUSTOMER, his heirs and assigns, for and in consideration of
the privilege of receiving water service from the Municipal Water System, agrees to the
following:
1. The CUSTOMER agrees to pay all costs of engineering, materials, labor,
supervision, inspection, and testing in order to install the total length of extension
necessary, in the professional opinion of the Director of Environmental Services, to
provide service to the CUSTOMER'S premises. The CUSTOMER. shall be
responsible for the installation and conformance with all applicable codes, rules,
standards and regulations of all service lines, and connections on the
CUSTOMER'S premises. The CITY shall have the option to perform the necessary
work or the CITY'may have such work'performed by outside forces in which case
the CUSTOMER shall pay in advance all estimated costs thereof. In the event the
CITY has such work performed, the CUSTOMER shall remit such advance funds
and any additional funds as may be necessary to pay for the actual completed
project for the extension of services.
2. Any main extension made under this agreement shall be used only by the
CUSTOMER, unless permission is granted by the CITY for other party or parties to
so connect. If the CITY requires upsizing or increased capacity beyond what is
determined to be adequate by the Director of Environmental Services in size and/or
capacity, a pro-rata refund will be made directly to the CUSTOMER by the CITY to
compensate these additional costs. The CITY may also require alternative bids to
document the increased sizes or capacity to establish these cost differences. The
CUSTOMER acknowledges that its right to receive any refund pursuant to .this
paragraph is subordinate to any and all requirements concerning the City's
outstanding water and sewer revenue bonds.
3. Title to all mains, extensions and other facilities extending from the CITY water
distribution system to and including the meter to service the CUSTOMER shall be
vested to the CITY exclusively.
4. The CUSTOMER agrees to pay all charges, deposits, and rates for service and
equipment in connection with water service outside the CITY limits applicable under
the CITY'S ordinances and rate schedules which are now. applicable or as may be
changed from time to time.
5. Any rights:of-way or easements necessary shall be provided by the CUSTOMER.
-1-
6. It is understood by the CUSTOMER, and shall be binding upon the CUSTOMER,
his transferees, grantees, heirs, successors, and assigns, that all water to be
· furnished, supplied, and sold under this agreement is made available from a
surplus. If a surplus does not exist at the time of the CUSTOMER'S actual request
for commencement of service, as determined by the CITY'S Environmental Services
Director, then the CITY without liability may refuse to initiate service to the subject
premises.
7. The CUSTOMER fuCther agrees in consideration-of the privilege of receiving water
service from said CITY, that the execution of this agreement is considered a
voluntary petition for annexation pursuant to Section 171.044 of the Florida Statutes
or any successor or amendment thereto.
Furthermore, should any other general law, special act, or local law be enacted
which provides for voluntary or consensual annexation, this agreement shall also
be considered a petition and request for annexation under such other laws. The
premises shall be subject to annexation at the option of the CITY at any time
they are eligible under any one or more of the above-referenced laws
concerning annexation. The legal~description of the subject premises is as
follows:
See attached Exhibit "A"
The CUSTOMER acknowledges that this covenant for annexation is intended to
be and is hereby made covenant running with the land hereinabove described.
That this agreement is to be recorded in the public records of Palm Beach
County, Florida, and that the CUSTOMER and all subsequent transferees,
grantees, heirs, successors, and assigns of the CUSTOMER shall be bound by
this annexation agreement.
7a. It is understodd by the CUSTOMER that the CUSTOMER by signing this agreement
is hereby providing written consent to the Stormwater Management Assessment
levied by the City.pursuant to its ordinance and Florida Statutes, Chapter 197. This
consent is a written covenant running with the land. This agreement shall be
recorded in the Public Records of Palm Beach County, Florida. The CUSTOMER
and all subsequent transferees, grantees, heirs, suc.cessors, and assigns of the
CUSTOMER shall be bound by this written consent to the Stormwater Management
Assessment.
8. It is hereby agreed that the CITY shall have no liability for the termination of water
service to the premises, if the City Commission shall determine that it is appropriate
to protect the public health, safety and welfare of the property or inhabitants in the
City of Delray Beach, so long as the premises remain outside of the CITY limits. In
the event the City Commission makes such a determination, the CITY shall be and
is hereby authorized to discontinue water service to the premises upon ninety (90)
days notice given by the CITY.
In the event that the City Commission of the CITY determines that it is
necessary to permanently discontinue water service to the above property,
then the CITY shall execute a recordable release of this water service
agreement which shall be recorded at the expense of the CUSTOMER.
9. In addition to the limitation of the CITY'S liability under Paragraph 9 above, it is
agreed the CITY shall have no liability in the event there is a reduction, impairment
or termination in water service to be provided under this agreement due to any
prohibitions, restrictions, limitations, or requirements of local, regional, state, or
federal agencies or other agencies having jurisdiction over such matters. Also, the
CITY shall have no liability in the event there is a reduction, impairment or
termination of water service due to acts of God, accidents, strikes, boycotts,
blackouts, fire, earthquakes, other causalities, or other circumstances beyond the
CITY'S reasonable control.
10.The CUSTOMER hereby agrees to indemnify, defend and hold harmless the City of
Delray Beach, Florida, its Mayor, members of the City Commission, officers,
employees, and agents (both in their individual and official capacities) from and
against all claims, damages, lawsuits, and expenses, including reasonable
attorneys' fees (whether or not incurred on appeal or in connection with post-
judgment collection) and costs arising out of or resulting from the CUSTOMER'S
obligations under or performance pursuant to this agreement.
11. No prior or present agreements or representations shall be binding upon any of the
parties hereto unless incorporated in this agreement. No modification or change in
this agreement shall be valid or binding upon the parties unless in writing executed
by the parities to be bound thereby.
12.The water use granted by this agreement is for the quantity of ~ 73 tap(s) located
on the property described in Paragraph 7, above. The water shall be in conjunction
with residential use as depicted upon the master/concept
plan known as Winterplace POI) , approved by the Planning and
Zoning Board on January 27, 1997, with the condition that the site and
development plan be approved by the Site Plan Review and Appearance Board.
Any water furnished under this agreement shall not be used for irrigation purposes
unless such use is specifically and separately approved by the Director of
Environmental Services.
-3-
13. As 'an expressed condition of this agreement, the CUSTOMER further agrees to
.... abide by all ordinances of the CITY which are in effect at the time of development,
redevelopment, or renovation on the site and which pertain to land use and
development matters. Such matters include, but are not limited to signage,
landscaping, architectural review and approval, and the CITY'S formal site plan
review and approval processes. However, no development requirements of the
CITY shall be imposed which shall have the effect of diminishing a County
development standard or requirement. In such ~ases, the CITY requirement shall
be subservient and no further action of waiver or variance shall be required.
14. Water service, pursuant to this agreement, must be activated within two years of the
date of this agreement or said agreement shall be void. This agreement shall also
become void upon annexation to the City of Delray Beach.
IN WITNESS WHEREOF the parties hereto have this agreement the day and year first
written.
W~NESS: (as ~,o customeO CU T~IE,R:
Collene Walter Ruby R. Bennett
¢'rmt) _ (s~gn)
(Sign)(
Marc-i e T'[nsley
(Print)
STATE OF ,,,~'-/'~'
COUNTY OF ',"'~/¢/'/¢'/
The_foregoing instrument was acknowledged before me this c:~¢ ~ , day of
~.,/;/¢/¢~/..¢c¢,:/' ,19 ,2'2' by . ,,"%~"~"~¢' .,,~.._._ .'"'~'4-¢'t¢'~/¢/-- who is
personally kr~wn to me ~/ ' ----- '
~n) a~n and who did. (did not) take an oath. ..
(Printed Name of Notary Public) (,Signature of, N~t~y Public)
Commission # cc 53817]_ My Commission Expires March 7, 2000
(NOTARY'S SEAL) !i -
i1~ EX, RES: t4an~ 7, 2000 I[
STATE OF It
COUNTY OF
The foregoing instrument was acknowledged before me this , of
19. , by ........ (name & title of officer or agent),
of (name of corporation
acknowledging), ~ (state or place of incorporation)
corporation, on behalf of the
corporation. He/She is personally known to r~e'-or ha-s produced
ftype of Identification) as identification and who did (did not) take an oath.
(Printed Name of Notary Public) (Signature of Notary Public)
Commission # . , My Commission Expires
(NOTARY'S SEAL)
kegal Description Approved by the Planning & Zoning Department:
(Sign) ~,
Form Approved by the City Attorney's Office:
(sign)
ATTEST: CITY OF DELRAY BEACH
(City Clerk) (Mayor)
-6-
EXHIBIT "A"
LEGAL DESCRIPTION
THE NORTHWEST QUARTER (N.W. 1/4) OF THE NORTHWEST QUARTER (N.W. 1/4)
OF SECTION 12, TO~:.N. SHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY,
FLORIDA, LESS THE NORTH 140.25 FEET THEREOF, LESS THAT PART LYING IN
MILITARY TRAIL (STATE ROAD 809) AND LESS THAT PART DESCRIBED IN ORDER OF
TAKING RECORDED IN OFFICIAL RECORD BOOK 5816, PAGE 259 OF THE PUBLIC
RECORD OF PALM BEACH COUNTY, FLORIDA.
BEING 34.62 ACRES MORE OR LESS.
CANAL L-50 CANAL L-30
D E L R A Y
CANAL L-51 ~, ~. ~ ~ ~ ~ ~ m '~CITY LIMITS~ .... ~ ....~"~ .... ~ ......
~llllllllllll J~[llll I],~/-.~~
CANAL L-32 CANAL -
N
~ BENNETT PROPERTY
PLANNING DEPARTMENT
Cll~' OF DELRAY BEACH, FL
D/Gl?AL BASE MAP SYS?EM -- MAP REF: LM129
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~'~
SUBJECT: AGENDA ITEM # - MEETING OF FEBRUARY 4, 1997
RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD EXPENDITURES
DATE: JANUARY 31, 1997
This is before the Commission to ratify various expenditures
approved by the South Central Regional Wastewater Treatment and
Disposal Board at its meeting of January 15, 1997. By a vote of
8-0, the SCRWTD Board approved the following:
· Expend on an emergency basis $2,000 from sinking fund to
repair effluent force main leak by the Effluent Pump
building.
· Expend on an emergency basis $1,250 from sinking fund to
replace coil on the #6 effluent pump.
· Expend on an emergency basis an additional $10,000 from
board surplus fund to install two air-release valves on N.E.
7th Avenue and one air-release valve on Atlantic Avenue for
the ocean outfall. (Work performed by contractors working
for the City during street improvements - continuation of
ocean outfall repairs.)
· Expend an additional $15,000 from sinking fund to replace
deteriorated doors throughout the plant ($60,000 budgeted -
original estimate in budget was too low for the number of
doors needing replacement).
· Expend $350,000 from the sinking fund for design and con-
struction of grit discharge system. Replacement of existing
grit receiving pit and transfer system to receive street
sweepings and lift station grit from Cities Utilities
Departments.
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
1801 North Congress Avenue · Delray Beach, Florida 33445
ROBERT J. HAGEL ~~_ Telephone
Executive Director ~ (407) 272-7061 (407) 734-2577
Fax: (407) 265-2357
RAN D U
CITF, ~t,~, .....
TO: City Clerk, Delray Beach
FROM: Mary Ann Shumilla '~\~~'
DATE: January 15, 1997
RE: RATIFICATIONS FOR SIGNATURE
Attached are Ratifications from the Quarterly Annual Meeting of January 15, 1997
which require signatures. Would you please place these on the Agenda for your next
Commission meeting.
Would you please contact me at 272-7061 when the Ratifications are executed.
Thank you.
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 15, 1997
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on January 15, 1997, by a vote of 8-0, approve Authorization to Expend on an
Emergency Basis $2,000. from Sinking Fund to Repair Effluent Force Main Leak Repair
by the Effluent Pump Building.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this ~ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 15, 1997
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on January 15, 1997, by a vote of 8-0, approve Authorization to Expend on an
Emergency Basis ~ 1,250. from Sinking Fund to Replace Coil on #6 Effluent Pump.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
~ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 15, 1997
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on January 15, 1997, by a vote of 8-0, approve Authorization to Expend on an
Emergency Basis an Additional $10,000. from Board Surplus Fund to Install (2) Two
Air Release Valves on N.E. 7th Ave. and (1) One Air Release Valve on Atlantic Ave.
for the Ocean Outfall. (Work performed by contractors working for the City of Delray
during street improvements - Continuation of Ocean Outfall Repairs.)
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Att est:
City Clerk
Approve as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 15, 1997
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on January 15, 1997, by a vote of 8-0, approve ~4uthorization to Expend an Additional
$15,000. from Sinking Fund to Replace Deteriorated Doors Throughout the Plant
($60,000 Budgeted).
(Original Estimate in Budget too Low for Number of Doors Needing Replacement).
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently. '
The above action is hereby ratified in open session by the City of Delray
Beach this ~ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 15, 1997
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on January 15, 1997, by a vote of 8-0, approve Authorization to Expend
$350,000.00 from the Sinking Fund for Design and Construction of Grit Discharge
System.
Replacement of Existing Grit Receiving Pit & Transfer System to Receive
Street Sweepings and Lift Station Grit from Cities Utilities Department
(Bid Summary (Bid Summary Sheet Enclosed)
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this ~ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~ ~
SUBJECT: AGENDA ITEM # ~ - MEETING OF FEBRUARY 4, 1997
RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS
DATE: JANUARY 31, 1997
This is before the Commission to ratify various contracts and
agreements approved by the South Central Regional Wastewater
Treatment and Disposal Board at its meeting of January 15, 1997.
By a vote of 8-0, the SCRWTD Board approved the following:
· Enter into contract with Arrow Building & Maintenance for
the sum of $295.00 per month for janitorial services.
Contract will be in effect for one year but may be extended
for two additional one-year terms.
· Enter into contract with Land Design Systems for lawn
service in the amount of $1,738 per month for the length of
contract in the north area, and an additional sum of $417
per month for the length of the contract in the south area.
Contract will be in effect for one year but may be extended
for two additional one-year terms.
· Extend J & J Baker's contract for an additional two years at
a rate of $24.06 per 1000 gallon liquid sludge, and $8.01
per cubic yard cake sludge.
· Enter into an agreement with Pine Tree Golf Club concerning
the delivery and acceptance of reuse water.
· Enter into an agreement with Hunters Run Golf & Racquet Club
concerning the delivery and acceptance of reuse water.
· Enter into a contract with R.C. Sullivan Corp. for the sum
of $289,010 for the construction of grit discharge system in
the screening building.
Recommend ratification of the actions taken by the South Central
Regional Wastewater Treatment and Disposal Board on January 15,
1997.
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 15, 1997
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on January 15, 1997, by a vote of 8-0, approve Authorization to Enter into Contract
with Arrow Building & Maintenance for the Sum of $295.00 Dollars per Month for
Janitorial Services. Contract Will be in Effect for One Year But May Be Extended For
Two Additional (1) One Year Terms.
(Summary Janitorial Service Bids Enclosed).
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this ~ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 15, 1997
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on January 15, 1997, by a vote of 8-0, approve Authorization to Enter into Contract
with Land Design Systems for the Sum of $1, 738.00 Dollars per Month for the Length
of Contract in the North Area and an Additional Sum of $417.00 Dollars per Month
for the Length of the Contract in the South Area. Contract will be in Effect for (1)
One Year but May Be Extended for Two Additional (1) One Year Yerms.
(Summary Lawn Service Bids Enclosed).
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this ~ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 15, 1997
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on January 15, 1997, by a vote of 8-0, approve Authorization to Extend J & J Baker's
Contract for an Additional (2) two Years at a Rate of ~24.06/1,000 Gal. Liquid
Sludge, and $8.01/Cubic Yard- Cake Sludge.
(Rate Adjustment Based on (3) Three Year Consumer Price Index of 9%).
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this ~ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Att est:
City Clerk
Approve as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 15, 1997
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on January 15, 1997, by a vote of 8-0, approve Authorization to Enter Into an
Agreement with Pine Tree Golf Club Concerning the Delivery and Acceptance of Reuse
Water.
(See Enclosure)
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this ~ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 15, 1997
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on January 15, 1997, by a vote of 8-0, approve Authorization to Enter Into an
Agreement with Hunters Run Golf & Racquet Club Concerning the Delivery and
Acceptance of Reuse Water.
[See Enclosure)
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this ~ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Att est:
City Clerk
Approve as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 15, 1997
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on January 1§, 1997, by a vote of 8-0, approve Authorization to Enter Into a Contract
With R. C. Sullivan Corp. for the Sum of ~289,010.00 for the Construction of Grit
Discharge System in the Screening Building.
(Bid Summary Sheet Enclosed)
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this ~ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: AGENDA ITEM # ~. ~-° - MEETING OF FEBRUARY 4, 1997
AWARD OF BIDS AND CONTRACTS
DATE: JANUARY 31, 1997
This is before the Commission to approve the award of the follow-
ing bids and contracts:
1. Bid award through the Community Development Block Grant
Program to Craftman Plus, Inc. for a housing rehabilitation
project at 516 S.W. 6th Avenue, in the amount of $8,583.75
from 118-1963-554-49.19.
2. Grant award through the SHIP and HOME programs to Craftman
Plus, Inc. for a housing rehabilitation project at 239 N.W.
6th Avenue, in the amount of $14,537.25 from SHIP Account
No. 118-1924-554-49.19 and HOME Account No. 118-1923-554-
49.19.
3. Bid award to Contract Connection, Inc. under the Palm Beach
County School Board bid for a 20' x 40' storage shelter for
maintenance equipment at the Municipal Golf Course, in the
amount of $42,289 from 445-4761-572-62.10 through budget
transfer from 445-4711-572-99.01.
4. Contract renewal to Vulcan Chemical Technologies, Inc.
(formerly Vulcan Peroxidation, then Rio Linda Chemical Co.)
for Hydrogen Peroxide used in odor control in the City
wastewater system. They are proposing a contract decrease
from $4.00/gal to $3.74/gal, for an estimated annual amount
of $130,986.02 from 441-5144-536-52.21.
5. Bid award to Shannon Chemical Corporation for Poly Phosphate
for the Water Treatment Plant, in the estimated annual
amount of $52,836 from 441-5122-536-52.21.
AGENDA REQUEST
Request to be placed on: Date: January 28, 1997
~ Regular Agenda
Special Agenda
~ Workshop Agenda
xxxx Consent Agenda When: February 4, 1997
Description of item (who, what, where, how much):
CASE# ADDRESS GRANT AMOUNT
96-018HR 516 S.W. 6th Avenue $8,583.75
(Example: Request from Atlantic High School for $2,000 to funds project graduation).
ORDINANCE / RESOLUTION REQUIED: YES/NO Dratt Attached: YES/NO
Recommendation: Recommend approval of Community Development Block Grant
Program Housing Rehabilitation Grant Awards and Contract Award(s) from Account
# 118-1963-554-49.19 grant amount includes contingency.
(Example: Recommend approval with funding from Special Events Account No. 001-
3333-555-44.55)
A R
City ttorney eview/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding
available:
Funding Alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
MEMORANDUM
TO: David T. Marden, City Manager
THROUGM: Joseph Safford, Finance Director
FROM: Jacklyn Rooney, Purchasing Supervisor /~
DATE: January 29, 1997
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
FEBRUARY 04, 1997 - BID AWARD - BID #97-10
MOUSING REHABILITATION PROGRAM
Item Before Commission:
The City Commission is requested to make award to low bidder, as listed
below, at a cost of $8,583.75, which includes contingency.
Background:
The Community Development Division handles and processes their formal bids
on housing rehabilitation projects, with funding from their housing
rehabilitation budget.
Property: Contractor: Amount:
516 Southwest 6th Ave. Craftman Plus Inc. $8,583.75
Recommendation:
The Purchasing Office concurs with the recommendation to award to the low
bidder(s) as outlined above from account 118-1963-554.49.19.
Attachments:
Memorandum from Community Development
Bid Information Sheets
cc: Lula Butler
MEMORANDUM
TO: David Harden, City Manager
FROM: Michael Simon, Acting Community Development Coordinator )~c/
THRU: Lula Butler, Community Improvement Director~
DATE: January 28, 1997
SUBJECT: Community Development Block Grant Program Activities Housing
Rehabilitation Grant Awards
ITEM BEFORE THE COMMISSION
This is to request approval for one Housing Rehabilitation Grant Awards. This request is
in accordance with the City's Community Development Division's approved Policies and
Procedures.
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 all
unused funds remain with the Housing Rehabilitation grant program.
Inspection of work is done by the Department of Community Improvement's Building
Inspection and Community Development Division. Contracts are executed between the
building contractor and the property owner. The City remains the agent and this office
monitors all work performed by the contractor ensuring compliance according to
specifications and program guidelines. Pay request forms require both contractor and
homeowner's signatures. Grant recipients have met all eligibility requirements as specified
in the approved Policies and Procedures.
The rehabilitation activity will bring the homes to minimum code requirements by repairing
roofs, electric and plumbing systems and correcting other incipient code violations.
Detailed work write-ups and individual case files are available for review at the
Community Development Division Office.
The Contract Award and Bid Summary sheets are attached for your reference.
RECOMMENDATION
Staff recommends Housing Rehab. Grants be awarded for the following:
CASE# ADDRESS GRANT AMOUNT
96-018HR 516 S.W. 6th Avenue $8,583.75
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DMSION
BID INFORMATION SHEET
BID #: 97-10HS
APPLICANT: Lula & Ralph Ammons
APPLICATION #: 96-018HR
PROJECT ADDRESS: 516 S.W. 6th Avenue
DATE OF BID LETTERS: January 13, 1997
DATE OF BID OPENING: January 27, 1997
NAME OF CONTRACTORS AMOUNT OF BIDS
ADISSET CORPORATION $
ALPHA ULTRA INC. $
CRAFTMAN PLUS, INC. $ 8~175.00
DAKOTA CONSTRUCTION INC. $
A. F. DOZER, INC. $ 9v055.00
RAY GRAEVE $
H.M.P. BUILDERS, INC. $
HENRY HAYWOOD $
INTERCONTINENTAL CONST. CORP. $ 9~275.00
EDWARD J. KAPLAN $ 9,499.00
TOMMY PRESTON $ 8,670.00
SOUTH FLORIDA CONSTRUCTION $ 9v975.00
CONTRACTOR AWARDED CONTRACT: Craftman Plus, Inc.
BID/CONTACT AMOUNT: $8,175.00
COMMENTS: Bid awarded to low bidder.
AGENDA REQUEST
Request to be placed on: Date: January 28, 1997
~ Regular Agenda
~ Special Agenda
~ Workshop Agenda
xxxxx Consent Agenda When: Februaary 4, 1997
Description of item (who, what, where, how much):
CASE# ADDRESS SHIP AMT HOME AMT TOTAL
95-023HS 239 N.W. 6th Ave. $3,634.31 $10,902.94 $14,537.25
(Example: Request from Atlantic High School for $2,000 to funds project graduation).
ORDINANCE / RESOLUTION REQUIED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend approval of affordable rehabilitation grant award through
the State Housing Initiatives Partnership Program (SHIP) account 118-1924-554-49.19 &
HOME Investment Partnerships Program (HOME) account 118-1923-554-49.19
(Example: Recommend approval with funding from Special Events Account No. 001-
3333-555-44.55)
City Attorney Review/Recommendatt6' n (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: ~0 tls-i~v_,l-- ~'~q- 9~,}%
Funding Alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda ~/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Joseph Safford, Finance Director
FROM: Jacklyn Rooney, Purchasing Supervisor ~
DATE: January 29, 1997
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
FEBRUARY 04, 1997 - BID AWARD - BID #97-10
HOUSING RE~LABILITATION PROGRAM
Item Before Commission:
The City Commission is requested to make award to low bidder, as listed
below, at a cost of $14,537.25, which includes contingency.
Background:
The Community Development Division handles and processes their formal bids
on housing rehabilitation projects, with funding from their housing
rehabilitation budget.
Property: Contractor: Amount:
239 Northwest 6th Ave. Craftman Plus, Inc. $14,537.25
Recommendation:
The Purchasing Office concurs with the recommendation to award to the low
bidder(s) as outlined above from account's 118-1924-554-49.19 and,
118-1923-554-49.19.
Attachments:
Memorandum from Community Development
Bid Information Sheets
cc: Lula Butler
MEMORANDUM
TO: David Harden, City Manager
FROM: Michael Simon, Acting Community Development Coordinator ~ffJ
THRU: Lula Butler, Community Improvement Director~
DATE: January 27, 1997
SUBJECT: CONSENT AGENDA
Home Investment Partnership Program (HOME) & State Housing
Initiatives Partnership Program (SHIP) Rehabilitation of Owner Occupied
Units.
ITEM BEFORE THE COMMISSION
This is to request approval for one Housing Rehabilitation Grant Award through the State
Housing Initiatives Partnership Program (SHIP) & the Home Investment Partnership
Program (HOME). This request is in accordance with the City's approved Housing
Assistance Plan developed for the SHIP Program as well as the agreement of HOME
funds between the City and Palm B~ach County.
BACKGROUND
This 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 order. All
unused funds remain with the SHIP & HOME grant programs.
As required by the Home Agreement between the City and Palm Beach County we will
obtain a Promissory Note from the homeowner, record it in the public records of Palm
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. Grant recipients have met all eligibility requirements as specified
in the approved Policies and Procedures.
The rehabilitation activity will bring the homes to minimum code requirements by repairing
roofs, electric and plumbing systems and correcting other incipient code violations.
Detailed work write-ups and individual case files are available for review at the
Community Development Division Office.
RECOMMENDATIONS
Staff recommends Housing Rehab. Grant through the (SHIP) & (HOME) programs.
twenty-five percent (25%) of total funds will be charged to the SHIP account and the
remaining seventy- five percent (75%) of funds will be charged to the HOME account for
the following:
CASE# ADDRESS SHIP AMT HOME AMT
95-023HS 239 N.W. 6th Avenue $3,634.31 $10,902.94
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET FOR HOME & SHIP
BID #: 97-10HS
APPLICANT: Edmond Smith
APPLICATION #: 95-023HS
PROJECT ADDRESS: 239 N.W. 6th Avenue
DATE OF BID LETTERS: January 13, 1997
DATE OF BID OPENING: January 27, 1997
NAME OF CONTRACTORS AMOUNT OF BIDS
ABISSET CORPORATION $ 15~635.00
ALPHA ULTRA INC. $ 14~980.00
CRAFTMAN PLUS, INC. $ 13~845.00
DATOTA CONSTRUCTION, INC. $
A. F. DOZER, INC. $ 16,256.46
RAY GRAEVE $
H.M.P. BUILDERS, INC. $
HENRY HAYWOOD $
INTERCONTINENTAL CONST. CORP. $ 17,275.00
EDWARD J. KAPLAN $ 17~950.00
TOMMY PRESTON $ 14~850.00
SOUTH FLORIDA CONSTRUCTION $
CONTRACTOR AWARDED CONTRACT: Craftman Plus~ Inc.
BID/CONTRACT AMOUNT: $13~845.00
COMMENTS: Bid awarded to Iow bidder.
-/
, Agenda Item No. :
AGENDA REQUEST
Date: 01/29/97
Request to be placed on:,
× Regular Agenda Special Agenda Workshop Agenda
When: 02/04/97
Description of agenda item (who, what, where, how much): City Commission
4.~ raquested to award a bid to Contract Connection Inc. under the Palm Beach County School
Bn~H h4d n,,mher SB96C-169C for a 20' x 140' shelter with corru§ated metal sides in the
amount O~ $42,289.00. The shelter will be utilized for the storage of golf course
m~utanan£e equipment at the Municipal Golf Course. The price includes sealed engineering
drawings and required concrete footings. Funding is available from account 445-4761-5~2r~2.10
ORDI~L%/qCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NOoul~ngs'
Recommendation:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation {if applicable):
Budget Director Review (required on ail items involving expenditure
of funds ):
Funding available:
Funding alternatives: (if applicable)
Account Balance: ~,~
City Manager Review: ~"/[~
Approved for agenda: / NO ,~/
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
[ITY aF DELAIIY BEACH
DELRAY BEACH
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
AIl-~caCity
1993
TO: David T. Harden, City Manager
FROM: ~obert A. Barcinski, Assistant City Manager
SUBJECT: AGENDA ITEM # J'F..,- CITY COMMISSION MEETING, FEBRUARY 4, 1997
DATE: January 29, 1997
ACTION
City Commission is requested to award a bid to Contract Connection Inc. under the Palm Beach
County School Board bid number SB96C-169S for a 20'x 140' shelter with corrugated metal sides
in the amount of $42,289.00. The shelter will be utilized for the storage of golf course
maintenance equipment at the Municipal Golf Course. The pdce includes sealed engineering
drawings and required concrete footings. Funding is available from account 445-4761-572-62.10
Buildings.
BACKGROUND
For a number of years Mr. Dubin has requested and Commission has approved funding in the Golf
Course budget for a building/shelter to cover golf course maintenance equipment that we cannot
get into the existing maintenance building. Last fiscal year plans for a building were drawn up by a
local architect. The estimate, however for building a permanent structure was approximately
$90,000.00 - $100,000.00. Our budget estimates were about $35,000.00. Mr. Dubin and his staff
researched the availability to prefab type structures. They were able to find a contract with
Contract Connection, Inc. with the Palm Beach County School Board for metal shelters. The
shelter is so designed so that the length can be adjusted in 20' increments. The product has been
reviewed by Mr. Arendt the Golf Course Superintendent and Jose Aguila. Both feel that the
structure meets our needs and code requirements. Per Planning staff this item does not need Site
Plan and Appearance Boards approval.
The structure will be located on an existing concrete pad within the fenced in area around the
existing maintenance building.
Funds from last years budget ($35,000.00) were not carded over into this fiscal year for the
building. Per Mr. Safford, funding is available, however through transfer from current years project
reserve account number 445-4711-572-99.01 to the Capital account.
THE EFFORT ALWAYS MATTERS ~. ~. 3 '
Printed on Recycled Paper
Subject: Agenda Item # City Commission Meeting February 4, 1997
Date: January 29, 1997
Page: Two (2)
Recommendation
Staff recommends approval of a bid award to Contract Connection, Inc. under Palm Beach County
School Board contract SB96C-1695 for a 20' x 140', three sided metal shelter in the amount of
$42,289.00 with funding to come from account number 445-4761-572-62.10 Buildings.
RAB:tas
File:u:sweeney/agenda
Doc:golfshet.doc
CITY OF DELRAY BEACH
ENVIRONMENTAL SERVICES DEPARTMENT
MEMO~NDUM
To: Brahrn Dubin
From: Jos~ Aguila, R.A. ~
Construction Manager
Date: October 21, 1996
Subject: Municipal Golf Course Maintenance Shed
Project No. 96-055
Over the past couple of months I have been working with Tom Arendt on securing a
proposal from a metal shed distributor for the maintenance area. Attached is a proposal
with two options for the work. Option one is for a three sided shed for a total cost of
$42,289.00. Option two is for a four sided shed which allows for the future addition of
overhead doors. The cost of option two is $50,484.00.
Please review the attached information, and if you are in agreement, you may proceed
with the purchasing requirements for acquisition and installation. I will be happy to
monitor the permitting and installation should you desire.
In the meantime, I will forward this information to Jackie Rooney, with the Purchasing
Department, to make sure the we have all the necessary documentation for purchasing the
shed using the State contract. Please let me know if you have any questions.
cc: Bob Barcinski ~
Jackie Rooney
Tom Arendt
File 96-055 (A)
s:\...\9655\shedprop
10/~$/96 TUE ~6:36 F.~,X 95~9250500 ¢ CONTRACT CONNECT N ~00~
Contract ( onnection inc.
FACTORY REPRESENTATIVES
October 15, 1@96
City of Delray Beach, Florida
2200 Highland Avenue
Delray Beach, Florida 33445
Attention: Mr. Jose Aguila fax: 561-243-7314
Dear Jose
Th~nks for ali your help and input into getting the enclosed Quotations complete and
including the scope of work we are to perform.
'There are two Quotations enclosed: One is for the three sided unit, metal siding and
framework to allow for future complete four sided enclosure and installation of
overhead doors wittlout additional structural framework required...only bolt on framing
members to hold the face panels and framework for overhead doors.
T~e Second is a total turnkey for a four sided unit complete except for the overhead
cloors to be provided by the City.
Bo[h quotations include sealed State cf Florida Engineering drawings, concrete
f~otJngs in conjunction with the existing concrete slab, pulling of Building permit by our
staff State Certified licensed Building Contractor, Michael (3. Holder, (permit fee for
Buiicling permit to be waived by City or added to contract if fee is required).
The standing seam roofing has a 20 year warranted Dexter (r) baked coating in 12
standard coio~s and the Poligon structure has a 5 year warranty on the structural
components.
The unit meets South Florida Building Code revised 9/1/{)5.
The proposal is complete with no hidden additional costs or missing elements to furnish
and erect a quality and maintenance free structure.
We appreciate your assistance and look forward to hopefully working .with the City of
Delray Beach on this project. ~ .... ~
Very truly yours, Mike Ku'ohn, CPSI '~,.~-,---~':
Chairman/CEO enclosures (2) ,~k
FT. L.AUDERDALE OFFICES AI.~O IN: [] JACKSONVILLE
2851 POlk Street Odando, Tampa, Atlanta, 504 S. 2nd Street
Hotlywood. FL 33021 Pensacola, Naple~ - Ft. Myem, Jacksonville Beach, FL 32250
(95,~'. 925-?.~300 · FAX:(954} 925-0800 Melbourne, W. Palm Beach, (904) 249-5353 · FAX:(904) 249-8177
10,/.5.96 TI.,'E ].6:37 F3~.~ 9549250300 C COI~FRACT C&N'~ECT ~ ~]003
Contract Connection Inc'
Quct~ ~ 9602{30472 i ~ 504 ~. 2nd ~a'ee~
Version 1 -- Jacksonville Beach. Ftorid~ ~0
I~ate 10/10/96 Voice: (904) 24~-S353
From Mike Krehn / F~ (~) 2~a~
Bid Date 9113/96 ~
P.o.
B~82~
Ship Via ~her ~ Pambm~ Pin~, ~oHda ~Q~
Fa~o~ ps,gan / W.H. Po~er, Inc. Voi~: (~4) ~.3aao
F~ (~4) 9~800
QUOTE TO JOB NAME
~' of Delray B~ch ~Pmje~ GeE Coume
[Gaff Caume C~y ~ Det~ B~ ~
;2200 Highland Ave. ~if Caume
~D~imy Beach, FL 3~5 ~00 Highland Ave.
tA~: Mr. Jose Aguila Delmy Beach, FL 3~4~
{Phone; S61-243-7327 A~N: Mr. Jo~ Aguila
~Fax: 561-24~7314 , Phone: 561-2~7327
Pciige-20X14OM 20'Xl~'Shetter I $30,186.~ $30tlSL00
wlco~ga~d metal sid~
=~nG-Engi~ee~ dmwin9 Sealed Enginee~ 1 $9~0.~ $~0.00
dmwin~
zconc-Con~ete Conc~ Faoflngs 9 $2ao. Oa $1,ao0.~
SUBTOTAL
$32,935.0O
Euilding h~'~~s: 2 walls am 27 and I ~11 is 140'. ~
.~1 ~eel m~al sidin~~ sides, footings thru ~ing 4" slab. I INSTALL
=~ame: R~ Oxide Primed, Ro~ panels 20 ~s~r. Deiive~] FR~G~ $1,g0o-0o
~8-10 ~ks from re~i~ ef Ngn~ order and P,~THER T~ ~TE 0.~0%
;COSTS- · Pulling of building pete by Ronda lis~ns~ Building ~
T~
$0.00
Pa~ent Te~s Net 30 da~ DEPOSIT ~0.00
T~ ~em~
C~t Repo~ Required No TOT~ $42,289.00
~uing ~ce Pembm~ Ptn~,
Approval aha a~e~an~ ~ ~is proposal m~ be exceed ~
$ig~ing ~el~ and ~g ba~ to ~e ~ in ~e ~ above. ~e)
A~o~
Page 1 d 1
~ In: Jackao~ille ~ach~ FL Lauderdale~ Ta~a, O~ando, Pe~ola~ Napl~, Aaan~, and Mel~ume
SEP-17-1996 17: $~ CONTRACT CONNECTION INC.
· , ~ THE SCHOOL BOARD
OF PALM B~CH COUNt. F~OfllDA ~m~N~
PURCHASING ~PARTM[~ ~
1 9 1996
Date: March 15, 199
Con,tact Corm ,o~on, Inc.
PO Box 8254
~e~oke ~2nes, EL 33084
A~Cn: ~ike K=uhn
Subject: Letter of Ag=~ement
Per Bi~ Nu~tr: SB 96C-169S
Title: Te~m Contract for Playgro~d '~d Park
E~T~ment.
This is lo advise you that ~n March 13, 1996 the School Board of
Palm BeaCh cowry, Florida~as accepted your offer to renew
Number S~ 95C-I24S as speckled. This acceptance is subject to
complianCe with bid s~ecif~=ations, terms and conditions,
pertinen~ laws of the state o~ Florida and instructions as
determined by the General C~unsel lot the School Board.
Purcha~eiorders(s} will be !issued to cover the services as need
arises. ~
Thank yog ~or your bid and w, are lookin~ ~or~ar~ to doing business
~i%h youtor ~our company.
Sincerely,
Betty j,I Keel,~irector
cc: bid
TOTIqL F. 02
/
Date: January 30, 1997
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: February 4, 1997
Description of item (who, what, where, how much): Staff requests
Commission approval of the renewal of an annual contract with Vulcan
Chemical Technologies~ Inc. for odor/erosion control using hydrogen
peroxide injection. The previous year renewal was approved with a price
increase from $$.74/gal to S4.00/gal of 50% hydrogen peroxide solution
due to chemical cost increase. These costs have since subsided and
stabilized, so, this renewal reflects the previous cost of $3.74/gal of
chemical, A~ a ~age of 3~,023 gal/year., the renewal amount is
$130~986,0~ with f%unding from Acct. ~441-5144-536-52.21 Lift Station
Maintenance, Chemicals.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of annual contract renewal
with Vulcan Chemical Technologies.
Department head signature: ~-~' ~ Ij~ '
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:~/N0
Funding alternatives A/{~ (if applicable)
Account No. & Description
Account Balance ~ H~r{~
City Manager Review:
Approved for agenda:
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. ~'~
Asst. City Engineer
SUBJECT: ODOR CONTROL CONTRACT RENEWAL
DATE: January 30, 1997
Attached please find a proposal from Vulcan Chemical Technologies for renewal of their
annual contract for odor/erosion control in the City's wastewater system using hydrogen
peroxide injection. With the contract renewal last year, an increase from $3.74/gal to
$4.00/gal of 50% hydrogen peroxide solution was approved due to the vendor's increase
in chemical cost. You will note that the attached proposal reflects an industry decrease in
chemical cost, rolling the City's contract cost back to the previous rate of $3.74/gal. The
renewal contract amount will be $130,986.02 predicated on the reduced rate of $3.74/gal
of chemical and usage of 35,023 gallons per year. Funding is from Lift Station
Maintenance Chemical Account #441-5144-536-52.21
Please place this item on the February 4, 1997 Agenda for consideration by City
Commission.
RCH/gm
Attachment: 1
cc: Robert Bullard, Manager, Maintenance Div.
Jackie Rooney, Purchasing, Senior Buyer
file: Utility Maintenance
file :s/eng/eng/ltr/dick/ag2497.doc
Ilul[an
Chemical Technologies, Inc.
January 22, 1997 ,::,~, ~, 3 ':,397
City of Delray Beach
Environmental Services Department
4,34 South Swinton Avenue
Delmy Beach, FL 33~,~.~,
Attn: Mr. Richard C. Hasko, P.E.
Deputy Director of Public Utilities
Subj: Odor Control Contract Renewal
Dear Mr. Hasko:
Vulcan Chemical Technologies, Inc. (VCTI) is pleased to renew our annual odor control contract
with the City of Delmy Beach (City) for the period of February 6, 1997 to February 5, 1998. The
chemical cost will decrease to $3.74/gal. 50% hydrogen peroxide delivered; all other terms and
conditions will remain unchanged.
Please advise in writing if this meets with your approval. If you have any questions or concerns,
please do not hesitate to call me at 1-800-749-7376. Also, for your information and records, our
new fax number is 407-426-7178.
Sincerely,
Bill Stratton
Southeast Region Mgr.
BS j
[97007.0122]
4207 S.W. 34th Street, Orlando, FL 32811 · 1-800.749-7376 or 407-426-6977 / fax 407-426-7178
Agenda Item No.: ~F~'
AGENDA REQUEST
Request to be placed on: Date: January 30, 1997
_XX_Regular Agenda __Special Agenda __Workshop Agenda
When: February 4, 1997
Description of agenda item (who, what, where, how much): Award Bid #97-05 Poly
Phosphate- Annual Contract.
ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to low bidder, Shannon Chemical Corporation, at an estimated
annual cost of $52,836.00. ~mrd~h~ Acct. code #441-5122-536-52.21
Department Head Signature:
Determination of Consistency w~prehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: ~/NO
Funding alternatives:
. (if _ap21i~cable)
,.~ccount No. & Description: Z~
City Manager Review:
Approved for agenda: E~O
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: David Harden, City Manager
FROM: K. Butler, Buyer ~
THROUGH: Joseph ce Director
DATE: January 30, 1997
SUBJECT: DOCUMENTATION- CITY COMMISSION MEETING -
FEBRUARY 4, 1997 - BID A WARD - BID #97-05
POL y PHOSPHATE - TERM CONTRACT
Item Before Ci.tv Commission:
The City Commission is requested to award the annual contract for Poly Phosphate to
low responsive bidder, Shannon Chemical Corporation, at an estimated annual cost of
$52,836.00.
Back?oun&
The Water Treatment Plant has a need of an annual contract for the purchase of Poly
Phosphate to reduce corrosion in drinking water distribution systems, with funding from
their operations budget.
Bids for this chemical product were received on January 16, 1997, from two (2) vendors,
all in accordance with City Purchasing procedures. (Bid #97-05. Documentation on file
in the Purchasing Office.) A tabulation of bids is attached for your review.
The Manager of Water Treatment Plant has reviewed the bids, and recommends award to
low bidder, Shannon Chemical Corporation, per attached memo.
Recommendation:
Staff recommends award to low bidder, Shannon Chemical Corporation, at an estimated
annual cost of $52,836. 00. Funding from the department's operating expense budget.
Attachments:
Tabulation of Bids
Memo From Water Treatment Plant
cc: Don Haley, Manager Water Treatment Plant
File: agenda, doc
MEMORANDUM
To: Kathy Butler, Purchasing, Buyer
From: Don Haley, Manager of Water Treatment Plant
SUB: POLYPHOSPHATE
Date: January 28, 1997
After review of the submitted bids on the polyphosphates, and after talking to Dan Flynn
regarding my concerns about the coupons and corrosive studies, I was informed by Dan
that Shannon Chemical will have everything in place on the start of the awarded date.
I recommend the City award Bid #97-05 to Shannon Chemical for their product SNC -
Type N2 @ $.629/Lb., delivery included. The term of contract will be from February 15,
1997 thru February 14, 1998.
Please call me at Extension 7318, should you have any questions.
DH:dk
cc: Richard Hasko, Acting Dep. Dir. Public Utilities
File: bid9705
CITY OF DELRAY BEACH
TABULATION OF BIDS
BID # 97-05
POL Y PHOSPHATE
TERM CONTRACT
January 21, 1997
DESCRIPTION SHANNON TECHNICAL
CHEMICAL CORP. PRODUCT CORP
POL Y PHOSPHATE SNC-TYPE N2 TPC 556
EST. QUANTITY .629 / lb. .639 / lb.
84, 000 LBS. $52,836. O0 $53,676. O0
DELIVERY 5 calendar days 7 calendar days
after receipt of after receipt of
order order
METHOD OF Common Carrier Common Carrier
DELIVER Y (Contract)
PRODUCT
SUPPLIED IS Milled Granular
MILLED OR
PUL VER VIZED ?
IF IN PLACE
OF SODIUM No Yes
CARBONATE
YOU USE
SODIUM ASH
NSF CERTIFICATION Yes Yes
INCLUDED
COMMENTS / Will extend same pricing, Will extend same pricing,
EXCEPTIONS terms, and conditions to terms, and conditions to
other Palm Beach County other Palm Beach County
Governmental Entities Governmental Entities
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~.'~'l
SUBJECT: AGENDA ITEM # ~'- REGULAR MEETING OF FEBRUARY 4, 1997
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: JANUARY 31, 1997
Attached is the Report of Appealable Land Use Items for the
period January 20 through January 31, 1997. It informs the
Commission of the various land use actions taken by the
designated boards which may be appealed by the City Commission.
Staff requests that the Commission appeal the Site Plan Review
and Appearance Board's action of January 22, 1997, to deny a
waiver to the perimeter landscape requirement associated with
additional parking spaces at the Ingraham Avenue parking lot.
This will give staff time to develop and review possible
alternatives. We will present both the original proposal and
alternate designs or options at the February 18th regular
meeting.
Recommend appeal of SPRAB item #1 relative to the Ingraham Avenue
parking lot, and accept the balance of the actions and decisions
contained in the report.
ref:agmemo6
TO: DAVID T. HARDEN, CITY MANAGER
THRU: GUEZ, DI
DEPARTMENT OF PLANNING AND ZONING
FROM: ~'JASMIN ALLEN, PLANNER
SUBJECT: MEETING OF FEBRUARY 4, 1997 * CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS
JANUARY 21, 1997 THRU JANUARY 31, 1997
The action requested of the City Commission is that of review of
appealable actions which were made by various Boards during the period
of January 21, 1997 through January 31, 1997.
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 4, 1997
Page 2
A. Approved (7 to 0 ) with conditions, the mastedconcept plan for the
Bennett Property located at the southeast corner of Military Trail
and the L-30 Canal. The Bennett Property is an unincorporated
county parcel and the master/concept plan approval is in
conjunction with a request for water service agreement.
The following items which were considered by the Board will be forwarded
to the City Commission for final action.
· Continued action (7 to 0), of an amendment to the Land Development
Regulations Section 4.4.13 to allow moped rentals as a conditional use
in the CBD (Central Business District).
· Recommended approval (6 to 1, Carbone dissenting), of an
amendment to the Land Development Regulations Section 4.4.27 to
add child care as an accessory use in the OSR (Open Space and
Recreation) District.
· Recommended approval (7 to 0), of an amendment to the Land
Development Regulations Section 2.4.2(B) and 2.4.6(0) revising the
procedures for processing abandonment of rights-of-way.
· Recommended approval (5 to 2), of an amendment to the Land
Development Regulations 4.6.5 "Walls, Fences and Hedges", relating
to screening and reducing the maximum height of fences in areas
which create sight obstructions.
· Recommended approval (7 to 0), of an amendment to the Land
Development Regulations Sections 2.4.2(C(2)(d); 2.4.3(E) and
2.4.6(K) relating to the requirements for traffic studies.
· Recommended approval (7 to 0), of an amendment to the Land
Development Regulations Sections 2.4.3(K)(4)(d),(e)&(f);
2.4.3(K)(5)(c) and 5.3.3(G) regarding water and sewer impact and
connection fees.
City Commission Documentation
Appealable Items Meeting of February 4, 1997
Page 3
1. Denied on a 5 to 0 vote, a waiver to the perimeter landscape
requirement associated with the proposal to install 12 additional
parking spaces at Ingraham Park (Parking Lot), located at the
northwest corner of S. Ocean Boulevard and Ingraham Avenue.
The waiver sought to reduce the required perimeter landscape
strip from 5' to 1.5' along certain portions of the north property
line.
2. Approved (5 to 0), a color change for two buildings at The
Arbors Office Park located at the southwest and southeast
corners of Congress Avenue and Germantown Road.
3. Approved (4 to 0, Carter stepped down) with conditions, the
site plan, landscape plan and architectural elevation plan
associated with the establishment of a religious retreat for
Roseaire Retreat (Rosacker Property), located on the west
side of Gallagher Road at the end of Brady Boulevard. The
proposal includes the conversion of the existing single family
residence and construction of three building additions to house
up to 45 individuals. Concurrently, the Board approved a
request for waiver to eliminate the required 5' landscape strip
between abutting parking areas.
X. Approved on a 6 to 0 vote, the Certificate of Appropriateness
associated the construction of an attached garage to a contributing
single family residence at 708 S.E. 3rd Street. Concurrently, the
Board approved the following non-appealable item:
· A variance to allow the proposed garage to encroach 10'
into the front setback (i.e. reducing the required front
setback from 30' to 20').
City Commission Documentation
Appealable Items Meeting of February 4, 1997
Page 4
Y. Tabled action (6 to 0), on the Certificate of Appropriateness, site
plan, landscape plan and architectural elevation plan associated
with the conversion of a single family residence to a hair dressing
salon for Images Hair Design, located on the east side of Swinton
Avenue, south of Atlantic Avenue (19 S. Swinton Avenue). The
item was tabled as the Board had concerns regarding the design
elements proposed for enclosing the existing carport. The Board
consented to the applicant's request to proceed with interior
renovations.
Concurrently, the Board approved a request for a variance to
reduce the side interior setback from 7.5' to 5'1" in order to allow
the existing carport to be enclosed (variances are not appealable
by the City Commission).
Z. Approved (6 to 0), the Certificate of Appropriateness, a minor site
plan modification and the architectural elevation plan for the
Handelsman Property, located at the southeast corner of East
Atlantic Avenue and Palm Square. The proposed improvements
include enclosing a breezeway area to create additional storage
area for Blue Anchor, modifying the building facade for the pottery
store to the east and repaving the sidewalk area adjacent to Palm
Square to allow outside tables.
The following item which was considered by the Board will be forwarded
to the City Commission for final action.
· Recommended approval on a 6 to 0 vote of the designation of the
West Settlers Historic District 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 4, 1997
L-50 CANAL
o LAKE IDA ROAD
~ '~'-'l A'R. ANTIC AVENUE
I z
LOWSON BOULEVARD m
o
LINTON BOULEVARD
L-38 CANAL C-15 CANAL
CITY LIMITS ~"="~*~-- S.P.R.A.B. P. &: Z.
1. - INGRAHAM PARK A. - BENNETT PROPERTY
2. - THE ARBORS OFFICE PARK
I MILE
i 3. - ROSEAIRE RETREAT
I
I
H.P.B.:
SCALE
X. - 708 S.E. ,3RD STREET
N Y. - IMAGES HAIR DESIGN
Z. - HANDELSMAN EXPANSION
CITY OF DELRAY BEACH, FL
PLANNING DEPARTMENT
-- DIGIT,4/. B,4S_r MAP SYST£M --
TO: The Honorable Jay Alperin, Mayor
and the City Commissioners of Delray Beach
FROM: Kathy Stoke~1220 Southways)
RE: Agenda Item # 9A - Regular Meeting of February 4, 1997
Commission appeal of the Site Plan Review and Appearance Board's action of
January 22, 1997, to deny a waiver (5-0) to the perimeter landscape requirement
associated with 8 additional parking spaces at the Ingraham Avenue parking lot
DATE: February 4, 1997
I apologize for presenting this memorandum to you just prior to your meeting tonight. However,
the back-up materials for this item were not available until late in the afternoon on Friday, January
31, 1997, making it impossible to prepare my submission in time for it to be included in your
package for this meeting.
I would like to begin by respectfully requesting that Item # 9A on the Regular Agenda be opened
for public comment.
In deciding to seek an appeal of this denied landscape waiver, whether it involves 8 or 12 parking
spaces, the City Commission is acquiescing to an administrative determination by the Planning and
Zoning Department that, except for the requested landscape waiver, the proposed site plan as it is
presented is a non-impacting site plan modification. In short, a decision to appeal with testimony
accepted only on the landscape waiver means that the City Commission (i) agrees with the P&Z
Department that the entire site plan, except for the landscape waiver, is non-impacting, and (ii) has
set the stage for the site plan as a whole to be approved with public input on only one narrow
element of the plan, i.e., the landscape waiver.
I believe that the City Commission should not seek an appeal of the Site Plan Review and
Appearance Board's action of January 22, 1997, to deny a waiver to the perimeter landscape
requirement associated with eight (8) additional parking spaces at the Ingraham Avenue parking lot
for the following reasons:
Reason 1: The waiver request was specifically limited to two areas for 8 parallel parking
spaces, and the City as Sovereign and Applicant cannot seek an appeal that expands the scope
of the waiver to 12 parking spaces. Furthermore, an appeal does not permit any applicant,
whether a private developer or the City, to submit "alternate designs or options" as part of
the appeal process regarding a denied landscape waiver.
In Item # 9A of the Regular Agenda the City Commission is being asked to approve an appeal of
SPRAB Item #1 relative to the Ingraham Avenue parking lot. On page 3 of the Planning and
Zoning Department's undated memorandum regarding the meeting of February 4, 1997, Consent
Agenda, Report of Appealable Land Use Items, January 21, 1997 thru January 31, 1997, Item #1
states: "Denied on a 5 to 0 vote, a waiver to the perimeter landscape requirement associated with
the proposal to install 12 additional parking spaces at Ingraham Park (Parking Lot)...'
SPRAB was specifically directed to only address the requested landscape waiver in terms of the
eight parallel spaces shown on the plan. The SPRAB Staff Report for the January 22, 1997 meeting
specifically stated that the City seeks a waiver request to LDR Section 4. 6.16(H)(3)(d) "to allow a
1.5' landscape strip along the north property line adjacent to the proposed parallel spaces." The
Site Plan attached to the staff report identified the eight parking spaces as the waiver areas (see
attached copy of the plan from the staff report), and the minutes of the SPRAB meeting will show
that the board was told to focus only on the eight (8) parallel parking spaces, which it did.
To attempt to now add to the waiver process the four (4) proposed parking spaces at the east end of
the parking lot which encroach onto the adjacent property and have no landscaping buffering is
completely inappropriate. A private developer would never be allowed to appeal a decision of
SPRAB and change the scope of the issues that were before a city board when it made its decision.
The City as sovereign and applicant should not seek an appeal that expands the scope of any city
board decision. Furthermore, no appeal should afford any applicant, whether a private developer or
the City, an opportunity to submit "alternate designs or options" as part of the appeal process
regarding a denied landscape waiver.
Reason 2: The proposed site plan exclusive of the landscape waiver is not a non-impacting
site plan modification. However, if the City Commission seeks an appeal of the landscape
waiver denial, the City Commission is acquiescing to an administrative determination by the
Planning and Zoning Department that, except for the requested landscape waiver, the
proposed site plan is a non-impacting site plan modification.
Whether the City Commission decides its appeal of the landscape waiver is for eight parallel
parking spaces actually discussed by SPRAB or includes all 12 spaces as erroneously described in
the report of appealable land uses, the City Commission is acquiescing to an administrative
determination by the Planning and Zoning Department that, except for the requested landscape
waiver, the proposed site plan is a non-impacting site plan modification. This will occur because the
staff report for the SPRAB meeting of January 22, 1997, states that "[t]he action requested of the
Board is that of approval of a landscape waiver associated with a non-impacting site plan
modification, pursuant to LDR Section 2.4.7(B)(5). The non-impacting site plan modification will
be approved administratively" (emphasis added to previous sentence).
I believe that the staff's characterization of the proposed site plan exclusive of the landscape waiver
as a non-impacting site modification is in error for the following reasons:
a) The four proposed parking spaces at the east end of the lot which lop onto the County-owned
parcel to the north are impacting site modifications because: (1) they encroach on County-owned
property; (2) they appear to represent parking for Sandoway House rather than beach access
parking; and (3) the issue of the width of any required landscaping buffering (since these spaces
are part of the Ingraham Lot as beach access parking) has not been addressed.
In the proposed site plan, the four parking spaces at the east end of the Ingmham Lot lop over the
property line between the City-owned Ingraham Lot and the County-owned parcel of property
which is improved with a structure now known as the Sandoway House. Since there is no unity of
title between these two parcels, I find it difficult to believe that a site plan that calls for the
encroachment of four parking spaces onto County property (even though it is leased to the City) can
be considered non-impacting since two property owners are involved.
Even more disturbing is the fact there is no unity of use for the two parcels since the existing
Ingraham Lot and the 30 additional parking spaces are beach access parking and not parking for
Sandoway House. As stated in my memorandum of January 14, 1997, Ingraham Park, including
the additional 30 parking spaces which the City agreed to provide in the Interlocal Agreement, is
for beach access parking. The staff report for SPRAB is in error when it states that '[t]he intedocal
agreement required the City to provide 30 parking spaces for utilization by the education center."
The Interlocal Agreement dated July 25, 1995, regarding the purchase of the Sandoway property by
the County, clearly states that "[t]hat the purpose of said acquisition is to provide for additional
beach parking..." The minimum 30 additional parking spaces required by the Interlocal Agreement
are for beach access and not parking for Sandoway House.
The proposed site plan and the staff report submitted to SPRAB also ignored the issue of the width
of the landscaping buffering in an area that would separate the four parking spaces from the
grounds (or fence) of Sandoway House, and the members of Site Plan Review and Appearance
Board, at their meeting of January 22, 1997, were not allowed to address the four proposed parking
spaces at the east end of the Ingraham lot.
b) Any site plan cannot be considered non-impacting when it reduces a residential side street to one
lane, forces traffic one way into a neighborhood, adds 18 street parking spaces with the potential
for parking meters, adds a third parking lot entrance, and increasing traffic by increasing the
number of parking spaces by 30 and chan~ing the character of the parking from permit only to
general public.
While the Planning and Zoning Department may consider the balance of the site plan (excluding
either the 8 parallel spaces or perhaps the 12 spaces, depending on how much the staff is relying on
the City's January 22, 1997 request for the landscape waiver) non-impacting, I can assure you that
the neighborhood residents and persons such as myself who are concerned about parks do not view
the attached site plan as non-impacting.
Impacting aspects of this plan include: (1) reducing Ingraham Avenue to one lane; (2) creating one-
way traffic flow into the neighborhood; (3) adding 18 on-street parking spaces on what would
become a one-lane residential street, with the potential for adding parking meters; (4) shoehorning
eight parallel spaces onto the northside of the existing Ingraham Lot to the detriment of single
family homes adjacent to the parking lot; (5) adding a third entrance to the parking lot; and (5)
increasing the amount of traffic in the neighborhood by (i) increasing traffic in the neighborhood by
(i) changing the character of the parking lot from resident-only permit to metered public parking,
and (ii) adding 12 spaces in the lot and 18 spaces on the street (with a potential for meters), for a
grand total of 79 public parking spaces in a residential area that previously handled only 49 permit
spaces in an enclosed parking lot. If the City as sovereign and applicant can consider these elements
of the site plan as non-impacting, we as residents should be alarmed and outraged.
c) The proposed site plan has handicap parking spaces but provides no handicap access to the
beach.
Because the Ingraham lot (including the 30 additional spaces) is for beach parking (see the
discussion under Item a) above), I strongly believe that the two handicap parking spaces proposed
at the east end of the parking lot do not meet ADA requirements. While four-foot concrete
sidewalks provide access to the Sandoway property, the proposed parking lot plan does not a curb
cut between two parking spaces on the east side of A1A so that a handicapped individual could
surmount the curb. In addition, this plan assumes there has been an administrative determination
that a ramp from the parking lot to A1A is not necessary.
d) The development standards for the proposed site plan for Ingraham Park (Parking Lot.) are lower
than for any existing City developed beach parking lots.
The beach parking lots that are within residential neighborhoods are Atlantic Dunes, Anchor Park,
the existing Ingraham Park and Sandoway Park. All four lots have all their parking spaces enclosed
so that the gates can be closed at dusk and reopened at 8 a.m. each day. The lots are surrounded
by either landscaping buffers or low walls. Because all the beach parking tucked into residential
neighborhoods is well buffered by landscaping and walls, the parking has "worked" well and has
been compatible with the residential character of the beach neighborhoods. Equally important,
these parking lots are compatible with the neighborhoods because they are gated at dusk because
they are not lighted.
This proposed site plan calls for 18 public parking spaces to be placed on a residential side street
that will be one-lane and one-way into the neighborhood. Unlike the other four beach parking lots,
these spaces are not enclosed in a gated area. This arrangement does not comply with any of the
development standards which have made the spaces in the four existing beach parking lots
compatible with the neighborhoods. The City should approach the current project with the same
high development standards that have been its hallmarks in developing the other beach access
parking lots.
The proposed site plan does not contain gates at the two entrances on Ingraham Avenue or the
entrance on Gleason Street. When questioned, a Senior Planner stated that gates were a detail that
could be omitted in a "curb and gutter" plan such as this one. If this detail is omitted from the final
plan (which apparently was not the plan before the Site Plan Review and Appearance Board on
January 22, 1997), the City will actually be reducing its development standards for the existing
Ingraham Lot. The inability to gate an unlit parking lot raises the potential for criminal activity.
e) Any impact from this proposed site plan on security and landscape buffering for the Sandoway
House has been ignored.
Security for the grounds of Sandoway House has not been addressed in this proposed site plan. The
plan has four parking spaces (of which two are handicap) on the east end of the parking lot which
encroach onto the County property leased to the City for the Sandoway House. The plan does not
provide for a fence along the northern portion of these parking spaces or a gate across the four-foot
cement walkways into the Sandoway property. Since the parking in the Ingraham Lot is beach
parking, the lot should be open on the same schedule as the other beach parking lots - 8 a.m. to
dusk daily. While the hours for Sandoway House have not been announced, it may be safely
assumed that they will not have the same hours as the beach parking lots.
Reason 3: Any appeal and subsequent approval of the denied landscape waiver raises the
issues covered in my memorandum of January 14, 1997, that challenges the viability of this
Interlocal Agreement since the agreement requires the City Commission to approve,
regardless of any public input it may receive, a development order that cannot meet the
applicable development standards of the LDRs.
Since it is obvious that this proposed site plan is designed to meet the requirements o{' the Interlocal
Agreement dated July 25, 1995, the issues and concerns that I raised in my memorandum to the
City Commission of January 14, 1997, still remain. This memorandum details various issues which
the viability of the Interlocal Agreement and the City's contractual obligation to modify the existing
Ingraham lot to add at least 30 parking spaces no matter what it takes to accomplish that
modification.
ALTERNATIVE PROPOSAL:
Instead of trying to solve the problem piecemeal, the City Commission should recognize that
substantial issues exist and direct staff to come up with a comprehensive solution. As part of this
process, input from neighborhood residents and those who are concerned about parks should be
obtained. Perhaps in this manner the City can develop a plan of action, instead of a site plan, which
preserves both the basic intent of the Interlocal Agreement and the integrity of the neighborhood
and park which would be affected by the current proposal.
Attachment
cc: David T. Harden, City Manager (with attachment)
Susan A. Ruby, Esq., City Attorney (with attachment)
Joan Baccafi, Executive Director, Beach Property Owners' Association (with attachment)
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM ~ ~ +C- MEETING OF FEBRUARY 4, 199V
ITEMS 9B AND 9C/WIRELESS ANTENNA TOWERS
DATE: JANUARY 31, 1997
Attached for your information is a copy of the overhead projector
presentation made by Mr. Branning at the January 14th workshop.
Z
Z
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM ~ ~ - MEETING OF FEBRUARY 4, 1997
CONDITIONAL USE REQUEST/COMMUNICATION TOWER AT
BROWNING-FERRIS INDUSTRIES, INC.
DATE: JANUARY 31, 1997
This is before the Commission to consider a request for condi-
tional use approval to allow the installation of a communication
tower on the Browning-Ferris Industries property at 1475 S.W. 4th
Avenue within the I (Industrial) zone district. The proposed
location is on the northeast corner of the site.
This item was first before the Commission on December 3, 1996, at
which time it was postponed until February 4, 1997 so that more
research could be conducted on this issue.
At the January 14th workshop Mr. Les Branning of the Innovation
Group made a presentation on communication tower technology,
after which staff was given direction to begin the process of
developing a master plan.
Additional information will be provided either prior to or at the
meeting.
9.B.. CONDITIONAL USE REOUEST/COMMUNICATION TOWER AT BROWN-
ING-FERRIS INDUSTRIES, INC.: Consider a request for conditional
use approval to allow the installation of a communication tower
on the Browning-Ferris Industries property at 1475 S.W. 4th
Avenue within the I (Industrial) zone district. The proposed
location is on the northeast corner of the site. QUASI-JUDICIAL
PROCEEDING
The City Attorney stated this item will be conducted as
a quasi-judicial hearing which allows for presentations by all
involved parties, the admission of documents into the record and
public testimony.
The City Clerk swore in those individuals who wished to
give testimony on this item.
Diane Dominguez, Planning Director, entered into the
record the Planning and Zoning Department's file on this project
and a listing of pertinent documents, including the Minutes of
the Planning and Zoning Board meeting of November 18, 1996. This
is a request for a 150' monopole communication tower to accommo-
date Nextel Communications to be located at the BFI (Browing-Fer-
ris Industries) site on S.W. 4th Avenue. This is an industrial
site, surrounded by industrial and commercial uses. The original
proposal was to have the height of the tower at a maximum of 120
ft.; however, this is an opportunity for user co-location. Also,
there is another request from PrimeCo to construct a tower at
Pine Grove Elementary School. Staff feels it would be a better
approach to allow the BFI tower to be tall enough to allow Nextel
Communications and PrimeCo to co-locate in order to avoid having
another tower. She pointed out that the area is non-residential
and that the tower is to be located well into the interior of the
site. In terms of eastern locations for these structures, this
site is probably the best with respect to visual impact. The
Planning and Zoning Board considered this item at its meeting of
November 18, 1996, and unanimously recommended approval, subject
to conditions, including staff's additional condition that any
communication towers on the site that become unused or obsolete
be removed within 12 months of cessation of use.
Ms. Dominguez further stated that the conditional use
application for the communication tower at Pine Grove Elementary
School was postponed by the Planning and Zoning Board pending
disposition of the subject request.
The public hearing was opened.
Hugo Unruh, Agent for Nextel Communications, pointed
out that this particular site is unique and very different than
the previous request for a communication tower for Plhmosa
Elementary School (Item 9.A.). He addressed issues such as the
demand for wireless communications based on the growth and
technical aspects of this industry.
-13- 12-03-96
Mark Ciarfe11&, representing PrimeCo Communications,
stated that his company is currently going through the condition-
al use approval for the Pine Grove Elementary School site. He
indicated that the propagation map reflects that there is a void
in the southern portion of the City, and that basically the areas
which have no coverage are Linton Boulevard, A-l-A, and Federal
Highway. The 120 ft. tower which was originally proposed, would
have had a minimum separation of antennas at 10 ft. This height
does not allow PrimeCo the ability to have coverage in this
general area (Linton Boulevard to Federal Highway), which is why
there is an increase in the tower's height from 120 to 150 ft.
Jerry Knight, Attorney representing PrimeCo Communica-
tions, stated that the pending application for a tower at the
Pine Grove Elementary School site has been deferred. PrimeCo has
agreed to negotiate with Nextel Communications to co-locate on
the tower at the BFI site, if approved. He stated for the record
that if the City should decide on additional research on these
facilities, and if the result leads to new regulations, there is
the Telecommunications Act of 1996 which states that the pending
applications are reviewable under the City's current regulations.
Alice Finst, 707 Place Tavant, voiced her objection to
the proposal and the proliferation of these types of uses
throughout the City. She emphasized that not enough is known
regarding how this use will provide service to our community
and/or schools.
There being no one else who wished to give testimony on
this item, the public hearing was closed.
Mr. Ellingsworth commented that if these towers have to
go anywhere, the industrial zoning district is the most appropri-
ate location. He felt that this conditional use request was very
much different from the Plumosa Elementary School site.
Mr. Egan moved to postpone the conditional use request
for a communication tower at Browning-Ferris Industries, Inc., to
the Regular Meeting of February 4, 1997 (or sooner if possible),
seconded by Ms. Kiselewski. Upon roll call the Commission voted
as follows: Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan
- Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion
passed with a 5 to 0 vote.
Mayor Alperin reiterated that more analysis is neces-
sary with respect to these facilities. The City needs to develop
an overall plan, including a determination as how many towers are
actually needed to cover the City, appropriate locations, height
limitations, and how many providers are needed for services.
9.C. EXTENSION OF CONDITIONAL USE APPROVAL/BETHEL EVANGELI-
CAL CHURCH: Consider a request to extend the conditional use
approval for Bethel Evangelical Church located at the northeast
corner of S.W. 8th Avenue and 8th Court.
-14- 12-03-96
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITYMJ~IAGER~
SUBJECT: AGENDA ITEM # ~ ~ - MEETING OF DECEMBER 3, 1996
CONDITIONAL USE REQUEST/COMMUNICATION TOWER AT BROWNING
FERRIS INDUSTRIES, INC.
DATE: NOVEMBER 27, 1996
This is before the Commission to consider a conditional use
request to allow the installation of a 150 foot communication
tower on the Browning-Ferris Industries property within the I
(Industrial) zone district for Nexel Communications. The subject
property is on the northeast corner of the BFI property at 1475
S.W. 4th Avenue.
At its meeting of November 18, 1996 the Planning and Zoning
Board held a public hearing regarding the proposal, and there
was no public testimony in opposition. The Board voted 5-0 to
recommend that the conditional use request be approved based on
positive findings with respect to Chapter 3 (Performance
Standards) and Section 2.4.5(E) (5) (Conditional Use Findings) of
the Land Development Regulations, and the policies of the
Comprehensive Plan, subject to conditions.
Recommend approval of the conditional use request to establish a
communication tower at the Browning-Ferris site, based on the
findings and recommendations of the Planning and Zoning Board as
outlined in the attached materials.
TO: DAV~:)~.T. HARDEN, ~ MANAGER
THRU: DIA Z,
ING
FROM: JEttA. COSTELLO
SI~I~8OR~PL~NNER
SUBJECT: MEETING OF DECEMBER 3, 1996
CONSIDERATION OF A CONDITIONAL USE REQUEST .TO
INSTALL A COMMUNICATION TOWER AT THE BFI
(BROWNING-FERRIS INDUSTRIES) SITE. LOCATED ON THE
EAST SIDE OF S.W. 4TH AVENUE. APPROXIMATELY 800
FEET NORTH OF LINTON BOULEVARD.
The action requested of the City Commission is that of approval of a Conditional Use
request to establish a communication tower at the BFI (Browning-Ferris Industries) site,
within the I (Industrial) zone district.
The subject property is located on the east side of S.W. 4th Avenue, approximately 800
feet north of Linton Boulevard.
The development proposal is to install a communication tower for Nextel
Communications at the northeast corner of the BFI (Browning-Ferris Industries) at 1475
$.W. 4th Avenue, which incorporates the following:
· Installation of a 150 foot monopole communication tower with a 6' high antenna and
lighting rod at the top of the tower;
· Installation of the associated equipment room within the 50' X 65' (3,250 sq.ft.)
lease area, with accommodations for an equipment room and propane, tank for a
future cellular provider; and,
· Installation of an 8' high chain link along with associated landscaping around the
perimeter of the leased area.
Additional background and an analysis of the request is found in the attached Planning
and Zoning Board staff report.
City Commission Documentation
Meeting of December 3, 1996
Communication Tower at the BFI site (1475 S.W. 4th Avenue) - Conditional Use Approval
Page 2
At its meeting of November 18, 1996, the Planning and Zoning Board held a public
hearing in conjunction with review of the request. There was no testimony regarding
the proposal. The Board voted 5-0 (Eliopoulos and McCarthy absent) to recommend to
the City Commission approval of the Conditional Use request based upon positive
findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5)
(Conditional Use Findings) of the Land Development Regulations, and the policies of
the Comprehensive Plan, subject to the following conditions:
1. That the tower be a monopole structure no greater than 150 feet in height, and that
if there is not an agreement reached with PrimeCo to co-locate on the tower, then
the height must be limited to 120';
2. That the tower be located approximately 350 feet to the south of the proposed
location, along the east property line;
3. Submission of a non-impacting site plan modification application to be processed
addressing conditions of approval;
4. Verification from the F.A.A. (Federal Aviation Administration) that the location and
height of the tower is acceptable and must be provided with the site plan submittal;
5. That any proposal to add dishes or other similar types of fixtures, and microwave
relay dishes or other similar devices be processed as a conditional use modification;
6. That the trees around the compound/lease area be at a minimum 16 feet in height at
the time of planting, of Florida #1 Grade or better, and of a species that will have a
mature height of at least 35'; and,
7. That conditions 1-6 apply to any third provider.
In addition, staff suggests the following condition of approval be included:
8. That all obsolete and unused communication towers shall be removed within 12
months of cessation of use. (The applicant shall submit an executed removal
agreement to ensure compliance with this requirement.)
Approve the conditional use request to establish a communication tower at the BFI
(Browning-Ferris Industries) site, based upon the findings and recommendation of the
Planning and Zoning Board along with the condition that any communication towers on
the site that become unused or obsolete be removed within 12 months of cessation of
use.
Attachment: P & Z Staff Report and Documentation of November 18, 1996
PLANNING AND ZONING BOARD'
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: November 18, 1996
AGENDA TEM: IV.D.
ITEM: Conditional use request to allow the installation of a 150' communication
tower at the Browning Ferris Industries (BFI) site, located on the east side
of S.W. 4th Avenue, approximately 800 ft. north of Linton Boulevard.
IN TON 80ULEVARD N
GENERAL DATA:
Owner ........................................ Browning Ferris Industries, Inc.
Applicant .................................... Nextel Communications
Agent ......................................... Ellen Smith, A.I.C.P.
Location ..................................... East side of S.W. 4th Avenue, approximately 800 ft. north
of Linton Boulevard.
Property Size ............................. 6.823 Acres (3,250 sq.ft, lease area)
Future Land Use Map:~ .............. Industrial
Current Zoning ........................... I (Industrial)
Adjacent Zoning .......... ; .... North: MIC (Mixed Industrial & Commercial) and I
East: I
South: I
West: RM (Medium Density Residential) and I
Existing Land Use ..................... Browning Ferris Industries (f.k.a. County Sanitation),
Southern Regional Headquarters.
Proposed Land Use ................... Installation of a 150' communication tower at the northeast
comer of the property.
Water Service ............................ NIA.
Sewer Service ........................... N/A.
IV.D.
The action before the Board is that of making a recommendation to
the City Commission on a Conditional Use request and attendant
sketch plan to establish a communication and transmission
facility at the BFI site, pursuant to Section 2.4.5(E).
The subject property is located on the east side of S.W. 4th
Avenue, approximately 800 feet north of Linton Boulevard.
.............. ~'~""'"'~"-'= ............. "'""~ ..................... ~ ......... ~'~ ................. ~ ..... ~ ........ "'~ .............. '"~" ~ ................ ~ .................. .ti
The subject property was developed in 1980, while under Palm Beach County
jurisdiction. On October 17, 1988, the sul~ject property was annexed into the
City pursuant to the Enclave Act (Enclave 34) via Ordinance No. 115-88, and
zoned LI (Light Industrial). With the Citywide rezoning and adoption of the Land
Development Regulations in October, 1990, the subject property was rezoned
from LI to I (Industrial).
At its meeting of February 24, 199.1, the Site Plan Review and Appearance
Board (SPRAB) approved a minor site plan modification for the construction of
an employee parking lot. On December 21, 1994, SPRAB approved a minor site
plan modification for the construction of a truck parking area along with two
above ground fuel tanks. The improvements associated with the above
modifications have been installed.
On October 1, 1995, County Sanitation, Inc. and its holdings, including the
subject property, were purchased by BFI (Browning-Ferris Industries), waste
service providers.
On February 8, 1996, the 104th Congress of the United States passed the
Telecommunications Act of 1996 (Public Law 104-104). The Act addresses
many topics including telecommunication services, broadcast services, cable
services, regulatory reform, and other miscellaneous provisions. Section 704 of
the Act addresses local government zoning of towers used for cellular, PCS
(Personal Communications Services) and CMR (Commercial Mobile Radio
Service) transmitters. When regulating the placement of towers, local
governments are prohibited from: 1) actions which discriminate between
providers of "functionally equivalent'I services; 2) actions which have effect of
prohibiting the provision of wireless services; and 3) regulation of the placement
of towers based upon Radio Frequency (RF) emissions. Local governments
must act upon tower siting requests within a reasonable time and all denials
must be in writing.
On October 4, 1996, a conditional use request was submitted to construct a 120'
communication tower at the northeast corner of the BFI site. The development
proposal has since been amended to increase the height to 150' and is now
before the Board for action. While the public notice states the proposal is for a
Planning and Zoning Board Staff Report
Communication Tower at the BFI Site (1475 S.W. 4th Ave.) - Conditional Use Approval
Page 2
120', pursuant to LDR Section 2.4.2(B)(1)(n), the development request can be
changed during processing without requiring re-notice, when the change is not to
a more intensive zoning or new use. There are also two other tower locations
which are before the Board for consideration, each under separate petition.
.....~!=..:~:~:..':=~~i~:::..'~:~:~:~:~:' ~i~:"~'~ ~"~:~'~':'::~'""~'~":~'~ '~ ............................... .::.-: ~'"'~i~ ......... .~' ........ ..~'""~" ....... ~'<"' "~-~:~-~" ~.~:~" ~.:~ ' '
The development proposal is to install a communication and transmission
facility/tower for Nextel Communications at the northeast corner of the
(Browning-Ferris Industdes) at 1475 $.W.' 4th ^venue, which }ncorporates the
following:
121 Installation of a 150 foot monopole communication tower with a 6' high
antenna and lighting rod at the top of the tower;
121 Installation of the associated equipment room within the riO' X 65' (3,250
sq.ft.) lease area, with accommodations for an equipment room and propane
tank for a future cellular provider; and,
121 Installation of an 8' high chain rink along with associated landscaping around
the perimeter of the leased ama.
CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.)
Pursuant to Section 3.1.1 (Required Findings) of the Land Development
Regulations, prior to approval of development applications, certain
findings must be made in a form which is part of the official record. This
may be achieved through information on the application, the staff report, or
minutes. Findings shall be made by the body which 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
zone district and the zoning district must be consistent with the land use
designation.
The subject property has an Industrial Future Land Use Map designation and is
zoned I (Industrial), which are'consistent with each other. Within the Industrial
zoning district, a communication and transmission facility is allowed as a
conditional use [ref. LDR Section 4.4.20(D)(3)]. Based upon the above positive
findings can be made with respect to consistency with the Future Land Use Map.
CONCURRENCY: Facilities which are provided by, or through, the City
shall be provided to new development concurrent with issuance of a
Planning and Zoning Board Staff Report
Communication Tower at the BFI Site (1475 S.W. 4th Ave.) - Conditional Use Approval
Page 3
Certificate of Occupancy. These facilities shall be provided pursuant to
levels of service established within the Comprehensive Plan.
The proposed tower will be unmanned, and will not have any impacts on level of
service standards as they relate to water, sewer, drainage, traffic, parks and
recreations facilities, and open space. Based upon the above, a positive finding
can be made with respect to Concurrency.
CONSISTENCY; Compliance with performance standards set forth in
Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional
Use request 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 making a finding of overall
consistency.
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and no applicable objectives and policies are noted.
SECTION 2.4.5(E)(5) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E)(5)(Findings), in addition to provisions of
Chapter 3, the City Commission must make findings that establishing the
conditional use will not:
A. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
B. Nor that it will hinder development or redevelopment of nearby
properties.
The overall BFI site is bordered on the north by the Industrial and MIC (Mixed
Industrial and Commercial) zoning districts; on the east and south by the
Industrial zoning districts; and, on the west by the RM (Medium Density
Residential) and Industrial zoning districts. The existing land uses are: Tyler
Fabricator's to the north; to the east is Tarmac Concrete Company; to the west,
Gulf Stream Commerce Center, Linton Tress, and Linton Ridge Condominium,
across S.W. 4th Avenue; and, to the south are Adelphia Cable Company, Linton
Self Storage and One Linton Boulevard industrial development. The proposed
lease area is located at the northeast comer of the site and is surrounded by
industrial uses.
VVhile compatibility with the adjacent industrial uses is not a concern, there is
concern with respect to the residential neighborhoods to the north and west. At
150' in height, the proposed tower will be imposing to adjacent residences which
are located within 150 feet. The tower will be of the monopole design, which is
not as obtrusive as the metal tri-pod (self-support lattice) or guy wire type towers.
Reducing the height of the tower has been explored, however this would
decrease the coverage/service area and require the installation of additional
Planning and Zoning Board Staff Report
Communication Tower at the BFI Site (1475 S.W. 4th Ave.) -Conditional Use Approval
Page 4
towers throughout the area. As additional towers are not desired, it may be more
appropriate to locate the tower further to the south, interior to the industrial area,
to reduce the visual impacts on the residences. A similar request to install a 150'
tower at Pine Grove Elementary School, northwest of the BFI site, is being
processed. The Pine Grove tower is surrounded by residences and is within
100' of a multiple family development, which is inappropriate for a tower of this
height. If the BFI tower is located intedor to the industrial area, it would be
appropriate to allow it at 150' height and require the Pine Grove cellular cartier,
PdmeCo, to co-locate with the BFI carder, Nextel. If the tower is relocated, it
should not have a detrimental effect on nor hinder development of surrounding
properties.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS;
The proposed use will be in compliance with the Land Development
Regulations. If the Conditional Use is approved, a site plan submittal
complying with the Land Development Regulations will be required. Along
with the Conditional Use request, a sketch plan has been submitted and
reviewed by staff. Based upon staff's review of the sketch plan and site
inspections, the following "Technical Items" were identified,
Exceptions to District Height Limitatiorls:
Within the I (Industrial) zone district, the height limitation is 48 feet [ref. LDR
Section 4.3.4(K)]. Pursuant to LDR Section 4.3.4(J)(3)(a) (Free-standing
Features), the height limitation contained in LDR Section 4.3.4(K) shall not apply
to free-standing antennas, chimneys conveyors, cooling towers, flag poles, radio
towers, silos, or television towers. However, any part of any such structure, or
feature, shall not extend above the height of 64 feet unless specifically approved
by the City Commission.
The request for a 150 foot tower requires specific approval by the City
Commission and will be acted upon in conjunction with the conditional use
approval.
Federal Aviation Administration
A letter has been provided from the FAA stating that preliminary approval has
been granted for height and location of the proposed tower. If the conditional
use is approved, written verification must be provided by the FAA stating that
approval of the tower has been granted.
Planning and Zoning Board Staff Report
Communication Tower at the BFI Site (1475 S.W. 4th Ave.) - Conditional Use Approval
Page 5
Tower Fixtures i,e. Microwave Dishes and Antennas
Elevations have been provided indicating that the antenna for the proposed user
will be affixed to the tower and will extend 6' from the top. The elevations should
also indicate the type of antenna or dishes that will be utilized by future carders.
Any antennas installed in the future should be similar to the antenna currently
proposed. With the site plan modification submittal, elevations which indicate all
fixtures that will be affixed to the tower must be provided. Any proposal to add
dishes (as opposed to antennas) must be processed as a modification to the
conditional use, thus requiring review by the Planning and Zoning Board.
Safety_ (Tower Failure/COllapse)
Information has been provided indicating that the proposed monopole tower can
be designed to withstand a design wind speed of 120 mph with no failure. The
tower is engineered to buckle if it does fail. In a worst case scenario (winds
exceedingly approximately 150 mph), the 150 foot tower would buckle at 115
feet in height. While the information referenced 150 mph as a worst case
scenario, the monopole towers did not fail in the case of Hurricanes Andrew and
Hugo, whose wind speeds exceeded the design wind speed.
The development proposal is not within a geographical area requiring review by
the CRA (Community Redevelopment Agency), DDA (Downtown Development
Authority) or the HPB (Historic Preservation Board).
Site Plan Modification:
If Conditional Use approval is granted, a non-impacting site plan modification
submittal will follow. The site plan must address concerns raised through the
conditional use petition.
Special Courtesy and Public Notices:
Courtesy notices were provided to the following homeowner's associations and
civic organizations:
Q Woods of Southridge
I~ Town and Country Estates
Q Laver's
r3 Delray Property Owners
[~ Progressive Residents of Delray (PROD)
Planning and Zoning Board Staff Report
Communication Tower at the BFI Site (1475 S.W. 4th Ave.) - Conditional Use Approval
Page 6
Formal public notice has been provided to property owners within a 500 ft. radius
of the subject property. Any letters of objection or support, if any, will be
presented at the Planning and Zoning Board meeting.
The proposed use is consistent with the policies of the Comprehensive Plan as
well as Chapter 3 and Section 2.4.5(E)(5) of the Land Development Regulations.
The proposal calls for the installation of a 150' monopole tower with
accommodations for an additional carrier. The monopole towers are somewhat
unobtrusive compared to the self-supporting tri-pod towers. In order to mitigate
impacts on the adjacent residences it may be appropriate to locate the tower
approximately 300 feet to the south, which would then centrally locate the tower
within the industrial area and reduce its visibility from the residences to the north.
If located interior to the industrial area, it would be appropriate to allow a 150'
monopole and require the Pine Grove cellular carrier, PrimeCo, to co-locate on
the tower at the BFI site. Any proposal to add dishes must be processed as a
conditional use modification.
1. Continue with direction and concurrence.
2. Recommend approval of the conditional use request to establish a
communication and transmission facility at the BFI site based upon
positive findings with respect to Chapter 3 (Performance Standards) and
Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development
Regulations, and the policies of the Comprehensive Plan subject to
conditions.
3. Recommend denial of the conditional use request to establish a
communication and transmission facility at the BFI site based upon a
failure to make positive findings with respect to Chapter 3 (Performance
Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land
Development Regulations, and the policies of the Comprehensive Plan,
with the basis stated.
Recommend to the City Commission approval of the Conditional Use request to
establish a communication and transmission facility at the BFI site based
upon positive findings with respect to Chapter 3 (Performance Standards) and
Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development
Regulations, and the policies of the Comprehensive Plan s~bject to the following
conditions:
A. That the tower be a monopole structure no greater than 150 feet in height;
Planning and Zoning Board Staff Report
Communication Tower at the BFI Site (1475 S.W. 4th Ave.) - Conditional Use Approval
Page 7
B. That the tower be located 300 feet to the south of the proposed location,
along the east property line;
C. Submission of a non-impacting site plan modification application to be
processed addressing conditions of approval;
D. Verification from the F.A.A. (Federal Aviation Administration) that the
location and height of the tower is acceptable and must be provided with
the site plan submittal; and,
E. That any proposal to add dishes or other similar types of fixtures be
processed as a conditional use modification.
Attachments:
Survey/Access Plan
Landscape Plan
Tower Elevations
Report prepared by: Jeff Costello.'Senior Planner
:
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # q C '- MEETING OF FEBRUARY 4, 1997
CONDITION USE REQUEST/OOM IOATION TO ER AT PLUMOSA
ELEMENTARY SCHOOL
DATE: JANUARY 31, 1997
This is before the Commission to consider a request for
conditional use approval to allow the installation of a
communication tower at Plumosa Elementary School. The subject
property is located at the southeast corner of N.E. 19th Street
and N.E. 2nd Avenue (Seacrest Boulevard), and is zoned CF
(Community Facilities) District.
This item was first before the Commission on December 3, 1996, at
which time it was postponed until February 4, 1997 so that more
research could be conducted on this issue.
At the January 14th workshop Mr. Les Branning of the Innovation
Group made a presentation on communication tower technology,
after which staff was given direction to begin the process of
developing a master plan.
Additional information will be provided either prior to or at the
meeting.
Mr. Randolph moved to approve the Consent Agenda, as
amended, seconded by Ms. Kiselewski. Upon roll call the Commis-
sion voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph -
Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes.
Said motion passed with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A.A. (8.G.) REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS/SITE PLAN REVIEW AND APPEARANCE BOARD/SITE PLAN, LAND-
SCAPE PLAN AND ARCHITECTURAL ELEVATION PLAN FOR KWIK STOP MARKET.
Consider SPRAB's action regarding the site plan, landscape plan
and architectural elevation for Kwik Stop Market, a proposed
2,856 sq.ft, convenience store and laundromat to be located at
the northeast corner of N.E. 14th Street and Dixie Highway.
Mayor Alperin stated that the reason he requested this
item be removed from the Consent Agenda is because there is some
concern regarding the layout of the site plan, especially from a
community policing standpoint. By appealing this item, the
Police Department will have additional time to review the site
plan to see if some improvements can be made for the safety of
the neighborhood.
Mr. Ellingsworth moved to appeal the Site Plan Review
and Appearance Board's action regarding the site plan, landscape
plan and architectural elevation for the proposed Kwik Stop
Market to the regular meeting of January 7, 1997, seconded by Mr.
Egan. Upon roll call the Commission voted as follows: Mr.
Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr.
Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5
to 0 vote.
9.A. CONDITIONAL USE REOUEST/COMMUNICATION TOWER AT PLUMOSA
ELEMENTARY SCHOOL: Consider a request for conditional use
approval to allow the installation of a communication tower at
Plumosa Elementary School. The subject property is located at
the southeast corner of N.E. 2nd Avenue (Seacrest Boulevard) and
N.E. 19th Street and is zoned CF (Community Facilities) District.
QUASI-JUDICIAL PROCEEDING
The City Attorney stated this item will be conducted as
a quasi-judicial hearing which allows for presentations by all
involved parties, the admission of documents into the record and
public testimony.
The City Clerk swore in those individuals who wished to
give testimony on this item.
Diane Dominguez, Planning Director, entered into the
record the Planning and Zoning Department's file on this project
and a listing of pertinent documents, including the Minutes of
the Planning and Zoning Board Meeting of November 18, 1996. This
is a request to establish a monopole communication tower to
3 12-03-96
accommodate Sprint Communications service. The tower is proposed
to be located on the campus of Plumosa Elementary School, on the
east side of the school buildings. The original request was to
allow a height of 150 feet. However, during review, staff
discovered that at Atlantic High School, approximately 1,100 feet
north of Plumosa, a 150' monopole tower was installed without
first obtaining conditional use approval. Staff recommends that
the request for a tower at Plumosa Elementary School be postponed
until the conditional use request for Atlantic High School is
considered, with the possibility that both users could co-locate
on one tower with the preferred site being Atlantic High School.
The high school is a larger campus and the communication tower
would blend in with the light poles on the football field. Also,
the campus is adjacent to commercial uses on one side as opoosed
to the Plumosa site, which is located within 150 ft. of single
family homes. The School Board is looking to establish
communication towers on as many school sites as possible as there
are certain benefits to the School Board. The towers will be
installed and maintained by the communication companies at no
expense to the schools, and the schools can use these towers for
their own communication equipment. The schools receive a fee for
the use of the property, and these fees are then applied to
improvements for the schools. Ms. Dominguez pointed out that
since most schools are located within residential areas, there is
a concern about the visual impact of the towers. The Planning and
Zoning Board considered this item, along with two other cellular
tower requests, at their meeting of November 18, 1996. At the
meeting there was considerable discussion as why a tower was
needed at Plumosa and why it was necessary to have the tower at a
height of 150 ft. At that meeting, the School Board gave a
lengthy presentation as to the benefits of these facilities.
Although their arguments were compelling, they really were not
relevant to the findings which need to be made for a conditional
use, such as if the use will have a detrimental impact on the
stability of the neighborhood, or will it hinder the development
or redevelopment of nearby properties. At the meeting there was
some testimony from a number of residents opposing the tower
being located at this particular location. The Planning and
Zoning Board voted 3-2 to recommend approval but recommended that
the communication tower be limited to a maximum height of 125
feet and subject to a number of conditions. Also, should the
Commission approve the conditional use request, staff recommends
an additional condition be added which states that any communica-
tion towers on the site that become unused or obsolete be removed
with 12 months of cessation of use.
Ms. Dominguez further stated that the Planning and
Zoning Board had a discussion regarding the number of applica-
tions for telecommunication towers being submitted to various
municipalities, including Palm Beach County. The Board recom-
mended that existing applications continue on in the process, but
that consideration be given to the imposition of a moratorium
until such time that the code can be reviewed and amended to
-4- 12-03-96
place more definitive requirements on these towers in terms of
location, height, distance from residential areas, etc.
Au.gust£n Hern&ndez, representing the Palm Beach County
School Board, gave a lengthy presentation in which he discussed
the benefits to the school with having the tower on the site, the
proposed site plan and landscape treatment for the structure, and
his belief that the tower would have minimal impact on the
surrounding residential areas. Mr. Hernandez further stated that
the School Board was not aware of the requirement for conditional
use approval when the tower at Atlantic High School was in-
stalled. Having been informed of the requirement, an application
for the requisite approval has been submitted to the City for
consideration.
The following individuals spoke in favor:
Eula Mason-Berry, Principal of Plumosa Elementary
School, noted that various committees, staff members and parents
at Plumosa have been involved in this process and feel that the
communication tower will be an excellent way to provide addition-
al revenue for the school.
Pat Stenhuler, Planning Specialist with the Palm Beach
County School Board, stated that Plumosa Elementary School has
undertaken a great deal of construction projects with four new
buildings. The monopole communication tower will provide the
school with an opportunity to replace an old cement structure
with a new monopole which the school could not afford to buy by
itself.
The following individuals spoke in opposition:
Charles Owen felt that the tower should be placed on
the vacant lot on N.E. 3rd Avenue, which is City-owned property
where the old water tank used to be. It was his understanding
that the school had already received revenue prior to approval.
Helen Coopersmith was not opposed to anything which
would be of assistance to local schools; however, she had reser-
vations regarding the height of the communication tower and its
proximity to the residential area. She pointed out there is more
to this proposal than the schools because the tower will also be
used for cellular phones, radio and television uses. Ms.
Coopersmith expressed concern that should this request be ap-
proved, it would set a precedent for similar requests.
Rich McGloin, 2275 North Swinton Avenue, urged the
Commission to deny the request for the tower. He pointed out
that one of the reasons for the great demand for these locations
is good zoning which prevents private industry from installing
towers wherever they want. Mr. McGloin stated that he feels the
School Board has sold out their property to commercial ventures.
-5- 12-03-96
He sympathized with the Principal of the Plumosa; however,
approving this request is not the answer to solving the problems.
Scott Christenson felt the tower was inappropriate in a
residential neighborhood and that the use was not justifiable.
He noted that the tower at Plumosa Elementary School will be
substantially higher than anything else in the neighborhood. He
pointed out that the tower is not a singular pole, as the top has
a triangular unit consisting of three towers, and each side is 12
1/2 ft. Mr. Christenson urged everyone to personally look at the
top of a tower and judge for themselves if it is appropriate
within a residential area.
Debbie Sherst¥ stated that she lives only three houses
away from Atlantic High School and today was the first time she
noticed the tower and that was only because someone brought it to
her attention.
Steve Butera, President of the Seacrest Homeowners
Association, voiced his objection to the entire proposal. As a
taxpayer, he expects that proper channels will be adhered to when
these types of commercialized uses are brought into a residential
neighborhood. Mr. Butera opposed the fact that money is being
paid and spent prior to obtaining approval. He felt it was
disrespectful to the City's governing body as well as the taxpay-
ers.
The public hearing was closed.
At this point the applicant presented his rebuttal.
Mr. Hernandez addressed the issue of access onto the
property during and after installation of the communication
tower. With respect to the issue of revenue, the School Board
has not received any monies prior to construction of the pole at
Plumosa Elementary School. Mr. Hernandez noted that as telecom-
munications become more popular and the competitiveness of the
market becomes more affordable, there will be a proliferation of
these poles. There is a trade-off, you can keep them iow and
have more of them, or they can be higher and you will have less
of them. Mr. Hernandez presented a computerized sketch which
reflected the mass of the antenna on top of the pole. He noted
that the antenna is a thin 6 or 7 ft. triangular mass. Mr.
Hernandez apologized for the prior installation of the pole at
Atlantic High School, and emphasized that this situation will be
immediately corrected by going through the conditional use
approval process.
Ron Mastri&na, Attorney for Sprint Communications,
pointed out that the monopole will replace an existing structure
on the property. He noted that there are a number of parents and
property owners in the audience who did not give testimony
tonight, and asked that they stand up to acknowledge their
support. Mr. Mastriana emphasized that it is the School Board
-6- 12-03-96
who actually owns the monopole structure; and, that the intent of
this commercial venture is to give some benefit back to the
community.
Mayor Alperin voiced his disappointment with the School
Board's long presentation this evening.
At this point, the Commission asked various questions
of the applicant.
Mayor Alperin expressed concern about the potential for
the proliferation of these structures throughout the City. He
suggested that the item be postponed so that more research could
be conducted on this issue.
The City Attorney concurred that sufficient evidence
had not been provided with respect to certain parameters such as
how the use may affect or hinder development and redevelopment,
the effect of this use upon the neighborhood, and the impact on
the public interests, etc.
Discussion ensued.
Mayor Alperin expressed concern that there is no
overall plan, and felt that more research is needed before a
decision can be made. He felt the City should take the addition-
al time so no mistakes are made and, if necessary, obtain expert
advice in this matter.
Ms. Kiselewski moved to postpone the conditional use
request for a communication tower at Plumosa Elementary School to
the Regular Meeting of February 4, 1997, or sooner if possible,
so that more research can be done, seconded by Mr. Egan. Upon
roll call the Commission voted as follows: Mayor Alperin - Yes;
Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - No;
Mr. Randolph - No. Said motion passed with a 3 to 2 vote.
At this point, the time being 7:05 p.m., the Commission
moved to the duly advertised public hearings portion of the
agenda.
10. PUBLIC HEARIN~S~
10.A. ORDINANCE NO. 56-96: An ordinance changing the Future
Land Use Map (FLUM) designation from Community Facilities -
Recreation to Commercial Core (small scale amendment) and rezon-
ing from CF (Community Facilities) to CBD (Central Business
District) for a parcel of land located at the northwest corner of
S.E. 1st Street and 3rd Avenue. Prior to consideration of
passage of this ordinance on Second and FINAL Reading, a public
hearing has been scheduled to be held at this time. QUASI-JUDI-
CIALHEARIN~
The City Manager presented Ordinance No. 56-96:
-7- 12-03-96
MEMORANDUM
TO: MAYOR AND CITY
FBi: CITY MANAGER ~I
SUBJECT: AGENDA ITEM # ~A - REGULAR MEETING OF DECEMBER 3, 1996
CONDITIOnaL USE REQUEST TO INSTALT. A Cf~4MUNICATION TOWER AT
PLUMOSA RLRMENTARY SCHOOL (QUASI-JUDICIAL PROCEEDING)
DATE: NOVEMBER 25, 1996
This is before the Commission to consider a request for conditional use
approval to allow the installation of a communication tower at Plumosa
Elementary School. The property is located at the southeast corner of
Seacrest Boulevard (N.E. 2nd Avenue) and N.E. 19th Street, aD~ is zoned CF
(Community Facilities) District. Please refer to the attached staff report
for additional background and analysis of the request.
The applicant's (Sprint Cc~munications) request was for installation of a
150 foot monopole communication tower with a 5 foot high antenna and
lighting rod at the top of the tower, and associated improvements. The
Planning and Zoning Board considered the matter at a public hearing on
November 18, 1996, and voted 3 to 2 (Schwartz and Carbone dissenting;
Eliopoulos and McCarthy absent) to recommend approval based upon positive
findings with respect to Chapter 3 (Performance StaD~ds) and Section
2.4.5(E)(5) (Conditional Use Findings) of the rand Develola~ent Regulations,
and policies of the Comprehensive Plan, subject to the conditions listed on
page 2 of the City Commission Documentation report.
Recommend approval of the conditional use request to establish a
communication tower at Plumosa Elementary School, based upon the findings
and subject to the conditions recommended by the Planning and Zoning Board,
plus the additional condition that any communication towers on the site
that become unused or obsolete be removed within 12 months of cessation of
use.
re f: agmemo7
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY Mg2XlAGER~
SUBJECT: AGENDA ITEM # 7&/- REGULAR MEETING OF FEBRUARY 4, 1997
REQUEST FOR CHANGE OF GARBAGE SERVICE/WOODLAKE
DATE: JANUARY 31, 1997
We have received a petition from the Woodlake Homeowner's
Association asking that their garbage and trash service be
changed from curbside, rollout cart to side door service.
Various considerations are outlined in the attached memorandum
from Mr. Safford.
Staff requests Commission direction on how to proceed.
ref:agmemo7
To: David T. Harden, .City Manager
____d ,
From: Joseph ~ce Director
Date: January 13, 1997
Subject: Woodlake Subdivision- Request for Sidedoor Garbage Services
Attached is a petition from the Woodlake Homeowner's Association, Inc. requesting that their
garbage/trash service be changed from a curbside, rollout cart service to a sidedoor service. Sally
Eckefle, Petition Committee Chairman, represents that over 50% of the residents executed the
petition requesting this change. The petition states two (2) primary reasons for the request. They
are:
· Seniors have difficulty with the rollout cart system
· Working residents feel containers left at curb during the day are a secunty risk
In the original survey of this neighborhood, 91 residents responded to the survey requesting
curbside rollout cart service while 84 residents responded requesting sidedoor service be
maintained. Based upon this result, the residents of Woodlake were categorized as a curbside
rollout cart service area. The City of Delray Beach, based upon the survey results, proceeded to
design a bid package for contract haulers. In addition, the City proceeded with a $613,068
purchase order for the purchase and delivery of 95-gallon and 32-gallon rollout containers. The
bids were awarded by the City Commission resulting in a specific rate structure for residents of the
City dependent upon their requested service characteristics. The rate structure for curbside rollout
cart service was set at $6.93 per month (including $.90 per month for the cart rental) and $11.64
per month for sidedoor service.
A meeting was held with BFI on January 10, 1997 to discuss this petition and the impact, if any,
upon the hauler. BFI was represented by Mr. Bill Johnson, President and Mr. John Archambo,
Marketing Manager. BFI stated that they would be willing to accommodate any decision the City
makes. This meeting pointed out several considerations that must be addressed:
· sidedoor service does not routinely require rollout comers to be taken to the curb
and then replaced, which means that a sidedoor service cannot use the 95-gallon
rollout carts, residents must purchase standard size containers
· residents may be required to payofftheir 95-gallon and 32-gallon containers and not
be able to use them (espedally the 95-gallon size)
· the City has no use for additional 95-gallon rollout containers
· sidedoor service takes more route time than a curbside service and, although BFI has
some present capacity, if several neighborhoods change their service to reardoor or
sidedoor, BFI would at some point have to acquire additional vehicles and
crewmembers to accommodate this change
· changing route time structures may require citywide route restructuring
Page 2
This department would express some additional concems:
· the current survey did not properly inform residents of the fact that monthly rates for
sidedoor service are significantly higher than curbside rollout container rates, would
question whether residents would be willing to accept higher rates in addition to paying
offtheir present container (which they may not be able to use in a sidedoor pickup
system), and the possible cost of purchasing additional standard size containers
the overall purpose of a curbside rollout cart system was to provide for a standardized,
efficient, and automated pickup system resulting in lower hauler costs (route time,
workers compensation injuries, etc.) and thus reduced costs to our citizens
· individual neighborhood changes, at some point, would impact overall City rates and
charges
· few residents, if any, from Woodlake have expressed any "difficulty with the new
system" or "security risk" in the first 90 days of the new system, some residents did
request changing to a 32-gallon size container which has been accommodated
· the City has already expended thousands of dollars by allowing residents to change to
32-gallon sizes, many residents have requested changing back to 95-gallon size soon
after
We would ask that this item be placed on a workshop agenda for consideration by the City
Commission and that Woodlake representatives be notified when this occurs so that they may be
represented at the meeting.
Attachment: Petition Letter from Woodlake dated January 6, 1997 (with petitions)
iWE, THE UNDERSIGNED, RESIDENTS OF WOODLAKE, HEREBY MAKE FORMAL
~REQUEST TO REVERSE THE GARBAGE/TRASH PICK-UP PROCEDURE FROM
i~URBSIDE TO SIDE DOOR, AS WE HAD ENJOYED FOR 16 YEARS.OUR
!SENIORS HAVE DIFFICULTY WITH THE NEW SYSTEM AND FOR OUR WORKING
RESIDENTS THE EMPTY CANS LYING OUT ALL DAY IS CONSIDERED A
i~SECURITY RISK.WE APPRECIATE YOUR CONSIDERATION OF OUR REQUEST.
i SIGNATURE m PRINTED NAME ADDRESS
i ~E, THE UNDERSIGNED, RESIDENTS OF W00DLAKE, HEREBY MAKE FORMAL
iREQUEST TO REVERSE THE GARBAGE/TRASH PICK-UP PROCEDURE FROM
':CURBSIDE TO SIDE DOOR, AS WE HAD ENJOYED FOR 16 YEARS.OUR
SENIORS HAVE DIFFICULTY WITH THE NEW SYSTEM AND FOR OUR WORKING
!RESIDENTS THE EMPTY CANS LYING OUT ALL DAY IS CONSIDERED A
!SECURITY RISK.WE APPRECIATE YOUR CONSIDERATION OF OUR REQUEST.
.:. SIGNATURE PRINTED NAME ADDRESS
iWE, THE UNDERSIGNED, RESIDENTS .OF WOODLAKE, HEREBY MAKE FORMAL
iREQUEST TO REVERSE THE GARBAGE/TRASH PICK-UP PROCEDURE FROM
iCURBSIDE TO SIDE DOOR, AS WE HAD ENJOYED FOR 16 YEARS.OUR
~SENIORS HAVE DIFFICULTY WITH THE NEW SYSTEM AND FOR OUR WORKING
iRESIDENTS THE EMPTY CANS LYING OUT ALL DAY IS CONSIDERED A
!SECURITY RISK.WE APPRECIATE YOUR CONSIDERATION OF OUR REQUEST.
.~. SIGNATURE PRINTED NAME ADDRESS
I
~W.E, THE UNDERSIGNED, RESIDENTS OF WOODLAKE, HEREBY MAKE FORMAL
iREQUEST TO REVERSE THE GARBAGE/TRASH PICK-UP PROCEDURE FROM
'.CURBSIDE TO SIDE DOOR, AS WE HAD ENJOYED FOR 16 YEARS.OUR
iSENIORS HAVE DIFFICULTY WITH THE NEW SYSTEM AND FOR OUR WORKING
';RESIDENTS THE EMPTY CANS LYING OUT ALL DAY IS CONSIDERED A
i:,S. ECURITY RISK.WE APPRECIATE YOUR CONSIDERATION OF OUR REQUEST.
!1 PRINTED NAME ADDRESS
.~ SIGNATURE
THE UNDERSIGNED,-RESIDENTS OF WOODLAKE, HEREBY MAKE FORMAL
iREQUEST TO REVERSE THE GARBAGE/TRASH PICK-UP PROCEDURE FROM
iCURBSIDE TO SIDE DOOR, AS WE HAD ENJOYED FOR 16 YEARS.OUR
'~ENIORS HAVE DIFFICULTY WITH THE NEW SYSTEM AND FOR OUR WORKING
i.RESIDENTS THE EMPTY CANS LYING OUT ALL DAY IS CONSIDERED A
iSECUR~RISK.WE APPRECIATE YOUR CONSIDERATION OF OUR REQUEST.
!WE, THE UNDERSIGNED, RESIDENTS .OF WOODLAKE, HEREBY MAKE FORMAL
~EQUEST TO REVERSE THE GARBAGE~TRASH PICK-UP PROCEDURE FROM
'.URBSIDE TO SIDE DOOR, AS WE HAD ENJOYED FOR 16 YEARS.OUR
ENIORS HAVE DIFFICULTY WITH THE NEW SYSTEM AND FOR OUR WORKING
!RESIDENTS THE EMPTY CANS LYING OUT ALL DAY IS CONSIDERED A
i!ECURITY RISK.WE APPRECIATE YOUR CONSIDERATION OF OUR REQUEST.
.;~ SIGNATURE PRINTED NAME ADDRESS
.... ...................
iWE, THE UNDERSIGNED, RESIDENTS OF WOODLAKE, HEREBY MAKE FORMAL
i~EQUEST TO REVERSE THE GARBAGE/TRASH PICK-UP PROCEDURE FROM
!C, URBSIDE TO SIDE DOOR, AS WE HAD .ENaOYED FOR ~6 YEARS.OUR
SENIORS HAVE DIFFICULTY WITH THE NEW SYSTEM AND FOR OUR WORKING
i:RESIDENTS THE EMPTY CANS LYING OUT ALL DAY IS CONSIDERED A
iSECURITY RISK.WE APPRECIATE YOUR CONSIDERATION OF OUR REQUEST.
........ 1~~~~ ........ .~x~._r~_..~x~ ........ ~7~r_rX-.~~'
i ~~. . ~~~_~.~ ................. ~z~**~_s ~ ~ '~~
~WE, THE UNDERSIGNED, RESIDENTS OF WOODLAKE, HEREBY MAKE FORMAL
IREQUEST TO REVERSE THE GARBAGE/TRASH PICK-UP PROCEDURE FROM
i~URBSIDE TO SIDE DOOR, AS~WE~.AD E~aOYED FOR ~6 ~S.OU~
~ESIDENTS THE EMPTY CANS LYING OUT ALL DAY IS CONSIDERED A
SIGNATURE PRINTED NAME ADDRESS
E, THE UNDERSIGNED, RESIDENTS OF WOODLAKE, HEREBY MAKE FORMAL
2REQUEST TO REVERSE THE GARBAGE/TRASH PICK-UP PROCEDURE FROM
!C,I. JRBSIDE TO SIDE DOOR, AS WE HAD ENJOYED FOR 16 YEARS.OUR
!SENIORS HAVE DIFFICULTY WITH THE NEW SYSTEM AND FOR OUR WORKING
;RESIDENTS THE EMPTY CANS LYING OUT ALl', DAY IS CONSIDERED A
SECURITY RISK.WE APPRECIATE YOUR CONSIDERATION OF OUR REQUEST.
... SIGNATURE PRINTED NAME ADDRESS
iWE, THE UNDERSIGNED, RESIDENTS OF WOODLAKE, HEREBY MAKE FORMAL
!REQUEST TO REVERSE THE GARBAGE/TRASH PICK-UP PROCEDURE FROM
iCURBSIDE TO SIDE DOOR, AS WE HAD ENJOYED FOR 16 YEARS.OUR
:SENIORS HAVE DIFFICULTY WITH THE NEW SYSTEM AND FOR OUR WORKING
iRESIDENTS THE EMPTY CANS LYING OUT ALL DAY IS CONSIDERED A
!SECURITY RISK.WE APPRECIATE YOUR CONSIDERATION OF OUR REQUEST.
~! SIGNATURE PRINTED NAME ADDRESS
/
WE, THE UNDERSIGNED, RESIDENTS OF WOODLAKE, HEREBY MAKE FORMAL
~REQUEST TO REVERSE THE GARBAGE/TRASH PICK-UP PROCEDURE FROM
i~URBSIDE TO SIDE DOOR, AS WE H.:.D ENJOYED FOR 16 YEARS.OUR
!SENIORS HAVE DIFFICULTY WITH THE NEW SYSTEM AND FOR OUR WORKING
iRESIDENTS THE EMPTY ~LYING OUT ALL DAY IS CONSIDERED A
!SECURITY RISK.WE APPRECI'ATE YOUR CONSIDERATION OF OHR REQUEST.
:I SIGNATURE .: .... PRINTED ~HE ~DDRESS
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
F~O~:ci~ ~A~
~U~OT: ~EN~ IT~ # ~'- ~U~ ~T~N~ O~ ~B~U~ ~,
~0=ST ~OM PIN~A~ ~OV~ ~IN ST~T CO~C~=IN~
CONVERSION OF THE ONE-WAY PAIR
DATE: JANUARY 31, 1997
Attached is a request from Tom Fleming on behalf of Pineapple
Grove Main Street asking for the City to study the feasibility of
converting the one-way pair system (N.E. and S.E. 1st Streets,
between Swinton Avenue and northbound Federal Highway) back to
two-way streets of travel.
Mr. Fleming asks that the appropriate departments undertake the
studies necessary to evaluate the feasibility of such a
conversion. This will involve a fair amount of staff time and
will likely entail engaging the services of a consulting traffic
engineer.
Before moving forward, staff needs to know if the Commission is
interested in pursuing the matter. Commission direction is
requested.
ref:agmemol2
The Florida ~lain Street Program for Delray Beach
187 Northeast Pineapple Grove Way · Delray Beach · Florida
January 14, 1997
David Hardin, City Manager J/41~ ~ 6
City of Delray Beach
100 NW 1st Ave.
Delray Beach, FL 33444 :~ ':¥ ~" ..... ' m ~l~.~
Dear Mr. Hardin:
Firstly, please accept our grateful appreciation for your favorable response to our proposal pertaining to
street signs in Pineapple Grove during last week's DSMG meeting. We are excited to start off the new year,
our "Year of Visible Change", with such great support from our friends in City Hall.
Secondly, this letter is written in accordance with your direction regarding the so-called "one-way pair"
bypass roads downtown. You are probably aware that participants in the March, 1996, Planning and Design
Charrette for Pineapple Grove looked in depth at the matter of traffic flow relating to our Main Street
program's focus district. Participants unanimously acknowledged the negative affect on trade and commerce
fronting the one-way, multi-lane through streets--particularly one on which, despite the Police Department's
best efforts, drivers have a tendency to move along quite rapidly.
Accordingly, participants elected to include in the proposed Pineapple Grove Redevelopment Plan, the draft
of which is nearing completion, a recommendation that NW and SW 1st Streets, between Swinton Avenue
and 6~ Avenue (a/k/a Northbound Federal Highway), be converted back to two-way streets of travel.
Although the Plan has not yet been formally presented to local government for its review, we are requesting
with this letter that the appropriate City Department(s) undertake the studies necessary to evaluate the
feasibility of such a conversion.
We are aware that the conversion from one-way to two-way travel shall entail certain costs to the City--in
the DSMG meeting, you mentioned such matters as traffic signals, striping, and the like. We know that the
City also recognizes the potential economic benefits that would offset such costs. By greatly improving the
economic environment for the small business and investor, the City and County can reasonably anticipate
increased revenues from property and sales taxes, licensing fees, utility revenues, and so forth.
You also noted, and we certainly agree, that traffic volume must be studied to assure satisfactory capacities
and efficiency of through travel. We are happy to recognize that two prominent east-west arteries,
specifically, Lake Ida Road and SW 10~ Street, have been considerably improved since the time when the
one-way pair was first initiated.
As always, we are most appreciative of the City's support by agreeing to undertake the first steps toward
formal consideration of this proposal. The Board of Directors and Program Manager of Pineapple Grove
Main Street, Inc., stand ready to assist in any way we can. Please feel free to contact us at any time (279-
9952) should you desire further input, clarification, or assistance.
e~ ~aFn~~
c: Janet Onnen
John Weaver
Chris Brown
(+07) 27:;-0 ~ os phone (q,07) 27~-9962
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~'~l
SUBJECT: AGENDA ITEM # ~' - MEETING OF FEBRUARY 4, 1997
BID AWARD/O'CONNOR & TAYLOR, INC.
DATE: JANUARY 31, 1997
This is before the Commission to consider approval of a bid award
in the amount of $1,923,399.00 and 270 calendar days to O'Connor
& Taylor, Inc. as lowest responsive bidder (second low bidder)
for the City Hall Envelope and Thermal Energy Project.
The City received four bids for the construction of the project.
Bidding requirements mandated that the lowest three bidders
submit documentation to support their bids. Several problems
were detected with the documentation submitted by the low bidder,
Rovel Construction, Inc., and it was determined that they would
be unable to complete the required scope of work within the 180
days called for in their bid.
It was the recommendation of staff and the architect that the bid
submitted by Rovel Construction, Inc. be deemed unresponsive and
that the construction contract be awarded to the second low
bidder, O'Connor & Taylor, Inc. in the amount of $1,823,399 with
a construction contingency of $100,000 added to cover unforeseen
conditions.
Recommend approval of the bid award to O'Connor & Taylor, Inc. in
the amount of $1,923,399.00; with funding in the amount of
$1,551,996.00 from Public Works Building Maintenance (Account No.
334-3431-519-62.10) through budget transfer from 31.30, and
$371,433 through line of credit agreement authorized by
Resolution on 11-5-96.
Agenda Item No. /r
AGENDA REQUEST
Date: January. 29. 1997
Request to be placed on:
Regular Agenda
Special Agenda
~ Workshop Agenda When: February 4, 1997
Description of item (who, what, where, how much): Staff request City Commission concur with a
determination that the Iow bid submitted by Rovel Construction, Inc., be deemed unresponsive
and therefore approve a construction Contract with the second Iow bidder, O'Connor & Taylor.
Inc.. in the amount of $1.923.399.00. with 270 calendar days for the construction of the City Hall
Envelope and Thermal Energy Project· Funding is available from Account NO. 334-3431-519-
62.10.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends City Commission approve a construction Contract with the
second Iow bidder, O'Connor & Taylor, Inc., in the amount of $1,923,399.00. with 270 calendar
days for the construction of the,Cllv Hall Ecr~oDe and 'FR~rmal Energy Project
Department head signature: ~,_~i. ~ I- )~ -~''
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Reviewed on all items involving expenditure of funds):
Funding available.'~-~=EE~NO
Funding alternatives (if applicable):
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda: ~S~O
Hold Until:
Agenda Coordinator Review:
Re~ived:
Placed on Agenda:
Action:
Approved/Disapproved
s:~...~9560~agreq204 ~-
CITY OF DELRAY BEACH
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager
From: Jos~ Aguila, R.,~~
n ger
Construction Ma
Date: January 29, 1997
Subject: AGENDA REQUEST 02104/97
City Hall Envelope Project
Project No. 95-060
Attached is an Agenda Request for City Commission approval of award of
Contract to O'Connor & Taylor, Inc. for the construction of the City Hall Envelope
and Thermal Energy Project.
On Tuesday January 14, 1997, the City received four bids for the construction of
the referenced project. The bids were as follows.
Rovel Construction, Inc. $1,647,010.00 180
O'Connor & Taylor, Inc. $1,823,399.00 270
Weiss & Woolrich $1,847,990.00 330
Select Contracting, Inc. $1,991,990.00 300
As a basis for comparison, the estimate prepared by Mouw Associates for the
architect indicated a construction cost of $1,853,924.00 with a construction
period of 240 calendar days.
Additional bidding requirements mandated that the lowest three bidders provide
documentation to support their bids, including a CPM (Critical Path Method)
schedule, a detailed schedule of values, and references on similar projects for
staff and the architect to review prior to a recommendation for award,
A thorough review was made of the submitted information resulting in, among
other things, a determination that the apparent Iow bidder, Rovel Construction,
Inc., would be unable to complete the required scope of work within the 180 days
as indicated in their bid. There were several problems with their sequencing and
time lines that were in conflict with one-another and just could not work. A
meeting was held between the Iow bidder, the architect and the City to review
our concerns, and the contractor acknowledged that he had made an error and it
would not be possible for him to complete the work in the 180 days stated in his
bid.
Based on our evaluation of the bid documents and other discussions, it is the
recommendation of staff and the architect, that the bid submitted by Rovel
Construction, Inc., be deemed unresponsive and the construction Contract be
awarded to the second Iow bidder, O'Connor & Taylor, Inc., in the amount of
$1,823,399.00. A construction contingency of $100,000.00 should be added to
the Contract amount to cover unforeseen conditions which are likely to occur
with this project. These potential added cost would be reviewed and approved
by the City through the normal policies and procedures. Any funds not used at
the end of the job will be credited to the City via a deductive Change Order.
Therefore, staff recommends the City Commission approve an award of
construction Contract in the amount of $1,923,399.00 to O'Connor and Taylor,
Inc., with a construction period of 270 calendar days to Substantial Completion.
Funding is available from Account No. 334-3431-519-62.10.
cc: Dan Beatty
Joseph Safford
Jackie Rooney
File 95-60 (A)
s:\...\9560\agmem204
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
F OM: CITY AGER
SUBgECT: AGENDA ITEM # 7~'- REGUnAR MEETING OF FEBRUARY 4, 1997
FEDERAL PARTICIPATION IN BEACH RENOURISHMENT PROGRAMS
DATE: JANUARY 31, 1997
Attached is a request from Kathy Daley asking for Commission
support of the efforts to save federal participation in beach
renourishment and shore protection projects in Palm Beach, Broward
and Dade Counties. Staff has prepared a draft letter which is
attached for your review.
I recommend the Commission authorize the sending of this letter to
the members of Florida's Congressional delegation as requested by
Ms. Daley.
ref:agmemoll
.,
Kathleen E. Daley
& Associates, Inc.
GOVERNMENTAl. AFFAIRS
January 22, 1997
Mr. David Harden
City Manager
City of Delray Beach
100 NW 1st Avenue
Delray Beach, F1 33444
Dear Mr. Harden,
Please review the following correspondence. As
you can see the Federal Government recommended
discontinuing their participation in beach
renourishment for Palm Beach, Broward, & Dade
Counties.
I will be asking the Florida Congressional
Delegation to assist Representative Clay Shaw in his
efforts to save this program.
I have confidence in our delegation, however, a
statement from Mayor Alperin & the Commission would
be helpful.
Thank you.
Sincerely,
Ka~~ley
cc: John Walker, City of Delray Beach
Debbie Flack, Florida Shore and Beach Preservation
One Capitol Place · 108 East Jefferson Street, Suite C · Tallahassee, FL 32301
(904) 222-0000 · Fax: (904) 222-0095
Janua~ 31,1997
The Honorable Bob Graham
United States Senate
524 Hart Senate Office Building
Washington, D.C. 20510
Dear Senator Graham,
I am writing to ask that you support Representative E. Clay Shaw, Jr. in his efforts to maintain
Federal participation in shore protection projects. Through passage of the 1996 Water
Resources Development Act, Congress has adopted a clear and powerful position to re-
establish the Federal government's role in authorizing and funding beach nourishment projects.
However, the Federal Emergency Management Agency and the Army Corps of Engineers have
recently indicated their intention to recommend discontinuation of Federal involvement in shore
protection projects.
The Corps recently completed a report entitled "Coast of Florida Erosion and Storm Effects,
Region II1". The Notice of Completion for this study stated that, consistent with administration
policy, no specific hurricane and shore damage reduction projects are recommended. In his
report to Congress, Chief of Engineers Joe N. Ballard addressed only one project, Lake Worth
Inlet. The decision whether to recommend other segments identified in the Region III study was
deferred to future reports.
The City of Delray Beach shares Representative Shaw's concerns over the Corps' apparent
direction to discontinue Federal involvement in shore protection projects in Dade, Broward and
Palm Beach Counties. As we have stated in our previous comments to the Corps regarding the
Region III study, there are several authorized beach nourishment projects within Region III, and
several projects with Local Cooperation Agreements (LCA) with the Federal government.
Delray Beach has an effective LCA providing for Federal participation through the year 2023.
Confirmation of the Federal government's continuing participation in this and other worthy
projects is vital to the protection and enhancement of Florida's beaches.
We appreciate your consideration of this request, and hope that you will lend Congressman
Shaw your support.
Sincerely,
Jay Alperin, D.D.S
Mayor
JRN-I?-lg~7 14:51 PREll BELCH 03UNTY 407 ~5 ~11
.- E, C~Y SHAW "~>
~a~i~Eton, ~{ 205t5-~22
~..~ 14, 1997 tit
Co~ A~rator
P.O. Box 1989
Wem P~m B~ ~ofi~ 33402
~ ~. Weism~:
Sin~ b~ erosion ~ ~ch ~ impa~ ~ o~ qu~W o~life ~d the bu~ess c~te
~s re~o~ I t~u~t you ~t be ~t~es~ ~ ~ up~te on my r~t cffoms rc~ding
b~ r~~t poU~.
I ~ dgU~tcd to ~po~ to you that the S~rg Protc~ion A~ bec~e law ~ p~ of the
Wat~ R~ourc~ ~op~t ~t ~A) wh~ ~e Pr~id~t ~ th~ b~ on O~b~ 12,
1 ~6. L~age in ~A c~ed the f~er~ s~ of responsibUi~ for bea~ mnoufis~t.
Our mccall bip~~ c~R in ~ i~ Co~rc~ ~ould have ~ ~e d~c ov~
the f~ govc~t ~ould pl~y a pdm~ role in shore protc~ion proj~s.
U~o~t~y, t~ d~ge is gp~dy ~~g. Both the U,S. ~y Co~s
R~n~rs (ACOE) and ~hc F~ E~g~cy M~ag~cnt Ag~ ~) ~ve rc~mly givca
Fr~ P~iong ~d I ~ve ~tt~ a grong lett~ of protest to the PrePrint, In ~i~on,
~ wor~ ~d to r~ovc ~a~ ~U~ s~~ on ~ mbj~ ~om ~ ACOE d~
Co~t of~ofida Emcon ~ Sto~ ~
~1o~ is a ~py ~ ~ let~ to ~ ~id~t ~ng ~m to d~ the ACOE
~ ~o ~t ~g ~n~o~ im~t of~e Shorn Prot~on A~ ~d to continue sho~
prot~on. I ~ve ~m ~d~ a co~ o~ l~ to the Co~~g Gea~
~y Co~s
On~ ~ 1~ mc ~ yon o~ ~ ~~t to ~fing ~e ~ rol~ in thc
~oufis~t p~e~p. I look fo~d to wor~g wi~ you in tho co~8 y~,
~e y~ to cont~ my office ~th y~ ~ents or qu~tio~ ~ ~s ~o~e ~nt~es.
S~, lt.
M~ of
Jl~-lT-lgg? 14:5~ PALM BEACH COUNTY 48'7 555 2711 P.~)4/04
Honorable E. Cla~ Sh~w,
HOuse of
wasb/~9~, D.C.
1996, p~viainq ~~f on ~ Coas~ of FlO~t~ ~8ion ~d
~=~fer pl~t conjugally ~u~o~lz~ by ~ Wa~er
Resource~ ~lu~n~ ~t oE 199~. Yo~ le~e=
co~s wt~ ~e ~g in ~a~ph one
Sho~ pro~e~ton proJ~ts ~n~a~ed in ~e sel~ed
firs~ paragr~h ~o ~fer a d~si~ ~ ~s
S~erel~,
~iosur~
TOTI~- P.
JAN-l?-1997 14:52 PALM BEACH COUNTY 40? 555 ~11 P.02/04
CLAY S~
2~ O~S~CT. ~omo~ -:', , .. WAYS AND M~NS
~bin~on, ~( ~515~
~~ 16, 1~~
The Honorable Bill Clinton
Tile White I-Iml~
Washington, D.C. 20500
Dear lVfr. President:
In a reomi drait Chiefs Report from the Chief of the Army Corps o£Engineers, it was
recommended tl~at shore protection projects in Palm Beach CountT, Broward County ~ Dado
County, Floriga should riot be considered for federal panidpadoit
Congress dearly d~nonstrated its intention to continue a substlmtial federal role in shore
r~nourishm~t earlier this year when it incorporated the bipartisan Shore Protection Act into the
1996 Water Resources Development Act (WRDA). The new provision "authorizes federal
participation in the cost of protc~ting the shores ired beaches of publicly owned property "...and
repairing "damage to shores and beaclms". Further, thc law now clearly states that federal policy
should be to "promote shore protection projects and related research that encourage the
protection, restoration, and cnhanc, cment of sandy beaches, including beach restoration and
periodic beach noutishnmnt, on a comprehensive and coordinated basis by thc Federal
govm'mnent, Smen, localities, slid ptiv~e enterprises.'
The WRDA clearly states that such projects a~e important to preserving the economic
vitality of the nation's coastal areas. It is the intent ortho WRDA that the Corps will continue to
pursue feasible proj~ on an equal footing with other water resour~ proj~-ts. You signed the
bill into law on October 12, 1996.
We would appreciate your comments a~ to why the Army Corps of l~ngineers is still
operating under the policy that federal participation is unnecessary in the cost of protecting public
shor~ when tho Shore Protootion Am, which was passed by Congress and signed into law, states
that the federal government would maintain a role in such projects.
I have also recently become aware th~t_ tho Federal Emergency MaAagemmxt Agency
(T'F. bIA) is preparing to propose regulations that would *remove permanent beach relatext
restoration work that ocs:uts with coastal high h~_-~rd areas* from eligibih'ty to receive disaster
Wi look forwprp t~ leadership and response.
Sinc=el~,
~. Ct~y S,l~wS, pr. J Frm~ p~o~
Membo' ot'Ctngress Member of Congress
~ ~1~ W~D~ tl~ Soa.~n~ ~tb~ Ao~ hu Ixcn gt~cn a aix-month pet'iod of~iz~ m
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~7~1
SUBJECT: AGENDA ITEM # ~H - MEETING OF FEBRUARY 4, 1997
DATE: JANUARY 31, 1997
This is before the Commission to consider proposed Amendment #4
to the Urban Development Action Grant (UDAG) agreement dated June
29, 1989 between the City and Auburn Trace, Ltd.
In summary, the changes are as follows:
1. City approval of refinancing the $3,600,000 first mortgage
from a 15 year note with a 25 year amortization to a 25 year note
with a 25 year amortization maturing June 30, 2022.
2. City approval of the substitution of Auburn Management, Inc.
and Matrix Financial, Ltd. for Roger C. Boos Corporation of
Florida and Felner Development Corporation as general partners in
Auburn Trace Joint Venture, the general partner entity; with
Florida Affordable Housing, Inc. continuing as the Supervisory
Management Agent.
3. Extending the term of the City's $720,000 note and the
$768,000 note from June 30,2017 to June 30, 2021. The City has
asked that the amortization be accelerated from a 50 to a 25 year
amortization so that principal would be paid back over the entire
25 year period instead of a balloon of $559,936 at the end as
required under the current agreements.
4. Extending the term of the $3,840,000 UDAG note from December
31, 2015 to June 30, 2022, but continuing with the 50 year amor-
tization under the terms of the present agreement.
5. Clarifying the repayment clause of the UDAG note.
Recommend approval of the amendments to the agreements as
proposed by Auburn Trace Joint Venture, Inc. and the City. They
have been approved by Finance, Community Improvement and the City
Attorney. Upon Commission approval, we will forward these
documents to HUD for final approval as required under the UDAG
agreement.
Agenda Item No.: ~'
AGENDA REQUEST
Date: 1/17/97
Request to be placed on:
x Regular Agenda Special Agenda Workshop Agenda
When: ~/21/9~ ~¥/97 ~ '
Description of agen .item (who, what, where, how muc.h~:
Approve amendments to the City's agreements with respect to Auburn
Trace. Approve amendments to be sent to Muu for final
approval as required by the UDAU a§reemen[.
ORDIN/~NCE/ P. ESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend the above.
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:
Approved for agenda: NO .'L.-~
Hold Until: ~~' ~~~ '
Agenda Coordinator Review:
Received:
-' Action: Approved/Disapproved
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Joseph M. Sa~~rector
of
Finance
SUBJECT: Auburn Trace - Contract Amendments
DATE: January 29, 1997
Attached are proposed amendments to the City's agreements with respect to Aubum Trace along
with cover letters from Florida Affordable Housing dated January 15, 1997 and January 28, 1997
describing in detail the changes that have been proposed.
In summary, the changes are as follows:
1. City approval of refinancing the $3,600,000 first mortgage from a 15 year note with
a 25 year amortization to a 25 year note with a 25 year amortization maturing June 30, 2022.
The new first mortgagor is requiring that the term length of the UDAG loan coincide with this
new mortgage.
2. City approval of the substitution of general partners in Auburn Trace Joint Venture,
the general partner entity, from Roger C. Boos Corporation of Florida and Felner Development
Corporation to Aubum Management, Inc. and Matrix Financial, Ltd. with Florida Affordable
Housing, Inc. continuing as the Supervisory Management Agent.
3. Extending the term of the City's $720,000 Note and the $768,000 Note from June
30, 2017 to June 30, 2021. The City has asked that the amortization be accelerated from a 50
year amortization to a 25 year amortization so that principal would be paid back over the entire
25 year period instead of a balloon of $559,936 at the end as required under the current
agreements. Mr. Hinner states in his letter of January 15, 1997 that the 1st mortgagor requires
that all subordinate loans terminate on the same date; however, he has advised us that the 1 st
mortgagor will approve a 1st mortgage with these two Notes maturing a year earlier than the
UDAG Note.
4. Extending the term of the $3,840,000 UDAG Note from December 31, 2015 to June
30, 2022, but continuing with the 50 year amortization under the terms of the present agreement.
This note will be co-terminus with the 1 st mortgage.
5. Clarifying the repayment clause of the UDAG Note. The revised language in this
clause essentially states that during years 1 through 5, principal payments shall be deferred and
interest shall be accrued and deferred at the rate of 3%. Interest will be compounded annually for
each year of the remainder of the term. Both the principal and the accrued interest shall be
payable in a single payment at the end of the 31 1/2 year loan term, or sooner in the event the
obligation to the City is accelerated.
We asked that language be added to this paragraph because of conflicting information sent by
Tom Hinners during the negotiation process. The correspondence indicated that interest would
accrue at 3% per year through the 5th year with this amount paid at the end of the term. This
would amount to approximately $750,000 less than what we feel is owed the City based on the
proposed agreement. The changes, which were agreed to by Auburn Trace, should avoid
confusion as to the final repayment amount. It is felt by Tom Hinners that this change is an
advantage to the City and that HUD should be made aware of it. We do not feel that this is the
case but only a further clarification of the present language.
The amendments to the agreements as proposed by Auburn Trace Joint Venture, Inc. and the
City have been reviewed and approved by the Finance, Community Improvement Department,
and the City Attorney and request City Commission approval of the same. Upon Commission
approval, we will forward these documents to HUD for final approval as required under the
UDAG agreement.
Florida
Affordable
Housing. Inc.
January 15, 1997
Mr. Joseph Safford Ms. Susan Ruby
Finance Director City Attorney
City of Delray Beach - City Hall 200 N.W. 1st Avenue
100 N.W. 1st Avenue Delray Beach, FL 33414
Delray Beach, FL 33414 FAX 278-4755
Ms. Lula Butler Becky O'Connor
Director of Community Improvements Treasurer
City of Delray Beach - City Hall City of Delray Beach - City Hall
100 N.W. 1 st Avenue 100 N.W. 1 st Avenue
Delray Beach, FL 33414 Delray Beach, FL 33414
FAX 243-7166
Dear Joe, Lula, Becky and Susan:
Enclosed with respect to the proposed restructuring of Auburn Trace are
drafts of Amendments to the City loan documents and UDAG Agreement
patterned after the revisions drafted by David Tolces back in 1992, as well as
a cash flow summary for Auburn Trace for the year 1996. We believe we
have previously provided the documentation and background information you
require along with our correspondence of August 21, 1996, October 28, 1996
and November 11, 1996 and a letter to Ms. O'Connor on even date herewith.
Please advise us if any additional information is needed to enable the City
and HUD to make a determination with respect to our requests.
Our understanding of what we and City staff have tentatively agreed to is as
follows:
1. Approval of refinancing of our $3,600,000 first mortgage permanent
loan with a 25 year term and amortization, requiring that all
subordinate loans be co-terminus;
2. Approval of Auburn Management, Inc. and Matrix Financial, Ltd. as
substitute general partners for Roger C. Boos Corporation of Florida
and Felner Development Corporation in Auburn Trace Joint Ventu.re,
the general partner entity, with Florida Affordable Housing, Inc.
continuing as Supervisory Management Agent;
~ .... ~ ~35..0777. FA7 ~4(~7) 72, I-14f
3. Extending the term of the 2 smaller City notes from June 30, 2017 to
June 30, 2021, but accelerating the amortization of those 2 notes so
that they are fully paid over the next 25 years, instead of the $559,936
in balloon payments called for at the expiration of the term under the
present notes; and
4. Extending the term of the UDAG note from the presently scheduled
December 31, 2015 to June 30, 2022, but continuing with the same
rate of amortization as under the present note.
The advantages to the City as we see it under this financial restructuring are
as follows:
1. At today's interest rates the debt service under the new first mortgage
loan would be approximately $50,000 less than we presently have to
pay and we are committing to pay $17,110 of that reduced debt
service to the City each year towards additional amortization of the
0% loans to Auburn Trace from the City;
2. The debt service savings for Auburn Trace, Ltd. will better enable it to
make its required debt service payments to the City each year, which
is extremely important in light of the current break-even status of
Auburn Trace and the speculative nature of the income, particularly
from the day care center;
3. It is fairly obvious that based upon reasonable projections Auburn
Trace would not be in a position to refinance all debt 11 1/2 years
from now when the present first mortgage as well as the second
mortgage to the Florida Housing Finance Agency both balloon.
However, when the new first mortgage and the extended terms from
the Florida Housing Finance Agency and the City of Delray Beach
expire 25 years from now we will have paid off the first mortgage loan
and two of the City loans, and we would be in excellent position, then,
to obtain a new first mortgage loan to enable us to pay off both the
Florida Housing Finance Agency and the City's UDAG loan.
The Florida Housing Finance Agency extended the terms of their SAIL loans
for both the Groves of Delray and The Hamlet, Ltd., which transactions
closed in October, 1996, so as to make those loans co-terminus with those
25 year first mortgage notes. They have given us verbal assurances that
they will likewise extend the term of the Auburn Trace SAIL loan from the
normal 15 years, to coincide with our new first mortgage loan, amounting to
an extension by them of approximately 14 years.
You will note that instead of a $1,558 cash flow deficit that we had projected
last summer, we ended up with a cash flow in the amount of $4,186 for the
entire year of 1996. The City will obviously be in a much better position as a
result of the proposed refinancing and restructuring. We need a cushion to
cover potential reversals such as loss of the child care center income.
Thank you very much for your consideration.
Kindest regards,
Felner Development Corp.
BY:
Roger C. Boos Corporation of Florida
~""~ ~og~(~. Boos '-
Auburn Management, Inc.
Brian Hinners
Florida Affordable Housing, Inc.
Thomas G. Hinners
Florida
Affordable
HousinR. Inc.
January 28,1997
Ms. Lula Butler Ms. Susan Ruby
Directory of Community Improvements City Attorney
City of Delray Beach - City Hall 200 N.W. 1st Avenue
100 N.W. 1st Avenue Delray Beach, FL 33414
Delray Beach, FL 33414 FAX 278-4755
Mr. Joseph Safford Becky O'Connor
Finance Director Treasurer
City of Delray Beach - City Hall City of Delray Beach - City Hall
100 N.W. 1st Avenue 100 N .W. 1 st Avenue
Delray Beach, FL 33414 Delray Beach, FL 33414
Dear Joe, Lula, Becky and Susan:
Enclosed are revised loan documents per the direction of Becky. I would
point out that whereas the existing documents provide for compounding of
the 3% interest on the UDAG loan during the first 5 years only, the
revision provides that the compounding continues for each year of the
remainder of the term. Becky advised me that this would increase this
accrued interest from approximately $600,000 to an amount in excess of
a million dollars at maturity, per her calculations. This should be pointed
out to HUD and City Commissioners as an additional advantage to the
City from this restructuring.
Kindest personal regards,
Thomas G. Hinners
TGH/bjb
( ~, .ri' '.' ':"' Ba',,' Q.~r ~.e. Bo'¥'nt,-~, B,~ach. FL 33435. (4()7~ 735-0777. FAX 1407) 731-145~'
AMENDMENT NO. 4 TO THE UDAG AGREEMENT
DATED JUNE 29, 1989 BETWEEN THE CITY OF
DELRAY BEACH AND AUBURN TRACE, LTD.
THIS AMENDMENT NO. 4; made and entered into this __ day of ,1997 by
and between the CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation,
(hereinafter referred to as "City"), and AUBURN TRACE, LTD., a Florida limited partnership
(hereinafter referred to as "Auburn Trace")
WlTNESSETH:
WHEREAS, the City was the recipient of an Urban Development Action Grant
("UDAG") #B-88-AA012-0099(P) from the United States Department of Housing and Urban
"HUD")
Development ( ., pursuant to a UDAG Grant Agreement dated February 4, 1988, together
with all amendments and modification thereto CUDAG Agreement"), which UDAG Agreement is
incorporated herein by reference, in the amount of Three Million Eight Hundred Forty Thousand
Dollars ($3,840,000), and the City agreed to lend such UDAG funds (the "UDAG Loan") to
Auburn Trace; and
WHEREAS, Auburn Trace used the funds loaned pursuant to the UDAG Loan in order to
construct a rental housing project on a 36-acre tract within the City's UDAG-designated "Pocket
of Poverty" and
WHEREAS, the parties hereto desire to revise certain provisions of the UDAG
Agreement as set forth herein.
NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, and the mutual obligations of the parties as hereinabove set forth, the parties
hereto hereby agree to amend the UDAG Agreement as follows:
1. Paragraph IV (b) (2) (A) of the UDAG Agreement is hereby revised to read as
follows:
(A) Term. The term of the permanent loan shall be 31 1/2 years from
the date of completion of construction which was December 31, 1990, provided
however that the 1 st mortgage shall be co-terminus with the UDAG Loan.
2. Paragraph IV(b)(2)(D) of the UDAG Agreement is hereby revised to read as
follows:
(D) Repayment. During the years one through five, principal payments
shall be deferred and interest shall be accrued and deferred at the rate ,of 3%,
compounded annually for each year of the remainder of the term; such accrued and
deferred principal and interest shall be due and payable in a single payment at the
end of the 31 1/2 year loan term, or sooner in the event the obligation to the City is
accelerated. Beginning in year 6, repayment of principal and interest shall be made
in equal annual installments in accordance with a 50-year amortization schedule. A
auburn traceJamencLN o4.doc 1
balloon payment sufficient to pay the entire outstanding indebtedness of principal,
interest and accrued interest shall be made at the end of thirty-one and one half
years, June 30, 2022.
3. That the attached Agreement to Revise the Payment Schedule for the $3,840,000
UDAG Loan is attached hereto as Exhibit "A', and its terms are incorporated
herein by reference.
4. With respect to Paragraph IV (b) (2) (F) the City hereby approves the transfer of
more than 50% of the ownership and control of Auburn Trace Joint Venture, the
general partner of the developer from Felner Development Corp. and Roger C.
Boos Corporation of Florida to Auburn Management, Inc., and Matrix Financial,
Ltd., and further approves the second refinancing of the first mortgage loan at the
original principal amount of $3,600,000, without any acceleration of payment on
the UDAG loan or the other City loans, conditioned upon Auburn Trace adherence
to the revised payment schedules for the other City loans as set forth in Exhibits
"B" and "C".
5. Paragraph IV (b) (2) (I) (vi) is added to the UDAG Agreement to read as follows:
ff Auburn Trace obtains the aforementioned $3,600,000 fa'st mortgage loan to
refinance the existing first mortgage loan the City agrees to subordinate its interest
as represented in the Mortgage and Security Agreement, dated June 29, 1989,
which is recorded in Official Record Book 6116, Page 521, of the Public Records
of Palm Beach County, Florida, to the interest of the State of Florida.
6. This Amendment to the UDAG Agreement shall not be executed nor be
enforceable until formal written approval of this Amendment is obtained from the
HUD Office of Economic Development..
7. That all other terms and conditions of the Agreement dated June 29, 1989 and
subsequent Amendments thereto between the parties, except as may be in conflict
with this Amendment, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have entered into this Amendment as of this
day and year first above written.
AUBURN TRACE, LTD.
WITNESSES: BY: Auburn Trace Joint Venture
BY:
BY:
(Type or print name)
(Type or print name)
=~m t~a.m~tSo4.~ 2
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of ,
1997 by , partner (or agent) on behalf of Auburn Trace. Ltd.. a
parmership. He/She is personally known to me/or has produced (type of
identification) and did (did not) take an oath.
Signature of Notary Public -
State of Florida
CITY OF DELRAY BEACH, FLORIDA
BY:
Jay Alpefin, Mayor
ATTEST:
City Clerk
Approved as to Form and
Legal Sufficiency:
City Attorney
AGREEMENT TO REVISE TERM AND PAYMENT SCHEDULE
OF $3,840,000 NOTE DATED JUNE 29, 1989
THIS AGREEMENT, dated this __day of 1997, is in reference to
a $3,840,000.00 loan, which is evidenced by an instrument dated June 29, 1989,
made by AUBURN TRACE, LTD., a Florida limited partnership (hereinafter referred
to as "Auburn Trace"), and payable to the order of THE CITY OF DELRAY BEACH,
FLORIDA, a Florida municipal corporation.
This instrument is secured by a Mortgage and Security Agreement, dated June
29, 1989, on the following property:
That part of the Subdivision of Section 20, Township 46 South, Range 43
East, Palm Beach County, Florida, according to the plat recorded in Plat Book 1,
Page 4 of the Public Records of Palm Beach County, Florida, described as
follows:
The West half of Lot 25, less the North 25 feet thereof; the East half of Lot
25, less the North 25 feet thereof, less the East 25 feet thereof, less the South
10 feet thereof, and less the North 310.20 feet of the South 320.20 feet (as
measured parallel with the East line of said Lot 25); of the West 295.20 feet of
the East 320.20 feet (as measured parallel with the South line of said Lot 25);
the South 10 feet of the West 25 feet of the East half of Lot 25; the West 25 feet
of the East half of Lot 26; the West half of Lot 26; and the East half of Lot 18.
The Mortgage and Security Agreement is recorded in the office of the Clerk of
the Court, of the County of Palm Beach, State of Florida, in Official Record Book 6116,
Page 521, of the Public Records of Palm Beach County, Florida.
For and in consideration of the sum of Ten Dollars. ($10.00) and for other good
and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, and the mutual covenants, promises and representations herein, the
Term is hereby increased to 31 1/2 years and the payment schedule of the instrument
described above shall be changed in the following manner:
During years one through five, principal payments shall be deferred and interest
shall be accrued and deferred at the rate of 3%, compounded annually for each
year of the remainder of the term; such accrued and deferred interest and
principal shall be due and payable in a single payment at the end of the 31 1/2
year loan term, or sooner in the event the obligation to the City is accelerated.
Beginning in year 6, repayment of principal and interest shall be made in equal
annual installments in accordance with a 50-year amortization schedule. A
balloon payment sufficient to pay the entire outstanding indebtedness of
principal, interest and accrued interest shall be made at the end of thirty-one
and one-half years, June 30, 2022.
auburn trace/agrrevi.doc
If default be made in the payment of any of the sums mentioned herein, the
Payee shall impose a penalty of 5% on the unpaid payment In addition, said
payment and penalty shall bear interest from such time until paid. at the highest
rate allowable under the laws of the State of Florida.
This agreement is only a revision and not a novation. Except as provided in this
agreement, all the terms and conditions of the instrument and the Mortgage and
Security Agreement described above shall remain in full effect.
IN WITNESS WHEREOF, AUBURN TRACE, LTD. has signed this agreement
on the day and year first written above.
AUBURN TRACE, LTD.
BY: Auburn Trace Joint Venture
WITNESSES: BY:
BY:
(Type or print name)
(Type or print name)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this --day of
,1997 by , partner (or agent) on behalf
of Auburn Trace. Ltd. a partnership. He/She is personally known to me/or has
produced (type of identification) and did (did not) take an
oath.
Signature of Notary Public-
State of Florida
Print, Type or Stamp Name of
Notary Public
auburn trace/agrrevi.doc
This agreement is accepted by THE CITY OF DELRAY BEACH, FLORIDA ON
,1997
CITY OF DELRAY BEACH, FLORIDA
ATTEST: BY:
Jay Alperin, Mayor
City Clerk
Approved as to Form and
Legal Sufficiency:
City Attorney
auburn trace/agrrevi.doc
AGREEMENT TO REVISE PAYMENT SCHEDULE
OF $720,000 NOTE DATED JUNE 29, 1989
THIS AGREEMENT, dated this today of 1997, is in reference to
a $720,000.00 loan, which is evidenced by an instrument dated June 29, 1989, made
by AUBURN TRACE, LTD., a Florida limited partnership (hereinafter referred to as
"Auburn Trace"), and payable to the order of THE CITY OF DELRAY BEACH,
FLORIDA, a Florida municipal corporation.
This instrument is secured by a Mortgage and Security Agreement, dated June
29, 1989, on the following property:
That part of the Subdivision of Section 20, Township 46 South, Range 43
East, Palm Beach County, Florida, according to the plat recorded in Plat Book 1,
Page 4 of the Public Records of Palm Beach County, Florida, described as
follows:
The West half of Lot 25, less the North 25 feet thereof; the East half of Lot
25, less the North 25 feet thereof, less the East 25 feet thereof, less the South
10 feet thereof, and less the North 310.20 feet of the South 320.20 feet (as
measured parallel with the East line of said Lot 25); of the West 295.20 feet of
the East 320.20 feet (as measured parallel with the South line of said Lot 25);
the South 10 feet of the West 25 feet of the East half of Lot 25; the West 25 feet
of the East half of Lot 26; the West half of Lot 26; and the East half of Lot 18.
The Mortgage and Security Agreement is recorded in the office of the Clerk of
the Court, of the County of Palm Beach, State of Florida, in Official Record Book 6116,
Page 521, of the Public Records of Palm Beach County, Florida.
For and in consideration of the sum of Ten Dollars. ($10.00) and for other good
and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, and the mutual covenants, promises and representations herein, the
Term is hereby increased to 30 1/2 years and the payment schedule of the instrument
described above shall be changed in the following manner:
a. The term is extended until June 30, 2021.
b. Maker shall pay annual installments in the amount of $21,264 payable on
or before June 30th of each year commencing June 30, 1997 so as to
fully amortize the loan upon payment of the final installment due on June
30, 2021.
auburn trace/agrrevil.doc
If default be made in the payment of any of the sums mentioned herein,
the Payee shall impose a penalty of 5% on the unpaid payment In addition,
said payment and penalty shall bear interest from such time until paid. at the
highest rate allowable under the laws of the State of Florida.
This agreement is only a revision and not a novation. Except as provided in this
agreement, all the terms and conditions of the instrument and the Mortgage and
Security Agreement described above shall remain in full effect.
IN WITNESS WHEREOF, AUBURN TRACE, LTD. has signed this agreement
on the day and year first written above.
AUBURN TRACE, LTD.
BY: Auburn Trace Joint Venture
WITNESSES: BY:
BY:
(Type or print name)
(Type or print name)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this __day of
,1997 by , partner (or agent) on behalf
of Auburn Trace. Ltd. a partnership. He/She is personally known to me/or has
produced (type of identification) and did (did not) take an
oath.
Signature of Notary Public-
State of Florida
Print, Type or Stamp Name of
Notary Public
auburn trace/agrrevil.doc
This agreement is accepted by THE CITY OF DELRAY BEACH, FLORIDA ON
,1997
CITY OF DELRAY BEACH, FLORIDA
ATTEST: BY:
Jay Alperin, Mayor
City Clerk
Approved as to Form and
Legal Sufficiency:
City Attorney
auburn l~ace/agrrevil.doc
AGREEMENT TO REVISE PAYMENT SCHEDULE
OF $768,000 NOTE DATED JUNE 29, 1989
THIS AGREEMENT, dated this __day of 1997, is in reference to
a $720,000.00 loan, which is evidenced by an instrument dated June 29, 1989, made
by AUBURN TRACE, LTD., a Florida limited partnership (hereinafter referred to as
"Auburn Trace"), and payable to the order of THE CITY OF DELRAY BEACH,
FLORIDA, a Florida municipal corporation.
This instrument is secured by a Mortgage and Security Agreement, dated June
29, 1989, on the following property:
That part of the Subdivision of Section 20, Township 46 South, Range 43
East, Palm Beach County, Florida, according to the plat recorded in Plat Book 1,
Page 4 of the Public Records of Palm Beach County, Florida, described as
follows:
The West half of Lot 25, less the North 25 feet thereof; the East half of Lot
25, less the North 25 feet thereof, less the East 25 feet thereof, less the South
10 feet thereof, and less the North 310.20 feet of the South 320.20 feet (as
measured parallel with the East line of said Lot 25); of the West 295.20 feet of
the East 320.20 feet (as measured parallel with the South line of said Lot 25);
the South 10 feet of the West 25 feet of the East half of Lot 25; the West 25 feet
of the East half of Lot 26; the West half of Lot 26; and the East half of Lot 18.
The Mortgage and Security Agreement is recorded in the office of the Clerk of
the Court, of the County of Palm Beach, State of Florida, in Official Record Book 6116,
Page 521, of the Public Records of Palm Beach County, Florida.
For and in consideration of the sum of Ten Dollars. ($10.00) and for other good
and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, and the mutual covenants, promises and representations herein, the
Term is hereby increased to 30 1/2 years and the payment schedule of the instrument
described above shall be changed in the following manner:
a. The term is extended until June 30, 2021.
b. Maker shall pay annual installments in the amount of $22,282.24 payable
on or before June 30th of each year commencing June 30, 1997 so as to
fully amortize the loan upon payment of the final installment due on June
30, 2021.
auburn n'ace/agrrevi2.doc
If default be made in the payment of any of the sums mentioned herein,
the Payee shall impose a penalty of 5% on the unpaid payment In addition,
said payment and penalty shall bear interest from such time until paid. at the
highest rate allowable under the laws of the State of Florida.
This agreement is only a revision and not a novation. Except as provided
in this agreement, all the terms and conditions of the instrument and the
Mortgage and Security Agreement described above shall remain in full effect.
IN WITNESS WHEREOF, AUBURN TRACE, LTD. has signed this
agreement on the day and year first written above.
AUBURN TRACE, LTD.
BY: Auburn Trace Joint Venture
WITNESSES: BY:
BY:
(Type or print name)
(Type or print name)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this __day of
,1997 by , partner (or agent) on behalf
of Auburn Trace. Ltd. a partnership. He/She is personally known to me/or has
produced (type of identification) and did (did not) take an
oath.
Signature of Notary Public-
State of Florida
Print, Type or Stamp Name of
Notary Public
auburn Ixace/agrrevi2.doc
This agreement is accepted by THE CITY OF DELRAY BEACH, FLORIDA ON
,,, 1997
CITY OF DELRAY BEACH, FLORIDA
ATTEST: BY:
Jay Alperin, Mayor
City Clerk
Approved as to Form and
Legal Sufficiency:
City Attorney
auburn trace/agrrevi2.doc
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~'~'/l
SUBJECT: AGENDA ITEM # ~'~'- REGULAR MEETING OF FEBRUARY 4, 1997
PALM BEACH COUNTY HIGH SPEED RAIL RESOLUTION
DATE: JANUARY 31, 1997
AS requested at the January 21st meeting, attached is a copy of
Palm Beach County Resolution No. 97-127 objecting to the Florida
Department of Transportation's plans to build a High Speed Rail
(Bullet) Train in South Florida. This resolution was approved by
the County Commission on January 21, 1997.
You had asked that this resolution be provided for your review and
consideration. If the Commission wants to formally consider the
matter, a resolution can be prepared for the February 18th
meeting. No action is necessary if the Commission does not wish
to pursue the matter.
In my opinion some of the reasoning in the County resolution is
weak, since transportation dollars generally cannot be used to
fund education. I recommend that we take no action on the matter
at this time.
ref:agmemol4
RESOLUTION NO. 97-I27
A RESOLUTION OF THE BOARD OF COUNTY
COM?4ISSIONERS OF PALM BEACH COUNTY, FLORIDA,
OBJECTING TO THE FLORIDA DEPARTMENT OF
TRANSPORTATION'S PLANS TO BUILD A HIGH SPEED
RAIL (BULLET) TRAIN IN SOUTH FLORIDA.
W~ERF. AS, the State of Florida and the Florida Department
of Transportation have provided funding support of the High Speed
Rail Commission for the past decade, providing for studies and
reports to explore the feasibility of establishing a high speed
rail system linking Miami to Tampa; and
WHEREAS, this system is estimated at this time to cost
i approximately $6.5 state funding
and
and
federal
is
required; and
WHEREAS, there are a number of more urgent funding needs
in the State of Florida at this time, most importantly in the area
of education; and
W~EREA~, development of conceptual routes for the bullet
train would have an enormous impact on existing neighborhoods.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, that the Commission
objects to the development of a high speed rail system, to the
expenditure of excessive public funds for this venture, to the
existence of much-higher priority needs in our state and our
communities, and to the impact development of conceptual routes
would have on our neighborhoods.
BE IT FURTHER RESOLVED that this Resolution be forwarded
to the members of Palm Beach County ' s State and Federal
Legislative Delegations, the Governor and members of the Florida
Cabinet, and the Florida State Department of Transportation.
The foregoing resolution was offered by Commissioner
Marcus who moved its adoption. The motion was seconded by
CommissionerMcCarty and upon being put to a vote, the vote was
as follows:
BURT AARONSON, Chairman - Aye
MAUDE FORD LEE, Vice-Chair - Absent
KAR~N T. MARCUS - Aye
CAROL A. ROBERTS - Absent
WARREN H NEWELL - Aye
MARY MCCARTY - Aye
KEN L. FOSTER - Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 21st day of January, 1997.
APPROVED AS TO FORM AND PALM BEACH COUNTY, FLORIDA, BY ITS
LEGAL SUFFICIENCY BOARD OF COUNTY COMMISSIONERS
Dorothy Wilken, Clerk
1/23/97
To: Interested Parties
From: PBC Board of County Commissioners
The attached Resolution objecting to the Florida
Department of Transportation's plans to build a High
Speed Rail (Bullet Train) in South Florida was recently
approved ~, ~.h~ Board of County Commissioners,
January 23, 1997
FAX TO: Co~issioner
Elllngsworth
Attn: Kendra
FROM: Grace Raymond, Aide to
Mary MnCarty, Commissioner, District IV
Telephone: 276-1220 (Delray Office)
276-1380 (Fax)
C~S:
Resolution passed and adopted
ff~N-24-19c:J? 10:1'7 BOARD OF CC 4B'7 ~55 ~990 P.02×02
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CITY ATTORNEY'S
Wfimr's Direct Line: (561) 243-7~1
DELRAY B~ACH
Ali. America Ci~ ~MO~~
' ll 1 1997
1993
TO: Ci~ Co~ssion
FROM: Susan A. Ruby, Ci~ A~omey
S~JECT: A~ Fi~ey-Lucas v. Ci~ of Delray Beach
The Plaintiff was formerly employed in the communications section of the Police
Deparunent as a Police Communications Specialist (dispatcher). The Plaintiff resigned
in 1995. The City and individually named persons have been sued by the Plaintiff in
Federal Court for alleged violations of various State and Federal civil rights acts.
Plaintiff has alleged a denial of promotions, unequal disciplinary actions, a hostile work
environment, i.e., generalized harassment and retaliation based on race and religion.
The City is represented by Leonard Carson of Carson and Adkins.
Court appointed mediation was held on Friday, January 24, 1997. A proposed
settlement was reached subject to City Commission approval. The settlement is as
follows: All claims for discrimination based on promotions, unequal disciplinary actions
and retaliation against the City and the individually-named defendants will be voluntarily
dismissed by Plaintiff. The claim of generalized harassment will be voluntarily
dismissed against individual defendants. The remaining issue against the City is on the
generalized harassment claim. This claim can be settled upon payment of $75,000.00 by
the City which shall include all of Plaintiff's attorneys fees and costs and be subject to
appropriate releases. The settlement will indicate that there is no admission of liability
but that the suit is being settled to avoid the uncertainty of trial and costs of litigation.
While we believe that the City would prevail at trial, there are never any guarantees
regarding the outcome of a jury trial. If the plaintiff was to receive any recovery at trial,
no matter how minimal, the City would be required to pay her attorneys fees. We
reasonably expect those fees to exceed the amount that we would pay to settle the case.
(A reasonable estimate of those fees would be not less than $100,000.) A settlement
now will avoid that risk, and will allow the City to put behind it the issues of racial
discrimination that allegedly occurred in early 1992. It will also allow the Police
~ Pr nte~ on ~ec'/c'ed ,PaE,2r
Memo to City Commission
January29,1997
Page 2
Department to continue to move forward in the positive direction it has been moving in
the last few years under the management of Police Chief Overman. It is for these reasons
that the settlement is recommended by the City's outside counsel and our office.
By copy of this memorandum to David Harden, City Manager, our office requests that
this settlement be placed on the City Commission's February 4, 1997 agenda for City
Commission consideration.
Please call me if you have any questions.
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
Leonard Carson, Esq.
flucas2.sar
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # ~' - REGULAR MEETING OF FEBRUARY 4, 1997
APPOINTMENT TO THE CODE ENFORCEMENT BOARD
DATE: JANIIARY 30, 1997
With the appointment of Chris Stray as a regular member on the
Code Enforcement Board, a vacancy was created for an alternate
member (real estate position) to fill Mr. Stray's unexpired term
ending January 14, 1998.
Code Enforcement Board members must be residents of the City.
Appointments to both regular and alternate member positions shall
be on the basis of experience or interest in the fields of zoning
and building control. While it is desirable to have
representation from various disciplines, including real estate, it
is not mandatory. Laypeople may be appointed as deemed
appropriate by the City Commission, provided they are residents of
the City.
The following have applied for the real estate position:
Lynn Gardner
Stanley Watsky
Applications are also on file from:
Sidney Soloway
Anthony Veltri
Pursuant to Commission direction, a check for code violations and
municipal liens was conducted. None were found.
The appointment will be made by Commissioner Ellingsworth (Seat
#3).
Recommend appointment of an alternate member (real estate
position) to the Code Enforcement Board to fill an unexpired term
ending January 14, 1998.
ref:agmemo
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
~OME ADDRESS (~tree~, Cit~', Z~ Code) (LEGAL RESIDENCE)~
PRINCIPAL BUSINESS kDDRESS'(S~feet, City, Zfp C~de)
soME nONE ~ ? q- ?~ '~0 BUSINESS P.OME
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
EDUCATIONAL QUALIFICATIONS
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
DESCRIBE EXPEKIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
. i '// '
PL~SE ATTACH A BRIEF ~S~.
I HE'BY CERTI~ ~T ~L ~E ~OVE STAT~NTS ~ TRUE~ ~ I AGUE
~ERST~ ~T ~ MISSTAT~NT OF ~TERI~ FACTS CONTAINED IN ~IS ~PLICA-
TION ~Y CAUSE FO~EI~RE UPON ~ P~T OF ~ ~POIN~NT I ~Y ~CEIVE.
/
4/90
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
APPOINTMENTS TO THE AFFORDABLE HOUSING ADVISORY
COMMITTEE AND ADOPTION OF RESOLUTION NO. 10-97
DATE: JANUARY 31, 1997
With the automatic resignation of Byron Smith and the resignation
of Barbara Brown due to her appointment to the Delray Beach
Housing Authority, there are two vacancies on the Affordable
Housing Advisory Committee. Mr. Smith's resignation creates a
vacancy for a "Representative of those engaged in home building"
to fill the unexpired term ending March 31, 1997. Ms. Brown's
resignation leaves a vacancy for a "Citizen-at-large" to fill the
unexpired term ending March 31, 1998.
The Affordable Housing Advisory Committee meets on a bi-monthly
basis for the purpose of developing strategies to provide housing
opportunities to meet a wide range of economic abilities.
Pursuant to Commission direction, a check for code violations and
municipal liens has been conducted. None were found.
One application is on file for the category of "Representative of
those engaged in home building", as follows:
Albert McNamara
Applications for the "Citizen-at-large" position are on file from
the following:
Edward Aptaker
Renee Dillon
Joseph Farkas
Sherry Johnson
Edward McCall
The appointment of the "Representative of those engaged in home
building" will be made by Commissioner Randolph (Seat #4). The
appointment of the "Citizen-at-large" will be made by Mayor
Alperin (Seat #5).
Appointments to the Affordable Housing Advisory Committee are
formalized by resolution. Therefore, staff recommends
appointment of a "Representative of those engaged in home
building" to fill an unexpired term ending March 31, 1997, and a
"Citizen-at-large" to fill an unexpired term ending March 31,
1998. Once the appointments are made, formal adoption of
Resolution No. 10-97 is requested.
ref:agmemo9
RESOLUTION NO. 10-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, APPOINTING MEMBERS TO THE
AFFORDABLE HOUSING ADVISORY COMMITTEE, PURSUANT TO
STATE LAW; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida, under specific authority
established by State Statute, has established the State Housing
Initiative Partnership (SHIP) Program, which requires the City to
establish an Affordable Housing Advisory Committee; and
WHEREAS, the Affordable Housing Advisory Committee was
established pursuant to Ordinance No. 2-93, passed and adopted on
second and final reading by the City Commission on February 23, 1993;
and
WHEREAS, two vacancies currently exist on the Affordable
Housing Advisory Committee for unexpired terms ending March 31, 1997,
and March 31, 1998, respectively; and
WHEREAS, the City Commission desires to appoint members to
the Affordable Housing Advisory Committee to fill said unexpired
terms.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following members of the Affordable
Housing Advisory Committee are hereby appointed by the City
Commission:
Sherry Johnson, a representative of those engaged in home
building (to fill an unexpired term ending March 31, 1997);
Edward Aptaker , a citizen-at-large (to fill an unexpired
term ending March 31, 1998).
Section 2. That this resolution shall take effect
immediately upon passage.
PASSED AND ADOPTED in regular session on this the 4th day of
February' 1997' .~ ~
~ity-C~rk
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CITY ATTO P, NEY'S OFFiC[ ,.,~,,,,,~:~'~'~-,,,,~'"" ~ ~?,.:?~.~:~~"~:~ ~ ~' ~'~'¥ ~" ~'~ ~;~
Wfi~r's Direct L~e: (~) 243-7~1
DELRAY BEACH
1993
TO: Ci~ Comssion
FROM: Susan A. Ruby, Ci~ Aaorney
S~JECT: Con~act for Sale and ~mhase of Prope~ Adjacent m Chamber ~cated
at 76 S.E. 5~ Avenue and ~ended and Restated ~ase Between ~e Ci~
and ~e Chmber
The City currently leases property it owns to the Chamber of Commerce. The purchase
of this additional property will enable the City to aggregate property for parking and
other public purposes in the future. The amended lease to the Chamber of this additional
property will enable the City to acquire additional parking now and provide for parking
in the furore.
The essential terms of the purchase are as follows:
1. The City shall purchase the property for $130,000,00.
2. The closing date is scheduled for April 7, 19997.
3. The City is to pay for the title insurance and recording of the deed.
4. The Seller shall pay all documentary stamps, and intangible taxes and cost of any
cure to the title and satisfaction of existing mortgage.
The essential terms of the Amended and Restated Lease between the City and the
Chamber of Commerce are as follows:
1. The Chamber shall pay to the City, in addition to monies previously paid,
$65,000.00 on or before September 30, 1997 to lease the additional property with the
understanding that the unbuilt upon portion of the newly acquired property will be
used for public parking.
/O.A,.
City Commission
January 22, 1997
Page 2
2. The Amended Lease permits the Chamber to sublet part of the premises to the
current owner (approximately 608 sq. fi. in the S.W. wing) for three years with a
two year option at $7.00 a square foot.
3. The Lease shall expire on January 31, 2060 which is the same as the previous lease
to the Chamber.
Please call me if you have any questions regarding the Contract for Sale and Purchase or
the Amended and Restated Lease.
By copy of this memorandum to David Harden, City Manager, our office requests that
this resolution incorporating that this contract for Sale and Purchase and the Amended
and Restated lease be placed on the regular agenda as a public hearing item for February
4, 1997.
SAR:ci
Attachments
cc: David Harden, City Manager
Bill Wood, President, Chamber of Commerce
Mr. Jefferson K. Vanderwolk
Alison MacGregor Harty, City Clerk
vancler2.sar
RESOLUTION NO. 11-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, LOCATED AT 76 S.E. 5TH AVENUE,
DELRAY BEACH, FLORIDA, AS MORE PARTICULARLY DESCRIBED
HEREIN, HEREBY INCORPORATING AND ACCEPTING THE
CONTRACT STATING THE TERMS AND CONDITIONS FOR THE
SALE AND PURCHASE BETWEEN THE SELLER AND THE CITY OF
DELP~AY BEACH, FLORIDA, AND AUTHORIZING THE CITY TO
LEASE THE PROPERTY PURSUANT TO THE LEASE INCORPORATED
HEREIN.
WHEREAS, the City of Delray Beach, Florida, wishes to
acquire certain property located at 76 S.E. 5th Avenue; and
WHEREAS, the Seller, Jefferson F. Vanderwolk, desires to
sell the property hereinafter described to the City of Delray Beach,
Florida; and
WHEREAS, it is in the best interest of the City of Delray
Beach, Florida, to purchase said property for the purpose of providing
land adjacent to City-owned land, for parking and for other municipal
purposes; and
WHEREAS, it is in the best interest of the City to lease the
acquired property to the Chamber of Commerce for good and valuable
consideration and in order to provide for additional public parking
and to insure that at the end of the lease term that the property
currently leased to the Chamber and this property can be used for
public purposes.
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, as Buyer, hereby agrees to purchase from Jefferson
F. Vanderwolk, as Seller, land for the purchase price of One Hundred
and Thirty Thousand Dollars ($130,000.00) and other good and valuable
consideration; said parcel being more particularly described as
follows:
Town of Delray, Lot 18, less East 10 feet road
right-of-way, Block 101, as recorded in Plat Book 1,
Page 3 of the Public Records of Palm Beach County,
Florida.
Section 2. That the terms and conditions in the contract for
sale and purchase and addenda thereto between the City of Delray Beach,
Florida, and Jefferson F. Vanderwolk are attached hereto as Attachment
A and incorporated herein.
Section 3. That the City Commission hereby agrees to lease
the property described in Section 1, together with property currently
under lease located at 56 S.E. 5th Avenue, to the Chamber of Commerce.
Section 4. That the terms and conditions of the lease are
attached hereto, as Exhibit B and are incorporated herein.
PASSED AND ADOPTED in regular session on this the 4th day of
February, 1997.
ii~ ATTEST:
11 city C rk
i'
- 2 - Res. No. 11-97
AGREEMENT FOR PURCHASE AND SALE
This Agreement for Purchase and Sale, is made and entered into as of the ~ day of
· 1997 by and between Jefferson F. Vanderwolk (Seller), and the City of
Delray Beach, Florida, a municipal corporation (hereinafter referred to as the "Purchaser").
WITNESSETH:
1. DEFINITIONS. The following terms as used herein shall have the following
meaning:
1.1. _~grg. e, me~ - this instrument, together with all exhibits, addenda and
proper amendments hereto.
1.2. ~ - the meaning ascribed thereto in Section 6.2 of this
Agreement, unless extended by the terms of this Agreement, or by mutual consent of the
parties.
1.3. "Effective Date" - the effective date of Agreement shall be the date upon
which the City of Delray Beach Commission shall have approved the execution of this
Agreement at a formal meeting of Board.
1.4 "Inspection Period" - that certain period of time commencing upon the
Effective Date and terminating thirty (30) days thereafter.
1.5 "Permitted Exceptions" - those exceptions to the tide of the Property as
set forth in Exhibit "B' hereto attached, together with any other title matters that may be
waived in writing by the Purchaser.
1.6 "Real Property." - the real property located at 76 S.E. 5th Avenue,
Delray Beach, Florida, legally described in Exhibit "A" attached hereto and made a part
hereof, together with all improvements situate thereon.
1.7 "Tangible Personal Property_" or "Personal Property." - All of Sellers
right, title and interest in all appliances, fixtures, equipment, machinery, furniture, carpet,
drapes, and other personal property, if any, located on or about the land and the improvements
used in the operation and maintenance thereof, except the personal property retained by Seller
for the approximately 600 sq. fi. area currently occupied by Seller in the southwestern corner
of building.
2. SALE AND PURCHASE. In consideration of the mutual covenants herein
contained, and various other good and valuable consideration, Seller agrees to sell and convey
to Purchaser and Purchaser agrees to purchase from Seller, on the terms, covenants and
conditions hereinafter set forth, the Real Property, and Personal Property together with all
right, title and interest of Seller in and to any and all streets, roads, highways, easements,
accesses and rights of way appurtenant to the Real Property, together with all improvements
located thereon, if any.
3. PURCHASE PRICE AND METHOD OF PAYMENT.
3.1 Purchase Price. The purchase price of the Property shall be One
Hundred and Thirty Thousand Dollars ($130,000.00).
3.2. Payment of Purchase Price. On the Closing Date, Purchaser shall pay at
the City's election, by wire transfer of immediately available United States currency or by
City check, the total amount of the purchase price of the Property, in United States Currency,
subject to any adjustments, credits and prorations as herein provided.
4. ACKNOWLEDGMENTS. REPRESENTATIONS AND WARRANTIES OF
SELLER.
As a material inducement to Purchaser to enter into this Agreement, Seller
hereby acknowledges, represents and warrants to the best of his knowledge to Purchaser as
follows:
4.1. That Seller is indefeasibly seized of marketable, fee simple title to the
Property, and is the sole owner of and has good right, title and authority to convey and
transfer the Property which is the subject matter of this Agreement, free and clear of all liens
and encumbrances, excepting only the Permitted Exceptions.
4.2 That there is no litigation, investigation or proceeding pending, or to the
knowledge of Seller threatened, which relates to or adversely affect Seller's ability to perform
its obligations under this Agreement.
4.3 That there are no judicial or administrative actions, suits or judgments
affecting the Property, including without limitation, any such laws, ordinances, roles or
regulations of any governmental authority having jurisdiction of the Property.
4.4 That there are no existing or pending special assessments affecting the
Property, which are or may be assessed by any governmental authority, water or sewer
authority, school district, drainage district or any other special taxing district.
4.5 There are no condemnation, environmental, zoning or other land-use
regulation proceedings, either instituted, or planned to be instituted with regard to the
Property.
2
4.6 On the Closing Date there will be no outstanding contracts made by
Seller for any improvements to the Real Property which have not been fully paid for and Seller
shall cause to be discharged all construction liens arising from any labor or materials furnished
to the Property prior to the time of Closing.
4.7 All documents executed or to be executed by Seller which are to be
delivered to Purchaser at closing will be legal, valid, and binding obligations of Seller.
4.8 There are no service contracts affecting the Property which will survive
Closing.
4.9 That all ad valorem real property taxes for the Property have been fully
paid for the year 1996, and all prior years.
4.10 That Seller has entered into no other contracts for the sale of any portion
of the Property which remain in force.
4.11 That the Property has not in the past been used, and is not presently
being used, for the handling, storage, transportation, or disposal of hazardous or toxic
substances, wastes or materials.
4.12 It is a condition precedent to closing that all of the representations and
warranties of Seller contained in this Agreement shall continue to be true as of the Closing
Date, and shall be deemed to be restated and affirmed as of the Closing Date without the
necessity of Seller's execution of any document with respect thereto. In the event that any of
the Seller's representations shall prove to be materially untrue, Purchaser shall have the right
to (i) terminate this Agreement at any time prior to closing upon written notice by Seller,
whereupon the parties shall be relieved of all further obligation hereunder; or (ii) proceed to
close upon this Agreement without thereby waiving any claim or cause of action against Seller
for misrepresentation or breach of warranty.
5. INSPECTION OF PROPERTY. During the Inspection Period, Purchaser and
its engineers, surveyors, agents and representatives shall have access to the Property upon
reasonable notice for purposes of survey, testing and inspection thereof. All surveys, testing
and inspections shall be conducted by Purchaser at its expense, and shall be performed by
licensed persons or fa'ms dealing in the respective areas or matters tested. All testing shall be
done in the least intrusive manner, and Purchaser agrees to indemnify Seller to the extent
permitted by law from and against any and all loss, damage, cost, expense and/or liability of
whatsoever nature arising from or out of Purchaser's, its agents, contractors, employees and
invites entry upon and inspection of the Property. Notwithstanding the foregoing, the
foregoing indemnification shall not apply to, nor prohibit Purchaser from, the disclosure of the
results of said inspections as may be required by applicable law. In the event that such
inspections shall reveal a deficiency in the Property, as determined by Purchaser in its sole and
absolute discretion, Purchaser shall have the right to terminate this Agreement at any time
3
during the Inspection Period by giving written notice thereof to Seller, whereupon the parties
shall be relieved of all further obligation hereunder.
6. CLOSING. The parties agree that the Closing upon the Property shall be
consummated as follows:
6.1 Place of Closing. The closing shall be held at a mutually acceptable
located to Seller and Purchaser.
6.2 ~,lO.~g_I~. The closing shall take place within thirty (30) days after
expiration of the Inspection Period, or at such earlier date as is mutually agreed upon by the
parties.
6.3 Closing Documents. At closing, Seller shall deliver or cause to be
delivered to Purchaser, the following documents, each fully executed and acknowledged as
required.
6.3.1 Statutory_ Warranty_ Deed. A Statutory Warranty Deed conveying good
and marketable fee simple title to the property, subject only to the Permitted Exceptions.
6.3.2 Affidavit of Seller. An Affidavit with respect to construction liens in
such form as sufficient to permit a title insurer to delete the "construction lien" exception from
the title insurance policy, and stating that the Property is free and clear of all encumbrances,
leases, licenses, contracts or claim of rights, which claims may serve as the basis of a
construction lien.
6.4 Possession. At closing Seller shall deliver full, complete and exclusive
possession of the Property to the Purchaser.
6.5 Purchaser's Obligations. At closing, Purchaser shall deliver, or
cause to be delivered, to Seller, the following:
6.5.1 Cash due at Closing. The required payment due as cash due at closing
as provided elsewhere herein.
7. EVIDENCE OF TITLE.
7.1. Within thirty (30) days after the Effective Date of this Agreement, the
Purchaser shall obtain an owner's title insurance commitment issued by a title insurance
company acceptable to Purchaser agreeing to issue to the Purchaser upon the recording of the
Statutory Warranty Deed to the Real Property, an owner's marketability title insurance policy
in the amount of the purchase price, insuring the marketability of the fee title of the Purchaser
to the Real Property, subject only to the Permitted Exceptions. The cost of said commitment
and policy and any premium thereafter shall be borne by Purchaser.
4
The Purchaser shall have until the end of the Inspection Period, in which to review
same. In the event the title insurance commitment shall show as an exception any matter other
than the Permitted Exceptions, Purchaser shall notify Seller of Purchaser's objection thereto,
and Seller shall act with reasonable effort to remove such exception(s), which exceptions shall
be deemed to constitute title defects. The Seller shall be entitled to thirty (30) days from the
date Of notification by Purchaser (with adjournment of the Closing Date if necessary) within
which to cure such defects or to make arrangements with the title imurer for the removal of
any such objections from the commitment, however, Seller shall have the option of
discharging any such matters at closing out of the closing proceeds. If the defect(s) shall not
have been so cured or removed from the commitment by endorsement thereto at the
termination of the said thirty (30) day period, Purchaser shall have the option of: (a)
accepting title to the Property as it then exists; CO) postponing the closing date or (c)
terminating this Agreement, by giving written notice thereof to Seller, in which event the
parties shall be relieved of all further obligation hereunder.
7.2 Seller shall deliver to Purchaser prior to the Closing an endorsement of
the commitment making it effective to within five (5) days of the Closing Date. At closing,
the title insurance commitment shall be endorsed to remove any and all requirements or
preconditions to the issuance of an owner's marketability title insurance policy, and to delete
any exceptions for: (a) any rights or claims of parties in possession not shown by the public
records; Co) encroachments, overlaps, boundary line disputes and any other matters which
would be disclosed by an accurate survey and inspection of the Property; (c) unrecorded
easements and claims of easements (d) unrecorded and construction liens or claims of liens; (e)
taxes for the year of closing and all prior years; (f) matters arising or attaching subsequent to
the effective date of the commitment but before the acquisition of record of the fee simple title
to the Real Property by the Purchaser.
7.3 From and after the Effective Date of this Agreement, Seller shall take no
action which would impair or otherwise affect title to any portion of the Property, and shall
record no documents in the Public Records which would affect title to the Real Property,
without the prior written consent of the Purchaser.
8. SURLY.' Purchaser shall have the right, within the time period provided in
Section 7 for delivery and examination of Title Evidence, to obtain a current survey of the
Real Property and all improvements thereon. Said survey shall be prepared in accordance with
the minimum technical standards for surveys within the State of Florida. If the survey reveals
any encroachments, overlaps, boundary disputes or other defects, other than the Permitted
Exceptions, which affect marketability of the Property, the same shall be treated as title
defects as described in Section 7 of this Agreement and Purchaser shall have the same rights
and remedies as set forth therein.
9. I?~II)._Q~L_Q~. Radon is naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons who are
exposed to it over time. Levels of radon that exceed federal and state guidelines have been
5
found in buildings in Florida. Additional information regarding radon testing may be obtained
from your County public health unit.
10. ~. Purchaser shall be responsible for preparation of all closing
documents. Purchaser shall submit copies of same to Seller no less than five (5) days before
scheduled closing.
10.1 Purchaser shall pay the following expenses at closing.
10.1.1 The cost of recording the deed of conveyance.
10.1.2 All costs and premiums for the owners marketable title
insurance commitment and policy.
10.2 Seller shall pay the following expenses at closing.
10.2.1 Documentary Stamps required to be affixed to the deed of
conveyance, and intangible taxes.
10.2.2 All costs necessary to cure title defect(s) or encumbrances,
other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages
upon the Property.
10.3 The Seller and Purchaser shall each pay their own attorney's fees.
11. ~. On or before the Closing Date, Seller shall establish an escrow
fund with the County Tax Collector pursu.ant to Florida Statutes Section 196.295, and shall
pay into said escrow Seller's prorata portion of ad valorem real property taxes for the year of
closing as determined by the Tax Collector. Seller shall pay its prorata share of taxes for the
year of closing and any outstanding taxes for years prior to 1997 shall be paid by Seller.
12. ASSESSMENTS. If on the Closing Date, the Property or any part thereof shall
be or shall have been affected 'by assessments, which are, or which may become payable in
annual installments, of which the first installment is then a charge or lien, or has been paid,
then for the purposes of this Agreement, all of the unpaid installments of any such
assessments, including those which are to become due and payable after the Closing Date,
shall be deemed to be due and payable and to be liened upon the premises affected thereby,
and shall be paid and discharged by the Seller on or before Closing Date.
13. CONDEMNATION. In the event that all or any part of the Property shall be
acquired or condenmed for any public or quasi-public use or purpose, or if any acquisition or
condenmation proceedings shall be threatened or begun by a governmental entity other than
Purchaser prior to the closing of this transaction, Purchaser shall have the option to either
terminate this Agreement, and the obligations of all parties hereunder shall cease, or to
proceed, subject to all other terms, covenants, conditions, representations and warranties of
6
this Agreement, to the closing of the transaction contemplated hereby and receive title to the
Property, receiving, however, any and all damages, awards or other compensation arising
from or attributable to such acquisition or condemnation proceedings. Purchaser shall have
the right to participate in any such proceedings.
14. REAL ESTATE BROKER. Seller and Purchaser each represents and warrants
to the other that it has not dealt with any broker, salesman, agent or finder in connection with
this transaction. Without limiting the effect of the foregoing to the extent permitted by law,
each party agrees to indemnify, defend and save the other harmless from the claims and
demands of any real estate broker, other than broker, claiming to have dealt with the
indemnifying party. Such indemnity shall include, without limitation, the payment of all costs,
expenses and attorney's fees incurred or expended in defense of such claims or demands. The
terms of this Section shall survive the closing or termination of this Agreement.
15. FIRPTA. Seller represents and warrants to Purchaser that Seller is not a
"foreign person" as defined by the Federal Foreign Investment in Real Property Tax Act, (the
"Act"). At closing, the Seller shall execute and deliver to Purchaser, a "Non-Foreign
Certificate", as required by the Act. Seller acknowledges that in the event Seller fails to
deliver the Non-Foreign Certificate, Purchaser shall be authorized to withhold from the closing
proceeds an amount equal to ten percent (10%) of the gross amount of the purchase price, and
to remit same to the Internal Revenue Service, as required by the Act.
16. NOTICES. All notices and elections (collectively, "notices') to be given or
delivered by or to any party hereunder, shall be in writing and shall be (as elected by the party
giving such notice) hand delivered by messenger, courier service or Federal Express, or
alternatively shall be sent by United States Certified Mail, with Return-Receipt Requested.
The effective date of any notice shall be the date of delivery of the notice if by personal
delivery, courier service or Federal Express, or if mailed, upon the date which the return
receipt is signed or delivery is refused or the notice designated by the postal authorities as non-
deliverable, as the case may be. The parties hereby designed the following addresses as the
addresses to which notices may be delivered, and delivery to such addresses shall constitute
binding notice given to such party:
16.1 Purchaser:
City of Delray Beach, Florida
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Attn: David Harden, City Manager
With a copy to:
Susan A. Ruby, Esq., City Attorney
200 N.W. 1 st Avenue
Delray Beach, Florida 33~.~.~.
7
Phone: (407) 243-7091
Fax: (407) 2784755
16.2 Seller:
Jefferson F. Vanderwolk
Address:
Phone:
Any party may from time to time change the address to which notice under this
Agreement shall be given such party, upon three (3) days prior written notice to the other
parties.
17. A~SI.C.z]~I3~I~. Neither Purchaser nor Seller shall assign this Agreement or
any interest herein without the prior written consent of the other party.
18. ENFORCEMENT COSTS. In the event any action, suit or proceeding is
commenced with respect to interpretation or enforcement of this Agreement, the prevailing
party therein shall be entitled to recover all costs, expenses and fee, including, without
limitation, reasonable attorney's fees, expended or incurred by such party in connection
therewith, including any such costs expenses and fees upon appeal and in post judgment
proceedings.
19. DEFAULT. In the event Seller fails or refuses to perform any term, covenant,
or condition of this Agreement, Purchaser shall, in addition to any other remedies provided at
law or in equity, have the right of specific performance thereof.
20. GOVERNING LAW & VENUE. This Agreement shall be governed by,
construed and enforced in accordance with, the laws of the State of Florida. Venue in any
action suit or proceeding in connection with this Agreement shall be in Palm Beach County,
Florida.
21. BINDING EFFECT. This Agreement shall be binding upon, and shall inure to
the benefit of, the parties hereto and their respective legal representatives, successors and
assigns.
22. NO RECORDING. Neither this Agreement, nor any memorandum or short
form hereof, shall be recorded in the Public Records of Pall Beach County, Florida.
23. TIME .OF ESSENCE. Time is of the essence with respect to the performance
of each and every provision of this Agreement where a time is specified for performance.
24. INTEGRATION. This Agreement constitutes the entire understanding and
'Agreement between the parties with respect to the subject matter hereof, and may not be
modified or amended, except in a writing signed by all of the parties hereto.
25. EFFECTIVE DATE OF AGREEMENT. This Agreement is expressly
comingent upon the approval of the City Commission of the City of Delray Beach.
26. H.F.,AD.,I~LC~. The paragraph headings or captions appearing in this Agreement
are for convenience only, are not part of this Agreement, and are not to be considered in
interpreting this Agreement.
[This page is intentionally left blank]
9
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in
their respective names, on the dates set forth below.
Signed, sealed and delivered
in the presence of:
Date of Execution by Seller:
,1997
WITNESSES: JEFFERSON F. VANDERWOLK
Wimess Signature
Name Printed or Typed
State of Florida
County of
The foregoing instrument was acknowledged before me this day of
, 1997 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 - State
of Florida
Print, Type, or Stamp Name of
Notary Public
10
Date of Execution by Purchaser:
,1997
CITY OF DELRAY BEACH, FLORIDA,
a Florida municipal corporation
By:
Title:
ATTEST:
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
City Attorney
~'an~cr.a~
11
EXHIBIT 'A'
Town of Delray, Lot 18, less East I0 feet road right-of-way, Block 101, as recorded in
Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida.
Tax ID Number or Folio Number
of Property: 12-4346-16-01-101-0180
Grantee's Social Security Number or
Tax ID Number
AFTER RECORDING RETURN TO:
Susan Ruby, F.~q.
City Attorney
200 N.W. 1st Avenue
Delray Beach, Florida 33444
STATUTORY WARRANTY DEED
JEFFERSON VANDERWOLK, ("Grantor") whose address is
, for and in consideration of the sum of TEN AND
NO/100 DOLLARS ($10.00) paid to Grantor and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, as GRANTED, SOLD and CONVEYED and does
hereby GRANT, SELL and CONVEY unto the City of Delray Beach, whose address is 100 N.W. 1st
Avenue, Delray Beach, Florida, 37,~.~. in fee simple title, that certain land located in Pall Beach
County, Florida, being more particularly described in ~, attached hereto and incorporated
herein by reference, together with all improvements, if any, located on such land (such land and
improvements being collectively referred to as the "Property").
This conveyance is made and accepted subject to all matters (the "Permitted Exceptions") set
forth in ~, attached hereto and incorporated herein by reference.
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances pertaining thereto, including all of Grantor's right, title and interest in and to adjacent
streets, alleys and rights-of-way, subject to the Permitted Exceptions, unto Grantee and Grantee's heirs,
successors and assigns forever. And Grantor hereby covenants with Grantee that, except as above
noted, that at the time of the delivery of this Warranty Deed the Property was free from all
encumbrances made by it and that Grantor will warrant and defend the same against the lawful claims
and demands of all persons claiming by, through or under Grantor, but against none other.
EXECUTED on the date set forth in the acknowledgment attached hereto to be effective as of
the ~ day of ,199
WITNESS: JEFFERSON VANDERWOLK
Name: Grantor
Nalne .'
State of Florida
County of
The foregoing instrument was acknowledged before me this day of
· 1997 by (name of person
acknowledging), who is personally known to me or who has produced
(type of identification) as idemification and who did (did
not) take an oath.
Signature of Notary Public - State
of Florida
Print, Type, or Stamp Name of
Notary Public
EXHIBIT "A"
Town of Delray, Lot 18, less East 10 feet road right-of-way, Block 101, as recorded in
Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida.
EXHIBIT B TO STATUTORY WARRANTY DEED
PERMITTED EXCEPTIONS
TO DEED
1. Taxes and assessments for the year of 1997 and subsequent years, which are not yet due and
payable.
JEFFERSON F. VANDERWOLK, [1]("Assignor"), for and in consideration of the sum of
TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration paid to Assignor
by [2] the City of Delray Beach ("Assignee"), the receipt and sufficiency of which are hereby
acknowledged, has ASSIGNED, SOLD, CONVEYED and DELIVERED, and does hereby ASSIGN,
SELL, CONVEY and DELIVER unto Assignee, its successors, heirs, executors, administrators
personal representatives and assigns, all of Assignor's right, title and interest, if any, in and to the
following:
1. All of the fixtures, equipment, machinery, furniture and other personal propervd (the
"Personal Property") placed or installed on or about the real property (the "Real Property") being
more particularly described in ~, attached hereto and incorporated herein by reference; and,
2. All intangible property (the "Intangible Property") pertaining to the Real Property or
the Personal Property or the use thereof including, without limitation, transferable utility contracts,
transferable telephone exchange numbers, plans and specifications, engineering plans and studies, floor
plans and landscape plans relating to the same or any part of the same, except as set forth in the
contract for sale and purchase.
3. The Assignor for itself and its successors, covenant to and with the Assignee, its
successors and assigns, that it is the lawful owner of the personal property and intangible property; that
they are free from all encumbrances; that it has good right to sell the aforesaid, and that it will warrant
and defend the sale of the personal property and intangible personal property on behalf of the Assignee,
irs successors and assigns, against the lawful claims and demands of all persons whomsoever.
By acceptance of this Bill of Sale, Assignee accepts and agrees to all matters set forth herein.
EXECUTED this ~ day of ,199
JEFFERSON F. VANDERWOLK
WITNESSES:
Nartle.'
EXHIBIT "A"
Town of Delray, Lot 18, less East 10 feet road fight-of-way, Block 101, as recorded in
Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida.
AMENDED AND RESTATED LEASE
This Amended and Restated Lease is made this ~ day of , 1997 by
and between the City of Delray Beach, a Florida Municipal Corporation, (Lessor), and
Greater Delray Beach Chamber of Commerce, Inc., (Lessee), and collectively referred to
as the Parties.
WITNESSETH:
WHEREAS, the Lessor and the Lessee entered into a Lease of the property located at
64 S.E. 5th Avenue, Delray Beach, Florida dated June 20, 1967, which was amended January
23, 1968, July 9, 1968 and January 9, 1996; and,
WHEREAS, the parties desire to amend and restate the lease dated January 9, 1996 to
include additional property located at 76 S.E. 5th Avenue; and,
WHEREAS, the lease of the additional property will be non-exclusive, in that the
unbuilt upon portion of the additional property will be used as additional public parking.
NOW, THEREFORE, the Parties in consideration of the covenants herein contained
agree as follows:
1. Premises. Lessor hereby leases to Lessee property located at 64 S.E. 5th
Avenue, Delray Beach, Florida, and 76 S.E. 5th Avenue, Delray Beach, Florida legally
described as:
The South fifty-two (52) feet of Lot 17, Block 101, Delray Beach
(formally Town of Linton) according to the plat thereof in Plat
Book 1, Page 3, of the public records of Palm Beach County,
Florida,
and
Town of Delray, Lot 18, less East 10 feet road right-of-way,
Block 101, as recorded in Plat Book 1, Page 3 of the Public
Records of Pall Beach County, Florida
The leased premises includes all improvements and appurtenances thereto.
Lessor acknowledges that Lessee has constructed a building on the premises and desires to
occupy and construct further improvements on the premises to be used for a Chamber of
Commerce building. The Lessee shall allow on the additional leased premises public parking
on that part of the property not currently used for the structure located thereon.
2. Rent'. Lessee shall pay to Lessor in addition to the monies previously paid,
$65,000.00 due and payable on or before September 30, 1997.
3. Term and Commencement Date. The Lease shall be for a term of sixty-five
years (65) from the date of execution of the previous lease agreement through January 31, of
2060.
4. Use of Premises. The Lease is made by the Lessor for the purpose of enabling
Lessee to maintain on the above-described property, a building to be used for a Chamber of
Commerce building and to provide additional public parking. In the event that this property
should ever be used for any other purpose, then this lease may be terminated by the Lessor, by
giving the Lessee, or its successors or assigns, thirty (30) days notice of intention to terminate
this Lease. The Lessee covenants that it will make no unlawful, improper or offensive use of
said premises.
5. Assi~mmlent and Subletting/Encumbrance. The Lessee shall not assign
mortgage, pledge or encumber this Lease in whole or in part, nor sublet any part of the leased
premises without the prior consent of the Lessor, except that Lessee may sublet the premises
or a part thereof, to Jefferson F. Vanderwolk for up to five (5) years from the date of
execution of this agreement upon terms outlined in the letter attached as Exhibit A to this
agreement.
6. l~epairs and Maintenance. The Lessee shall maintain the leased premises
including all alterations thereto, at its own expense and shall keep the leased premises in safe
condition and in good repair.
7. Indemnification. Lessee shall indemnify, defend and hold harmless the City
from and against any and all judgments, damages, claims, demands, losses, causes of action,
and other costs and expenses, including reasonable attorneys fees incurred in the defense
thereof, that may be incurred'by the Lessor or alleged against the Lessor by reason of any
loss, damage or injury to any person or property resulting directly or indirectly by reason of
the use and occupancy of premises, or by the reason of the act, or failure to act by the Lessee,
its agents, employees or representatives.
8. ~ Lessee shall, during the entire term hereof, carry liability insurance
and property damage insurance acceptable to the City. The insurance shall cover all
improvements. The City in its discretion may review the insurance types and amounts from
time to time and request that additional insurance be maintained and provided.
9. Alterations/Expansion. The Lessee shall obtain written approval of the City
for any expansion of the building on the premises. All work done by Lessee in connection
3
with any alterations, repairs, and maintenance on the premises shall be done in a good and
workmanlike manner and shall be diligently prosecuted to completion in accordance with the
plans and specifications therefore.
10. Surrender of Premises. Lessee agrees that if Lessee violates any of the
covenants of this Lease, that it will become a tenant at sufferance and the Lessor shall be
entitled to re-enter and re-take possession of the above-described premises upon granting the
thirty (30) days notice as above set forth. Upon termination or expiration of this Lease,
Lessee at its sole cost and expense, shall remove Lessee's personal property and removable
f'Lxtures and equipment from the Premises. Upon surrender of the Premises, title to any and
all improvements shall be vested in Lessor.
11. Taxes/Assessments/Utilities. Lessee shall pay all taxes, special assessments, or
fees imposed on the property. The Lessee shall contract and pay for all utilities and services
required by the Lessee in furtherance of their use of the property and improvements situated
on the property.
12. l~¥ents of Default. The occurrence of one or more of the following shall
constitute an Event of Default by Lessee: (i) Lessee shall fail to perform or observe any of the
agreements, covenants or conditions contained in the Lease on Lessee's part to be performed
or observed and such failure continues for more than thirty (30) days after notice from Lessor;
(ii) Lessee shall vacate or abandon the premises; (iii) Lessee's leasehold estate shall be taken
by execution, attachment or process of Law. (iv) The Lessee uses the premises in violation of
Paragraph 4 and fails to cease the improper use within the thirty (30) days notice of default
given to Lessee. If an Event of Default occurs, the Lessor shall have the right to give Lessee
4
notice that Lessor intends to terminate this Lease upon a specified date not less than thirty (30)
days after the date notice is received by Lessee, or within the time frames provided in this
agreement. This Lease shall then expire on the date specified, as if the date had been
originally fixed as the expiration date of the term of this Lease. If however, the default is
cured within the aforementioned time periods, and the Lessor is so notified, this Lease will
continue.
13. Damage or Destruction By Fire. War. or Act of God. In the event the
improvements placed on the land by Lessee shall be destroyed, damaged or injured by fire or
other casualty during the term of this Lease or any extension thereof, the Lessee shall
commence restoration thereof within one hundred twenty (120) days and thereafter diligently
pursue the restoration to completion. Notwithstanding the foregoing, in the event of such
casualty, Lessee shall have the right, to be exercised in its sole discretion, to terminate this
Lease. In the event Lessee elects to terminate this Lease, Lessee shall first place the Premises
in a safe and sightly condition and shall, at the request of the Lessor, remove any
improvements which are materially damaged.
14. Quiet En_io_vment. Upon payment of rent and other charges herein provided,
Lessee shall peaceably and quietly hold and enjoy the premises for the term hereby demised
without hindrance or interruption by Lessor or any other person or persons lawfully or
equitably claiming by, through or under the Lessor, subject, nevertheless to the terms and
conditions of this Lease.
15. ~. Lessee shall not record this Lease, or any memorandum thereof,
without the written consent and joinder of Lessor.
16. Waiver of Jury_ Trial. The parties hereto waive trial by jury in connection
with proceedings or counterclaims brought by either of the parties hereto against the other, in
connection with this Lease.
17. Governing Law. This Lease shall be governed by and interpreted according to
the laws of the State of Florida and venue shall be in Palm Beach County.
18. Waiver. Accord. Satisfaction. The waiver by Lessor of any default of any
term, condition or covenant herein contained shall not be a waiver of such term, condition or
covenant, or any subsequent default of the same or any other term, condition or covenant
herein contained.
19. Notices. Any consents, approvals, permissions and notices shall be effective
and valid only if in writing mailed on or hand-delivered to:
a) If to the Lessor:
City Manager
100 N.W. 1st Avenue
Delray Beach, FL 33~?.~.
b) If to the Lessee:
President of Chamber of Commerce
64 S.E. 5th Avenue
Delray Beach, FL 33s.~.~.
20. Entire A~eement. This Lease constitutes all agreements, conditions and
understandings between Lessor and Lessee concerning the premises. All representations,
either oral or written, shall be deemed to be merged into this Lease. Except as herein
otherwise provided, no subsequent alteration, waiver, change or addition to this Lease shall be
binding upon Lessor or Lessee unless reduced to writing and signed by them.
IN WITNESS WttEREOF, the parties hereto have executed this Amended and
Restated Lease on the date first above written.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By: By:
City Clerk Mayor
Approved as to legal form and
sufficiency:
By:
City Attorney
CHAMBER OF COMMERCE OF
WITNESSES: DELRAY BEACH, FLORIDA
By: ,
Signature
Name printed or typed
(Corporate Seal)
Signature
Name printed or typed
CORPORATE ACKNOWLEDGMENT CERTIFICATE
State of Florida
County of
The foregoing instrument was acknowledged before me this day of
, 1997 by (name of officer or
agent, title of officer or agent) of (name of corporation
acknowledging), a (state or place of incorporation) corporation, on behalf
of the corporation. He/She is personally known to me or has produced
(type of identification) as identification and did (did not) take
an oath.
Signature of Notary Public - State
of Florida
Print, Type or Stamp Name of
Notary Public
cham~
8
Mr. Dave Ha~en, ~ty
Qty oi De.L,'ay
100 ~ ~ Avenue
~ Dav~
Fo~ up on ~ ~on ~t ~e ~b~Ws ~g ~on, I've ~ ~ow
~c a~~u: ~e ~~ ~ ~ ~ff V~d= Wo~ for ~e ~~ I~ at 76
5~ Av=uue.
We ~ve no ~n con~ (~ou~ we ~d ~ud one m I~, ~t we ~ ~t
~bI~ ~t wo~d ~ ~ m ba~ away ~m ~e ~j~ ~ey were: 1) We ~ov=
~t ~e cost of ~uo~g ~e ~~ ~d m~g d~ cod~ ~ ~i~e for ~. 2) We
~d we ~ply ~ot ~ ~d~nt ~ to do ~e ~ We ~ve done ~e
~y~ of ~e ~g md ~d ~e s~~ to ~ sold ~d wo~ muo~g. We
~~g we ~ be able m ~ ~d=ut mone7 to do ~ p~j~
I ~ ~ ~g you a ~ of ~e ~g ap~ ~t we ~d done by Ie~
~c~. ~ you ~ ~, ~e a~r ~ve ~e o~on ~t ~e ~et ~ue
~ ~,~. ~ V~d= Wo~ ~ou~ht ~e ap~ w~ low so we n~o~ ~e fogo~g
' 51~,~ for ~e ~g (~ ~)
' Qo~g on or about ~~ 31, 1~6"
* ~ y~ ~ ~-~ ~e ~e ~ace ~. V~der Wo~' office =u~y-
~~ (a~~tdy ~8 ~. ~ ~ ~e 6.W.
' A ~o y~ op~ ~ ~ ~ ~ con~ue ~ ~t ~ce at a ~t mm of ~
~ foo:
Dave, ~ t ~d~~ ~ ~po~ ~t we ~ve ~~, ~d of ~e ~ - ~e
wo~d now ~ ~e ~~ ~ ~. V~der Wo~ for ~e ~e ~ce a~d m. ~e
~mber world ~en I~ ~e ~ ~m ~e d~ for 56S,~ ~ ~e m= 1~
co~dde ~ ~e ~ we ~ve on ~e adjacent p~ at ~ SE 5~ Argue. We, of co~,
wo~d h~or ~e o~er ~ of ~e a~~t ~ ~. V~der
Dave, I ho~ ~ ~ ~ou~ m get s~ on. We ~d ~m to/eft V~der Wo~ ~t we
~ou~: we ~d ~ ~ ~ ~ =d of ~e y~.
S~y,
P~dent
'~ G~at~ D~y Bea~ ~b~ of Co~e~e, ~
~ A~ ~ Unit~ 5~ ~mb~ of ~m~ E~ibit A
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~f
SUBJECT: AGENDA ITEM # /~- REGULAR MEETING OF FEBRUARY 4, 1997
RESOLUTION NO. 6-97 AUTHORIZING THE COMMUNITY
REDEVELOPMENT AGENCY TO ISSUE BONDS
DATE: JANUARY 30, 1997
The Community Redevelopment Agency (CRA) has by motion and vote
approved the issuance of Redevelopment Revenue Refunding and
Improvement Bonds in the amount of $7,900,000.00 for the purpose
of financing and refinancing redevelopment projects as provided
for in the Community Redevelopment Plan.
Florida Statutes Section 163.345 provides that a resolution
authorizing the issuance of bonds by the CRA must be adopted by
the City Commission. Hence, Resolution No. 6-97 is before the
City Commission for a public hearing and consideration of
approval.
All statutory notification requirements have been met. Attached
is a copy of the CRA minutes pertaining to this matter. Closing
is to occur on February 5, 1997.
Recommend approval of Resolution No. 6-97.
ref:agmemol
RESOLUTION NO. 6-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF DELRAY BEACH TO
ISSUE REDEVELOPMENT REVENUE REFUNDING AND IMPROVEMENT
BONDS IN THE PRINCIPAL AMOUNT NOT TO EXCEED SEVEN
MILLION NINE HUNDRED THOUSAND DOLLARS ($7,900,000.00)
UPON TERMS HEREINAFTER DESCRIBED; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, by Ordinance No. 46-85 adopted by the City of
Delray Beach, the City Commission of the City of Delray Beach,
Florida, created the Delray Beach Community Redevelopment Agency; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, has been requested by Motion of the Board of Commissioners of
the Delray Beach Community Redevelopment Agency to authorize the
issuance of Redevelopment Revenue Refunding and Improvement Bonds, in
one or more series, pursuant to Section 163.385, Florida Statutes, in
the principal amount not to exceed Seven Million Nine Hundred Thousand
Dollars ($7,900,000.00), said Bonds to be sold at public or private
sale upon terms and conditions determined appropriate and acceptable
to the Delray Beach Community Redevelopment Agency; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, deems it appropriate and in the public's interest to
authorize and approve the issuance of Redevelopment Revenue Refunding
and Improvement Bonds by the Community Redevelopment Agency of the
City of Delray Beach in the principal amount not to exceed Seven
Million Nine Hundred Thousand Dollars ($7,900,000.00), in one or more
series, for the purpose of financing and refinancing those
Redevelopment Projects provided for in the duly adopted Community
Redevelopment Plan as the same exists from time to time.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. All of the above recitals are true and correct.
Section 2. That pursuant to Section 163.385, Florida
Statutes, the Delray Beach Community Redevelopment Agency is hereby
authorized to issue and sell at public or private sale Redevelopment
Revenue Refunding and Improvement Bonds, in one or more series, in the
principal amount not to exceed Seven Million Nine Hundred Thousand
Dollars ($7,900,000.00), for the purpose of financing and refinancing
those Redevelopment Projects provided for in the duly adopted
Community Redevelopment Plan as the same exists from time to time,
said Bonds to be sold upon the terms and conditions determined
appropriate and acceptable to the Delray Beach Community Redevelopment
Agency.
Section 3. The Delray Beach Community Redevelopment Agency
is hereby authorized to execute in its corporate capacity, in its
discretion, such documentation as it deems necessary and appropriate
to complete the issuance and sale of said Redevelopment Revenue
Refunding and Improvement Bonds to be issued for the purposes
described above.
Section 4. This Resolution shall take effect immediately
upon passage.
PASSED AND ~OPTED in regular session on this the 4th day of
February, 1997.
ATTEST:
- ~ Cit~ C~erk -
i - 2 - Res. No. 6-97
Community
Redevelopment
Agency
· Delray Beach
CERTIFICATION
I, CHRISTOPHER J. BROWN, do hereby certify that the attached is a true and correct copy
of an excerpt from the minutes, as the same was passed and adopted in regular session on January
9, 1997, by the Community Redevelopment Agency of Delray Beach, Florida.
IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the
Community Redevelopment Agency of Delray Beach, Florida, on this 10th day of January 1997.
Secretary
Community Redevelopment Agency
of Delray Beach, FL
SEAL
24 N. Swinton Avenue, Delray Beach, FL 33444 (561) 276-8640 / Fax (561) 276-8558
Excerpt from the minutes of the Community Redevelopment Agency Board regular meeting of
January 9, 1997:
Item 5e. Bond Update: Peter Czajkowski, financial advisor for the CRA, advised the Board
that he went out to bid to allow the CRA to fund an additional $2,000,000 in tax
exempt projects. Barnett Bank was the most flexible, and the interest rate is much
better than the AAA rating in today's market. The interest rates would be fixed,
prepayments can be made at any time, subordinated obligations are permitted, and
their will be no bank points, fees, or expenses. The closing would be set for January
30, 1997. Mr. Federspiel advised that the CRA would need to hold a special meeting
to approve a resolution then go to City Commission for approval. He also stated that
he would check the statutes but believes there is also a 15-day notification
requirement to be sent to the taxing authorities and perhaps a second City
Commission meeting. Mr. Czajowski will follow-up with Barnett Bank to see if
they would accept a letter of commitment under the terms they outlined for forty-
five days to allow for the approvals needed. Mr. Federspiel also stated that perhaps
a certified copy of the minutes of this meeting could replace a formal resolution.
Mr. Wi&man moved to approve a resolution of the Board to accept Barnett Bank's
January 7, 1997 proposal, attached to these minutes as Exhibit "A," for taxable bonds
not to exceed $1,390,000 at a fixed interest rate of 7.77% and tax exempt bonds not
to exceed $6,415,000 at a fixed interest rate of 5.18% subject to the approval of City
Commission, pursuant to Florida Statutes, Chapter 163, subject to the approval of
all loan documents, the bond counsel, Board counsel, and the CRA Board; Mr.
deBaptiste seconded. The motion was approved unanimously.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # /~- REGULAR MEETING OF FEBRUARY 4, 1997
FIRST READING FOR ORDINANCE NO. 6-97 (WEST SETTLERS
HISTORIC DISTRICT)
DATE: JANUARY 30, 1997
This is first reading for Ordinance No. 6-97 which establishes the
West Settlers Historic District and designates it to the Local
Register of Historic Places. The designation was initiated by the
Historic Preservation Board. A copy of the designation report is
attached.
The proposed West Settlers Historic District designation has been
reviewed and supported by the West Atlantic Avenue Association,
the Community Redevelopment Agency, the EPOCH Committee and many
of the affected property owners. The Historic Preservation Board
conducted a public hearing on this matter on January 22, 1997, and
voted unanimously to recommend approval.
Recommend approval of Ordinance No. 6-97 on first reading. If
passed, a public hearing will be scheduled for February 18, 1997.
ref:agmemo2
ORDINANCE NO. 6-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ESTABLISHING THE WEST
SETTLERS HISTORIC DISTRICT AS THE SAME IS MORE
PARTICULARLY DESCRIBED HEREIN; DESIGNATING THE WEST
SETTLERS HISTORIC DISTRICT TO 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 districts; and
WHEREAS, on February 7, 1996, the Historic Preservation
Board of the City of Delray Beach initiated the nomination of the
property hereinafter described for historic district 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 district designation on
January 22, 1997, and voted unanimously to recommend approval of the
West Settlers Historic District; and
WHEREAS, the City Commission of the City of Delray Beach has
conducted a duly noticed public hearing in regard to the historic.
district designation.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the legal description of the West Settlers
Historic District is as follows:
Commencing at the Point of Beginning, being the
northeast corner of Lot 1, Block 43, Town of Linton
(according to the plat thereof as recorded in Plat
Book 1, Page 3 of the Public Records of Palm Beach
County, Florida); thence run north along the
northerly extension of the east lot line of said Lot
1, to a point of intersection with the center line
of Martin Luther King, Jr. Boulevard (a.k.a N.W. 2nd
Street); thence west along said centerline to a
point of intersection with the northerly extension
of the west lot line of Lot 1, Melvin S. Burd's
Subdivision of the North Half of Block 19 (according
to the plat thereof as recorded in Plat Book 11,
Page 73 of the Public Records of Palm Beach County,
Florida); thence south along said northerly
extension to the northwest corner of Lot 1 of said
plat of Melvin S. Burd's Subdivision; thence
southerly along the west lot lines of Lots 1, 2, 3,
4, 5, 6, 7, and 8 of said plat of Melvin S. Burd's
Subdivision, to the southwest corner of Lot 8;
thence westerly along the westerly extension of the
south lot line of said Lot 8, to a point of
intersection with the west line of the east 153 feet
of Block 19 of said plat of the Town of Linton;
thence southerly along said westerly line of the
east 153 feet of Block 19 to a point of intersection
with the north line of the south 135 feet of said
Block 19; thence westerly along said north line to a
point of intersection with the west line of the east
165 feet of said Block 19; thence southerly along
said west line to a point of intersection with the
south line of said Block 19; thence in an easterly
direction to a point of intersection with the north
line of Block 20 of said plat of the Town of Linton
and the west line of the east 135 feet of said Block
20; thence southerly along the west line of the east
135 feet to a point of intersection with the south
line of the north 300 feet of said Block 20; thence
easterly along said south line and easterly
extension thereof to a point of intersection with
the centerline of N.W. 5th Avenue; thence southerly
along said centerline to a point of intersection
with the westerly extension of the centerline of the
east/west alley in Block 28 of the said plat of the
Town of Linton; thence easterly along said extension
and the centerline of the east/west alley in Block
28, and the easterly extension of said centerline,
to a point of intersection with the centerline of
the east/west alley in Block 36 of said plat of the
Town of Linton; thence easterly along the centerline
of the east/west alley in Block 36, and the easterly
extension of said centerline to a point of
intersection with the centerline of N.W. 3rd Avenue;
thence northerly along the centerline of N.W. 3~d
Avenue to a point of intersection with the
centerline of N.W. 1st Street; thence easterly along
the centerline of N.W. 1st Street, to a point of
intersection with the southerly extension of the
east lot line of Lot 8, Block 43, said plat of the
- 2 - Ord. No. 6-97
Town of Linton; thence northerly along said
southerly extension and the east lot lines of Lots
8, 7, 6, 5, 4, 3, 2 and 1, to the northeast corner
of Lot 1 in said Block 43, which is the Point of
Beginning.
Section 2. That the property described in Section 1. above
is hereby designated the West Settlers Historic District in accordance
with and under the provisions of Section 4.5.1 of the Land Development
Regulations of the City of Delray Beach, Florida.
Section 3. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of
City of Delray Beach, Florida, to show the historic designation, in an
overlay manner.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 5. 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 6. 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. 6-97
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DEPARTMENT OF PLANNING AND ]~ONING
/
FROM: PAT CAYCE, HISTORIC PRESERVATION PLANNER
SUBJECT: MEETING OF FEBRUARY 4, 1997
FIRST READING OF AN ORDINANCE TO DESIGNATE THE
WEST SETTLERS HISTORIC DISTRICT TO THE LOCAL
REGISTER OF HISTORIC PLACES.
The action requested of the City Commission is that of e.~.~roval on first reading
of an ordinance designating the West Settlers Historic District to the Local
Register of Historic Places.
The West Settlers Historic district has a high threshold of historical significance.
It is culturally m~aningful for its association with the pioneering African-American
families who helped to settle the City. Education and religion were the two most
important institutions in the early days of the neighborhood, a school, three
churches and a Masonic Lodge were all established within the district between
1895 and 1920. The neighborhood contains 53 structures, 23 of which have
historic status.
Many of the early dwellings in the district have been demolished by neglect, by
disinterested owners, and by the City itself. To insure that this neighborhood
remains intact for future generations and to help them understand and take pride
in the achievements of the early pioneers, it is essential to preserve the
remaining structures of the area. It is appropriate that this neighborhood be
listed in the Local Register of Historic Places for it is worthy of the protection and
special consideration afforded by that designation.
City Commission Documentation
West Settlers Historic District Designation
Page 2
The proposed district is located in an area north of West Atlantic Avenue and
south of N.W. 2nd Street approximately between N.W. 2nd Avenue and N.W. 6th
Avenue. The district map is attached.
The present zoning is General Commercial (GC); Community Facilities (CF); and
Residential (R-l-A).
Additional background and analysis is provided in the attached Designation
Report.
The Historic Preservation Board considered this item at a Public Hearing on
January 22, 1997 After discussion, the Board voted unanimously to recommend
historic designation to the City Commission.
By motion, approve the ordinance designating the West Settlers Historic District
to the Local Register of Historic Places
Attachments: West Settlers Historic District Boundary Map
West Settlers Historic District Designation Report.
file/u/ww/west-ccd
WEST SETTLERS
HISTORIC DISTRICT
DESIGNATION REPORT
HISTORIC PRESERVATION BOARD
DELRAY BEACH, FLORIDA
West Settlers Historic District
Designation Report
Page 2
DESIGNATION REPORT
WEST SETTLERS HISTORIC DISTRICT
TABLE OF CONTENTS
I. GENERAL INFORMATION
II. LOCATION MAP
III.DISTRICT INVENTORY
IV. ARCHITECTURAL SIGNIFICANCE
V. HISTORICAL AND CULTURAL SIGNIFICANCE
VI. STATEMENT OF SIGNIFICANCE
VII.BIBLIOGRAPHY AND SOURCES
Report prepared September 1996 by Vera Farrington, City of Delray
Beach Historic Preservation Board and Patricia Cayce, Historic
Preservation Planner, City of Delray Beach.
-2-
West Settlers Historic District
Designation Report
Page 3
I. GENERA[_ INFORMATION
Location: The West Settlers Historic District is bounded on the north by
Martin Luther King, Jr. Boulevard (N.W. 2nd Street). The eastern
boundary is as follows: the alley running north and south in Block 43;
N.W. 3rd Avenue between N.W. 1st Street and the east-west alley of
Block 36. The southern boundary is N.W. 1st Street between N.W. 3rd
Avenue and the alley in Block 43; the east-west alley in Block 36 and
Block 28 and the south property line of Lot 13, Block 20. The western
boundary is the north-south alley and the eastern 1/2 half of the block
south of the alley of Block 19; the north-south alley in the north half of
Block 20.
Present Zoning: General Commercial (GC); Community Facilities (CF);
Residential (R-l-A).
Classification for Designation: Cultural and Architectural Significance.
-3-
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· ST ST.
ATLANTIC AVENUE
POLICE COMPLEX SOUTH COUNTY
COURTHOUSE
FT. 40o
~ ' WEST SETTLEI~S HISTORIC DISTRICT
N LEGEND:
100 - HOUSE NUMBER NC - NON CONTRIBUTING 1..oi2~ - YEAR CONSTRuCTEO
~ STRUCTURE
OELRAY BE~C~. ~L
(NON CONTRIGUTINC STRUCTU~) STRuCTUR[ 80UNDARY
West Settlers Historic District
Designation Report
Page 5
II1. DISTRICT INVENTORY
The West Settlers Historic District is comprised of:
· Contributing Buildings 23
· Non-contributing Buildings 30
· Total Structures ............................. 53
The Contributing Building were constructed in:
· 1900-1909 2
· 1910- 1919 3
· 1920-1929 8
· 1930-1939 1
· 1940-1947 9
The Contributing Buildings represent the following architectural styles
· Mission Revival 1
· Bungalow 1
· Vernacular 18
· CommercialArt Moderne 1
· Commercial Vernacular 2
Two of the contributing buildings in the district are listed in the Local
Register of Historic Places:
1. The Solomon D. Spady House, 170 N.W. 5th Avenue (Block 19,
Lots 5, 6 and part of 7)
2. The Susan Williams House, 30 N.W. 3rd Avenue (Block 36, Lots 5
and 6)
Three of the noncontributing buildings are listed in the Local Register of
Historic Places as historic sites to commemorate the fact that, though the
original buildings no longer exist, the institutions have remained on their
'5-
West Settlers Historic District
Designation Report
Page 6
original sites. A small park, the site of the first school, is also designated
to the Local Register. The historic sites are as follows:
1. The Greater Mt. Olive Baptist Church was founded in 1896. The original
building, which was enlarged several times, no longer exists. However,
the present noncontributing building is located on the original site; 40
N.W. 4th Avenue. (Block 28, Lot 2).
2. St. Paul African Methodist Episcopal Church (established as Mt. Tabor in
1897) was organized in 1899, the first church was constructed on the site
in 1911. Largely demolished by the 1928 hurricane, the building has been
remodeled to its present noncontributing condition and is located on the
original site, 119 N.W. 5th Avenue (Block 27, Lot 5).
3. The Free and Accepted Masonic Lodge 275 was established in 1899.
The original building was constructed in 1904. The present
noncontributing building is located on the Lodge's original site, 85 N.W.
5th Avenue, (Block 28, Lot 1)
4. A small park, which is a locally designated historic site, is located on the
east side of N.W. 5th Avenue between West Atlantic Avenue and N.W. 1st
Street. The park commemorates the site of School No. 4 Delray Colored
which was accredited by the Dade County School Board (Palm Beach
County was part of Dade County until 1909) in 1895, and is named for its
first two teachers, B.F. James and Frances Bright. The school, which was
originally a thatched pavilion but by 1913 had become a substantial wood
frame structure, was demolished in 1947 when a new building was built
on the site of the Spady elementary school.
-6-
West Settlers Historic District
Designation Report
Page 7
IV. ARCHITECTURAL SIGNIFICANCE
As described in the district inventory, there is one house constructed in
the bungalow style; one in the Mission Revival; and one commercial
building constructed in the Art Moderne style. The balance of the
vernacular buildings are characteristic of the construction in the early
years of the City's African-American community. Usually of frame
construction on a pier foundation, the majority of the buildings have wood
siding and a composition shingle roof. A number of the original vernacular
structures were altered to incorporate elements of the bungalow style,
popular in the 1920s and 30s and elements of the Florida Ranch style of
the 1950s and 60s.
Many of the district's early vernacular buildings follow a linear
arrangement of rooms and doors from the front porch to the back door.
There is no hallway in this type of construction, the rooms open from one
to the next and culminate at the back porch or stoop. In northern Florida
as well as other parts of the south this type of construction had the front
and rear doors to one side of the building and is referred to as a "shotgun
house". However, the Delray version of this linear construction generally
has the front and back doors centered in the front and rear facades. It is
possible that this center door configuration took its inspiration from
northern Florida and Georgia log cabins which usually had the door
centered on the front elevation. Most of the early houses had a small
fireplace for heating. The cook stove and kitchen were in the rear room or
in a partially enclosed rear porch.
The fact that so many of these modest vernacular buildings survived the
vicissitudes of weather and time are a testimony and tribute to the integrity
of their builders. The following is a brief biography of two of the earliest
builders in the African-American community:
Isaiah Bruin
Isaiah Bruin was born in Quincy, Florida, a small town northwest of
Tallahassee. He migrated to Delray in 1909 and established himself as a
carpenter and builder. Shortly after his arrival he married Martha
Goldwire, also from Quincy. The Bruins had one child, a daughter named
Letha. Mr. Bruin was a founder and Deacon of the Primitive Baptist
Church which was established in 1914. When construction on the church
began in 1920, Mr. Bruin was called upon to complete all of the
woodworking in the building. A grandson, Raleigh Harris and grand
daughter, Lillie Terry still reside in Delray. It is interesting to note that, Mr.
Harris's son, Reginald Harris, the great grandson of Isaiah Bruin, is an
architect practicing in Lantana.
-7-
West Settlers Historic District
Designation Report
Page 8
Examples of Bruin's buildings can be found throughout the African-
community. Buildings in the district are as follows:
· 52 N.W. 3rd Avenue, Primitive Baptist Church.
· 30 N.W. 3rd Avenue, The Susan Williams House, listed in the Local
Register of Historic places.
· 125 N.W. 3rd Avenue, The Nelson House.
· 36 N.W. 4th Avenue, moved to present site; formerly the Mt. Olive
Parsonage.
· N.W. 4th Avenue, The Ola Strainge House
William Robinson
Born in 1879 in Yemasse, South Carolina, a small community northwest
of Beaufort, William Robinson migrated to Delray in 1901. As a young
man of twenty two, he started work as a share cropper but was soon able
to buy a horse and wagon and a plot of land at the northeast corner of
N.W. 1st Street and N.W. 4th Avenue. He began construction on his
residence, 317 N.W. 1st Street, in 1902 and by 1904 he had completed
three rooms surrounded on two sides by a large porch. A short time later
he returned to south Carolina where he married his childhood sweetheart,
Essie Mordecai, who accompanied him to Delray and the new house
which was waiting for her. He continued to farm, buying land to the west
of town. Meanwhile, during the non-farming season, and as his
knowledge of construction increased, he was asked to build houses for his
neighbors. As the Robinson family increased, they were to have eight
children all of whom were born in the house, Will Robinson continued to
enlarge the original homestead. It was one of the first houses in the
community to have electricity and running water, and later a telephone. In
the early 1920s a large room on the southwest corner of the building was
remodeled and enlarged to accommodate a grocery store which was run
by Essie and Will. As grocery stores became more numerous in the
community, the Robinsons converted it into a dry goods store which was
operated by George Coleman who became the first black mortician in
Delray Beach. The house was a social focal point of the community. It
was of such sturdy construction that it was designated an official hurricane
shelter by the Red Cross. The Red Cross supplied cots, blankets and
food and the hurricane victims were given shelter until they could return to
their homes.
-8-
West Settlers Historic District
Designation Report
Page 9
As the Robinson farm production became more prolific he constructed a
packing house on his property in 1918. The packing house, which was
remodeled into a dwelling, still stands at 315 N.W. 1st Street.
William and Essie Robinson were active and respected leaders in the
community. William served on the Board of Trustees of Mt. Olive
Missionary Baptist Church for most of his life and was active on its
building committee, his name is on the cornerstone of the church building.
V. HISTORICAL AND CULTURAL SIGNIFICANCE
In 1894 VVilliam Linton came to the area of what is now Delray Beach and
purchased 160 acres of untamed Florida wilderness from Captain George
Gleason. Shortly after his purchase Linton, returned to his home in
Saginaw, Michigan hoping to entice a group to follow him to Florida,
purchase land from him, and start a new town which he modestly named
Town of Linton. That same year a small group of black families from the
Panhandle of Florida arrived in the area, purchased land from Henry
Flagler's Model Land Company and settled west of the acreage bought by
Linton. Led by Fagen Henry and his wife Jane, these pioneering black
families persuaded other relatives and friends to join them in their
homesteading efforts. Linton returned the following year leading a small
party of white settlers to begin a new life in the wilderness. On arrival in
1895 they found that the black families had not only harvested a winter
crop, but had petitioned the County School Board to establish a school for
their children. It is interesting to note that following the Civil war and after
the end of Reconstruction in 1877 many railroads, extending into
unpopulated areas, encouraged African-Americans to purchase land and
found settlements along their rights-of way which often extended several
miles on either side. Undoubtedly, Fagen Henry and his early group were
familiar with the practice and were aware that land could be bought from
Flagler's Model Land Company. They must have also been aware of the
"land set aside" program that the Model Land Company gave for cultural
and religious organization, as the deed for the land for Mt. Olive church
states that the property was purchased from the company for $1.25.
As the small settlement grew, African-Americans came to the area from
north and west Florida as well as from Georgia and South Carolina. They
were drawn to the settlement for several reasons; the opportunity to
purchase land and to farm the winter vegetables which produced cash
crops to enhance their small subsistence home plots was one incentive.
The other incentive to migrating to the area was that the black families
could take advantage of the employment opportunities created by the
rapidly expanding white community to the east.
-9-
West Settlers Historic Distdct
Designation Report
Page 10
Education and religion were the two most important institutions in the
early days of the neighborhood. The school, three churches and the
Masonic Lodge were all established within the West Settlers Historic
District between 1895 and 1920. It is important to note that though many
of the descendants of the neighborhood have moved away from the
immediate area, they support the religious institutions of their youth. The
churches within the historic district continue to grow in membership,
supported by those who reside in the neighborhood and by those who
have left but feel cultural and religious ties to the established institutions.
Mt. Olive has recently completed an extensive addition and St. Paul AME
has approved plans for a sizable expansion. This personal and financial
commitment reinforces the historic and cultural significance of the historic
district.
In addition to the formal religious and cultural institutions, the district was
a center of residential and commercial activity. A few examples the latter
are noted below as a nostalgic reminder of the district's past.
· The La France Hotel, built in 1947 to accommodate African-
American musicians and entertainers, was the only hotel in the in
the segregated City to receive black guests.
· Edmond's Barber Shop, has been in the same location for many
years, though the original building was torn down.
· Tressie's Beauty Shop, located in a 1947 building on N.W. 3rd
Avenue, has been a neighborhood fixture for many years.
· A croquet court, which was the scene of lively competition between
nearby towns, and is now part of Mt. Olive's parking lot, is
remembered by many residents.
· Many of the African-American community leaders lived or owned
property within the district. Solomon David "Prof" Spady and his
wife Jessie lived until retirement on N.VV. 5th Avenue. Althea
Blakley, whose teaching career spanned 40 years, also lived on
N.W. 5th Avenue. Will and Essie Robinson, Fagen Henry, the
Green family and many others were residents and landowners of
the district.
VI. STATEMENT OF SIGNIFICANCE
This district should be assessed for its historical significance which
perhaps weighs more heavily that its architectural importance. Many of
the structures rank Iow in the history of architectural achievement,
West Settlers Historic District
Designation Report
Page 11
however the district has a high threshold of historical significance. It tells
an important story of life in the early African-American community. If we
are to tell the history of our community we must recognize that historic
areas are as important as structures. Work, domestic, religious and social
life, the cultural foundations of the neighborhood, are an integral part of
this district's history. It is important to recognize the part that segregation
of the races played in the development, both physically and culturally, in
the history of this neighborhood and of the City as a whole.
The district is significant for its association with the pioneering African-
American families who helped to settle the City. Despite racial
segregation, their commitment to the success of the City was remarkable
and deserves recognition. For example in the first election held after the
Town of Delray was incorporated in 1911, a prominent land owner and
African-American, George H. Green ran for the City Commission, and
though defeated, garnered 16 votes out of total of 56 votes cast.
Many of the early dwellings in the district have been demolished by
neglect, by disinterested owners, or by the City itself. To insure that this
neighborhood remains intact for future generations and to help them
understand and take pride in the achievement of these early pioneers, it is
essential to preserve the structures of the area. It is appropriate that this
neighborhood be listed in the Local Register of Historic Places for it is
worthy of the protection and special consideration afforded by that
designation.
Criteria for Designation
To qualify as an historic district the properties must fulfill one or more of
the criteria set forth in Section 4.5.1(B)(2) or (3) The proposed district
more than meets the criteria for designation and fulfills the qualifications
as follows:
4.5.1(B)(2) Historical or Cultural Significance
(d) Exemplifies the historical, political, cultural, economic, or social trends
of the community in history.
(e) Is associated in a significant way with a past or continuing institution
which has contributed substantially to the life of the City.
4.5.1(B)(3) Architectural or Aesthetic Significance
(a) Portrays the environment in an era of history characterized by one or
more distinctive architectural styles.
West Settlers Historic District
Designation Report
Page 12
(b) Embodies those distinguishing characteristics of an architectural style,
period, or method of construction.
West Settlers Historic District
Designation Report
Page 13
IV. BIBLIOGRAPHY AND SOURCES
City Building Cards
City Building Permit Records
Palm Beach County NAL File
Sanborn Fire Insurance Maps, 1922-1926-1949
Voters Registration, Town of Delray, 1911
Minutes of the Town of Delray Council, September 4, 1911
Oral History:
Alice Muse McCray, 1995 and 1996
Essie Robinson, 1995 and 1996
Michael Zimny, Florida Heritage Magazine, Spring 1996, Tallahassee.
Zora!. Publication of the Orlando Sentinel Communications Company,
Orlando 1991
Lauther, Olive Chapman, The Lonesome Road, Center Printing Co.,
Miami 1963
Connection: African-American History. and CRM. CRM (US Cultural
Resources Management) Volume 19 November 2 1995
U/cayce/westset
CITY OF DELRI:I-¥ BEItI:H
CITY I~,~ ~,'
CiTY ATTORNEY'S OFFICE 300 W ATLANTIC AVENUE ' DELRAY BEACH, FLORIDA 33444
TELEPHONE 407/243-7823 · FACSIMILE 407/243-7816
~ POLICE LEGAL ADVISOR
Ali.America City
7993 TO: David Harden, City Manager
FROM: Eric D. Hightower, Police Legal Advisor
DATE: January 17, 1997
SUBJECT: Amendments to Chapter 37, Code Enforcement Ordinance
Attached for your review and submission to the City Commission is the proposed
amendments to the Code Enforcement Ordinance. In sum, the amendments
allow code officers to issue Notices to Appear in County Court for code
violations. Also, the Code Enforcement Board will be allowed to assess
enforcement fees upon repeat violators even if the repeat violation is corrected
prior to the scheduled hearing. These amendments are authorized by F.$.
162.06 and 162.23 which were enacted in 1996.
If you find these changes acceptable, please place them on the Commission
Agenda at your earliest convenience. Feel free to contact me if I can be of
further assistance in this matter.
EDH:Ibg
c: Susan Ruby, City Attorney
Lula Butler, Director of Community Improvement
Prm!e2 ~n P,e~yc,~ed Pap.~r
ORDINANCE NO. 5-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 37, "DELRAY
BEACH CODE ENFORCEMENT", OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH BY AMENDING SECTION
37.03, "DEFINITIONS", TO PROVIDE FOR A DEFINITION
FOR NOTICE TO APPEAR; AMENDING SECTION 37.36,
"INITIATION OF ENFORCEMENT PROCEDURES", SUBSECTION
(E), TO PROVIDE THAT THE CODE ENFORCEMENT BOARD
RETAINS THE RIGHT TO SCHEDULE A HEARING AND IMPOSE
REASONABLE PAYMENT OF ENFORCEMENT FEES UPON REPEAT
VIOLATIONS EVEN IF THE REPEATED VIOLATION IS
CORRECTED PRIOR TO THE SCHEDULED HEARING, AND BY
ENACTING NEW SUBSECTIONS (F) AND (G) TO PROVIDE
CODE ENFORCEMENT OFFICERS WITH THE AUTHORITY TO
ISSUE NOTICES TO APPEAR IN COUNTY COURT FOR CODE
VIOLATIONS AND PROVIDING PROCEDURES FOR THE
ISSUANCE OF NOTICES TO APPEAR BY CODE ENFORCEMENT
OFFICERS; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Section 37.03 of the City Code provides for
definitions as it pertains to the City codes and ordinances which
promote the health, safety and welfare of the citizens of the City;
and
WHEREAS, Section 37.36 of the City Code provides for
procedures for the enforcement of the City's codes and ordinances to
promote the health, safety and welfare of the citizens of the City;
and
WHEREAS, the State Legislature has enacted state statutes
that authorize municipal code enforcement boards to schedule hearings
and impose payment of reasonable enforcement fees upon repeat
violators even if the repeat violation is corrected prior to the
scheduled hearing; and
WHEREAS, the State Legislature has enacted state statutes
that authorize municipal code enforcement officers to issue Notices
to Appear in County Court to assist in the enforcement of municipal
codes and ordinances; and
WHEREAS, the City Commission desires to incorporate state
law into its Code of Ordinances to allow for the full range of
municipal code enforcement powers as authorized by state law to
promote the health, safety and welfare of its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELP~AY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title III, "Administration", Chapter 37,
"Delray Beach Code Enforcement", Section 37.03, "Definitions", of the
Code of Ordinances of the City of Delray Beach, Florida, be and the
same is hereby amended to read as follows:
Section 37.03 DEFINITIONS.
For the purpose of this chapter the following definitions
shall apply unless the context clearly indicates or requires a
different meaning.
"BOARD". The Code Enforcement Board of the City.
"CITY ATTORNEY". The City Attorney or Assistant City
Attorney.
"CITY COMMISSION". The legislative body of the City.
"CODE ENFORCEMENT OFFICERS" or "BUILDING/CODE ENFORCEMENT
OFFICERS" Those employees or other agents of the City designated by
ordinance or duly authorized and appointed by the City Manager, whose
duty it is to enforce City codes and to present code violations to
the Code Enforcement Board.
"CODES." The chapters of this code of ordinances described
in Sec. 37.02 above.
"NOTICE" or "WRITTEN NOTIFICATION". Notice shall be
provided to the alleged violator by certified mail, return receipt
requested, by hand delivery, by the Sheriff or other Law Enforcement
Officer, Code Inspector or other person designated by the local
governing body; by leaving notice in the violator's usual place of
residence with any person residing therein who is above the age of 15
years of age and informing such person of the contents of a notice or
at the option of the Code Enforcement Board by publication pursuant
to F.S. Section 162.12(2). In lieu of publication, such notice may
be posted for at least ten (10) days in at least two locations, one
of which shall be the property upon which the violation is alleged to
exist and the other of which shall be at City Hall.
(~n. Ord. No. 99-94, passed 1/3/95)
"NOTICE TO Ai~PEAR". A notice to appear means a written
order issued by a code enforcement officer in lieu of physical arrest
requiring a person accused of violating the law to appear in a
designated court or governmental office at a specified date and time.
- 2 - Ord. No. 5-97
"REPEAT VIOLATION". A violation of the provision of any
code or ordinance by a person whom the Code Enforcement Board has
previously found to have violated the same provision within five
years prior to the violation.
"VIOLATOR". The person responsible for the code violation,
which in the appropriate circumstances shall be the perpetrator of
the violation or the owner of the real property upon which the
violation occurred, or both.
('80 Code, Sec. 2-103) (Ord. No. 78-79, passed 12/10/79; Am. Ord.
No. 51-82, passed 8/24/82; Am. Ord. No. 81-89, passed 12/5/89;
Am. Ord. No. 99-94, passed 1/3/95)
Section 2. That Title III, "Administration", Chapter 37,
"Delray Beach Code Enforcement", Section 37.36, "Initiation of
Enforcement Procedures", of the Code of Ordinances of the City of
Delray Beach, Florida, be and the same is hereby amended to read as
follows:
Section 37.36 INITIATION OF ENFORCEMENT PROCEDURES.
(A) It shall be the duty of the Code Enforcement Officer
to initiate enforcement proceedings of the various codes. However,
no member of the Code Enforcement Board shall have the power to
initiate such enforcement proceedings.
(B) Except as provided in paragraph (C) and (E), if a
violation of the codes described in Sec. 37.02 is found, the Code
Enforcement Officer shall notify the violator and give him a
reasonable time to correct the violation. Should the violation
continue beyond the time specified for correction, the Code
Enforcement Officer shall notify the Code Enforcement Board and
request a hearing. The Board, through its clerical staff, shall
schedule a hearing, and written notice of such hearing shall be
hand-delivered or mailed as provided by this chapter to the
violator. If the violation is corrected and then recurs, the
case shall be presented to the Board even if the violation has
been corrected prior to the Board hearing, and the notice shall
so state.
(C) If the Code Enforcement Officer has reason to believe
a violation or the condition causing the violation presents a serious
threat to the public health, safety, and welfare, he sha'll make a
reasonable effort to notify the violator and may immediately notify
the Board and request a hearing.
(F.S. Section 162.06) (Am. Ord. No. 99-94, passed 1/3/95)
- 3 - Ord. No. 5-97
(D) Fire prevention code violations. If the violation
arose under Chapter 96, the Code Enforcement Officer or the Chief of
the Fire Department may, at his option, either proceed under this
chapter or pursuant to the authority and procedures set forth in
Chapter 96. Nothing in this chapter shall be construed or applied to
limit the authority of the Chief of the Fire Department or of any
fire marshal or fire inspector to proceed pursuant to Chapter 96.
(E) If a repeat violation is found, the Code Enforcement
Officer shall notify the violator but is not required to give the
violator a reasonable time to correct the violation, and may
immediately issue a citation. The Code Enforcement Officer, upon
notifying the violator of a repeat violation, shall notify the
Code Enforcement Board and request a hearing. The Code
Enforcement Board, through its clerical staff, shall schedule a
hearing and shall provide written notification to the violator.
The case may be presented to the Code Enforcement Board even if a
repeat violation has been corrected prior to the Board's hearing
and the notice shall so indicate. If the repeat violation has been
corrected, the Code Enforcement Board retains the riqht to schedule ~
hearinq to determine costs and impose the payment of reasonabl~
enforcement fees upon the repeat violator. The repeat violator may
~hoose to waive his or her riqhts to this hearinq and pay said costs
as determined by the Code Enforcement Board.
.(FI Notwithstandinq Section 37.36(B/, a Code Enforcemenl
?fficer ma issue a ~ at an hearin conducted_~y__~
Count Court if th~ officer based u on ersonal investi ation has
reasonable cause to believe that the erson has viol______ated__a code or
ordina_______nce. If a erson issued a notice to a ear under this section
refuses to si n such notice the code enforcement officer has no
authorit to arrest such~
~G) Prior ~ iss~n a notice to a ear a ~
enforcement~ffice-~--~s~ll ..... ~ ........ ~ _ code
a~ that
establish a rea~ble time eriod ~ __ ~
erson muse
~re~t the violation. ~iod shall be no fewer than fi
.5 da s and no mor~ than thlrt 30 da s. If u on ers~-a~
mnvesti ation a code enforcement officer finds that the erson has
not corrected the violation within the rescribed time eriod a code
enforcement officer ma issue a notice to a ear to the erson who
has committed the violation. A code enforcement officer is not
re uired to rovide the erson with a reasonable time eriod to
correct the violation rior to issuin a notice to a ear and m_~D~Z
tion is found
' liev --or
vi~ renus h~=~ ~ ~ ...... e that the
- ~ xz une v~o~an~on is irre arable or irreversible.
- 4 Ord. No. 5-97
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 all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 5. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
readin9 on this the day of , 1997.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
5 - Ord. No. 5-97
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # /~- REGULAR MEETING OF FEBRUARY 4, 1997
FIRST READING FOR ORDINANCE NO. 7-97 (WALLS, FENCES AND
HEDGES)
DATE: JANUARY 31, 1997
This is first reading for Ordinance No. 7-97 which amends Section
4.6.5 of the Land Development Regulations concerning walls, fences
and hedges. This amendment has been though several drafts since
1995. It is now proposed with language which restricts the height
of walls, fences and hedges to three feet in areas where they are
deemed to create a sight obstruction. The amortization provision
has been removed.
Other changes include the addition of language which requires
chain link fences located in front or street side yards to be
either black or green vinyl coated or be screened by hedges, and
requires all fences which are greater than 75% opaque to be
screened by hedges. A provision is added to allow the height of
walls, fences and hedges to be measured from the natural grade of
the ground. Also, setback and landscape requirements are
provided.
The Planning and Zoning Board considered the amendment at a public
hearing on January 27, 1997. After discussion, the Board voted
unanimously to recommend approval of the amendment with the
language contained in the attached ordinance.
Recommend approval of Ordinance No. 7-97 on first reading. If
passed, a public hearing will be scheduled for February 18, 1997.
ref:agmemol0
ORDINANCE NO. 7-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.5,
"WALLS, FENCES, AND HEDGES", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELP~AY BEACH, TO RESTRICT
THE MAXIMUM HEIGHT OF WALLS, FENCES AND HEDGES WHERE
THEY ARE DEEMED TO CREATE A SIGHT OBSTRUCTION;
PROVIDING A MEASUREMENT METHOD FOR HEIGHT;
RESTRICTING THE USE OF CERTAIN FENCE TYPES IN FRONT
AND STREET SIDE YARDS UNLESS SCREENED BY HEDGING;
PROVIDING SCREENING REQUIREMENTS FOR MASONRY WALLS;
PROVIDING FOR SETBACKS AND LANDSCAPING; 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 subject matter at its meeting of January 27,
1997, and has forwarded the change with a unanimous 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 change is consistent with and furthers 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 '
4.6, "Supplemental District Regulations", Section 4.6.5, "Walls,
Fences, and Hedges", of the Land Development Regulations of the City
of Delray Beach, Florida, be, and the same is hereby amended to read
as follows:
Section 4.6.5 Walls, Fences, and Hedges
(A) Relationship to travelways: ~/~alls, fences, hedges,
or similar structures shall not be erected in the public right-of-way
nor close to the public right-of-way in a manner which ~ /¢~
E~~/~~%~ will obstruct visibility or otherwise interfere
with the proper flow of vehicular traffic, pedestrian safety, or the
provision of services. Where deemed to create a siqht obstruction,
fences, hedges and walls shall be maintained at a heiqht not exceedinq
three feet. On corner lots and at points of access, additional
restrictions requirinq provision of adequate siqht triangles are
provided in Section 4.6.14(A).
(B) Dangerous features: No walls, fences or hedges shall
contain any substance such as, but not limited to, barbs, broken
glass, nails or spikes, nor shall anv fence be electrically charged.
However, two feet of barbed wire may be placed upon a six foot or
higher fence in nonresidential zone districts.
(C) Height Restrictions: ~ /~all~, fence~ or hedge~
located in a required front yard or street side yard shall not exceed
six feet (6') in height. ~/~all~, fence~ or hedge~ located in a
required interior side cr rear yard shall not exceed eight feet (8')
in height. Such height is further regulated by subsection (A), above.
For the purpose of this section, height is to be measured from the
undisturbed (natural) grade of the ground adjacent to the exterior of
the fence, wall or hedge.
(D) Fence Types: Chain link fencing located in the front
and street side yards shall be black or green vinyl coated, unless
screened by hedging which is to be maintained at the full height of
the fence. Fencing that is greater than 75% opaque and located in
front and street side yards shall also be screened by hedging which is
to be maintained at the full height of the fence.
(E) Masonry Walls: Masonry walls located in the front and
street side yards shall be screened by landscape material that is to
be maintained at a minimum height equal to half of the height of the
wall. Landscape materials must be of the type that will reach the
required height within two years of planting.
(F) Setbacks: Fences and walls which are required to be
landscaped shall be set back a minimum of two feet (2') from the '
property line to provide adequate area for vegetation to mature.
Additional restrictions with respect to setbacks are provided in
Section 4.6.16(3) (a).
(G) Landscaping: All required landscape materials shall be
as approved by the City Horticulturist and shall comply with
~pDlicable provisions of Section 4.4.16.
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.
- 2 - Ord. No. 7-97
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 , 1997.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 3 - Ord. No. 7-97
TO: DAVID T. HARDEN
DEPARTMENT OF PLARNING AND ZONING
~ROM: PAUL. ~ORLING, ~INCIPAL P~NNE~
SUBJECT: CITY COMMISSION MEETING OF FEBRUARY 4,1997
AMENDMENT TO LDR SECTION 4.6.5 FOR WALLS, FENCES, AND
HEDGES.
The action requested of the City Commission is approval of an amendment to Section
4.6.5 of the Land Development Regulations (LDRs) Walls, Fences, and Hedges.
......... ~' '~ ,,',' i':':'":'":':': ':':';':': :.'.:.:.;.;~;.:.:.:.;.:.; ;.:.::.:.;.;.:.:.:.'.:.:-:.:.....:.....:.:.:.:.:.:.:.:.:.:.....-:;.; ;.;.;::.;.;;::;:;';::::.;:;:;: :: :.:.:.:.:::: :::::::::::..:::::::::::::::::::::::::::::::::::::::; ::i:i:!:i:i:i:~:~:~:!:~:~:~:~:i:!:i:!:i:i:i:i:i:i:i:i:!:!:i:!:!:!:i:i:i:!:!:!:!:!:!:;:;~!:i:i:i:ii~:!:!:i:i:~:i:i:!i~!!ii~?ii!:!:i:i!i!!i!i~i~!~;;[~;;i iiii!ilili~iiiii~:,ii iii!: i¥;i i: i :, I
The proposed amendment adds language which restricts fences, hedges, and walls to
three feet in areas where they are deemed to create a sight obstruction. Additional
reference is made to restrictions which require provision of sight triangles for corner lots
and mid block accessways under Section 4.6.14(A). The amendment adds language
which requires chain link fences located in the front and side street yards to be either
black or green vinyl coated, or be screened by hedges, and requires all fences which
are greater than 75% opaque to be screened by hedges.
The amortization language added by the Planning and Zoning Board in its prior
consideration of the LDR amendment has been removed in its entirety. The City
Commission had considerable concern and discussion with respect to the proposed
language which would have allowed non-conforming situations to continue until the
year 2000. The City Commission's position was that if existing situations were
identified as a sight obstruction they are a hazard and should not be legitimized for any
period of time.
City Commission Documentation
Amendment to LDR Section 4.6.5. for Walls, Fences, and Hedges
Page 2
The current amendment also adds language which will allow the height of walls, fences
and hedges to be measured from the undisturbed (natural) grade of the ground
adjacent the exterior of the wall, fence or hedge. This simplified measurement method
will reduce the need for expensive topographic surveys and will make it easier for
building inspectors to measure the facilities in the field.
The Planning and Zoning Board considered the amendment at a public hearing on
January 27, 1997. No one from the public spoke in favor or opposition to the changes.
The Board had significant discussion relating to the screening of fences within the front
and side street yards and recommended the following language be added to the
amendment:
· That the initial reference to the requirements to screen board-on-board and shadow
box fences in the front and side street yards be expanded to include any fences
which are greater that 75% opaque.
· That non-vinyl chain link fences be allowed in the front and side street yards if
screened by hedging which is to be maintained at the full height of the fence.
· That masonry walls in the front and side street yards be screened with landscaping
which shall grow to a minimum of 50% screening within two years of planting.
· That fences and walls which are to provide landscaping shall be setback a
minimum of 2' from the property line to provide adequate area for vegetation to
mature.
The Board's recommendations have been incorporated in the attached amendment.
By motion, approve the attached amendment to Section 4.6.5. (Walls, Fences, and
Hedges).
Attachments:
· LDR amendment Section 4.6.5
Section 4.6.5 Walls. Fences, and Hedges:
(A) Relationship to travelways: Nc Walls, fences, hedges, or similar
structures shall not be erected in the public right-of-way nor close to the public right-of-
way in a manner which +~,...,,... r, ;+,,.. ,.~ -,,~,,,----.~""; .... '~"*""'"""""........,.,,,,.~ will obstruct visibility or otherwise
interfere with the proper flow of vehicular traffic, pedestrian safety, or the provision of
services. Where deemed to create a sight obstruction fences, hedges and walls shall
be maintained at a height not exceeding three feet. On corner lots and at points of
access additional restrictions requiring provision of adequate sight triangles are
provided in Section 4.6.14 (A).
(B) Dangerous features: No walls, fences, or hedges shall contain any
substance such as, but not limited to, barbs, broken glass, nail, or spikes nor shall any
fence be electrically charged. However, two feet of barbed wire may be placed upon a
six foot or higher fence in nonresidential zone districts.
(C) Height Restrictions: Ae, y wWalls, fences, or hedges located in a
required front yard or side street yard shall not exceed six feet (6') in height. ARy-w
Walls, fences, or hedges located in a required interior side or rear yard shall not exceed
eight feet (8') in height. Such height is further regulated by subsection (A), above. For,
the pu .rpose of this section, height is to be measured from the undisturbed (natural)
grade of the ground ~djacent to the exterior of the fence, wall or.hedge,
(D) Fence Types: Chain link fencing located in the front and side street
yards shall be black or green vinyl coated, unless screened by hedging whiq, h i~ tO be
maintained at the full height of the fence. Fencing that is greater than 75% opaque and
located in front and side street yards shall also be screened by hedgirlg which is to be
maintained at the full height of the fence.
(E) Masonry_ Walls: Masonry. walls located in the front and side street yards
shall be screened by landscape material that is to be maintained at a height equal to
half of the height of the wall. Landscape materials must be of the type that will reach
the reauired height within two years of planting.
(F) Setbacks: Fences and walls which are required to be landscaped shall
be set back a minimum of 2' from the property, line to provide adequate. ~rea for
vegetation to mature. ,Additional restrictions with respect to setbacks are provided in
Section 4.6.16 (3) (a).
(G) Landscaping: All required landscape materials shall be as approved by
the City_ Horticulturist. and shall comply with applicable provisions of Section 4.4.16.
TO: DAVID T. HARDEN, CITY MANAGER ~ /~- c~-~
FROM: DIANE DOMINGUEZ, DIRECTOR OF PLANNING AN~ING ~/~/c~?
SUBJECT: MEETING OF FEBRUARY 4, 1997
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS,
SECTIONS 2.4.2(B) and 2.4.6(O), REVISING THE PROCEDURES FOR
PROCESSING ABANDONMENT OF RIGHTS-OF-WAY
The action requested of the City Commission is that of approving amendments to
Sections 2.4.2(B) and 2.4.6(0) of the Land Development Regulations, revising
the procedure by which public rights-of-way may be abandoned.
Abandonment of surplus right-of-way conveys benefits on both the abutting property
owners and the public. The land owners gain full use and control of the property. The
public gains benefits in that the property abandoned is returned to the tax rolls, and the
City is no longer responsible for maintenance.
The current abandonment procedure requires that all property owners abutting the
right-of-way must execute the request for abandonment. City Commission approval is
in the form of a resolution, consummated by a replat of the properties involved. This
procedure can be costly and time-consuming for private petitioners, and does not lend
itself to publicly initiated abandonments, or requests involving longer sections of right-
of-way in developed areas, such as an entire block of unimproved alley.
The procedure for right-of-way abandonment should be streamlined and simplified
through the following:
· Replacing the requirement for abutting property owners to join in the application
with a requirement for notification of those property owners by certified mail.
· Addition of a public hearing before the Planning and Zoning Board.
· The ability to consummate the abandonment by recording the adopted City
Commission resolution.
/02.
City Commission Documentation
Amendment to the LDRs, Sections 2.4.2(B) & 2.4.6(0), Revising
the Procedures for Processing Abandonment of Rights-of-way
Page 2
The proposed amendments to the Land Development Regulations are attached to this
report.
On January 27, 1997, the Planning and Zoning Board held a public hearing on the
proposed amendments. There was no public testimony regarding the item. The Board
expressed some concern regarding the length of the notification period to abutting
property owners (10 days prior to the P & Z Board hearing). After discussion the Board
voted 7-0 to recommend that the City Commission approve the amendments as
proposed. Staff has since revisited the notification requirement, and agrees that since
an abandonment involves an assumption of certain obligations by abutting property
owners, a longer notification period is appropriate. The amendment has been revised
to require that notices be sent by certified mail 20 days prior to the P & Z hearing.
By motion, approve on first reading the amendments to Sections 2.4.2(B) and 2.4.6 (O)
of the Land Development Regulations, as contained in the attached staff report.
Attachment:
· Proposed amendments
S:~adv\ROW6
January 29, 1997
ORDINANCE NO. 8-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.2,
"NOTICE REQUIREMENTS", AND SECTION 2.4.6(O),
"ABANDONMENT OF RIGHTS-OF-WAY", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH,
TO REVISE THE PROCEDURE BY WHICH PUBLIC
RIGHTS-OF-WAY MAY BE ABANDONED; 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 subject matter at a public hearing on
January 27, 1997, and has forwarded the change 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 change is consistent with and furthers 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 Two, "Administrative Provisions",
Article 2.4, "General Procedures", Section 2.4.2, "Notice
Requirements", Subsection 2.4.2(B), "Public Hearing Requirements",
subparagraph 2.4.2(B) (1), "Notice", of the Land Development .
Regulations of the City of Delray Beach, Florida, be, and the same is
hereby amended by enacting a new sub-subparagraph 2.4.2(B) (1) (i),
"Right-of-Way Abandonments", to read as follows, and providing for the
alphabetical relettering of the remainder of the subparagraph:
(1) Notice: All public hearings shall be noticed through
letters to property owners, legal advertisements, or display
advertisements as set forth below:
(i) Riqht-of-Way Abandonments: The City shall notify
all abuttinq property owners by certified mail.
Said notice shall be mailed no later than twenty
(20) calendar days prior to the public hearinq
before the Planninq and Zoninq Board. The notice
shall describe the property to be abandoned and
shall qenerally describe the obliqations that will
accrue to the property owners if. the abandonment
is approved. The City shall also provide notice
of the public hearinq before the Planning and
Zoninq Board to the owners of all property located
within five hundred feet (500') of the perimeter
of the property which is to be abandoned. Said
notice shall be mailed no later than ten (10)
calendar days prior to the public hearinq before
the Planninq and Zoning Board. In addition, a
public notice shall be published in the leqal
section of a newspaper and shall appear no later
than ten (10) calendar days prior to said public
hearinq before the Planninq and Zoninq Board.
Other Public Hearings: All other public hearings
required in the implementation or amendment of
these Land Development Regulations shall be
advertised in the legal section of a newspaper at
least ten (10) days prior to the hearing.
Concurrent Notice: When it is necessary to
provide a letter notice of a public hearing for
multiple hearings before one or more bodies, said
notice may be combined within a single letter.
.(1) ~y Form of Notice: Any notice for a public hearing,
whether advertisement or letter, shall, at a
minimum, contain the following:
* Date of the public hearing
* Purpose of the public hearing
* Location of the property which is the subject
of the hearing
* Identification of the location of information
about the subject of the public hearing
(m) ~ Newspaper Preference: There is no legislative
preference pertaining to the publication of
required notices provided that the newspaper is
published at least five days per week.
(n) ~ Establishment of Mailing List: Whenever notice is
to be provided by a letter, the owners of property
to be notified shall be considered to be those
recorded on the latest official county tax roll.
A list of such owners along with their mailing
- 2 - Ord. No. 8-97
addresses shall be provided as a part of the
development application and shall be accompanied
by an affidavit stating that to the best of the
applicant's knowledge, the list is complete and
accurate. The list shall be accompanied by a
drawing showing all property lying within five
hundred feet (500') of the property under
consideration, and mailing labels that would
include the property owners name and mailing
addresses.
(o) ~y Change in Project: During the course of
processing, a development request which requires
public hearing notice may be changed by the
applicant without requiring renotice, provided
that:
* The change is not to a new zoning designation
which is deemed as to accommodate more
intensive use; or
* The change does not allow the introduction of
a new type of use or another use which, in
and of itself, is subject to a public
hearing.
Section 2. That Chapter Two, amlnlstrative Provisions"
Article 2.4, "General Procedures", Section 2.4.6, "Procedures for
Obtaining Permits and Approvals", Subsection 2.4.6(0), "Abandonment of
Rights-of-Way", of the Land Development Regulations of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
(0) Abandonment of Rights-of-Way:
(1) Rule: Public right-of-way may be abandoned
(returned) to the fee description of adjacent property to the same
degree in which it was originally obtained i.e. property dedicated
exclusively from a single parcel shall be returned to that parcel;
property dedicated through subdivision shall be divided at the center
line and returned equally to abutting parcels. Abandonment of
right-of-way may be granted by a formal resolution enacted by the City
Commission.
(2) Required Information:
(a) An application form as promulgated by the
City Engineer.
- 3 - Ord. No. 8-97
(b) A survey of the property which is to be
abandoned with said survey showing all
improvements (including utility locations)
which are within or immediately adjacent to
the property to be abandoned; and including
adjacent property lines and identification of
property owners and business located thereon.
A mailinq list containinq the information
described in Section 2.4.2(B) (1) (m).
(3) Procedure: Upon receipt of the above information,
the following procedures shall be followed under the direction of the
City Engineer:
(a) Certification that the submittal is complete
and accurate;
(b) Distribution of the application and survey to
all utilities who have or may have facilities
within the right-of-way or adjacent to it;
(c) Distribution to appropriate City departments
who may have an interest in the property
Fire Department, Police Department, Parks and
Recreation Department;
(d) Notification pursuant to Section
2.4.2 (B)(1)
- 4 - Ord. No. 8-97
(e) ~y Upon receipt of all review comments, the
application with the recommendation of the
City Engineer shall be forwarded ~//~
~I~~/~/~~/~ for review at an
advertised public hearing before the Planning
and Zoning Board. The recommendation of the
Planning and Zoning Board shall be forwarded
to the City Commission; ~/~~~/~
(f) ~ If approved, the abandonment shall be
evidenced by a resolution of the City
Commission. After adoption, the resolution
shall be recorded in the public records of
Palm Beach County. Where deemed necessary by
the City Engineer, an abandonment shall be
consummated through the filing of a boundary
plat, or replat, of the property to be
abandoned and the receiving properties.
(4) Conditions: Conditions may be imposed upon an
abandonment to:
(a) Insure timely consummation;
(b) Insure compliance with required findings;
(c) Require enhancement of the (to be former
right-of-way in order to accomplish certain
objectives and policies of the Comprehensive
Plan e.g., street beautification;
(d) Require replacement easements and/or
relocation of existing utilities, as may be
appropriate;
(e) Cause reversion or voiding of the abandonment
in the event of a failure to comply with
other conditions.
(5) Findings: Prior to granting an abandonment the
City Commission must make the following findings:
(a) That there is not, nor will there be, a need
for the use of the right-of-way for any
public purpose (Policy A-6.3 of the T~ff~
Transportation Element);
- 5 - Ord. No. 8-97
(b) That the abandonment does not, nor will not,
prevent access to a lot of record;
(c) That the abandonment will not result in
detriment for the provision of access and/or
of utility services to adjacent properties or
the general area.
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
- 6 - Ord. No. 8-97
PROPOSED LDR AMENDMENTS REGARDING THE RIGHT-OF-WAY
ABANDONMENT PROCEDURE
Section 2.4.2 Notice Requirements: The City Commission, the Planning and
Zoning Board, and other Boards which are involved with the implementation of
these Land Development Regulations shall conduct meetings and shall provide
public notice of their tentative actions pursuant to this Section.
(B) Public Hearing Requirements: The following notice requirements
and hearing procedures shall be complied with whenever an action before a
Board requires consideration at a public hearing. These requirements are in
addition to any requirements for public hearing notice which are otherwise
required by State Law or City Commission procedures.
(1) Notice: All public hearings shall be noticed through letters
to property owners, legal advertisements, or display advertisements as set forth
below.
[Add the following section:]
(i) Right-of-Way Abandonments: The City shall notify.
all abutting property_ owners by certified mail. Said
notice shall be mailed no later than twenty_ (.20)
calendar days prior to the public hearing before the
Planning and Zoning Board. The notice shall
describe the property, to be abandoned and shall
generally describe the obligations that will accrue tO
the property owners if the abandonment is approved.
The City shall also provide notice of the public
hearing before the Planning and Zoning Board to the
owners of all property located within five hundred feet
(500') of the perimeter of the property which i~; to be
abandoned. Said notice shall be mailed no later than
ten (10) calendar days prior to the pvblic hearing
before the Planning and Zoning Board. In addition, a
public notice shall be published in the legal section of
a newspaper and shall appear no later than ten (10)
calendar days prior to said public hearing before the
Planning and Zoning Board.
~(-i-) Other Public Hearings: All other public hearings
required in the implementation or amendment of
these Land Development Regulations shall be
advertised in the legal section of a newspaper at least
ten (10) days prior to the hearing.
~ (j) Concurrent Notice: When it is necessary to provide
a letter notice of a public hearing for multiple hearings
before one or more bodies, said notice may be
combined within a single letter.
Q) (k-) Form of Notice: Any notice for a public hearing,
whether advertisement or letter, shall, at a minimum,
contain the following:
* Date of the public hearing
* Purpose of the public hearing
* Location of the property which is the subject of
the hearing
* Identification of the location of information
about the subject of the public hearing
(m)(-I-) Newspaper Preferen~:e: There is no legislative
preference pertaining to the publication of required
notices provided that the newspaper is published at
least five days per week.
(n) (re)Establishment of Mailin_o List: Whenever notice is
to be provided by a letter, the owners of property to
be notified shall be considered to be those recorded
on the latest official county tax roll. A list of such
owners along with their mailing addresses shall be
provided as a part of the development application and
shall be accompanied by an affidavit stating that to
the best of the applicant's knowledge, the list is
complete and accurate. The list shall be
accompanied by a drawing showing all property lying
within five hundred feet (500') of the property under
consideration, and mailing labels that would include
the property owners name and mailing addresses.
(o) (P,) Chan_oe in Project: During the course of processing,
a development request, which requires public hearing
notice, may be changed by the applicant without
requiring renotice, provided that:
-2-
* The change is not to a new zoning designation
which is deemed as to accommodate more
intensive use; or
* The change does not allow the introduction of
a new type of use or another use which, in and
of itself, is subject to a public hearing.
Section 2.4.6
(O) Abandonment of Rights-of-Way:
(1) Rule: Public right-of-way may be abandoned (returned) to the fee
description of adjacent property to the same degree in which it was originally
obtained i.e. property dedicated exclusively from a single parcel shall be returned
to that parcel; property dedicated through subdivision shall be divided at the
center line and returned equally to abutting parcels. Abandonment of right-of-
way may be granted by a formal resolution enacted by the City Commission.
(2) Required Information:
(a) An application form as promulgated by the City Engineer
(b) A survey of the property which is to be abandoned with said
survey showing all improvements (including utility locations)
which are within or immediately adjacent to the property to
be abandoned; and including adjacent property lines and
identification of property owners and business located
thereon.
A mailing list containing the information described in Section
2.4.2(B)(1)(m).
to th= :bandcnmant
-3-
(3) Procedure: Upon receipt of the above information, the following
procedures shall be followed under the direction of the City Engineer:
(a) Certification that the submittal is complete and accurate;
(b) Distribution of the application and survey to all utilities who
have or may have facilities within the easement or adjacent
to it;
(c) Distribution to appropriate City departments who may have
an interest in the property e.g. Fire Department, Police
Department, Parks and Recreation Department;
(d) Notification .Dur~,uant to Section 2.4.2 (B)(1)(i).
(e~/'~ Upon receipt of all review comments, the application with the
recommendation of the City Engineer shall be forwarded te
*~'~.. ,v P!cnn!ng ...,"'~'~,_ -..,?'"";"'"',,. ,~ Bc"-;-, - for review at an advertised
public hearing before the Planning and Zoning Board. The
recommendation of the Planning and Zoning Board shall be
forwerded to the City Commission: and rcccmm:nd=t!cn tc
If approved, the abandonment shall be evidenced by a
resolution of the City Commission. After adootion, the
resolution shall be recorded in the public records of Palm
Beach County, Where deemed ne(;essary by the City
Engineer. an abandonment shall be consummated through
the filing of a boundary plat, or replat, of the property to be
abandoned and the receiving properties.
(4) Conditions: Conditions may be imposed upon an abandonment
to:
(a) Insure timely consummation;
(b) Insure compliance with required findings
(c) Require enhancement of the (to be) former right-of-way in
order to accomplish certain objectives and policies of the
Comprehensive Plan e.g., street beautification
(d) Require replacement easements and/or relocation of
existing utilities, as may be appropriate
-4-
(e) Cause reversion or voiding of the abandonment in the event
of a failure to comply with other conditions
(5) Findings: Prior to granting an abandonment the City Commission
must make the following findings:
(a) That there is not, nor will there be, a need for the use of the
right-of-way for any public purpose (Policy A-6.3 of the
Tr~c Transportation Element)
(b) That the abandonment does not, nor will not, prevent access
to a lot of record
(c) That the abandonment will not result in detriment for the
provision of access and/or of utility services to adjacent
properties or the general area
S:\adv\ROW4
-5-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~'~'~
SUBJECT: AGENDA ITEM #/~- REGULAR MEETING OF FEBRUARY 4, 1997
FIRST READING FOR ORDINANCE NO. 9-97 (LDR AMENDMENT
RELATING TO TRAFFIC STATEMENTS AND STUDIES)
DATE: JANUARY 30, 1997
This is first reading for Ordinance No. 9-97 which amends three
sections of the Land Development Regulations as they pertain to
our regulations concerning traffic statements and traffic studies.
Essentially, this is a housekeeping ordinance to revise the LDRs
to be consistent with the requirements of the adopted Palm Beach
County Traffic Performance Standards Ordinance.
The Planning and Zoning Board considered the amendments at a
public hearing on January 27, 1997, and voted unanimously to
recommend approval.
Recommend approval of Ordinance No. 9-97 on first reading. If
passed, a public hearing will be scheduled for February 18, 1997.
ref:agmemo3
ORDINANCE NO. 9-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.3(E),
"TRAFFIC STATEMENTS AND STUDIES", SECTION 2.4.6(K),
"ACCEPTANCE OF TRAFFIC STATEMENTS AND STUDIES", AND
SECTION 2.4.2(C), "NOTICE TO EXTERNAL AGENCIES AND
CITIZEN GROUPS", SUBSECTION 2.4.2(C) (2) (d), "PALM
BEACH COUNTY TRAFFIC DIVISION", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH,
TO BE CONSISTENT WITH THE REQUIREMENTS OF THE
ADOPTED PALM BEACH COUNTY TRAFFIC PERFORMANCE
STANDARDS ORDINANCE RELATING TO TRAFFIC STATEMENTS
AND STUDIES; 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 subject matter at its meeting of January 27,
1997, and has forwarded the change 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 change is consistent with and furthers 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 Two, "Administrative Provisions",
Article 2.4, "General Procedures", Section 2.4.3, "Submission
Requirements", Subsection 2.4.3(E), "Traffic Statements and Studies",
of the Land Development Regulations of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
(E) Traffic Statements and Studies: Whenever a land use
application which will add use area or establish a new use which will
increase traffic at the site by ~ 201 or more trips per day (net
ADT) is submitted, it shall be accompanied by a traffic study which
meets the requirements of the Palm Beach County Traffic Performanc~
Standards Ordinance.
(1) Threshold Exemptions: ~~~/f~/~/~
Developments which qenerate 201 or more APT and are located within th~
City's TCEA (Traffic Concurrency Exception Area/ are exempt from
havinq to provide a traffic study.
(2) Traffic Statement Exemptions: Ail other land use
applications which generate 200 or less ADT or are located in the
City's TCEA (Traffic Concurrency Exception Areal. shall be accompanied
by a traffic statement which establishes the anticipated net ADT and
(a) Type of use and intensity
(b) Categorization by the ITE Manual and formula
used for establishing gross ADT
(c) Capture factors which are applied and
attendant calculations
(d) Calculation of net ADT
(e) Location of project
(f) Current (latest) ADT volumes for the street
upon which the use takes access(es).
Section 2. That Chapter Two, "Administrative Provisions"
Article 2.4, "General Procedures", Section 2.4.6, "Procedures for
Obtaining Permits and Approvals", Subsection 2.4.6(K), "Acceptance of
Traffic Statements and Studies", of the Land Development Regulations
of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
(K) Acceptance of Traffic Statements and Studies: Whenever
a land use application will add use area or establish a new use which
will increase traffic at the site by ~9~ 201 or more trips per day
(net ADT) is submitted, it shall be accompanied by a traffic study.
Exemptions from the need to provide a traffic study and the contents
of a traffic statement are found in Section 2.4.3(E).
- 2 - Ord. No. 9-97
(1) Rule: Whenever a traffic statement is required,
it must be formally accepted by the City Engineer. Whenever a traffic
study is required, it must be formally accepted by the City Engineer
and forwarded to the County Traffic Division for review.
(2) Required Information:
(a) A traffic statement prepared pursuant to
2.4.3(E)/; or
(b) A traffic study prepared pursuant to the Palm
Beach County Traffic Performance Standards
Ordinance.
(3) Procedures:
(a) Statement: A traffic statement shall be
submitted as a part of the development
application when the development qenerates
200 or less ADT (averaqe daily trips/. ~
~~l A traffic statement may be
provided separately to the City Engineer.
prior to submission of a full development
application.
(b) Study: A traffic study, when needed, shall
be submitted as a part of the development
application. Within ten days of its receipt,
it shall be either rejected or accepted by
the City Engineer. If rejected, processing
of the development application may cease
until an acceptable study is received.
If accepted, the City Engineer shall forward
the traffic study along with his comments and
recommendations to the County' Traffic
Division for further review, comment and
possible appeal pursuant to the Palm Beach
County Traffic Performance Standards
Ordinance.
- 3 - Ord. No. 9-97
(4) Conditions: Conditions are not appropriate with
respect to acceptance of a traffic study; however, conditions of
approval of the development application may be established based upon
the results of the traffic study. The conclusions of the traffic
study, as prepared by the applicant's consultant, may be modified by
the City Engineer and/or the County Traffic Division.
Section 3. That Chapter Two, "Administrative Provisions",
Article 2.4, "General Procedures", Section 2.4.2, "Notice
Requirements", Subsection 2.4.2(C), "Notice to External Agencies and
Citizen Groups", subparagraph 2.4.2(C) (2) (d), "Palm Beach County
Traffic Division", of the Land Development Regulations of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
(2) Other Entities: Other governmental and regulatory
bodies shall be noticed as follows:
(d) Palm Beach County Traffic Division: Whenever a
site plan involves property adjacent to a
thoroughfare maintained by Palm Beach County, its
Traffic Division shall be notified upon receipt of
the development application and its approval of
any improvements or connections to the
thoroughfare shall be required prior to approval
of a final plat or final engineering plans when a
plat is not required.
In addition, whenever a proposed project will
generate average daily traffic in excess of ~
200 trips, the required traffic study shall be
forwarded to the County Engineer for review and
comment prior to any consideration, by the
approving body, of the associated development
application.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 5. 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.
- 4 - Ord. No. 9-97
Section 6. 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
- 5 - Ord. No. 9-97
TO: DAVID T. HARDEN
C~'Y~MANAGER
THRU: ' ~'~'/~
D~A~DOM(I~~IRECTOR
DEPARTMENT~OF P~ANNING AND ZONING
FROM: PAUL DORLING,~RINCIPAL PLANNER
SUBJECT: AMENDMENTS TO LDR SECTIONS 2.4.3(E), 2.4.6(K) AND
2.4.2(C)(2)(d) RELATING TO TRAFFIC STATEMENTS AND STUDIES.
The action requested of the City Commission is approval of LDR amendments to
Section 2.4.3(E), Section 2.4.6(K) and Section 2.4.2(C)(2)(d) of the Land Development
Regulations (LDRs) relating to Traffic Statements and Studies.
The City's LDRs currently outline under what conditions a traffic statement or traffic
study is required when processing a site development application. These regulations
were created and adopted in 1989 while the County's Traffic Performance Ordinance
was under final consideration. With final adoption of the County's Traffic Performance
Ordinance certain thresholds, exemptions and procedures outlined in the LDRs were
not adopted. The proposed changes revise the LDRs to be consistent with the
requirements of the adopted Palm Beach County Traffic Performance Ordinance.
The proposed amendment to LDR Section 2.4.3(E) changes the threshold for which a
traffic study is required from 500 daily trips to 201 daily trips. Development proposals
under 200 ADT (average daily trips) and those located within the City's TCEA (Traffic
Concurrency Exception Area) are required to submit a traffic statement only. A traffic
statement is simply an indication of trips that the project will generate, as opposed to a
traffic study which analyzes the distribution of the trips and the impact on adjacent
roadways and intersections.
City Commission Documentation
Amendments to LDR Sections 2.4.3(E), 2.4.6(K), & 2.4.2(C)(2)(d) Relating to Traffic Statements & Studies
Page 2
The amendment also removes exemptions for traffic studies or statements for
developments of certain levels of intensity. These exemptions were not incorporated in
the final adopted Traffic Performance Ordinance. Under LDR Section 2.4.6(K) the
threshold at which a traffic study is required is also being revised from 500 to 201 ^DT.
Further, the submittal requirements were streamlined to require submittal of a traffic
statement or traffic study rather then submittal of both as currently required.
Amendments to Section 2.4.2(C)(2)(d) revise the threshold at which a traffic study is to
be forwarded to the county from in excess of 500 to 200 average daily trips.
The Planning and Zoning Board considered the amendments at a public hearing on
January 27, 1997. No one from the public spoke in favor or opposition to the
amendments. The Board recommended approval of the amendments on a unanimous
7-0 vote.
By motion, approval of the attached amendments to Section 2.4.3(E) Traffic
Statements and Studies, Section 2.4.6(K) Acceptance of Traffic Statements and
Studies and Section 2.4.2(C)(2)(d) Notice to External Agencies and Citizen Groups.
Attachments:
· LDR amendment Section 2.4.3(E)
· LDR amendment Section 2.4.6(K)
· LDR amendment Section 2.4.2(C)(2)(d)
Section 2.4.3 (E)
(E) Traffic Statements and Studies: Whenever a land use application.
which will add use area or establish a new use which will increase traffic at the site by
500 201 or more trips per day (net ADT) is submitted, it shall be accompanied by a
traffic study which meets the requirements of the Palm Beach County Traffic
Performance Standards .Ordinance.
x,,-- ~ - .,.~'rhr"sho"~ exemotJons: ~"'"";"'"+;"'~" ;"" ~°'~'~ ....... ~';'"~' '~'"
,~a,,:~Dovelopments which generate 201 or more ADT and are located within the
City's TCEA (Traffic Concurrency Exception Area) are exempt from having to
provide a traffic, study.
(2) Traffic Statement s Exemptie~s: All other land use applications
which generate 200 or less ADT or are located in the City's TCEA (Traffic Concurrency
Exception Area) shall be accompanied by a traffic statement which establishes the
anticipated net ADT and includes the following:
(a) Type of use and intensity
(b) Categorization by the ITE Manual and formula used for
establishing gross ADT
(c) Capture factors which are applied and attendant calculations
(d) Calculation of Net ADT
(e) Location of project
(f) Current (latest) ADT volumes for the street upon which the
use takes access(es).
Section 2.4.6 (K)
(K) Acceptance cf Traffic Statements and Studies: Whenever a land use
application will add use area or establish a new use which will increase traffic at the site
by 500 201 or more trips per day (net ADT) is submitted, it shall be accompanied by a
traffic study. Exemptions from the need to provide a traffic study and the contents of a
traffic statement are found in Section 2.4.3(E).
(1) Rule: Whenever a traffic statement is required, it must be formally
accepted by the City Engineer. Whenever a traffic study is required, it must be formally
accepted by the City Engineer and forwarded to the County Traffic Division for review.
(2) Required Information:
(a) A traffic statement prepared pursuant to 2.4.3(E) or .-;
(b) A traffic study prepared pursuant to the Palm Beach County Traffic
Performance Standards Ordinance.
(3) Procedures:
(a) Statement: A traffic statement shall be submitted as a part of the
development application when the development generates 200 or less
ADT (averaoe daily trios~, it sha!! h ..... ~ ..... '~ by th`` r-~,,, ,-.,.,~ ....
~a ..... ,, ..... ~, .,,,a,,; ........ a ~.a, ..... ,~a~ traffic statement
may be provided separately to the Ci~ Engineer prior to submission of
a full development application.
(b) Study: A traffic study, when needed, shall be submitted as a part of
the development application. Within ten days of its receipt, it shall be
either rejected or accepted by the City Engineer. If rejected,
processing of the development application may cease until an
acceptable study is received.
If accepted, the City Engineer shall forward the traffic study along with
his comments and recommendations to the County Traffic Division for
further review, comment, and possible appeal pursuant to the Palm
Beach County Traffic Performance Standards Ordinance.
(4) Conditions: Conditions are not appropriate with respect to acceptance of
a traffic study; however, conditions of approval of the development application may be
established based upon the results of the traffic study. The conclusions of the traffic
study, as prepared by the applicant's consultant, may be modified by the City Engineer
and/or the County Traffic Division.
Section 2.4.2 (C) (2)
(2) Other Entities: Other governmental and regulatory bodies shall be
noticed as follows:
(change the following subsection as follows)
(d) Palm Beach County_ Traffic. Divi~icn: Whenever a site
plan involves property adjacent to a thoroughfare maintained
by Palm Beach County, its Traffic Division shall be notified
upon receipt of the development application and its approval
of any improvements or connections to the thoroughfare
shall be required prior to approval of a final plat or final
engineering plans when a plat is not required.
In addition, whenever a proposed project will generate
average daily traffic in excess of 500 200 trips, the required
Traffic Study shall be forwarded to the County Engineer for
review and comment prior to any consideration, by the
approving body, of the associated development application.
S:/DOC/TRIF
. f
Wmer's girec~ L~: (Sfl)
DELRAt BEACH
lll.~erica City MEMO~~
TO: Ci~ Co~ission
FROM: David N. Tolces, Assistant City A~orn~
SUBJECT: Revisions to Title V, Ch. 52, Code of Ordinances and LDR Sections
2.4.3 and 5.3.3
The proposed ordinance revises Section 52.39 of the Code of Ordinances regarding plan
review and inspection fees which the City charges. The reduction from 3 % to 2 % of
project costs will lower the costs to the developer who is currently paying approximately
6.27% of the project costs in fees to the City. The attached memo from Richard Hasko
explains the reasons for the revisions.
The revisions proposed in Section 2 of the ordinance will assist in keeping a uniform fee
schedule in the City's codes. At the current time, the water and sewer connection fees
and meter installation charges are contained in two different sections. By deleting the
fee from the LDR's, it will be easier to amend the fee in the future, and there should not
be any discrepancy as to the correct fee to be charged.
Section 3 of the ordinance deletes the impact fee requirement for water and sewer
systems. The fee is being deleted as, currently, the City does not collect the fee.
Impact fees were replaced by the connection fees referenced in
If you have any questions, please call. Section 2.
DNT:smk
Attachments
cc: David T. Harden, City Manager
Sharon Morgan, City Clerk's Office
Richard Hasko, Assistant City Engineer
Diane Dominguez, Director of Planning & Zoning
inspect.dm
i .F.
TO: DAVID T. HARDEN, CITY MANAGER
FROM: DIANE DOMINGUEZ, DIRECTOfR
DEPARTMENT OF PLANNING~AND ZONING
SUBJECT: CITY COMMISSION MEETING OF FEBRUARY 4, 1997
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
SECTIONS 2.4.3(K) AND 5.3.3(G) - WATER & SEWER
CONNECTION FEES
DATE: JANUARY 29, 1997
This memorandum is provided as an addendum to David Tolces' memorandum on this
subject, in order to inform the City Commission that the amendments were reviewed
by the Planning and Zoning Board at its meeting of January 27, 1997. The Board on a 7
to 0 vote recommended that the City Commission approve the proposed LDRs changes
as contained in the attached ordinance.
If you have any questions, please call.
MEMORANDUM
TO: David Tolces
Asst. City Attorney
FROM: Richard C. Hasko, P.E.~~
Asst. City Engineer
SUBJECT: REVISIONS TO TITLE V, CH.52,CODE OF ORDINANCES
AND LDR SECTION 2.4.3
DATE: December 20, 1996
Insofar as I will be absent from the City from December 23 until January 6, 1997, I would
appreciate your assistance in coordinating placement of the subject City Ordinance and
LDR revisions on the January 7, 1997, City Commission Agenda for first reading.
As we have previously discussed, Chapter 52.39 of the Code of Ordinances establishes
Plan Review and Inspection Fees of 2% and 3%, respectively, of the cost of water and
sewer improvements to be assessed by Environmental Services Department to recoup the
City's cost for these services from developers. It has been brought to our attention that
the Building Department assesses plan review fees as part of the building permit fee at
the rate of 1.27% applied to project costs, including water and sewer costs. This brings
the total fee assessed by the City for water and sewer plan review and inspections to
6.27% of associated project costs.
A survey of other local municipal fee structures, e.g. Boynton Beach, Boca Raton and
Palm Beach County, indicate that Delray's fees are significantly higher for comparable
service. To bring our fee structure into line with other municipal rates and bearing in
mind that the fees need only cover the City's cost of providing the subject service, we
propose revising Chapter 52.39 as follows:
a.) Delete ESD plan review fee of 2%.
b.) Reduce inspection fee fi.om 3% to 2%.
Plan Review Fees assessed by the Building Dept. are adequate to cover the cost of that
service performed by Engineering.
With regards to necessary revisions to LDR Section 2.4.3, this section simply needs to be
brought up to date with current codes. The attached memo from the City Manager
outlines the necessary revisions and explanation of need.
RCH/gm
Att: 1
cc: David T. Harden, City Manager
Diane Dominguez, Planning/Zoning
C. Danvers Beatty, P.E., City Engineer
Alison MacGregor-Harry, City Clerk
file: Code of Ordinances/LDR revisions
file:s/eng/eng/memo/dick/coldrrev.doc
MEMORANDUM
TO: Diane Dominguez, Director of Planning and Zoning
FROM: David T. Harden, City Manager
SUBJECT: Water and Sewer Connection Fees
DATE: December 17, 1996
It has come to my attention that the LDR's in Section 2.4.3(K)(4)(d) ~iH shows Water
System Transmission and Storage Fees. These fees were repealed and replaced by the
Water System Connection fees which are shown in Section 2.4.3(K)(4)(e). Therefore, the
Transmission and Storage Fees need to be deleted from the LDR's. This change also
requires the repeal of Section 5.3.3(G) from the LDR's.
Also, the Sewer System Connection Fees shown in the LDR's Section 2.4.3(K)(4)(f) are
not current. The current Connection Fees, as shown in Section 53.130(b) of the City
Code, are $1084 for a residential unit or $1084 per equivalent residential connection for
non-residential connections. Furthermore, LDR's Section 2.4.3(K)($)(c) refers readers to
Chapter 54 of the City Code for Sewer System User Fees. Chapter 54 has been repealed
and all sewer matters are now contained in Chapter 53.
You may want to simply reference the City Code for Water and Sewer Connection Fees
rather than repeating them in the LDR's, but I will leave that up to you, whatever is
easiest for the people who are actually administe~g the Code.
Please ensure that these changes are made as soon as possible.
DTH:kwg
cc: Dick Hasko '~ --.
lc,': .:.
Filc:u:$raham/cmgx ~".~" -
Doc.:H2OSewer. Fee
ORDINANCE NO. 10- 9 ?
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING PROVISIONS OF THE
CODE OF ORDINANCES AND LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH PERTAINING
TO WATER AND SEWER FEES, INCLUDING SECTION 52.39,
"OTHER FEES", OF THE CODE OF ORDINANCES TO PROVIDE
FOR THE DELETION OF THE PROJECT PLAN REVIEW FEE; TO
PROVIDE FOR A DECREASE IN THE PROJECT INSPECTION
FEE; TO PROVIDE FOR RE-LETTERING THE SECTION;
AMENDING SUB-SECTION 2.4.3(K), "FEES", OF THE LAND
DEVELOPMENT REGULATIONS TO PROVIDE FOR THE
DELETION OF THE WATER SYSTEM IMPACT FEE; DELETING
SECTION 5.3.3(G), "IMPACT FEE REQUIRED" OF THE LAND
DEVELOPMENT REGULATIONS; PROVIDING REFERENCES TO
THE CITY CODE OF ORDINANCES FOR WATER SYSTEM
CONNECTION FEES, METER INSTALLATION FEES AND SEWER
SYSTEM CONNECTION FEES; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the City of Delray Beach is authorized to collect fees to cover the administrative
cost of reviewing water and sewer plans; and
WHEREAS, the current project inspection fee of 3% of the cost of water and sewer
improvements is too burdensome for some developers; and
WHEREAS, the City Commission finds that an inspection fee of 2% of improvement costs
should more accurately reflect the actual administrative cost; and
WHEREAS, other fees, including the water system impact connection fee, and sewer system
connection fee as included in the City's Land Development Regulations, need to be revised.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, AS FOLLOWS:
~. That Title V, "Public Works", Chapter 52, "Water", Section 52.39, "Other Fees", of
the Code of Ordinances of the City of Delray Beach, Florida, be , and the same is hereby amended to
read as follows:
iA) (:g,) Project Inspection Fee. The Environmental Services Department will estimate the
construction cost of the water and sewer improvements to be inspected. The inspection fee will
be charged to the project owner and will be calculated as construction cost of water and sewer
improvements x 3.9% 2.0°70, but in no case less than $25.00. In addition, for all water and
sewer inspections taking place after normal Environmental Services business hours, the project
owner will pay all k~pectian fe:: additional inspection fees at an overtime rate of $40.00 per
hour per inspector. Fees will be billed to project owner periodically and the project owner shall
11~ all fees ~qt-be-paid before the certificate of occupancy is issued.
(B~,,../'*"'"' Utility Standards Fee. The charge for the minimum construction standards book
(Utility Standards) issued by the Environmental Services Department is $25.00.
(C~,,../tr'x Late Payment. In the event water use charges become delinquent and/or water
services are discontinued by the city, said services shall not be restored until all delinquent
charges plus a five dollar ($5.00) penalty for late payment and shut off and reconnection charges
are paid in full.
LD_.I (-E,-) Meter Reread Charge. There will be a charge of $15.00 for each meter reread
requested by a customer. If the meter reading is in error in favor of the customer, the account
will be adjusted accordingly and the $15.00 service charge shall be waived.
/Tr2 iF-'-)Removal of Service Line. There will be charge for the removal of the service line
based on the actual cost (labor and materials) plus a ten percent (10%) surcharge, or $100.00,
whichever is greater, per occurrence.
CF) (C,-) Reinstallation of a Service Line. In the event that a service line has been removed
for non-payment of charges, there will be a charge for reinstallation of a service line based upon
the actual replacement cost (labor and materials) plus a ten percent (10%) surcharge, or $100.00,
whichever is greater, per occurrence.
~ Destruction of Meter and/or Related Equipment. In the event of any damage to
meters and/or other appliance or appurtenace, there will be a charge based upon actual
replacement cost (labor and materials) plus a ten percent (10%) surcharge, or $100.00, whichever
is greater, per occurrence.
2 ORD NO. 10-97
(I-I/¢-) Fee for Maintenance of Improvements within Right-of-Way. In the event the City
places landscaping improvements and irrigation systems to maintain the landscaping
improvements within the right-of-way, the City Commission may impose a fee to cover the cost
of providing water to maintain the improvements and to provide for the cost of installing and
maintaining a sprinkler or other irrigation system. The City Commission may authorize the
payment of a fee to be collected monthly and to be included on the monthly water bill for
property owners whose property adjoins the right-of-way in which the City installed the
landscaping improvements. The fee shall be $5.00 per parcel located adjacent to the right-of-
way.
~. That Chapter Two, "Administrative Procedures", Article 2.4, "General
Procedures", Section 2.4.3, "Submission Requirements", Subsection 2.4.3(K), "Fees" of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach is hereby amended to
read as follows:
(4) Impact and Connection Fees:
~*~ ~ ~* ;~ ~;~, ~1~ ~ / ~TT
~ ~ Water System Co~ection Fees:
Refer to Section 52.31. Ci~ Code of Ordinances. for water system
Meter ~mllation Ch~ge:
Refer to Section 52.32. Ci~ Code of Ordinances for ~eter installation fees.
3 ORD NO. 10-97
3/4" $ 400.00 $.,,,v.,,,,cnn na
1' $ 525.00 $ 659.00
1 1/2' $ 975.99 $!,!LY~.O0
2' $1,175 OO et .~.~ nn
3' A/C* ,^~,'~ ~, ~
6" & ~" MC ~dC + 25
Sewer System Connection Fees:
I~¢fcr to Section 53.130(B). City. Code of Ordinances. for residential and
commercial sewer system connection fees,
............. a=a Cammzrzial '" ..... +;...o
ExistNg T .,,,.., T :_~o $250
(5) User Fees: User charges and storm water assessments are applied thxough
monthly billings by the City.
(a) Water System User Fees: See Chapter 52 of the Code of Ordinances of the
City of Delray Beach, Florida.
(b) Storm Water Drainage Utility Fee: This fee is variable depending upon the
type of use and amount of impervious area associated with its development.
Please refer to Section 56.16 of the City Code for further information.
(c) Sewer System Fees: See Chapter 53 :$4 of the Code of Ordinances of the
City of Delray Beach, Florida
~. That Chapter 5, "Subdivision Regulations", Article 5.3, "Dedication and Impact
Requirements", Section 5.3.3, "Water and Sewer Systems", Subsection 5.3.3(G), "Impact Fee
Required", of the Land Development Regulations of the City of Delray Beach is hereby deleted in its
entirety.
4 OR.D NO. 10-97
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
~. That should any section or provision of this ordinance or any portions 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 6. 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
5 ORD NO. 10-97