01-23-96 Regular DELR.~ BEACH
CITY OF DELRAY BEACH, .FLORIDA - CITY COMMISSION REGULAR MEETING ~
~,lI-AmericaCity
COMMISSION CHAMBERS
The City will furnish appropriate auxiliary aids and services where
necessary to afford an individual with a disability an equal opportunity
to participate in and enjoy the benefits of a service, program or activi-
ty conducted by the City. Please contact Doug Randolph at 243-7127
(voice) or 243-7199 (TDD), 24 hours prior to the program or activity in
order for the City to reasonably 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 and not to
individuals. Any person making impertinent or slanderous remarks or who
becomes boisterous while addressing the Commission shall be barred by the
presiding officer from speaking further to the Commission unless
permission to continue or again address the Commission is granted by
majority vote of the Commission member present.
Regular Commission Meeting
January 23, 1996
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by
the City Commission with respect to any matter considered at this
meeting, such person will need to ensure that a verbatim record includes
the testimony and evidence upon which the appeal is based. The City
neither provides nor prepares such record.
AGENDA
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda Approval.
Action: Motion to Approve.
5, Approval of Minutes:
Regular Meeting of January 9, 1996
Special Meeting of January 16, 1996
6. Proclamations:
A. Recognizing and commending Richard Elasik, Barry Martindale and
Mike Miller
B. Recognizing and commending Tim Onnen for his years of service
on the Code Enforcement Board
C. OF NOTE:
Recognizing and commending Jerry Janaro, outgoing Chairman of
the Board of the Greater Delray Beach Chamber of Commerce
7. Presentations:
A. "100 Years of Education in Delray Beach" - Joe Gillie, Old
School Square
B. Delray Holiday Toy Drive Presentation Perry DonFrancisco
1. Proclamation recognizing and commending Sean Anderson,
Perry DonFrancisco, Cathy Hazard, Lisa Henderson, Jennifer
Ardito and Lori Denosky for their dedication to the
Holiday Toy Drive and the After School Program.
8. Consent Agenda: City Manager recommends approval.
Regular Commission Meeting
January 23, 1996
A. ~EMOVED
B. JOINT FUNDING AGREEMENT/SANITARY SEWER EXTENSION TO SERVE THE
LEE PROPERTY: Approve an agreement between the City and Lee's
Crossing - Delray Beach Limited Partnership for funding the
sanitary sewer extension along Franwood Drive to serve the Lee
property located west of and adjacent to Kingsland Pines
Subdivision on the west side of Gallagher Road.
Co MEMORANDUM OF UNDERSTANDING/DELRAY BEACH HOUSING RENAISSANCE
PROGRAM: Approve the Memorandum of Understanding among program
participants, including Policies and Procedures, that will
govern the Delray Beach Housing Renaissance Program.
D. REVISED INVESTMENT POLICY: Approve revisions to City Policy
and Procedure Number BF-2, "Investment Policy and Procedures"
E. RESOLUTION NO. 8-96: Approve a resolution assessing costs for
abatement action required to board up an unsafe building at 315
N.W. 12th Avenue.
F. RESOLUTION NO. 9-96: Approve a resolution assessing costs for
abatement action required to board up an unsafe building at 338
N.W. 4th Avenue.
G. RESOLUTION NO. 10-96: Approve a resolution assessing costs for
abatement action required to remove five abandoned vehicles on
properties throughout the City.
H. FINAL PLAT/SOUTH COUNTY MENTAL HEALTH CENTER: Approve the
final boundary plat for the South County Mental Health Center
located on the east side of Military Trail immediately south of
the Linton Oaks Square center.
I. FINAL PLAT/DARREN'S RIDGE: Approve the final boundary plat for
Darren's Ridge, a proposed eight unit rental apartment
development generally located at the southwest corner of the
intersection of Avenue "C" with Florida Boulevard.
J. EMERGENCY REPAIR/LAKEVIEW GOLF COURSE IRRIGATION PUMP STATION:
Approve emergency bid award in the amount of $18,442 to
Sullivan Electric and Pump, Inc. for emergency repairs to the
irrigation pump system at Lakeview Golf Course, with funding
from 446-4761-572-63.90.
K. RESOLUTION NO. 4-96: Approve a resolution expressing the City
Commission's consent to Palm Beach County's abandonment of an
ingress and egress easement being generally located across land
between Lake Ida Road and Lake Ida Park.
L. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Hector Turf through State Contract for the
purchase of two Toro Groundmaster 325D 72" mowers, in the
amount of $24,110 from 501-3312-591-64.20.
3
Regular Commission Meeting
January 23, 1996
9. Regular Agenda:
A. APPEAL OF HISTORIC PRESERVATION BOARD DECISION: Consider an
appeal of the Historic Preservation Board's action to deny a
Certificate of Appropriateness for the properties located at 2
East Atlantic Avenue and 11 South Swinton Avenue.
QUASI-JUDICIAL PROCEEDING
B. REQUEST FOR TIME FRAME EXTENSION FOR REDUCED WATER AND SEWER
CONNECTION FEES/NORTH FEDERAL HIGHWAY PROPERTY (CARR):
Consider a request for a 60 day extension to the time frame
established by Annexation Agreement for reduced water and sewer
connection fees for the Carr property addressed as 2101 North
Federal Highway.
C. 1996 LEGENDS TENNIS TOURNAMENT AGREEMENT/LIDDUN INTERNATIONAL,
INC.: Consider an agreement between the City and Liddun
International, Inc. for the 1996 Legends Tennis Tournament to
be held December 7-8, 1996, at the Municipal Tennis Center.
D. LICENSE AGREEMENT FOR USE OF RIGHT-OF-WAY/PETER'S STONE CRABS,
LTD.: Consider a license agreement with Peter's Stone Crabs,
Ltd. for the use of two parking spaces on Atlantic Avenue to
allow a valet parking service to operate in front of the
restaurant.
E. SANITARY SEWER ALTERNATIVES/N.E. 1ST COURT UTILITY IMPROVEMENTS
PROJECT: Consider gravity flow sanitary sewer alternatives as
part of the N.E. 1st Court utility improvements project.
F. REQUEST FROM THE COMMUNITY REDEVELOPMENT AGENCY TO ACQUIRE
CITY-OWNED PROPERTY: Consider a proposal from the Community
Redevelopment Agency for acquisition of City property located
at 17 N.W. 5th Avenue (commonly known as the Shatz property).
G. U.S. MARSHALS SERVICE OFFER FOR CITY TO PURCHASE PROPERTY AT
200 S.E. 10TH STREET: Consider the U.S. Marshals Service offer
to sell to the City property at 200 S.E. 10th Street for the
relocation of Rusty's Plumbing from its current location at
1191 South Dixie Highway.
H. THE CORNICHE REPLAT: Consider releasing the 24 foot public
access easement for recreational purposes across the north end
of The Corniche Replat in exchange for a like 24 foot easement
across the south end of the replat, subject to approval by the
City Attorney of the necessary legal documents.
I. REJECTION OF BIDS/GREENBRIER DRIVE UTILITY IMPROVEMENTS:
Consider rejecting all bids received for the Greenbrier Drive
utility improvements project. The sanitary sewer portion of
the project has been eliminated. Only the water main portion
will be constructed, with the work to be done by City forces.
J. CONTRACT ADDITION (C.O. ~i)/MURRAY LOGAN CONSTRUCTION:
Consider Contract Addition (C.O. #1) in the amount of $17,720
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Regular Commission Meeting
January 23, 1996
and a 60 calendar day time extension to Murray Logan
Construction for miscellaneous repairs at Lift Stations 81 and
83; with funding from 442-5178-536-61.83.
K. RESERVED TEE TIME PROGRAM FOR HOTELS: Consider a request to
revise the reserved tee time program for hotel guests to
eliminate restrictions.
L. APPOINTMENT TO THE PLANNING AND ZONING BOARD: Appoint a member
to the Planning and Zoning Board to fill an unexpired term
ending August 31, 1997. Mayor Lynch's appointment.
M. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint an alternate
member to the Board of Adjustment to fill an unexpired term
ending August 31, 1997. Dr. Alperin's appointment.
N. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint an
alternate member (layperson) to the Code Enforcement Board for
a three year term ending January 13, 1999. Dr. Alperin's
appointment.
O. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Consider
accepting the actions and decisions made by the Site Plan
Review and Appearance Board at its meeting of January 10, 1996,
subject to further consideration of the action to eliminate the
sidewalk requirement along Gleason Street.
10. Public Hearings:
A. ORDINANCE NO. 2-96: An ordinance rezoning the old Miller Dodge
property at 1900 North Federal Highway from AC (Automotive
Commercial) District to SAD (Special Activities District).
QUASI-JUDICIAL HEARING
B. ORDINANCE NO. 1-96: SECOND READING/SECOND PUBLIC HEARING for
an ordinance amending LDR Section 4.4.9(D) by adding the sale
and service of all terrain vehicles and personal watercraft
(waverunners, jet skis) as a conditional use in the General
Commercial zoning district.
C. ORDINANCE NO. 6-96: An ordinance amending Chapter 96, "Fire
Safety and Emergency Services", Section 96.66, "Emergency
Medical Transportation Fees", of the City Code to revise the
fee schedule for emergency medical transportation in accordance
with the Inflation Index Charge for 1996.
D. ORDINANCE NO. 3-96: An ordinance rezoning Tract A, Tract L-2,
and a portion of Tract R, Congress Park South Replat, from PCC
(Planned Commerce Center) District to MIC (Mixed Industrial and
Commercial) District. The subject property is located south of
Atlantic Avenue on the west side of Congress Avenue and
contains 5.35 acres. QUASI-JUDICIAL HEARING
E. ORDINANCE NO. 4-96: An ordinance rezoning Tract E, Congress
Park South (Municipal Golf Course storage and maintenance
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Regular Commission Meeting
January 23, 1996
facility), from PCC (Planned Commerce Center) District to OSR
(Open Space and Recreation) District. The subject property is
located south of Atlantic Avenue on the west side of Congress
Avenue and contains 0.87 acres. QUASI-JUDICIAL HEARING
F. ORDINANCE NO. 5-96: An ordinance amending Chapter 35,
"Employee Policies and Benefits", Section 35.037, "Collective
Bargaining; Approval or Rejection", of the City Code to bring
the code into compliance with state law.
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. 7-96: An ordinance rezoning a 7.84 acre parcel
of land from R-1-A (Single Family Residential) District to CF
(Community Facilities) District for the Full Gospel Assembly
Church. The subject property is located at the southwest
corner of S.W. 10th Street and Swinton Avenue. If passed, a
quasi-judicial/public hearing will be held on February 6, 1996.
13. Comments and Inquiries on Non-Agenda Items.
A. City Manager
B. City Attorney
C. City Commission
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - JANUARY 23. 1996 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P,M,
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
9.P. CONTRACT ADDITION FOR MANSARD ROOF REPLACEMENT AT FIRE
STATION NO. 4 Consider contract addition in the amount
of $24,030.27 and 21 additional calendar days to the
contract with RPM General Contractors, Inc. for replace-
ment of the wood shingle mansard roof with an asphalt
shingle roof at Fire Station No. 4.
~.~. LOO,P_LO PEA~E.. ._Yn-t-F_,enPr'T-lOnt"q~ ~CceST'- ,rO,~ ~E t°OL<F_.
WHEREAS, on December 26, 1995, at approximately
7:30 p.m., three Florida Power & Light employees were working
in the vicinity of 124 S.W. 6th Avenue when they heard a young
child screaming; and
WHEREAS, responding quickly to his cries for help,
they discovered a child running from his home with a burning
artificial plant in his hands. The workers removed the plant
and administered first aid to his burns; and
WHEREAS, upon entering the house they discovered
another plant burning that had started to scorch and ignite the
wall. They pulled the burning plant from the building and made
sure the fire was out; and
WHEREAS, they summoned the Police and Fire
departments to the scene. Upon arrival, paramedics treated
the five year old child. A crew inspecting the home found the
oven and stove burners were left on and the towels next to the
burners were smoldering. This hazard was immediately removed;
and
WHEREAS, it was the quick and decisive manner in
which these three individuals responded that saved not only
serious damage to the home but possibly severe injury or death
to the unattended child.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby recognize and commend
RICHARD ELASIK
BARRY MARTINDALE
and
MIKE MILLER
for their decision to get involved and come to the aid of a
child in need. It is the heroic actions of such individuals
that sets the standard and highest tradition of outstanding
community service.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida,
to be affixed this 23rd day of January, 1996.
WHEREAS, on January 10, 1989, Tim Onnen was
appointed as a regular member to the Delray Beach Code
Enforcement Board; and
WHEREAS, for over seven years Tim has voluntarily
served on the Board while managing and running a very active
electrical contractor business within the City; and
WHEREAS, since 1991 Tim served as Chairman of the
Code Enforcement Board, assuming additional responsibilities;
and
WHEREAS, Tim Onnen's term on the Code Enforcement
Board ended January 14, 1996. Throughout his tenure he
consistently acted in a fair and impartial manner bringing
cohesiveness and decisiveness to the entire Code Enforcement
Board process.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby commend
TIM ONNEN
for his dedicated service to the City of Delray Beach. It is
through the efforts of dedicated citizens like Tim that Delray
Beach becomes a safer community in which to live.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida,
to be affixed this 23rd day of January, 1996.
MAYOR
THOMAS E. LYNCH
SEAL
MEMORANDUM
TO: Lula Butler, Community Improvement Director
FROM: Richard Bauer, Code Enforcement Administrator
SUBJECT: CODE ENFORCEMENT BOARD; TIM ONNEN
DATE: January 11, 1996
Mr. Onnen was first appointed as a regular member to the Code Enforcement Board on
January 10, 1989. On January 14, 1996, Tim's final term as Code Enforcement Board
member expired.
For over seven years Tim served the City through his participation in the Code
Enforcement Board and also managed to run an active electrical contractor business in the
City. For the last several terms of Tim's membership on the Board he also served as the
Chairperson, assuming additional responsibilities.
Throughout Tim's tenure on the board, he consistently acted in a fair and impartial manner
in all the cases he heard and brought cohesiveness and decisiveness to the entire Code
Enforcement Board process.
I recommend that the City Commission formally commend Tim for his dedicated service
to the City.
W~ER~AS, Jerry Janaro has been a member of the
Greater Delray Beach Chamber of Commerce since 1985; and
W]IEP,~AS, Jerry has served as Chairman of the Board
of the Greater Delray Beach Chamber from January 1, 1995 to
December 31, 1995; and
W~EREAS, under Jerry's leadership, the Chamber met
and/or exceeded over 90% of the Program of Work Goals
including:
· The creation of a new Education Committee to
encourage business participation in local school
advisory committees (SACs) and to raise money
through the Chamber's new education foundation to
provide mini-Grants to Delray area schools.
· Expanded Leadership Delray Beach to include High
School students and initiated a program that places
a High School student on the Chamber's Board of
Directors.
· Created a Delray Beach Domain on the Internet's
World Wide Web.
· Developed FAM event through the Tourism Committee
that hosted over 30 group travel planners who
toured Delray over a three day period.
· Created, in cooperation with the T.E.D. Center, the
new Minority Business Outreach.
· Initiated a new LeGislative Alert Network to inform
members on current legislative issues at all levels
of government.
· The Delray Affair again set record numbers with
over 250,000 persons in attendance and a direct
economic impact of over 7 million dollars.
· Continued to house and support the Joint Venture,
the cooperative program of the Chamber, the
Community Redevelopment Agency and the downtown
Development Authority for the purpose of marketing
downtown Delray Beach.
· Hosted the Centennial Business Luncheon recognizinG
more than 60 businesses which have been in business
in Delray for 25 years or more.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby join in the honoring of
JERRY JANARO
in recognition of his many accomplishments and years of
dedicated service to his community through the Greater Delray
Beach Chamber of Commerce.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida,
to be affixed this 23rd day of January, 1996.
MAYOR
THOMAS E. LYNCH
Old School Square Cultural Arts Center
Crest Theatre
Cornell Museum of Art and History
to Kick-off
"100 Years of Education in
Delray Beach"
Friday, January 26, 1996
8:00 p.m. performance of
ZORA NEALE HURSTON
With Phyllis McEwen
in the Crest Theatre at Old School Square
Immediately following the performance, please join us for a
reception in the Corneli Museum of Art and History with the
actress and community representatives to celebrate our
cultural and educational heritage. Our evening will be
enriched by a preview exhibit of early education in the African
American community of Delray Beach.
Tickets for performance and reception: $15.00
Call Old School Square Box Office 243-3183
WHEREAS, there are many families in the City of
Delray Beach who have difficulty providing holiday gifts for
their children; and
WHEREAS, many of these children participate in the
City's After-School Program; and
WHEREAS, through the Holiday Toy Drive program,
many people have come together to generously give their time,
effort and funds to insure a joyful holiday for the children in
the After-School Program; and
WHEREAS, thousands of toys and dollars have been
provided by the Holiday Toy Drive for these less fortunate
children.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby extend our warmest and heartfelt thanks
to
SEANANDERSON OF THE KIDS & COPS COMMITTEE
PERRY DONFRANCISCO OF BOSTON'S
a DELRAY CITIZENS FOR DELP. AY POLICE
CATHY HAZARD OF LEADERSHIP/ADELPHIA CABLE T.V.
LISA HENDERSON OF DELRAY COMMUNITY HOSPITAL
JENNIFER ARDITO AND LORI DENOSKY OF OFFICE DEPOT
for their dedication and hard work in making the Holiday Toy
Drive a great success.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida,
to be affixed this 23rd day of January, 1996.
MAYOR
THOMAS E. LYN~
SEAL
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # ~/~ - MEETING OF JANUARY 23, 1996
DATE: JANUARY 19, 1996
THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
£1T¥ DF DELRI:I¥ BEI:I£H
CITY ATTORNEY'S OFFICE TM
FACSIMILE 407/278-4755 Wdt~'s D~ L~e: (407) 243-7091
DELRAY BEACH
Ali. America Ci~ MEMO~NDUM
1993 TO: City Comssion
FROM: Brian Shutt, Assist~t City Attorney
S~CT: Sewer e~ension joim ~ndin~ Lee propeay
On June 6, 1995 the City Co~ssion approved a request for joim ~nding on the
construction o~ appro~mately 1,400 line~ feet of ~avity sewer m~n Mong Fr~wood
Ddve to se~e the 16 acre Lee propeay whch had been recemly ~exed imo the City.
Lee's Crossing - Delray Beach Li~ted P~nershp was the entity just recently fomed to act
as the developer for the Lee propeay. The aRached agreement is between the City and
Lee's Crossing - Delray Beach Li~ted P~ners~p as the developer ~d owner.
The proposed development of the propeay is for appro~mately 50 to 55 single f~ly
homes. In order to prohde sewer se~ice to the developmem the grahty sewer m~n would
mn along Fr~wood DrNe to an e~st~g m~ole on B~ck Road. The one t~rd
paaicipation that was previously approved by the Co~ssion ~d was based on the ratio
of e~sting lots ~ong Fr~wood Ddve (26) to the tot~ number of proposed uffits to be
se~ed by the facility (55 + 26 = 81, 26/81 = 33%).
The agreemem is structured in such a way that the m~mum mourn the City would have
to pay under any circumst~ce would be one t~rd of $100,000 or $33,333.00. If the
Developer were to construct more th~ the 55 single f~ly homes on the propeay then the
City's comdbmion would decrease because the ratio of the homes being constructed by the
Developer would increase as comp~ed to the 26 lots Mong Fr~wood Drive.
By copy of t~s agreement to the City Manager, our office requests it be placed on the
J~u~ 23, 1996 City Co~ssion Agenda.
Please cml if you have ~y questions.
cc: Dahd H~den, City M~ager
Dick Hasko, Deputy Director of Public Utilities
Mison Mac~egor H~y, City Clerk
Pr/ntod e,n RecycZed Paper
12/27/95 W]~D 10:50 FAX 407 278 4755 DEL BCH C'I~,' ATTY ~002
AGREI;M]~NT BI~TW~EN ~ CITY OF D~Y BEACH
AND LI~E'S CROSSING - DEL~Y B~ ~D P~~, FOR
~~G OF S~~Y,SEWER ~ENSION TO SER~ ~ ~ PROPER~
~S AG~~. ~e ~d ent~ ~o ~s ~ d~ of , 199~
by and b~ ~'S ~OSS~G - D~Y BEACH L~ P~~. h~
refe~d to as '~E~LOP~" ~d ~e CI~ OF D~Y BEAC~ a m~idp~ ~ the Stme
of~ofi~ here~ r~ to ~ the ~C~.
WITNESSETH
~~, the CiW be~ that ~e ~~on of ~e ~y homes ~o~d~
b~ ~g ~om~t for its residers ~d it des~es to promote the co~on of ~e
f~y ho~s ~in ~e Ci~ ofDe~y B~ md
~~, ~e Ci~ he,eves ~t by pro~ such ~t~ ~wer se~ce~ the Ci~
promotes ~e gen~ were of the resid~ts of~e Ci~ ofDe~y B~ch; ~d
~~, the Co~W h~ ~ ~6on ~ ~o~ ~at p~des for jolt
con~om from ~e Co~, the C~, ~d ~e Developer for ~e co~m~on of ~s~e
ff the ~opos~ d~elopm~ is Io~ ~ ~ enclave or ~ck~, ~ mb~d ~, is
~ for a lo~c~ ~e~on of a m~p~ bound, is ~clud~ ~ a m~cip~ ~fion
~d is locat~ ~t of~ Tr~ ~d
~AS. prior to ~on the ~ ~ope~ m~ ~ of~e req~ments ~ ~ove
~d ~ ~ enclave und~ ~ofi~ S~te S~fion 171.031. The L~ Prope~ hm no
~r se~ ~d ~ ~s~g ~ifies ~c ~id~ ~b~d~d; ~d
~AS, the CiW de~s to pro. de m ~pprop~ate con. huron to ~ ~nst~ion of
~e ~ ~ e~cn~on to ~ ~ ~ope~ ~ ord~ not to p~sh ~e d~oper for
12/27/95 ~ 10:50 FAX 407 278 475~ DEL BCH CTY ATTY ~00~
into the City prior to obtaining service they would have been entitled to in the Coumy prior to
ann~0cation; and
WHEREAS, thc City, considers this an unique situation which requires a special
contribution to the provision of sanitary sewer services.
NOW, THEREFORE, for the promises as set forth herein the parties agree as follows:
1. The above-stated recitals are incorporated herein as if fully set forth herein.
9.. The Developer will provide, construct and irmall an eight (8) inch sanitary sewer
pipe connecting to the sanitary sewer service at Barwick Road and extending along the right-of-
way of Franwood Drive to the Lee Property, an estimated length of 1,400 i~. (Az shown in
Exhibit "A").
3. The sanitary sewer pipe will be furnished with sufficient corm6~ions along
Franwood Drive to allow sanitary sewer service to b~ provided to the e~xisting 26 lota on
Franwood Drive.
4. The D~veloper a~serts that it ~ build approximatdy 55 singlo family det~hed
homes on the parcel ofl~nd known as the Le~ Prop~:y. The parties agree that in eomid~ration of
the building of 55 single family detached hom~s the City shall contribute as set forth herein an
amount for sanitary sewer services to encourage such dovelopment. The Developer has
that it will cost approximately $100,000.00 to construct the sanitary sewer extension for the 55
single ~mily detached unit d~elopment. The 26 lots along Franwood Drive constitute
approximately one third of the total amount of single family detached units that will be s~-vic~l by
the sanitary sewer extension and, th~efore, the City shall pay a ~um i~aount of ot~ third,
not to exceed $33,333.00, of the total amount of the project. The City d~t'es to provide sanitary
2
12/27/95 WED 10:5i FAX 407 278 4755 DHL BCH CTY ATTY ~004
sewer service to the 26 lots, which are not located in the City, in order to gain access to the Lee
Property.
5. If the Developer increases or decreases the number of single family detached
homes that will be constructed on the Lee Property then the percentage of the total amount that
the City will pay shall be modified by the formula as set forth herein. For example:
(1) Ifthe Developer builds 55 single family detached homes, asit has asserted,
and the total construction cost is less than $100,000.00, then the City's
contribution percentage would be as follows:
(single family homes to be constructed) 55
+ 0ors along Franwood Drive) + 26
= (tot~ number of homes) ~- 81
(lots along Franwood Drive) 26
{total number ofhome~) + 81
(% of City's contribution) = 32%
Therefore, if the Developer builds $5 single family detached homes and the total
construction cost is less than $100,000.00, the City's contribution is a maximum
of one third of the actual construction cost.
Under this same .scenario ii'the Developer builds 55 single family detached homes
and the total construction cost is $100,000.00 or greater, then the City's
contribution is a maximum of one third orS100,000.00 or $33,333.00.
(2) If the Developer were to build 75 single family detached homes rather than
55 the City's contribution percentage would be as follows:
(single family homes to be constructed) 75 .
.{lots along F. ranwood Drive) + 26
(total number of homes) ~- 101
(lots along Franwood Drive) 26
{total number of homes) + ~
(% of City's coui~ibution) = 26%
Under the second scenario if the total cost for construction is $100,000.00 or less,
and if the Developer increases the number of single Family detached homes to 75,
then the City shall only be requ/red to pay 26% of the actual cost of construction.
If the total amount of construction is $100,000.00 or ooreater and the Developer
3
12/27/95 WED 10:52 FAX 407 276 4755 ~EL BC~ CT'/' AT'I'Y ~005
increases the number of single family homes to 75, then the City would only pay a
maximum of 26% of $100,000.00, ($26,000.00) rather than $33,333.00.
(3) If the Developer were to construct less than 55 single family detached
homes on the Lee Property and the total cost of construction is less than
$100,000.00 then the City would only pay a maximum of one third of the actual
cost of construction of the sanitary sewer extension. Even though the percentage
of homes along 1;ranwood Drive would increase compared to the percentage of
homes that would be developed, this scenario would not increase the City's
contribution above one third of the actual construction cost. For example if the
Developer only builds 35 single ~mi~j detached homes then the City's contn'otnion
percentage would be as follows:
(single family homes to be constructed) 35
+ (lots alon_~ Franwood D_rive) + :26
= (total number of homes) = 61
(lots along Franwood Drive) 26
~- (t. otal number of'homes) + 61
= (% o£ City's conm"oution) = ~
(maximum % of'City's contribution) = 33%
Under this scenario i~ the Developer were to only build 35 single family detached
homes, although, it might appear that the City would contribute 43% of the cost or'
construction o£ the sanitat7 sewer extension, this is not the case, the City would
only contribute a m.~firnum o£ 33% of the actual construction cost if' the total
construction cost for the sanitary sewer extension is less than $100,000.00
If the Developer were to construct less than 55 single family detached homes on
the Lee Property and the total cost o£ construction is greater than $I00,000.00, the
City would only pay a maximum of'one third of $100,000.00 or $33,333.00.
6. This Agreement is void if the Developer fails to construct single family detached
homes as set forth herein.
7. The project must be completed in accordance with thc City of Delray Beach Utility
standards and will be inspected by the City for compliance with the applicable standards.
8. Payment will be made by the City to the Developer within 30 days after the City
receives a notice of Release from the Palm Beach County Public Health Department and Releases
4
12/27/95 ~ 10:52 ~AX 407 2?$ A?SS ~£~ ~CA C'1'~ ATi'~ ~005
of Lien from all material suppliers, m~erialmen, contractors and subcontractors as well as
documentation (i.e. paid bills) showing the total cost of the project.
9. Developer warrants and guarantees that title to all the materials and work that
went into constructing the sanita~ sewer extension will pass to the City at the time of completion
of'the project.
10. This Agreement is ass/gnable only if a subsequent developer prov/des for a
residential development of' single family detached housing as provided for/n parasraph 4. The
Agreement is not otherwise assignable or transferable unless first approved by the City
Commission o/'the City of Delray Beach
11. In consideration of ten dollars ($10.00) and other valuable consideration, the
Developer shall defend, indemnify and save harmless the City,/rs officers, al/ents and employees,
from or on account of any claims, losses, injuries or damages, received or sustained by any person
or persons during or on account of'any operations connected with thc construction of'this project;
or by or in consequence of' any negligence (excluding the sole negligence of' the City), /n
connection with the same; or by use of any improper materials or by or on ac, count of any act or
omission of said Developer or his contractor, subcontractors, agents, servants or employees.
Developer agrees to defend, indemnify and save harmless thc City, its officers, agents and
employees, against any liability arising ~om or based upon the violation of any l%deral, State,
County or City hws, by-laws, ordinances or regulations by the Developer, his contractor,
subcontractors, agents, servants or employees.
12/27/95 IFED 10:53 FAX 407 2?$ 4?$$ DEL BCH CFI' ATT'ff ~007
12. All notices provided /'or in this agreement shall be in writing and eith~ hand
delivered or sent by certified or registe~'d mail to the party to bc notified at the following
respective addrcsses which may be changed by written notice only:
City: Ol~ce of the City Manager
100 N.W. 1st Avenue
Dclray Beach, FL 33444
Developer Lee's Crossing - Delray Beach Limited Parmersl~p
do Four Waves Enterprises, Inc.
Suite 390
5701 N. Pine Island Road
Tamarac, FL 33321
13. This Agreement constitutes the entire agreement and understanding of the parties,
and supersedes all offers, negotiations, and other agreements. There are no representations or
understandings o/' any kind not se~ forth herein. Any amendments to this Agreement must be in
writing and executed by both parties.
IN WITNESS WHEREOF, the parties hereto have e~tered into this Agreement as of the
day and year &st above written.
W~T~SSES: Lee's Crossing - Delray Beach Limited Parmership,
a Florida limited partnership
By: L~e's Crossing - Delray Beach GP Limited
(Name Primed or Typed) Partnership, a Florida limited partnership
Gener~! Partner .
(Name Printed or Typed) By: Hearthstone Advisors, Inc.
a California corporation
t~l P~rt~r
Richard O, Wemer
Chief Executive Officer
(~ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Ooun~ of Los Anqeles
On~~~ ~,/qg~ bef0reme, Arlene M. Smith, Notary Publi.~ ,
DATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBUC'
personally appeared Richard O. Werner ,
NAME(S) OF SIGNER(S}
[] personally known to me - OR - [] proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
...... capacity(les), and that by his/her/their
~ A.~EN~ M. SM~H t~ ~'' signature(s) on the instrument the person(s),
· ~/'.:~~/ COMM,,~gS0597 :: or the entity upon behalf of which the
~ ~~.o}~.,,~i~./ NototYPublIc--~a,itorniqLOSANGELE~ L;CUNTY ~: person(s) acted, executed the instrument.
WIT_NESS my hand and official seal.
SIGNATURE OF NOTARY ~
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATI'ACHED DOCUMENT
[] INDIVIDUAL
[] CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TrrLE(S)
[] PARTNER(S) [] LIMITED
[] GENERAL
[] A'CI'ORNEY-IN-FACT NUMBER OF PAGES
[] TRUSTEE(S)
[] GUARDIAN/CONSERVATOR
[] OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(lES)
SIGNER(S) OTHER THAN NAMED ABOVE
~1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184
12/27~95 IrED 10:53 FAX 407 278 4755 DEL BCH CTY ATTIC ~005
STATE OF
COUNTY OF PALM
I HEREBY that on dis before me, an officer duly authorized in
the state and county to acknowledgments, personally appeared
, the person described in and who executed the
foregoin~ instrument as a partner , a partnersl~p.
He/She acknowledged before me that executed the same as the aa and de~ of ~aid
partnership for the uses and purposes'
SWORN TO before me ~is day of
Siinat~re ~ Public
State
My Commission Expires:
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Mayor
Approved as to Forrm
~-.. City Attorney
Memorandum
To: David Harden, City Manager n ~~
Thru: Lula Butler, Community Improvement Directo~~j~'~t/~ ]/-~/
From: Dorothy Ellington, Community Development Coordinator
Date: January 17, 1996
Subject: DELRAY BEACH RENAISSANCE MEMORANDUM OF
UNDERSTANDING/POLICIES AND PROCEDURES
ITEM BEFORE THE COMMISSION
The purpose of this item is to obtain approval of the Memorandum of Understanding and
Policies and Procedures that will govern the Delray Beach Renaissance Program.
BACKGROUND
Pursuant to recommendations from the Visions 2005 Assembly report, the Department
of Community Improvement invited the various housing providers to a series of
meetings designed to develop a coordinated approach to affordable housing delivery.
The Delray Beach Renaissance Program was first presented to the Commission on
January 17, 1995 when we received approval to submit an application to the Federal
Home Loan Bank for additional subsidy dollars. Staff provided a detailed description of
the program at that time.
This new approach to affordable housing delivery was developed after one full year of
meetings between the various agencies involved in providing affordable housing. The
Memorandum of Understanding and accompanying Policies and Procedures are the
results of those meetings. All of the agency's Boards of Directors have approved the
document that outlines the responsibilities of each partner.
The program was designed to assist 80 families over a period of two years. The City
will coordinate the program and provide subsidy dollars through our HOME, SHIP and
Bootstrap programs. Each agency has committed either cash or expertise to this program
with the nonprofit agencies serving as agents for the home buyers. The amount of
dollars available for the program is defined in Exhibit B of the Memorandum of
Understanding.
Financing (1 st Mortgage funding) is provided through the Community Financing
Consortium; The Community Redevelopment Agency is providing $100,000 for subsidies
plus architectural designs, appraisals, lots with clean titles and technical assistance to
nonprofit agencies; The Delray Beach Housing Authority will provide $60,000 for
subsidies and train non profits in the area of rental management; The TED Center and
the Delray Beach Community Development Corporation (CDC) will receive applications
for the program, screen applicants, forward applications and requests for subsidy to the
Department of Community Improvement and loan packages to the lending institution,
work with builders, oversee construction and provide educational workshops and
seminars.
The Memorandum of Understanding has been reviewed by the City Attorney for legal
sufficiency and upon approval will be in effect for a two-year period ending September
30, 1997.
RECOMMENDATION
Staff recommends approval of the Memorandum of Understanding and attached Policies
and Procedures.
Agenda Item No.: f 'C ·
AGENDA REQUEST
Request to be placed on: Date: 1/16/96
Regular Agenda
Special Agenda
Workshop Agenda
xxx Consent Agenda When: 1/23/96
Description of item (who, what, where, how much):
The purpose of this item is to obtain approval of the Memorandum oI Understanding
& Policies and Procedures that will govern the Delray Beach Renaissance Program.
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Staff recommends approval of the Memorandum of Understanding
and attached Policies and Procedures.
(Example: Recommend approval with funding from Special Events
Account No. 001-3333-555-44.55).
Department Head Signature:
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
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
DELRAY BEACH HOUSING RENAISSANCE PROGRAM
MEMORANDUM OF UNDERSTANDING
This memorandum of understanding, hereinafter referred to as the MEMORANDUM, entered into
as of the day of ., 1995 by and between the public and private sector
participants of the Delray Beach Renaissance Program, hereinafter referred to as the PROGRAM:
The City of Delray Beach (City), the De[ray Beach Community Redevelopment Agency (CRA), the
Community Financing Consortium, Inc (CFC), the Delray Beach Housing Authority (DBHA), the
Delray Beach Center for Technology, Enterprise & Development, Inc. (TED Center), the Delray
Beach Community Development Corporation (Delray CDC), hereinafter collectively are referred to
as PARTICIPANTS,
Whereas, the Delray Beach Renaissance Program was formed as a result of the Visions 2005
Planning Retreat, sponsored by the Chamber of Commerce, which recommended that the delivery
of all affordable housing be coordinated through the City's Community Improvement Department,
and that all public and private agencies, housing providers and financial institutions be asked to
jointly participate in this coordinated effort to facilitate the delivery of affordable housing throughout
the City of Delray Beach. Thus, the Delray Beach Renaissance Program was formed to:
1. Revitalize blighted communities within the designated target areas of the City's CDBG and
CRA geographic boundaries (see attachments "Maps");
2. Create the opportunity to provide a viable economic mix of income levels within the
designated target areas;
3. Provide decent, safe, affordable housing for households determined to be low to moderate
income;
4. Encourage private sector home builders to construct affordable housing within the designated
target areas by providing buildable, vacant residential lots to participating non-profit
organizations and eligible families;
5. Provide participating building and non-profit organizations access to construction financing
through a non-profit consortium of lenders called the Community Financing Consortium,
Inc.;
6. Create a mix of affordable housing units with sale prices ranging between $60,000 and
$113,000 in compliance with guidelines established by the U. S. Department of Treasury.
See Exhibit A
7. Provide an opportunity for area residents to receive training and obtain skills in cabinet
making and other areas of construction;
8. Provide for a comprehensive, coordinated approach to the delivery of affordable housing,
maximizing the ability to leverage available funds and stabilize residential neighborhoods
within the designated target areas.
Whereas, the participants of the Delray Renaissance Program have committed specific funding
allocations to the creation and success of the program, (Exhibit B), and
Whereas, the participants of the program have identified roles and responsibilities of each
participants as follows:
CITY OF DELRAY BEACH
Overall coordination, monitoring and reporting of ail program requirements of the Delray
Beach Renaissance Program.
· Ensure the availability of funds to be used as subsidies from the City's HOME, SHIP, CDBG
and Bootstrap programs.
· Act as the clearinghouse on behaif of ail partners, coordinating the approval and advance of
subsidies for eligible families, provide income and environmental certifications for each
participating family and/or lot.
· Ensure compliance to each locai, State and Federal regulations governing designated funding
allocations.
· Provide appropriate incentives to units constructed under the Delray Beach Renaissance
Program as defined under the City's approved Housing Assistance Plan required under the
SHIP Program.
· Provide technical assistance on grant applications designed to leverage partnership dollars
and when necessary, identify and recommend to the City Commission the submission of
appropriate grant applications to further the success of the affordable program.
· Provide municipal permitting, inspections and services for ail units constructed under the
Delray Beach Renaissance Program.
· Make available City acquired lots to potential home buyers or participating not-for-profit
CDC's as a means of subsidy, ensuring the affordability of new units.
· In the discretion of the City, facilitate the construction of infrastructure improvements such
as sidewalks, streets and lighting when appropriate to facilitate the construction of infill
housing units.
· The City shall not enter into any contracts with participating contractors.
2
DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY
· To provide second and/or third mortgage assistance in the form of a subsidy to reduce
portion of the cost of the home in order to lower the end price to the home buyer. Up to
$30,000 of the Community Redevelopment Agency's commitment as described in Exhibit
B shall be set aside for residents whose incomes do not exceed 120% of the Median Family
Income.
· To provide lots with clean titles. Lots would be provided to home buyers by either an
assignment of contract and/or through a Request for Proposal (RFP) process as dictated by
State Statutes. The RFP would be responded to by a non-profit housing sponsor with a
comprehensive plan of development on behalf of the individual home buyer.
· To provide appraisals, soil boring, and surveys on lots acquired. The soil boring and surveys
would be reimbursed to the CRA by the contractor at the time of closing on the
construction/permanent loan by the home buyer.
· To provide architectural designs to builders, home buyers, and non-profits at minimal cost
($500 per plan).
· To provide technical and financial assistance to CDC's.
· To apply for grants to enhance program development: economic development, credit repair,
beautification projects, and administration.
THE COMMUNITY FINANCING CONSORTIUM, INC. (CFC, INC.)
The Community Financing Consortium, Inc. (CFC, Inc.) is a not-for-profit corporation involved in
the processing of first mortgage construction and permanent loans for affordable housing applicants.
Their role and responsibilities are as follows:
To provide technical assistance in grant applications to leverage partnership dollars and when
applicable, be an applicant or co-applicant with one or more of the parmers in the program.
· To organize and provide a 5-hour mandatory training session for home buyers. Attendance
would be monitored and certification issued upon successful completion. Certification
would be a requirement for loan closing.
· To provide a commitment for fn'st mortgage financing to affordable housing applicants with
an interest rate of 50 basis points lower than conventional financing.
· To recommend to the partner the amount of junior mortgages required for an individual
home buyer.
· To provide mortgage financing to home buyers and participating non-profit organizations
participating under the Delray Beach Housing Renaissance Program.
· To provide financing for the acquisition and development of the credit incubator facilities
under the program.
· To participate in grant and loan applications to sources such as the State HOME program and
the Federal Home Loan Bank of Atlanta.
· The provide loan processing for first mortgage financing. Loan processor shall be located
in Delray Beach.
DELRAY BEACH HOUSING AUTHORITY
The Delray Beach Housing Authority would also be a subsidy provider. In addition, their role and
responsibilities would be as follows:
· To provide subsidy monies for the junior mortgages.
· To provide rental management training to local non-profits.
· To assist low income families towards self-sufficiency and movement into home ownership.
NOT-FOR-PROFITS: THE TED CENTER AND THE DELRAY BEACH CDC
The not-for-profits would be the housing packages in the Delray Beach Renaissance Program
guiding home buyer applicants from pre-application to closing of the home. In addition, the
organization would participate in grant applications. Their role and responsibilities would be as
follows:
· To provide marketing oppommities for approved builders.
· To identify and seek out available funds to be used for leveraging existing program dollars
such as the reimbursement of impact fees through the Palm Beach County Commission on
Affordable Housing - Housing Trust Fund.
· To respond to lot sales offered by the City and CRA which require home buyer applicants
to have a comprehensive plan of development and a non-profit sponsor as co-applicant.
· To provide loan packaging for home buyers to the CFC lenders.
· To acquaint builders with code requirements, housing costs, housing specifications, and
design.
· To provide pre-qualification and credit counseling/repair for home buyers, assist them with
the builder's construction contract, and assist them in selecting a lot to purchase.
· To serve as agent for the Homebuyer, providing construction supervision, final walk-though
and punch list, monitor for warranty items and over all quality control.
To provide supervision of" Sweat Equity" requirements for home buyers. (TED Center only)
· To own and manage four (4) "Credit Incubator" residences for families below 50% of median
income. (A "Credit Incubator" is an affordable, single-family owned and rented by the not-
for-profit CDC to a family on a 2-year lease option to allow time for families to complete
their credit repair and increase their savings for down payment and closing costs.)
· To provide home buyer education workshops and seminars, including home maintenance and
repair, homestead exemption, code enforcement requirements, insurance, family budgeting,
etc.
To apply for grants designed to enhance program development, may be sole applicant or in
partnership with members of the Delray Beach Renaissance Program.
· To organize a neighborhood association, provide them with technical assistance and apply
for a not-for-profit status.
GOALS OF THE PROGRAM
The partners will provide senior and junior mortgages, packaging services, home buyer assistance
for 70 new homes and 10 rehabilitated homes over the period of this Agreement.
TIME OF PERFORMANCE
This Agreement shall be in effect during the period October 1, 1995 to September 30, 1997. All
roles and responsibilities shall be undertaken and performed in such sequence as to assume their
expeditious completion in light of the purposes outlined herein. An extension of this Agreement
shall be by consent of each partner.
TERMS AND CONDITIONS, POLICIES AND PROCEDURES
The Participants agree to comply with and be bound by all the terms and conditions of the
Agreement. Refer to Exhibit C for a detailed list of policies and procedures.
TERMINATION
The Participants agree to cooperate in carrying out the purpose of this Agreement. Failure to do so
by either party, or violation of any covenants, agreement or stipulations of this Agreement by either
of the parties shall wan'ant termination of the Agreement provided notification is given in writing
within thirty (30) days prior to the effective termination date.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and
year first above written.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk ~] O7~h
Approved as to Form:By:CO ',~r~n,~,~' ~~I2)~NT AGENCY
City Attorney Christopher Brown
Executive Director
Wimess: DELRAY BEACH COMMUNITY DEV. CORP.
By~
Charles Broadnax
Chairman of the Board
DELRAY BEACH HOUSIN~Q AUTHORITY
Bi.~~ ~fi/~~~
z Deborah Castellow
Executive Dj.rector ///Cf
BA rawO co S _OeTIUM /) //,fl(
Arthur Fleming .~
Executive Director (ff
~ ' - §mulVltcOhee /- - z-
Executive Director
6
EXHIBIT A
STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM
· 90% OF MEDIAN AREA PURCHASE PRICE
Il , LOCAL {3OVERNMEN? .... NEW EXISTING
IIFort Lauderdale PMSA 124,187 108,726
F~~.yers- Cape Cq.rat MSA 121,536 !02,242
IFc,'t Pier .c,e- Port St. Lude MSA 92.644, 95,682
I,klac, ks_.O, nville MSA 106,017 92,490
Lakeland - Winter Haven MSA 87,121 57,535
Melbourne - Titusville - Palm Bay MSA ! 1_~;749 90,846
Miami PMSA 119,439 113,418
.Naples MSA 106,365 118f254
Orlando MSA 95,838 101,707
Punta Gorda MSA 106,365 79,463
Sarasota - Bmdenton MSA 10§,711 .... __9_4~_9..9_5.~
Tallahassee MSA .1__0..6_,_365 I ...... 9.0.,.055.
Tampa - Sk Petersburg - Cleana, aler MSA 88,679 i 83,491
West Palm Beach - Boca Ralon MSA 134,040 / 107,949
".,~o~e: Rev~ Pmc~a~on ~4.55, U.S. O~'~eat o~ Tm~u~y
EXHIBIT B
FUNDING COMMITTMENT
SOURCE DOLLAR AMOUNT (2-Year Period)
COMMUNITY REDEVELOPMENT AGENCY $ 85,000
CITY OF DELRAY BEACH 745,000
DELRAY BEACH HOUSING AUTHORITY 60,000
FEDERAL HOME LOAN BANK 320,000
STATE HOME (Application approval pending) 176,000
TOTAL SUBSIDY $1,386,000
HOMEBUYER EQUITY $80,000
COMMUNITY FINANCING CONSORTIUM $4,800,000
EXHIBIT C
The Delray Beach Renaissance Program
Policies and Procedures
I. Purpose
The Delray Beach Renaissance Program is a coordinated approach to housing
delivery that utilizes the expertise and resources of all the City's Affordable
Housing Providers. The Program is designed to provide homeownership
opportunities to 80 home buyers through new construction and acquisition/rehab
beginning October 1, 1995 through September 30, 1997.
Specifically, the program has as its purpose:
Revitalization of deteriorated conditions within the CDBG and CRA target
areas.
· Creation of opportunities to provide viable economic mixes of income
levels within the target areas.
· Provision of decent, safe, affordable housing for low and moderate income
households.
· Through various incentives, encouragement of private builders to construct
affordable housing within the target areas.
Provision of construction financing opportunities for participating builders
and non profits through a consortium of lenders called the Community
Financing Consortium, Inc.
· Creation of a mix of affordable housing units with sale prices ranging
between $60,000 and $113,000.
· Job training opportunities for area residents.
· Coordination of housing delivery that provides for maximizing the ability to
leverage available affordable housing funds.
I. Approval
These policies and procedures require approval by the Delray Beach City
Commission, Delray Beach Housing Authority, The Community Redevelopment
Agency, The Community Financing Consortium, Inc., and the governing boards of
the Delray Beach Community Development Corporation (CDC) and the Delray
Beach Center of Technology, Enterprise and Development, Inc. (TED Center).
III. Administration
Overall administration of this program shall be in accordance with the
Memorandum of Understanding entered into between the Delray Beach
Affordable Housing Partners: The City of Delray Beach, The CRA, The Delray
Beach Housing Authority, The TED Center, The Delray Beach CDC and the
Community Financing Consortium, Inc.
Implementation of these policies and procedures shall be the responsibility of the
City of Delray Beach Director of Community Improvement, the Executive
Directors of the Housing Authority, the CRA, and the TED Center, and the
President of the Delray Beach CDC.
IV. Program Description
The following is a summary description, homebuyer eligibility criteria and overall
procedures for implementation of the of the various components of the Delray
Beach Renaissance Program.
A. Homebuilding
This component involves the construction of 70 new single family units and the
acquisition and rehabilitation of 10 additional single family units to be sold to the
very low, low and moderate income home buyers. Subsidy is available for eligible
homebuyers from the City's SHIP, HOME and Bootstrap Rehab Program, the
Community Redvelopment Agecncy's Affordable Housing Program, the Delray
Beach Housing Authority, the Federal Home Loan Bank Affordable Housing
Program and other public and private sources which may be made available in the
future. The amount of subsidy combined from all sources shall not exceed
$20,000 per household. Subsidy shall be awarded to homebuyers on a first come,
first served basis, with no preferential consideration being provided to either Non
Profit agency.
1. Eligibility_ and Priority. Considerations
Program administrators shall provide assistance in consideration of the
following:
2
a. Family Status - Parental households with dependent children shall
receive primary consideration.
b. Residency - families who are current residents or who are employed
within the City of Delray Beach.
c. Income - Families whose income levels do not exceed 80% of the
Median Family Income (MFI) adjusted for family size (following
HUD Section 8 guidelines). Those families with incomes below 50%
shall be targeted for 64 of the 80 units with those whose incomes not
exceeding 65% of MFI targeted for 16 of the units. Income will be
verified by contacting employers, Income Tax records and/or three
pay periods of check stubs.
d. Credit Worthiness - A credit report will be requested and reviewed
with the participating lender. Only those households meeting the
lenders credit standards will be processed further.
e. Debt Ratio (Affordability) - Applicants will be screened on the
lenders income to housing debt ratios. Housing expenses (PITI) may
exceed 30% of the households' income; however, this amount shall
not exceed 30% of the area median income limits adjusted for family
size for the income category.
f. Public Housing/Section 8 Tenants - Some preference will be given
to those eligible families that are presently residing at Carver Estates
Public Housing Complex or are currently receiving Section 8 rental
assistance.
g. First Time Homebuyers - In accordance with Federal Regulations at
24 CFR 92.2, first time homebuyers include displaced
homemakers, single parents and families who have not owned
a home within 3 years prior to application for housing
assistance.
2. Homebuyer Assistance
a. Assistance with Construction Financing - Low or no-interest loans
up to $20,000, averaging approximately $15,000, may be made for
principal reduction; the payment of closing costs and payment of
impact fees (ordinances adopted by Palm Beach County and the City
of Delray Beach do not allow the waiver of impact fees). Principal
Reductionwill be secured as a second mortgage on the property and
mn for 15 years with a 0% interest rate. For each year the household
lives in the property as their principal residence 1/15 of the assistance
amount will be forgiven. Subsidy assistance provided with Federal
Home Loan Bank dollars will be secured by a third position
mortgage.
b. Lot Acquisition for New Construction -
Assistance with the purchase of vacant, single family lots within the
boundaries of the CDBG Target Area may be given to eligible
sponsors or the very low and low income households needing to
subsidize a portion of the cost of the home or mortgage to reduce the
end price. Lots acquired and provided to eligible sponsors and/or
families will be conditioned on construction beginning within twelve
months of closing or assignment of the lot, and the condition that the
new unit must be completed within 24 months of the fiscal year in
which it was acquired.
Families receiving this form of assistance must be approved for a
mortgage. Lots shall be provided on a first come/first served basis.
c. Acquisition/Rehabilitation Assistance - Assistance to very low
and low income households to purchase existing homes which may
need repair and will be used as their principal home may be provided.
The assistance provided will be in the form of a deferred loan up to
$15,000, with the average assistance per unit being approximately
$8,000. This assistance will be secured as a second mortgage on the
property and run for 15 years with a 0% interest rate. For each year
the household lives in the property as their principal residence 1/15 of
the assistance amount will be forgiven.
4
3. Recapture Provisions
Families assisted under this program shall be contractually subject to
Recapture Provisions as set forth in the Palm Beach County/City of Delray
Beach HOME Consortium Program Description and the City of Delray
Beach SHIP Housing Assistance Plan. These provisions require that
purchasers must occupy the unit assisted as the principal residence for a
period of 15 years. Any subsequent low income purchaser must also retain
the house as principal residence for the balance of the period. If the unit is
subsequently sold to a non low income buyer, then the initial assistance,
less mortgage amortization, shall be payable in full.
These provisions shall be secured by a mortgage note which shall be
recorded in the Public Records of Palm Beach County.
4. Application Process/Loan Processing
Applications for Affordable Housing assistance may be obtained from either
participating agency (City of Delray Beach, CRA, Delray Beach Housing
Authority, The TED Center or The Delray Beach CDC). Each application
for assistance shall be processed by either the TED Center or the Delray
Beach CDC.
Upon receipt of application, the Non-Profit agency shall determine
eligibility of applicant, provide prequalification services, credit counseling,
housing unit and lot selection and building contractor assistance.
Upon the completion of the pre-qualification, eligibility and other aplicant
processing, the non-profit shall notify the City of Delray Community
Development Coordinator of the estimated amount of required subsidy.
The non profit shall consult with the Community Financing Consortium to
obtain a valid pre-qualification amount.
The following shall be considered a formal notification:
1. A Standard Form of Agreement Between Owner and Contractor
2. Detailed Construction Costs including all hard and soft costs
5
including detailed developer's fees if any.
3. Specification Sheets
4. Income Certification Form
5. Lot Acquisition Contract
Upon receipt of the applicant packet from the non profit, the CD Coordinator shall
verify eligibility in accordance with Federal, State and Local regulations. Once
this information has been verified, the applicant shall be referred to the
Community Financing Consortium for underwriting and mortgage approval.
5. Contractor Pre-qualification and Selection Process
The participating nonprofit agencies, the TED Center and the Delray Beach
CDC shall be responsible for pre-certifying and selecting builders for the
development of housing. The nonprofit agencies shall advertise an
invitation for contractors to participate and shall develop a list of a
minimum of 5 and a maximum of 7 general contractors who meet the
following general criteria:
· Proof of license and insurance
· Demonstrative Financial Soundness
· Ability provide a 1 O-year Home Owners Warranty Program
· Ability to provide a minimum of three different floor plans
· Ability to provide an affordable product
· Possesses a proven track record in the Single Family Affordable market as
attested to by governmental agencies, nonprofits, homebuyers, banks and
suppliers.
· Ability and willingness to invest $200 annually upon acceptance as a
participant contractor and $50 for each unit contracted to build. These
funds are to be used for marketing the Renaissance Program
6. Morteaee Financine
Upon receipt of the above described packet, the Community Financing
Consortium shall proceed with its underwriting and loan processing.
Within one week of loan closing, verification of subsidy needs and a formal
request for funds shall be provided to the City of Delray Beach.
6
7. Mandatory. Homebuyer Seminars
Homebuyers shall be required to attend at least one 4-hour training session.
The City of Delray Beach, each non-profit agency and the Community
Financing Consortium shall jointly coordinate each session.
These sessions shall at a minimum include the following topics:
1. Personal Finance and Planning
2. Credit and Borrowing
3. Fair Housing Issues
4. Maintenance and Upkeep
5. Underwriting Criteria
6. Property Tax Information
7. Other information as required by participants and federal/state
regulations.
B. Credit Incubator
We project that there will be applicants whose credit history will deter them from
purchasing a home during the first years of the Renaissance program. This
component provides for the acquisition of four units to be owned and managed by
the participating non profits for the purpose of leasing to applicants with less than
desirable credit histories. These applicants would be required to attend seminars
and other ongoing programs designed to repair damaged credit. At the end of their
incubation period, the applicant would be given the opportunity to purchase the
unit occupied. Subsidy would be provided at closing as in the Homebuilding
component.
C. Title Repair
There are a number of vacant lots within the City of Delray Beach that, due to
many reasons, have faulty titles. Many of the lots have been demolished over a
period of 10 years by the City (eliminating blight) or owned by heirs of persons
who died with no Will, or merely were never recorded properly in County records.
This component involves the purchase of and/or the contracting and assignment of
contracts for lots through the Community Redevelopment Agency. The CRA
7
shall provide title clearance for subsequent sale to a purchaser.
D. Community Stabilization
This component incorporates the City of Delray Beach's existing CDBG-funded
housing rehabilitation program, the locally funded Neighborhood Programs and
Community Oriented Code Enforcement programs in order to enhance the
construction efforts. The City currently provides CDBG grants to low income
homeowners for substantial rehabilitation. Additionally, local funds are provided
to improve the exterior of owner-occupied housing units. Also, with the adoption
of the 1990 Comprehensive Plan, the City committed to provide technical
assistance to organizing neighborhood associations throughout the City. These
programs along with our Community Oriented Code Enforcement have already
created a visually improved community since 1990.
Approved Policies and Procedures of the CDBG program and Code Enforcement
shall govern this component.
E. Cabinet Construction Apprenticeship
This component shall take its lead from the private builders, who in cooperation
with local vocational schools shall provide on-the-job training opportunities to
persons enrolled in cabinet making programs. These apprentices shall provide the
cabinets for the new construction component of the Delray Beach Renaissance.
MEMORANDUM
To: David T. Harden
City Manager
From: Joseph M. Sar~~'
Director of F~n.~/-~
Subject: Revision to City Policy and Procedure Number BF-2, "Investment
Policy and Procedures"
Date: January 17, 1996
On September 19, 1995, the City Commission adopted the above referenced policy
and procedure. We have made the following revisions to this policy:
1. Under BF-2.3 A. Authorized Financial Dealer and Institutions, we have
added language to include secondary dealer/brokers who act as investment arms
of local qualified banking institutions and stipulated that all financial
institutions, with the exception of the State Board of Administration, must
have offices within the 50 mile radius of the City.
2. Under BF-2.4 A. Investment Types, we have added a paragraph to allow for
Guaranteed Investment Contracts (GICs) with specific commission approval. GIC
providers must have the claims-paying ability of "AAA" or "Aaa" by Standard
and Poor's Corporation or Moody's Investors Service, Inc., respectively. Any
downgrade in these ratings require appropriate collateralization. We have
also deleted under paragraph 5 language requiring that time deposits and
savings accounts be issued within a 50 mile radius of the City. This language
is covered under the changes referenced in the above paragraph. The location
of the authorized dealer and institution now covers all investments which was
the original intent of this policy.
3. Under BF-2.10 Investment Procedures, we have revised language to
correctly reflect the procedure that we currently operate under. Language
under paragraph C was changed to approve investments as those authorized by
this investment policy. In paragraph D, language was revised to require that
those authorized to call in wire instructions must be approved in writing by
two of the following positions: City Manager, Assistant City Manager,
Director of Finance, or Assistant Director of Finance. Broker/dealers and
institutions must receive written notification by the City of those authorized
to call in wire transfers as well as those authorized to approve the
transaction. Written confirmation of wiring out funds or wiring in funds for
investment must be authorized by two of the above positions unless wire
agreements approved by the Commission stipulate otherwise. The type of
investment, amount, rate and term is required to be addressed in the
confirmation.
4. We added paragraph BF2-11 titled Cash Management Procedures which
requires that banking services contracts, wire agreements,
collateral/depository agreements, and repurchase agreements be approved by the
City Commission and reviewed as needed by the Treasurer. We also included a
paragraph stipulating that any charges relative to these agreements be
reviewed upon receipt and that any discrepancies be taken care of within a
reasonable period of time.
We request that this item be placed on the City Commission's agenda for their
meeting of January 23, 1996 so that they may formally adopt this revised
policy and procedure.
c: Rebecca S. O'Connor, Treasurer
Agenda Item No.: ~/9
AGENDA REQUEST
Date: 1/17/96
Request to be placed on:,
x Regular Agenda Special Agenda Workshop Agenda
When: January 23, ~996
Description of agenda item (who, what, where, how much): Adoption of a revised Investment Policy and ~rocedure.
OB/)INANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend approval and adoption of Investment Policy and
~rocedure,
Department Head Signature:
Determination of Consistency
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO n/a
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Hold Until:
Agenda Coordinator Review:
Received:
Ac t ion: Approved/Disapproved
'City of ADMINISTRATIVE
POLICIES AND PROCEDURES Investment Policy and Procedures
D e lr a y MANUAL
Beach
BY-2 1 1 OF 30
SUPERSEDES APPROVED BY:
BF-2, Rev. 0
1(10-22-84) David T. Harden, City Manager
BF-2.0 Purpose:
A. The purpose of this policy is to set forth guidelines for the investment of
the City of Delray Beach's pooled cash, which includes cash and investment
balances of the following funds:
1. General Fund
2. Special revenue funds
3. Capital project funds
4. Enterprise funds
5. Expendable trust and agency funds
6. Debt service funds
7. Any new fund created by the City, unless specifically exempted by the
City Commission
B. The policies set forth do not apply to the the Employee Pension funds of
the City, depositories for defeased debt, or assets under Bond Trust
Indenture Agreements, when held by third party custodians and/or money
Managers.
BF-2.1 Investment Objectives:
A. The primary objectives, in priority order, of investment activities shall
be:
1. Safety
Safety of principal is the foremost objective of the investment
program. Investments shall be undertaken in a manner that seeks to
ensure the preservation of capital in the overall portfolio. The
objective will be to mitigate credit risk and interest rate risk.
a. Credit Risk
Credit Risk is the risk of loss. due to the failure of the
security issue~ or backer. Credit risk may be mitigated by:
i. Limiting investments to the safest types of securities;
ii. Pre-qualifying the financial institutions, broker/dealers,
intermediaries, and advisors; and
iii. Diversifying the investment portfolio so that potential
losses on individual securities will be minimized.
SUBJECT: BUDGET & FINANCE
Investment Policy and Procedures
PAGE: Two
b. Interest Rate Risk
Interest rate risk is the risk that the market value of
securities in the portfolio will fall due to changes in general
interest rates. Interest rate risk may be mitigated by:
i. Structuring the investment portfolio so that securities
mature to meet cash requirements for ongoing operations,
thereby avoiding the need to sell securities on the open
market prior to maturity, and
ii. By investing operating funds primarily in shorter-term
securities.
2. Liquidity
The investment portfolio shall remain sufficiently liquid to meet all
operating requirements that may be reasonably anticipated. This is
accomplished by structuring the portfolio so that securities mature
concurrent with cash needs to meet anticipated demands (static
liquidity). Furthermore, since all possible cash demands cannot be
anticipated, the portfolio should consist largely of securities with
active secondary or resale markets (dynamic liquidity).
3. Yield
The investment portfolio shall be designed with the objective of
attaining a market rate of return through budgetary and economic
cycles, taking into account the investment risk constraints and
liquidity needs. Return on investment is of least importance compared
to the safety and liquidity objectives described above. The core of
investments are limited to relatively low risk securities in
anticipation of earning a fair return relative to the risk being
assumed. Securities shall not be sold prior to maturity with the
following exceptions:
a. A declining credit security could be sold early to minimize loss
of principal;
b. A security swap would improve the quality, yield, or target
duration the portfolio; or
c. Liquidity needs of the portfolio require that the security be
sold.
BF-2.2 Standards of Care:
A. Prudence
The standard of prudence to be used by investment officials shall be the
"prudent person" standard and shall be applied in the context of managing
an overall portfolio. Investment officers acting in accordance with
SUBJECT: BUDGET & FINANCE
Investment Policy and Procedures
PAGE: Three
written procedures and this investment policy and exercising due diligence
shall be relieved of personal responsibility for an individual security's
credit risk or market price changes, provided deviations from expectations
are reported immediately and the liquidity and the sale of securities are
carried out in accordance with the terms of this policy.
Investments shall be made with judgement and care, under circumstances then
prevailing, which persons of prudence, discretion and intelligence exercise
in the management of their own affairs, not for speculation, but for
investment, considering the probable safety of their capital as well as the
probable income to be derived.
B. Ethics and Conflicts of Interest
Officers and employees involved in the investment process shall refrain
from personal business activity that could conflict with the proper
execution and management of the investment program, or that could impair
their ability to make impartial decisions. Employees and investment
officials shall disclose any material interest in financial institutions
with which they conduct business. They shall further disclose any personal
financial investment positions that could be related to the performance of
the investment portfolio. Employees and officers shall refrain from
undertaking personal investment transactions with the same individual with
whom business is conducted on behalf of the City.
C. Delegation of Authority
Authority to manage the investment program is granted to the Director of
Finance by the City Manager through powers given by the City Commission per
Article 4, Section 4.04 of the City Charter. Responsibility for the
operation of the investment program is hereby delegated to the Director of
Finance, who shall carry out established written procedures and internal
controls for the operation of the investment program consistent with this
investment policy. Procedures should include references to: safekeeping,
delivery versus payment, investment accounting, repurchase agreements, wire
transfer agreements, collateral/depository agreements and banking services
contracts. No person may engage in an investment transaction except as
provided under the terms of this policy and the procedures established by
the Director of Finance. The Director of Finance shall be responsible for
all transactions undertaken and shall establish a system of controls to
regulate the activities of subordinate staff members.
BF-2.3 Safekeeping and Custody:
A. Authorized Financial Dealer and Institution
The City shall only purchase investments from the State Board of
Administration, financial institutions which are qualified as public
depositories by the Treasurer of the State of Florida, primary securities
dealers (or their agents) as designated by the Federal Reserve Bank of New
York, or by secondary securities dealers (or their agents) who act as
SUBJECT: BUDGET & FINANCE
Investment Policy and Procedures
PAGE: Four
investment banking arms of local qualified banking institutions. Financial
institutions, with the exception of the State Board of Administration must
have offices within a 50 mile radius of the City.
All financial institutions and broker/dealers who desire to become
qualified bidders for investment transactions must supply the following as
appropriate and as requested:
1. Annual audited financial statements
2. Public depository certification
3. Proof of National Association of Securities Dealers (NASD)
certification
4. Certification of having read the City's investment policy
5. Credit rating provided by a nationally recognized monitoring agency
B. Internal Controls
The Director of Finance is responsible for establishing and maintaining an
internal control structure designed to ensure that the assets of the City
are protected from loss, theft or misuse. The internal control structure
shall be designed to provide reasonable assurance that these objectives are
met. The concept of reasonable assurance recognizes that the cost of a
control should not exceed the benefits likely to be derived and the
valuation of costs and benefits requires estimates and judgements by
management.
Accordingly, the Director of Finance shall establish a process for an
annual independent review by an external auditor to assure compliance with
policies and procedures. The internal controls shall address the following
points:
1. Control of collusion. Collusion is a situation where two or more
employees are working in conjunction to defraud their employer.
2. Separation of transaction authority from account and record keeping.
By separating the person who authorizes or performs the transaction
from the people who record or otherwise account for the transaction, a
separation of duties is achieved.
3. Custodial safekeeping. Securities purchased from any bank or dealer
including appropriate collateral (as defined by State Law) shall be
placed with an independent third party for custodial safekeeping.
Certificates of Deposit issued by a local bank or savings and loan
association may be held in safekeeping at that institution. The
institution shall issue a copy of the Certificate of Deposit, a
safekeeping receipt, or some other confirmation of the purchase which
is satisfactory to the Director of Finance, to be kept on file in the
Finance Department, and which indicates the amount, interest rate,
issue date and maturity date of the Certificate of Deposit.
SUBJECT: BUDGET & FINANCE
Investment Policy and Procedures
PAGE: Five
4. Avoidance of physically delivered securities. Book entry securities
are much easier to transfer and account for since actual delivery of a
document never takes place. Delivered securities must be properly
safeguarded against loss or destruction. The potential for fraud and
loss increases with physically delivered securities.
5. Clear delegation of authority to subordinate staff members.
Subordinate staff members must have a clear understanding of their
authority and responsibilities to avoid improper actions.
6. Written confirmation of telephone transactions for investments and
wire transfers. Due to the potential for error and improprieties
arising from telephone transactions, all telephone transactions should
be supported by written communications and approved by appropriate
personnel unless an agreement is executed with a financial institution
as discussed in paragraph B.7. (below).
7. Development of a wire transfer agreement with a bank or third party
custodian. This agreement should outline the various controls,
security provisions, and delineate responsibilities of each party
making and receiving wire transfers. The agreement should specify the
person(s) authorized to process the telephonic wire. The agreement
should also specify that wires can be made only to a City of Delray
Beach account.
C. Delivery versus Payment
All trades where applicable will be executed by delivery versus payment
(DVP). This ensures that the securities are deposited in the eligible
financial institution prior to the release of funds. Securities will be
held by a third party custodian as evidenced by safekeeping receipts.
The City will execute third party custodial agreements with its bank(s) and
depository institution(s). Such agreements will include letters of
authority from the City that detail the responsibilities of each party,
notification of purchases, sales, delivery, repurchase agreements and wire
transfers, safekeeping and transaction costs, procedures in case of wire
failure or other unforeseen mishaps including liability of each party.
BF-2.4 Suitable and Authorized Investments:
Consistent with the GFOA Recommended Practice on State Statutes Concerning
Investment Practices, the following investments will be permitted by this policy
and are those defined by Florida State law where applicable:
A. Investment Types
1. Direct obligations of the U.S. Government;
2. Obligations guaranteed by the U.S. Government as to principal and
interest;
SUBJECT: BUDGET & FINANCE
Investment Policy and Procedures
PAGE: Six
3. The Local Government Surplus Funds Trust Fund created by Section
218.405 Florida Statutes;
4. Repurchase Agreements and Reverse Repurchase Agreements of which the
the underlying collateral shall be any U.S. Government Security
authorized in paragraph 1 and 2 within this section.
5. Time deposits and savings accounts in banks and savings and loan
associations organized under the laws of Florida or the United States,
provided that such deposits are secured by collateral as prescribed by
Chapter 280, Florida Statutes;
6. Investment grade obligations of state, and local governments and
public authorities.
7. Fixed income mutual funds comprised of only those investment
instruments as authorized in paragraphs 1 and 2 within this section.
8. Without specific Commission approval the City will not invest any
funds in derivative investment products. This includes but is not
limited to collateralized mortgage obligations (CMOs), interest-only
(IOs) and principal-only (POs), forwards, futures, currency and
interest rate swaps, options, floaters/inverse floaters, and
caps/floors/collars. Derivatives, if approved, should be consistent
with the GFOA Practice on Use of Derivatives by State and Local
Governments. See GFOA Recommended Practices, Section BF-2.9, for
definition and policy.
9. Guaranteed Investment Contracts (GICs). The GIC must be insured. The
GIC Insurer must have the claims paying ability of "AAA" or "Aaa" by
Standard and Poor's Corporation or Moody's Investors Service, Inc.,
respectively. The Guaranteed Investment contract shall provide for
collateralization with securities consistent with this policy upon a
rating downgrade. Any GIC's purchased subsequent to this policy must
receive specific Commission approval.
B. Collgteralization
In accordance with Florida State Law and the GFOA Recommended Practices on
the Collateralization of Public Deposits, collateralization will be
required as follows:
1. Repurchase Agreements
Use of repurchase agreements should be consistent with GFOA
Recommended Practices on Repurchase Agreements. Collateral
requirements for Repurchase Agreements will be contained in the Master
Repurchase Agreement, executed between the City and the broker/dealer
or bank. See GFOA Recommended Practices, Section BF-2.9.
2. Certificates of Deposits
Collateral for public deposits is controlled by the State of Florida
through Chapter 280 of the Florida Statutes. See GFOA Recommended
Practices, Section BF-2.9.
SUBJECT: BUDGET & FINANCE
Investmen% Policy and Procedures
PAGE: Seven
BF-2.5 Investment Parameters:
A. Diversification
The investments will be diversified by security type and institution.
B. Maximum Maturities
Maximum final stated maturities should be limited to five (5) years unless
specific authority is given to exceed that limit. To the extent possible,
the City will attempt to match its investments with anticipated cash flow
requirements. Unless matched with a specific cash flow, the City will not
directly invest in securities maturing more than five (5) years from the
date of purchase. The City should determine what the appropriate average
weighted maturity of the portfolio should be.
C. Reserve funds may be invested in securities exceeding five (5) years if the
maturity of such investments are made to coincide as nearly as practicable
with the expected use of funds. Any investment of reserve funds with
maturities greater than five (5) years must be approved by the City
Commission.
BF-2.6 Bid Requirement:
When purchasing or selling securities, the Director of Finance or his designee
shall select the investment which provides the highest rate of return within the
parameters of this policy and given the current objectives and needs of the
City's portfolio. The designee may only include the City Manager, Assistant
City Manager or the Assistant Director of Finance. These selections shall be
made utilizing one of the following methods:
A. Competitive bids, wherein the City solicits proposals from a minimum of
three firms located within the fifty (50) mile radius of the City. The
City may also seek bids from the State Board of Administration located in
Tallahassee, Florida.
B. Comparison to the current market price as indicated by one of the market
pricing resources available to the City. These include, but are not
limited to:
1. Bloomberg Information Delivery System.
2. Wall Street Journal, or a comparable nationally recognized financial
publication providing daily market pricing.
3. Daily market pricing provided by the City's Custody Agent or their
correspondent institution.
In most situations, the City shall utilize the competitive bid process to
select the securities to be purchased or sold. Selection by comparison to
a current market price, as indicated above, shall be utilized when, in the
judgement of the Director of Finance, competitive bidding would inhibit the
selection process. Examples of when this might occur are:
SUBJECT: BUDGET & FINANCE
Investment Policy and Procedures
PAGE: Eight
1. When a dealer brings to the City an unsolicited swap or proposal.
2. When no active market exists for the issue being traded due to the age
or depth of the issue.
3. When time constraints due to unusual circumstances preclude use of the
competitive bidding process.
4. When a security is unique to a single dealer, for example, a private
placement.
5. When the transaction involves new issues or issues in the "when
issued" market.
When using the competitive bid process, all bids shall become part of the
record of the specific security involved. When selection is made based on
comparison to current market price, the following information shall become
part of the record of the security involved:
1. Reason for use of this method.
2. Source of the current market value used.
3. Price and/or interest rate quoted by said ~ource.
BF-2.7 Reporting:
A. Methods
The Treasurer shall prepare an investment report at least quarterly,
including a succinct management summary that provides a clear picture of
the status of the current investment portfolio and transactions made over
the last quarter. This management summary will be prepared in a manner
which will allow the City to ascertain whether investment activities during
the reporting period have conformed to the investment policy. The report
should be provided to the Director of Finance. The report will include
the following:
1. A listing of individual investments by fund and by institution and the
percentage of total portfolio which it represents.
2. A listing of individual securities held at the end of the reporting
period.
3. Average weighted yield to maturity of portfolio on City investments as
compared to applicable benchmarks.
4. Listing of investments by maturity date.
If any problem occurs affecting the principal or interest of any of the
investments, the Director of Finance must report this fact immediately to
the City Manager and the City Commission.
B. Performance Standards
The investment portfolio will be managed in accordance with the parameters
specified within this policy. The portfolio should obtain a market average
rate of return during a market/economic environment of stable interest
rates. Portfolio performance should be compared to appropriate benchmarks
on a regular basis.
SUBJECT: BUDGET & FINANCE
Investment Policy and Procedures
PAGE: Nine
C. Marking to Market
A statement of the market value of the portfolio shall be issued at least
quarterly. This will ensure that the minimal amount of review has been
performed on the investment portfolio in terms of value and subsequent
price volatility. Review should be consistent with the GFOA Recommended
Practice on Mark-to-Market Practices for State and Local Government
Investment Portfolios and Investment Pools. See GFOA Recommended
Practices, Section BF-2.9.
BF-2.8 Policy:
A. Exemption
Any investment currently held that does not meet the guidelines of this
policy shall be exempted from the requirements of this policy. At maturity
or liquidation, such monies shall be reinvested only as provided by this
policy.
B. Amendment
This policy shall be reviewed on an annual basis. Any changes must be
approved the City Commission and the Director of Finance, as well as the
individual(s) charged with maintaining internal controls.
BF-2.9 GFOA Recommended Practices:
A. Governmental Relationships with Securities Dealers (1986)
B. Repurchase Agreements (1986)
C. Collateralization of Public Deposits (1987 and 1983)
D. Use of Various Types of Mutual Funds by Public Cash Managers (1987)
E. Federal Regulation of Investment Advisors (1992)
F. State Statutes Concerning Investment Practices (1992)
G. Use of Derivatives by State and Local Governments (1994)
H. Market Risk (Volatility) Ratings (1995)
I. Reverse Repurchase Agreements, Leveraging, Prudent Investment Practices for
Cash Management (1995)
J. Mark-to-Market Practices for State and Local Government Investment
Portfolios and Investment Pools (1995)
K. Master Trust and Custodial Bank Security Lending Programs (1995)
L. Use and Application of Voluntary Agreements and Guidelines (1995)
BF-2.10 Investment Procedures:
A. Review funds to determine amounts of funds available and the length of time
for which they can be invested.
B. Obtain interest rate quotes for the various permissible investments through
competitive bids from several financial institutions. The investments must
be limited to those defined in the City's policy.
SUBJECT: BUDGET & FINANCE
Investment Policy and Procedures
PAGE: Ten
C. Rates quoted are reviewed by the Director of Finance, who selects the
investments to be made and initials the bid sheet (Exhibit B).
D. If funds are to be wired, a "Wire Transfer Request" (Exhibit C) is
completed and approval for the transfer is initialled by the Director of
Finance. Wire instructions are given by phone by staff who have been
authorized by "Appropriate Personnel" with written authorization given to
the financial institutions. "Appropriate Personnel" is defined as two of
the following four positions: City Manager, Assistant City Manager,
Director of Finance, or the Assistant Director of Finance. Funds may only
be wired to accounts which include "City of Delray Beach" in their title.
A letter of authorization signed by "Appropriate Personnel" is sent to the
institution wiring out funds unless a wire agreement has been executed
permitting otherwise. Separate wire agreements should stipulate that any
transfer can be made to Delray Beach accounts.
E. A letter signed by "Appropriate Personnel" is sent to the institution
authorizing the investment. The type of investment, amount, rate, and term
should be addressed in the letter.
F. The Treasurer must verify the terms of each transaction upon receipt of the
actual investment, or the safekeeping receipt from either the
broker/dealer, bank or from a third party custodian in the event of
delivery versus payment trades.
G. A journal entry is made to record the investment transaction. The journal
entry number is recorded on the "Wire Transfer Request".
B.F.-2.11 Cash Management Procedures:
A. Terms of banking services contracts, wire agreements, collateral/depository
agreements and repurchase agreements will be approved by the City
Commission and reviewed by the Treasurer as needed.
B. Charges relative to the above mentioned contracts will be reviewed upon
receipt of the billing. Any discrepancies should be resolved within a
reasonable period of time.
EXHIBIT A
GOVERNMENT F1N~NCE OFFICERS ASSOCIATION
Recommended Practice
Governmental Relationshios with Securities Dealer~
Government~ investors are expected to protect public funds from losses arising from
default and to ensure that securities are purebred and sold at the best price available in
the competitive marketplace. Speci~I care is therefore required in selecting depositories and
securities dealers for purposes of investment tmmactions.
The GFOA recommends that:
1. Depositories. custodians, and dealers be. selected or qualified through
competitive procedures, including requests/or proposals for banking services.
Securities dealers conducting transactions with governmem~ entities be
required to comply with the Federal Reserve Ba~ic of New York's c~pital
adequacy, guidelines as a condition of doing business. Before investing public
funds, governmental investors should obt~n compliance cenitic~tions from the
dealer and an independent auditor. .
3. Governmental investors secure acknowledgement from their depositories and
dealers that they have received written copies of their investment policies.
portfolio risk constraints, and investment trading requirements.
-t Governmental investors be aware of remonablv foreseeable risks of rn~ket
price loss. iiliquiditv, nonmarketabili .ry. or default of investment instruments
before ~hev purchme them. Additionally. ~ecurities dealers have a
responsibility to disclose unremonable risks.
· 5. Governmental investment officials seek competitive prices and yield
quotations on investment securities prior to executing transactions.
Adopted: June 3. 1986
GOVERNMENT FINANCE OFFICERS ASSOCIATION
Policy. Statement and Recommended Practice
Reourchase A~reements
Repurchase agreements Crepos~ are the sale by a bank or dealer of a government
seCUrity, with the simultaneous agreement to repUx'chase the security, on a later date. Repos
are commonly used by public entities to secure money market r.-,te~ of interest.
The Government Finance Officers Association (GI:'OA) ~.firrn~ that repurchase
agreements are an integral part of an investment program of st:,te and local governments.
Furthermore. public finance officers are encouraged to develop policies aud procedures to
insure the s-',t'erv or' such investments.
Governmental entities and investment officers should exercise special caution in
selecting parties with whom they will conduct repurchase transactions, and be able to
identify, the parties acting as principals to the transaction.
Proper collateralization practices are necessary., to protect the public funds invested
in repurchase a§reements. Risk is si§nificantiy reduced by delive~ of underlying securities
throu.ah physical delivery. ()r safekeeping with the purchaser's custodian. Over-
collateralization, commonly called "haircuts." or marking-to-market.practices should be
mandatory, procedures.
To protect public funds, the GFOA wfil work with. securities dealers, banks, and their
respective associations, to promote improved repurchase agreement procedures through
master rcpurchase agreements that protect purchasers' interests, universal standards for
delivery, procedures, and written risk disclosures.
GFOA recommends general use of master repurchase agreements, subject to
appropriate legal and technical review. Governments using the prototype agreement
developed by the Public Securities Association should include appropriate supplemental
provisions regarding delivery., substitution, margin maintenance, margin amounts, seller
representations and governing law.
Despite contractual agreements to the contr.nry, receivem bankruptcy, courts and
federal agencies h.nve inter/ered with the liquidation oi repurch~e agreement collateral.
There/ore. the GFOA encourages Congress to eliminate statutory and regulatory obstacles
to perfected security, interests and liquidation of repurch~e collateral in the. event of
default.
Adopted June 3, 1986
GOVERNMENT FINANCE OFFICERS ASSOCIATION
Policy. Statement and Recommended Practice
Collateraiiza~ign or' Public D(~oosits
The Fina.ncial Institutions l~eform. Recovery., and Enforcement Act of 1989
(FTRREA) imposes certain limitations on collateral a~eements between fip~nciai
irmtitUtions and public entities to provide adequate collateral for public entities to secure
sizeable'public urtit deposits.~ Recent judicial opi~orm indic, ate flint, under ce~i~
circumstances.. the Federal Deposit Insurance Corporation (FDIC) would th~ be able to
" avoid a perfected security, interest and leave the public' depositor with only the rig~ht to shoe
with other creditors in the ~ distribution of the assets of a f~iled instimtiort.
FIRREA provides that a depositor's securiw agreement which tends to diminish or
defeat the interest of the FDIC in an asset acquired by it as receiver of an insured
depository, shall not be valid against the FDIC unless the agreement (1) is in writing, (,2) was
executed by {he depository, institution and any person claiming adverse interest thereunder.
contemporaneously with the acquisition of the asset by the depository, institution. (3) was
approved by the hoard of directors of the depository, or its loan committee and (4) has been.
continuously, from the time of its execution, an official record o,f the depository, institution.
· In addition. FIRREA also appears to offer no other right to a public entity when a
security, agreement is deemed unenforceable other than as a ~ distributee of the
assets of the failed financial institution.
The Government Finance Officers Association CGFOA) uraes state and local
government depositors to take ail possible actions to comply with the FIRREA requirements
in order to ensure that their security interests in collateral pledged to secure deposits are
enforceable against the receiver of a failed fi/aancial institution.
GFOA strongly urges that federal statutory, and re_malatory, limitations which"restrict
the sovereign ability of public entities to protect collateralized funds be removed.
Adopted: May 4, 1993
GOVERNMENT FINANCE OFFICERS ASSOCIATION
Recommended Practice
Coll~teraii~;afi~n of Public Deoosits
SafeLy of public funds should be the foremost objective in mnn.n..vlng public fuads.
Collateralization of public deposits through pled_ping of appropriate securities is the only way
to fully guarantee, the sa~e .ty of such. deposits.
Additionally. public entities Should implement programs of prudent risk control.
Such programs could include a formal depository, risk policy., credit analysis and use of fully
secured investments.
Statewide c°ilateraiization programs have generally proved to be cost effective and
beneficial for both the public sector and its depositories. In the absence of an effective
statewide collateral program, local officials should establish and implement collateralization
procedures. --.
Adopted: June 2. 1987
GOVER~IMENT FINANCE OFFICERS ASSOCIATION
Recommended Practice
Use of Various T~es of Mutual Funds bv Public Cash Managers
Government cash managera can sometimes benefit from investing public funds
through., regulated mutual funds. Portfolio diversification, liquidity, and profe~ional
manag_ement 'are desirable features of these investment vehiclea.. Investor~ ming mutual
funds "should study the fund's prospecma and statement of additional irdormafion to
determine "
· the integrity, and experience of the investment company,
· sales fees and operating expenses.
· fundamental portfolio policies, and
· portfolio composition.
Government cash managers should use special care when investing in bond mutual
funds. Mutual funds investing excluaivelv in short- and intermediate-term instrumencs may
be appropriate investments in some jurisdictions. However, mutual funds investing in long-
term securities should be avoided by investors of short-term funds. Market price riska could
impair the safety, of assem, which is the foremost objective of public cash manage~.
The Government Finance Officers Association has endorsed the use of money market
mutual funds by public cash manauers through the association's model investment legislation
-' for state and local governments. This statement is intenc~ed to clarify and supplement the
Government Finance Officers/~sociation's re, oriel legislation.
Adopted: June 2. 1987
GOVERNMENT FINANCE OFFICERS ASSOCIATION
Policy Statement and Recommended Practice :.. -; ~'
Federal Re_,auiation of of [nve,slment Advisers
Some state and local governments have augmented their investment programs by
retaining investment advisers to perform various portfolio services ranging from advice-only
consultation to fully discretionary, management. In many cases, the results of these
engagements have been favorable; but there have' also been cases of reported investment
losses resulting from governmental units transacting business with certain investment
advisers. Unlike the highly re~lated bank trust and mutual fund sectors, federal regulatory
inspection of independent investment advisers is presently infrequent and relatively
superficial.
The Government Finance Officers Association tGFOA) has consistently recom-
mended that state and local governments exercise caution in their selection of investment
advisers and implement an ongoing risk control management program. The Association
urges governmental entities considering or retaining independent investment advisers to
carefully review the credentials, procedures, and controls o£ firms offering investment
advisory, services. Recommended precautionary, measures include delivery versus payment.
third-par.fy custody arrangements, prohibitions against sell~-dealing audits, timely
reconciliations, and other appropriate internal control measures.
GFOA supports federal legislation amending the Investment Advisers Act of 1940
to provide the additional resources and authority required by the Securities and E.xchange
Commission to perform more frequent inspections and more thorough oversight of advisers
who conduct transactions involving governmental funds. GFOA further recommends that
such let, islation include express suitability anti bonciing requirements for investment advisers.
Adopted: June 23. 1992
GOVERNMEN"I' FINANCE OFFICERS ASSOCIATION
Recommended Practice
State Statutes Concerninlz Investment Practices
Many state and local government~ have improved their eaah manag_ement :md
.investment practices in order to increase the rate of return on invested public funds. Some
state and local laws and practices inhibit the abilldes of state and local govemmem$ to
benefit from safe and high-yielding investment i~trumenta...
The Government Finance Officer~ Association encourages state legialatares to
remove artificial restrictions upon the efficiem investment of public funds by:
1. .amaending state statutes re_~alating local government investment authority, to
permit prudent investment of public funds in prime money market irtstruments
and investment secm'itie~, such as: U.S. Government obligations. U.S.
· ' Government agency, obligations. U.S. Government instrumemaiity obligations.
Canadian government obligations (payable in local currency), repttrch~e
.... agreemenm~ certificates of deposit, saving :md loan association deposits.
prime bankers acceptances, prime commercial paper, investment-grade
obligations of state, provincial and local government~ and public authorities.
and money market mutual funds regulated by the Securities and Exch:mge
· Commission and whose portfol[os consist only of domestic securities.
2. Authorizing and encouraging the efficient, prot'essionai investment of public
funds in statewide investment pools to take advantage of portiolio
diversification and liquidi.ty. In addition to state-administered investment
pools, states should effectn'ely promote investment pools through joint powers
statutes and other "intergovernmental agreement" legislation.
Adopted: June 2Z3. 1992
GOVERNMENT FINANCE OFFICERS ASSOCIATION
Recommended Practice
Use of Derivatives bv State and Local GovernmerlI,5
A derivative is a financial instrument created from or whose value depends on (is
deriv, ed froml the value of one or more underl.ving assets or indexes of asset values. The
:... term "derivative products" refers to instruments or fen .rexes such as collateralized mortgage
'obligations (CMOs), interest-only (IOs) and prindpal-only (POs), forwards, futures, currency
and interest rate swaps, options, floaters/inverse floaters, and caps/floors/collars. State and
local governments are potential users of derivatives in thehr roles as debt, c~shL and pension
fund managers.
The Government Finance Officers Association (GFOA) urges government finance
officers to exercise extreme caution in the use of derivative instruments and to consider their
use only when they have developed a sufficient understanding of the products and the
expertise to manage them. Because new derivative products are increasfla~y complex, state
and local governments considering derivatives should use these instrnments only if they can
'evaluate the following factors, among others, to determine the appropriateness of derivative
use for their jurisdiction: '
I. Government entities must observe the objectives of sound asset and liability.
management policies that ensure safety., liquidity., and yield. Because of the risks
involved, the use of derivatives by government entities should receive pardculax
scrutiny. Certain derivative products may not be appropriate for all government
investors. Characteristics of such products can include:
· high price volatiliLy:
· illiquid markets: "
· products that are not market-tested;
· highly ieveraged products:
· products requiring a high degree of sophistication to mamage: and
- products that are difficult to value.
2. Government entities should understand that state and local laws may not specffica~y
address the use of derivatives. Therefore, analysis should include an ex.~mlnafion of
considerations, such as:
· The constitutional and statutory, authority of the governmental entity to
execute derivative contracts.
- The potential for violating constitutional or statutory, provisions limiting the
entitv's authority, to incur debt resulting/rom the transaction.
* The application of the government entitv's procurement statutes to derivative
transactions.
3. 'Government entities should be aware of the risks incurred as a result of use of
derivatives. These include, in addition to legal risk. counterparty credit risk. custodial
risk. market risk. settlement risk and operating risk.
4. Government entities should establish internal controls for each .type of derivative in
use to ensure that these risks are adequately managed. Examples include:
· The entity, should provide a written statement of purpose and objectives for
derivative use.
· Written procedures should be established that provide for periodic monitoring
of derivative instruments.
· Managers should have sufficient expertise and technical resources to oversee
derivative programs. Periodic training should be provided.
· Recordkeeping systems should be sufficiently d~tailed to allow governing
bodies, auditors, and examiners to determine if the program is functioning in
accordance with established objectives.
· Managers should report regularly on the use of derivatives to their governing
body, and appropriate disclosure should be made in official statements and
other disclosure documents.
· Reporting on derivative use sho,~ld be in accordance with generally accepted
accounting principles. Became use of these instruments is a complex matter,
early discussion with public accountants is essential. Specialized reporting
may be required.
5. Government entities should be aware if the broker or dealer with whom they are
dealing is merely acting as an agent or intermediary in a derivative transaction or is
taYd. nga proprietary, position. Any possible corfflict of interest should be taken into
consideration before entering into a transaction.
6. Government entities should be aware that there m~y be little or no pricing .
information or stmqdardiz~tion for some derivatives. Competitive price comparisons
are recommended before entering into a tramaction.
7. Government entities should exerche c~ution in the/r selection of brokers, dealers or
investment managers and ensure that these age,nts are knOWledgeable about.
understand, and provide disclSsure regarding the use of derivatives, including benefits
and risks. The entity should secure written acknowledgement from the broker or
dealer that they have received, read. and understood the enfity's debt and investment
'policies. including whether derivatives are currently authoY/zed under the entity's
investment policy., and that the broker, dealer or investment manager has asr.~ined
that the recommended product is suitable for the government enfi .ry.
8. Government entities are responsible for ensuring this same level of safeguards when
derivative transactions are conducted by a third party, acting on behalf of the
governmental em/tv.
Adopted: June 7. 1994
GOVER~NMENT FINANCE OFFICERS ASSOCIATION
Recommended Practice
Market Risk f V~latilitv) Ratifies ·
Governments have long relied on credit ratings as an independent analyticalsoun:e to gauge
the credit risk of an. invest~'nent option. However. credit risk analysis alone is not sufficient to
safeguard against the assumption of other risk components, including market, interest ram. and
liquidity risks.
The Government Finance Officers Association (GFOA) encourages investors to augment
inlbrmation'they receive t?om brokers, dealers or advisors with independent research when
conducting due diligence of potenual investments, lntbrmation sources include historical trading
ranges, trend and volume data. brokerage lirm research, cash flow and present value analysis, and
credit ratings and research.
Thxough the securitization and structuring process. AAA rated securities and funds also may
carry, extreme market and other risks that are wholly unaddressed by credit ratings. Rating agencies
now provide market risk ratings that evaluate the volatility of the security under a wide range of
potential interest rate and mortgage prepayment scenarios.
Risk components, such as interest rate. prepayment, credit, spread and liquidi .ty. and currency
risks arc analyzed to assess how aggressively the lhnd uses derivatives and lcveraging, and what
risks their use presents to fund managers and investors in the fund. Results indicate the degree or'
potential variability in the prospective fund pcrlbrmancc. ! [istoricai perlbrmanct: and volatility
l'und returns relative to appropriate benchmarks also are evaluated.
Market risk ratings when also applied to individual collateralized mortgage obligations
{CMOs} provide a usefi~l benchmark to government entities as they establish guidelines tbr prudent
management of derivative investments.
GFOA encourages investment in only those funds that seek market risk ratings from rating
agencies to provide comprehensive disclosure of risks to public investors. Although volatility
ratings currently are not mandatory., public investors may wish to conside, r limiting their investments
to CMOs and funds that have received Ihvorable volatility ratings from a nationally recognized
rating agency.
Adopted: June 13. 1995
GOVEI~NMENT FINANCE OFFICERS ASSOCIATION
Recommended Practice
Reverse Rer~urchase A-,__reements. Lever~lzin~.
and Prudent lnve~ment Prnctices for Cash,Mana_~emen~
Losses of public l~nds have occurred as the result of the inappropriate use of reverse
repurchase agreements (reverse repos.~ in leveraging porttblios to increase investment returns and
as a result of other unsound investment practices.
In a reverse repo. an investor owns securities, such as a Treasury. note. U.S. government
agency bond or other security, that a bank or dealer purchases under an agreement to sell back to the
investor on a speciticd date. at an agreed-upon interest rate.
Reverse repos generally have two basic uses: lirst, reverse repos may be one way to avoid
liquidating a pomblio to meet unexpected or immediate cash flow requirements. This
straightlbr~vard use of the instruments is accepted by most public finance officers as a legitimate
cash management practice.
The second, potentially more controversial, use of the revers~ repo is to enhance ponlblio
returns through the purchase of securities financed through repurchase transactions. The cash
obtained can then be invested in another higher-yielding instrument. The conservative and prudent
approach to this use of reverse rcpos involves short-term contracts in which the term of the reverse
rcpo is matchcd with thc maturity of the rcinvestment.
Reverse rcpo proceeds generally should not be invested in securitics whose maturity does
not match the term of thc reverse repo, For example, borrowing short to lend long can produce
losses in adverse markets. Further. the poss~bilipy, exists that other lhctors can go ~vrong, such as
delhult by tile dealer or adverse market chan~es that erode the value of the underlying securities.
'rhe use of reverse repos should be considered only by entities that have the expertise and
resources required to succcssthlly engage in the .technique. Additionally. state statutes may prohibit
or discourage the use of reverse repos. The Government Finance Officers Association tGFOA)
advises government officials who engage in reverse repos to verify, whether such uses of reverse
repos are legally sanctioned.
Other concerns that have been raised about such investment practices include purchasing
securitics on margin ~ by borrowing funds from a counterparty. J, selling securities short tby borrowing
the security from a third party and selling in anticipation of higher interest rates.l, purchasing long-
term bonds with short-term funds, and trading futures contracts without an exact offsetting cash
market position. GFOA discourages public officials from engaging in such investment practices.
Adopted: June 13. 1995
GOVEPuNMENT FINANCE OFFICERS ASSOCIATION
Recommended Practice '
Mark-~o-market Prnctices for State and Local Government Investment Porttblio~
and Investment Pools '
As the investment pont'olios of slate and local governmenm are subjected to increased
scrutiny, it is essential that reporting standards be enixanced so that investors, governing bodies and
the public remain informed of the cunn:nt market value of the portfolio.
State and local government ox'ficials responsible tbr investment portfolio reporting should
determine the market value oi'all securities in the portt'olio on at least a quarterly basis. These values
.should be obtained ti'om a reputable and independent source and disclosed to the governing body
,~r other oversight body at least quarterly in a written report. It is recommended that the report
include the market value, book value and unxealized gain or loss or' the securities in the portfolio.
Many state and local government officials are allowed to invest in various state and local
government investment pools available in their state or region. Pool administrators should, on at
least a monthly basis, determine the market value or' all securities'in the pool and report this
intbrmation to all pool participants on at least a quarterly basis. These values should be obtained
I¥om a reputable and independent source. This intbrmation should be included in the report to the
governing body prepared on at least a quarterly basis.
\doptcd: June 13. 19q5
GOVER~NMENT FINANCE OFFICERS ASSOCIATION
Recommended Practice
Master Trust and CustodiaJ Bank Security l.endin-_ Pro,rams
The lending of securities helps to maintain an orderly market while providing incremental'
income to the participant. Brokertdealers borrow primarily to cover lain (the non-delivery of a
security expected to be delivered on a date cermim and short sales (the sale of a securi .ty not
presently owned by the seller in order to take advantage ot'an expected lower market price') and to
execute arbitrage transactions. Their prelbrred partners in these transactions are the master trust and
custodial banks since their huge pontblios basically ot'fer "one-stop shopping."
As part oz'thcir trust and custody management services, banks, like other money managers.
,)l'ti:r to lend securities owned by institutional clients to brokers in exchange lbr collateral. The
collateral, which is usually cash. is reinvested at a rate higher than the rebate rate paid to the broker.
The resulting proceeds are subsequently split between the lending agent and the client.
A security lending transaction is similar to a reverse repurchase transaction and subject to
many of the same ris~. While the indemnitications offered may va .ry, the lending agreement may
provide that broker credit risk. broker delhult risk. and collateral maintenance are risks undertaken
by the lending agent. The degree or' risk assumed by the lending agent generally is retlectcd in the
split of proceeds. Lending agent credit risk. lending agent default risk and collateral reinvestment
risks arc undertaken by ~he institutional client.
Liquidity requirements are ozicn accepted by and uuaranteed by the lending agent upon one
day's nouce, as substitutson or' tile lendinu client m large lending programs is easily accomplished
and essentially risklcss. Programs that require the client to undertake responsibility tbr managing
the liquidity present greater risks and require tti~t the client place limits on the amount of the
porttblio which may be put on loan. File term or'the securities on loans and the reinvestment or'the
proceeds must be carefully established by the client and strictly managed.
Unsound collateral rcinvestment practi'ces can result in some master trust and custodial
banks incurring losses on behalf or' their institutional security lending program customers.
Additionaily, rapidly changing interest rates, lending short and investing long, investing in
speculative derivatives, and paying a tixed rebate rate while investing in t'loating rebate rate
securities under adverse market conditions are examples oz' situations that can produce investment
losses.
.Mas~er l'rust and Custodial Bank Security I.ending Pro~rnm~
t
While investment strategies that include security, lending programs me not inherently risky
when employed judiciously with ap[~ropriate precautions anti controls, the Government Finance
Officers Association t GFOAI urges government officials to exercise extreme caution in their use of
security lending programs. Prior to participating in a security lending program, finance officers
should carethlly evaluate
· whether security lending is legally permissible under state statute and the
jurisdiction's written investment policy,
· the terms of the lending agreements.
· the indemnificauon provisions.
· the re~nvestment guidelines and terms of the lending, including the maturity, of loans
as well as the securities purchased.
· the liquidity provisions and risks.
· the credit risks to be undertaken, and
· the resources required to monitor compliance with the agreement.
Adopted: June 13. 1995
GOVERNMENT FINANCE OFFICERS ASSOCIATION .
Recommended Practice '
Use and A_nplication of Vnluntam Aereements nnd Guidelines
The Government Finance Officers Association IGFOA), working with other state and local
public interest groups and the President's Working Group on Financial Markets. has committed to
¢ 1) promote the use of model investment guidelines: (2) provide educational materials: (3) conduct
training programs: (4) share information and relevant guidelines developed by IEderal regulators:
and {5) identi~ possible regulatory, or oversight issues.
Representatives or'all scctors or'the investment community are undertaking voluntary efforts
to clarity, the relationship of parties to investment transactions. Examples o£such undertakings by
the brokertdealer industry, ate the Derivatives Policy Group Voluntary. Oversight Framework and the
Principles and Practices lbr Wholesale Financial Market Transactions. Examples of such initiatives
on the investor side are the GFOA Sample Broker/Dealer Agreement and sample investment
policies and legislation.
Public investors should consider carefully the many agreemen~ and guidelines in use which
may affect a public cntity's rights and responsibilities in a given transaction. Some of' these
documents contain legal assumptions that rriight affect the ('alidity of a transaction. Others would
rcquirc certain statements to bc in writing in order to be effcctive. Although the entbrceability of
.such guidclincs is uncertain, state and local government investors should be aware of their existence
and thc possibility that their counterpanies may be operating under these or similar guidelines.
i iFOA recommends that:
!. Governmental investors bc aware of the t~deral, state and local la~vs that govern investment
contracts and agreements, as well as statutes and regulations affecting suitability obligations
of broker~dealers, which rcquire that a broker/dealer should only recommend a product after
that broker/dealer has taken steps to determine that it is suitable for the customer:
2. Governmental investors use the GFOA-developed Broker/Dealer Request tbr Information.
Sample Agreement tbr Securities Service and {Optional} Statement of Work in dealing with
brokers and dealers, modified as necessary., which have been formulated specifically by and
tbr state and local government investors:
3. Governmental investors use the GFOA-developcd Sample Agreement lbr Investment
Advisory. Services when contracting liar investment advisers: and
-2-
[,~se nnd A_n_~lic:~tion oi' Vnluntnrv Ao_reements nnd Guidelines
4. Government,rd investors protect !heir existing statutory, and re_m~latory rights by ensuring ~k~at
such rights are not inadvenend¥ waived ti'trough the use of "boiler-plate"' language in
contracts wi~h counterpnnies.
Adopted: June 13.1995
EXHiBiT
!BARNETT BANK ! IST UNION ! SUN BANK ! NCNB !
!BARBARA !MARY ! SALLY GEBO ! !
!CASPER !LaVEROiIETTA ! 278-4511 ! '
! 243-1914 ! 338-6043 ! !DOROTHY PAYNE!
' ! ' ! 393-5223
'30 DAYS ! ! ! I !
60 DAYS ! I ! ! !
' 90 DAYS ! ' ! ! !
! DATE: CD:
! FUND: INTEREST:
! CD#: JE:
! AMOUNT:
! 1N'rERES'r:
EXHIBIT C
MIRE TRA~S,rER RE~YEST
~AIE:
A~OUNT:
SOURCE
A/C CODE:
MIRE INSTRUCTIONS:
APPROVAL BY:
LETIER OF AUTHORIZATION:
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~'1
SUBJECT: AGENDA ITEM ~ ~. ~. - MEETING OF JANUARY 23, 1996
RESOLUTION NO. 8-96
DATE: JANUARY 19, 1996
This is a resolution assessing costs for abatement action
required to board up an unsafe building on property at 315 N.W.
12th Avenue. The resolution sets forth the actual costs incurred
and provides the mechanism to attach a lien on this property in
the event the assessment of $1,013.89 remains unpaid.
Recommend approval of Resolution No. 8-96 assessing costs to
board up an unsafe building on property at 315 N.W. 12th Avenue.
RESOLUTION NO. 8 -96
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE
BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT
ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED
WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
W~EREAS, the Building Official or his designated representative
has, pursuant to Article 7.8 of the Land Development Regulations,
declared the existence of an unsafe building upon certain lots or
parcels of land, described in the list attached hereto and made a part
hereof, for violation of the building codes and building requirements
adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code
of Ordinances; and,
WHEREAS, pursuant to Article 7.8 of the Land Development
Regulations of the City of Delray Beach, the Building Official or his
designated representative has inspected said land(s) and has determined
that an unsafe building existed in accordance with the standards set
forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and
did furnish the respective owner(s) of the land(s) described in the
attached list with written notice of unsafe building and detailed report
of conditions and notice to vacate as the Building Official determined
that the building was manifestly unsafe and is considered a hazard to
life and public welfare pursuant to Article 7.8 of the Land Development
Regulations, describing the nature of the violations and sent notices
that the building was to be vacated and that the building was to be
repaired or demolished; work must be begun within sixty (60) days and
all work must be completed within such time as the Building Official
determines, sa~.d notice also advised that all appeals must be filed
within thirty (30) days from the date of service of the notice and
failure to file an appeal or to make the repairs required that the
Building Official would have the authority to have the building demol-
ished from the date of the said notice; and,
WHEREAS, all the notice requirements contained within Article
7.8 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Article 7.8 of the Land
Development Regulations the Building Official caused the abatement
action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 7.8.11 of the Land Development Regulations of the
City of Delray Beach, submitted to the City Commission a report of the
costs incurred in abating said condition as aforesaid, said report
indicating the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Article 7.8 of the Land Development Regulations desires to
assess the cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcel(s) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 7.8.11
become a lien upon the respective lots and parcel(s) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an
assessment against said property for the cost of abatement action
regarding an unsafe building by the thirty (30) days after the mailing
date of said notice of assessment, after which a lien shall be placed on
said property, and interest will accrue at the rate of six percent (6%)
per annum, plus reasonable attorney's fees and other costs of collecting
said sums.
- 2 - Res. No.8-96
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1996.
MAYOR
ATTEST:
City Clerk
CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
TO: Carl J. Carter, Jr.
ADDRESS: 315 NW 12th Avenue, Delray Beach, Fi. 33444
PROPERTY: 315 NW 12th Avenue, Delray Beach, F1 33444
LEGAL DESCRIPTION: Lot 29, Poinciana Heights of Delray Beach
according to Plat Book 26, Page 245 of the official records of
~each Cuu~Ly, ~I.
You, as the record owner, of, or holder of an interest in, the above described property
are hereby advised that a cost of $1,013.89 by resolution of the City
Commission of the City of Delray Beach, Florida, dated ,
19 , has been levied against the above described property.
The costs were incurred as a result of an abatement action regarding the above
described property. You were given notice on 12-6-95 that the Chief
Building Official had determined that a building/structure located on the above
described property was unsafe. You were advised in that notice of the action that
would be taken to remedy that unsafe condition and that the action would be initiated
by the City if you failed to act.
× You failed to appeal the decision of the Chief Building Official to the
Board of Construction Appeals although you were informed of your right to an appeal
and of the procedures for obtaining an appeal. You have also failed to take the
corrective action required in the Notice of Unsafe Building/Structure.
You appealed the decision of the Chief Building Official to the Board of
Construction Appeals. You were given written notification on
that you were required to take the corrective action requ. i[ed_.by
the decision of the Board of Construction Appeals within a stated period of time~ You
failed lo take the action as required by the order of the Board of Construction Appeals.
......... You appealed the decision of the Chief Building Official to the Board of
Construction Appeals on The Board of Construction upheld
the decision of the Chief Building Official.
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above described property on
12-12-95 at a cost of $~r)1~.~9 which includes a ten
percent (10%) administrative fee. If you fail to pay this cost within thirty
(30) days, that cost plus additional administrative and recording costs
shall be recorded in the official Records of Palm Beach County, Florida
against the above described property.
THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR
FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME
MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER
TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE
OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND
REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH
GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS
AND ENCUMBRANCES, INCLUDING MORTGAGES.
Copies of all notices referred to in this notice are available in the office of the Chief
Building Official.
BY ORDER OF THE CITY COMMISSION
City Clerk'
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~.~. - MEETING OF JANUARY 23, 1996
RESOLUTION NO. 9-96
DATE: JANUARY 19, 1996
This is a resolution assessing costs for abatement action
required to board up an unsafe building on property at 338 N.W.
4th Avenue. The resolution sets forth the actual costs incurred
and provides the mechanism to attach a lien on this property in
the event the assessment of $746.13 remains unpaid.
Recommend approval of Resolution No. 9-96 assessing costs to
board up an unsafe building on property at 338 N.W. 4th Avenue.
RESOLUTION NO. 9 -96
A RESCLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE
BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT
ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED
WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Article 7.8 of the Land Development Regulations,
declared the existence of an unsafe building upon certain lots or
parcels of land, described in the list attached hereto and made a part
hereof, for violation of the building codes and building requirements
adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code
of Ordinances; and,
WHEREAS, pursuant to Article 7.8 of the Land Development
Regulations of the City of Delray Beach, the Building Official or his
designated representative has inspected said land(s) and has determined
that an unsafe building existed in accordance with the standards set
forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and
did furnish the respective owner(s) of the land(s) described in the
attached list with written notice of unsafe building and detailed report
of conditions and notice to vacate as the Building Official determined
that the building was manifestly unsafe and is considered a hazard to
life and public welfare pursuant to Article 7.8 of the Land Development
Regulations, describing the nature of the violations and sent notices
that the building was to be vacated and that the building was to be
repaired or demolished; work must be begun within sixty (60) days and
all work must be completed within such time as the Building Official
determines, said notice also advised that all appeals must be filed
within thirty (30) days from the date of service of the notice and
failure to file an appeal or to make the repairs required that the
Building Official would have the authority to have the building demol-
ished from the date of the said notice; and,
WHEREAS, all the notice requirements contained within Article
7.8 have been complied with; and,
W~EREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Article 7.8 of the Land
Development Regulations the Building Official caused the abatement
action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 7.8.11 of the Land Development Regulations of the
City of Delray Beach, submitted to the City Commission a report of the
costs incurred in abating said condition as aforesaid, said report
indicating the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Article 7.8 of the Land Development Regulations desires to
assess the cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a of which is
copy
attached hereto and made a part hereof, are hereby levied against the
parcel(s) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 7.8.11
become a lien upon the respective lots and parcel(s) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an
assessment against said property for the cost of abatement action
regarding an unsafe building by the thirty (30) days after the mailing
date of said notice of assessment, after which a lien shall be placed on
said property, and interest will accrue at the rate of six percent (6%)
per annum, plus reasonable attorney's fees and other costs of collecting
said sums.
- 2 - Res. ~o.9-96
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
, 1996.
of
MAYOR
ATTEST:
City Clerk
- 3 - Res. No. 9-96
CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
TO: James Kallman
ADDRESS: 672 Lindell Blvd., Delray Beach, Fi 33444
PROPERTY: 338 NW ..4_th. Avenue, Delray Beach, F1 33444
LEGAL DESCRiPTiON: I~t 11. Block 25, Town of D.elray according to
Plat Book 1, Page 3 of the official records of Palm Beach County, Fi.
You, as the record owner, of, or holder of an interest in, the above described property
are hereby advised that a cost of $746.13 by resolution of the City
Commission of the City of Delray Beach, Florida, dated ,
19 , has been levied against the above described property.
The costs were incurred as a result of an abatement action regarding the above
described property. You were given notice on 12-6-95 that the Chief
Building Official had determined that a building/structure located on the above
described property was unsafe. You were advised in that notice of the action that
would be taken to remedy that unsafe condition and that the action would be initiated
by the City if you failed to act.
x You failed to appeal the decision of the Chief Building Official to the
Board of Construction Appeals although you were informed of your right to an appeal
and of the procedures for obtaining an appeal. You have also failed to take the
corrective action required in the Notice of Unsafe Building/Structure.
You appealed the decision of the Chief Building Official to the Board of
Construction Appeals. You were given written notification on
that you were required to take the corrective action requ. i[ed__by
the decision of the Board of Construction Appeals within a stated period of time; You
failed to take the action as required by the order of the Board c~f Construction Appeals.
You appealed the decision of the Chief Building Official to the Board of
Construction Appeals on The Board of Construction upheld
the decision of the Chief Building Official.
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above described property on
12-12-95 at a cost of $746.13 which includes a ten
percent (10%) administrative fee. If you fail to pay this cost within thirty
(30) days, that cost plus additional administrative and recording costs
shall be recorded in the official Records of Palm Beach County, Florida
against the above described property.
THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR
FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME
MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. 'IN EITHER
TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE
OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND
REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH
GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS
AND ENCUMBRANCES, INCLUDING MORTGAGES.
Copies of all notices referred to in this notice are available in the office of the Chief
Building Official.
BY ORDER OF THE CITY COMMISSION
City Clerk'
2
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~ii'~/
SUBJECT: AGENDA ITEM # ~.~ . - MEETING OF JANUARY 23, 1996
RESOLUTION NO. 10-96
DATE: JANUARY 19, 1996
This item is a resolution assessing costs for abatement action
required to remove junked and/or abandoned vehicles on five
properties located within the City. The resolution sets forth
the actual costs incurred and provides the mechanism to attach
liens on these properties in the event the assessments remain
unpaid.
Recommend approval of Resolution No. 10-96 assessing costs to
remove junked/abandoned vehicles on five properties within the
City.
RESOLUTION N0.10-96
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED
VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS-
MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION,
AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE
MAILING OF NOTICE OF LIEN.
WHEREAS, the City Manager or his designated representative
has, pursuant to Chapter 90 of the Code of Ordinances, removed junked
and/or abandoned vehicles owned by persons described in the list
attached hereto and made a part hereof, for violation of the provisions
of Chapter 90 of the Code of Ordinances; and,
WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of
the City of Delray Beach the City Manager or his designated represent-
'
ative has determined that a nuisance existed in accordance with the
standards set forth in Chapter 90 of the Code of Ordinances, and did
furnish the respective owner(s) of the land(s) described in the
attached list with written notice of public nuisance pursuant to
Sections 90.02 and 90.03 of the Code of Ordinances; and,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to remove said
junked and/or abandoned vehicles, and thus failed to abate the nuis-
ance(s) or to properly request a hearing pursuant to Chapter 90 within
the time limits prescribed in Chapter 90 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said
property owner(s) failed and/or neglected to abate such nuisance(s) as
required by Chapter 90 of the Code of Ordinances; and,
WHEREAS, the City of Delray Beach, through the City Adminis-
tration or such agents or contractors hired by the City Administration
was therefore required to and did remove said junked and/or abandoned
vehicles owned by persons described in the list attached and made a
part hereof and incurred costs in abating the subject nuisance(s); and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 90 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance(s) as aforesaid; and,
WHEREAS, the City Commission of the City of Delray beach,
pursuant to Chapter 90 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS
Section 1. That assessments in the individual amounts as
shown by the report of the City Manager of the City of Delray Beach,
involving the City's cost of abating the aforesaid nuisances a copy of
which is'attached hereto and made a part hereof, are hereby levied
against the parcel(s) of land described in said report and in the
amount(s) indicated thereon. Said assessments so levied shall, if not
paid within thirty (30) days after mailing of the notice described in
Section 3, become a lien upon the respective lots and parcel(s) of land
described in said report, of the same nature and to the same extent as
the lien for general city'taxes and shall be collectible in the same
manner and with the same penalties and under the same provisions as to
sale and foreclosure as City taxes are collectible.
Section 2. That such assessment shall be legal, valid and
binding obligations upon the property against which said assessments
are levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable
within thirty (30) days after the mailing date of said notice of
assessment, after which a lien shall be placed on said property, and
interest will accrue at the rate of 8% per annum, plus reasonable
attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) from the date of and the contained
days
adoption
assessment(s)
herein and shall become due and payable thirty (30) days after the
mailing date of the notice of said assessment(s) after which a lien
shall be placed on said property(s), and interest shall accrue at the
rate of eight (8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
2 Res. No. 10-96
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of
Palm Beach County, Florida, and upon the date and time of recording of
the certified copy of this resolution a lien shall become effective on
the subject property which shall secure the cost of abatement, interest
at the rate of 8%, and collection costs including a reasonable
attorney's fee.
Section 6. That at the time the City Clerk sends the
certified copy of this resolution for recording, a notice of lien, in
the form of prescribed in Section 90.06 of the Code of Ordinances,
shall be mailed to the property owner.
PASSED AND ADOPTED in regular session on this the
day of , 1996.
MAYOR
ATTEST:
City Clerk
-3- Res. No. 10-96
COST OF ABATING NUISANCES UNDER CHAPTER 90
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOT 1, BLOCK 2, FAIRLAWN L.E. & LILLIE STRAINGE $30.00
PB 25, P 159, PUBLIC 312 NW 10TH AVENUE 15.00 (ADM. COST)
RECORDS OF PALM BEACH DELRAY BEACH, FL 33444
COUNTY, FL
(127 & 129 NW 13TH AVE)
LOT 14, BLOCK 38, RESUB GEORGE HUDSON $19.45
OF S1/2 OF BLOCK 38 7800 FAIRWAY TRL 15.00 (ADM. COST)
& N1/2 OF BLOCK 39, BOCA RATON, FL 33487
DELRAY BEACH, PB 5, P 38,
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(121 & 123 SW 4TH AVE)
UNIT 1107-C, FALL RIDGE ALBERT W. & KRISTIN SPERRY $19.00
OF DELRAY, PUBLIC RECORDS 5092 CORONADO RIDGE 15.00 (ADM. COST)
OF PALM BEACH COUNTY, FL BOCA RATON, FL 33481
(1100 SW 4TH AVE. #1107C)
UNIT 1103-C, FALL RIDGE JAMES M. & L. LEE PAINTER $19.45
OF DELRAY, PUBLIC RECORDS 4349 CARYOTA DRIVE 15.00 (ADM. COST)
OF PALM BEACH COUNTY, FL BOYNTON BEACH, FL 33426
(1100 SW 4TH AVE. #1103A)
LOT 23, BLK 2, SOUTHRIDGE MICHAEL & MADELEINE ACHELUS $19.00
PB 13, P 38, PUBLIC 335 SOUTHRIDGE ROAD 15.00 (ADM. COST)
RECORDS OF PALM BEACH DELRAY BEACH, FL 33444
COUNTY, FL
(335 SOUTHRIDGE ROAD)
VIOLATION IS: SECTION 90.03 - STORING, PARKING & LEAVING WRECKED OR
INOPERABLE MOTORVEHICLES ON PRIVATE PROPERTY: EXCEPTIONS.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY AGER
SUBJECT: AGENDA ITEM # ~' H' - MEETING OF JANUARY 23, 1996
FINAL PLAT/SOUTH COUNTY MENTAL HEALTH CENTER
DATE: JANUARY 19, 1996
This is before the Commission to approve the final boundary plat
for the South County Mental Health Center located on the east
side of Military Trail immediately south of the Linton Oaks
Square.
Ail applicable permits have been received and staff comments
addressed.
Recommend approval of the final boundary plat for the South
County Mental Health Center.
Agenda Item No. ~'~'
AGENDA REOUEST
Date: January 18, 1996
Request to be placed on:
X Regular Agenda
Special Agenda
__ Workshop Agenda When: January 23, 1996
Description of item (who. what. where, how much): Approval of final
boundary plat for SOUTH COUNTY MENTAL HEALTH CENTRE. All applicable
permits have been received and staff comments addressed.
ORDINANCE/RESOLUTION REQUIRED: NO DRAFT ATTACHED NO
Recommendation: Staff recommends approval of_-~-fr~--final boundary plat
for SOUTH COUNTY MENTAL HEALTH C, ENTRE~ ~ ~ ~
Department head signature: _~.~ ~~~~~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of
funds ):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda: ~/~?~/~NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
App roved/Di s approve d
AG525105. DOC
DEPARTMENTAL OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: David T. Harden
City Manger
FROM: Dan Beatty,
City Engineer ~/r .
DATE: January 18, 1996
SUBJECT: FINAL BOUNDARY
SOUTH COUNTY MENTAL HEALTH CENTER
Attached is an agenda request for Commission approval of the final Boundary plat for
SOUTH COUNTY MENTAL HEALTH CENTER. The subject plat does not require
approval by the Planning and Zoning Board. All applicable permits for the project have
been obtained. Also attached is a location map, reduced copy of the plat and aerial photo.
If acceptable, please place this item on the January 23, 1196 Commission meeting for
Commission approval.
DB:gm
attachment
cc: Claire Lyte-Grahm, Planner
File: TAC - SOUTH COUNTY MENTAL HEALTH CENTER
SMENTL.DOC
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~f
SUBJECT: AGENDA ITEM # ~' ~' - MEETING OF JANUARY 23, 1996
FINAL PLAT/DARREN'S RIDGE
DATE: JANUARY 19, 1996
This is before the Commission to approve the final boundary plat
for Darren's Ridge, a proposed eight unit rental apartment
development generally located at the southwest corner of the
intersection of Avenue "C" with Florida Boulevard.
All applicable permits for the project have been obtained and
staff comments addressed.
Recommend approval of the final boundary plat for Darren's Ridge.
Agenda Item No. 6'-~--- .
AGENDA REOUEST
Date: January 18, 1996
Request to be placed on:
X Regular Agenda
Special Agenda
__ Workshop Agenda When: January 23, 1996
Description of item (who. what. where, how much): Approval of final
boundary plat for DARRENS RIDGE. Ail applicable permits have been
received and staff comments addressed.
ORDINANCE/RESOLUTION REQUIRED: NO DRAFT ATTACHED NO
Recommendation: Staff recommends approval~nal boundary plat
for DARRENS RIDGE. ~~
Department head signature: ~.~ ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of
funds ):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda: ~/NO
Hold Until: ,
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
AG525105. DOC
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Dan Beatty, P:ETT~'~
City Engineer.~
DATE: January 18, 1996
SUBJECT: FINAL BOUNDARY PLAT
DARRENS RIDGE
Attached is an agenda request for Commission approval of the final boundary plat for
DARRENS RIDGE. The subject plat consists of 8 rental apartments and does not require
approval by the Planning and Zoning Board. All applicable permits for the project have
been obtained. Also attached is a location map, reduced copy of the plat and aerial photo.
If acceptable, please place this item on the January 23, 1996 Commission meeting for
Commission approval.
DB:gm
attachment
cc: Claire Lyte-Grahm, Planner
File: Darrens Ridge
File: damridg.doc
DA N' RIDGE
LIN TON BOULEVARD
TROPIC BOULEVARD
BANYAN DRIVE
OOGWOOD
£1TY OF DELAI:IY BEI:I£H
DELRAY BEACH
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
AII-AmericaCity
1993 TO: David T. Harden, City Manager
FROM: ~ Robert A. Barcinski, Assistant City Manager
SUBJECT: AGENDA ITEM # CITY COMMISSION MEETING, JANUARY 23, 1996
EMERGENCY REPAIR LAKEVIEW GOLF COURSE IRRIGATION PUMP STATION
DATE: January 16, 1996
ACTION
City Commission is requested to waive bid requirements and award under emergency provisions of the
Code, to Sullivan Electric and Pump, Inc. in the amount of $18,442 for repairs to the existing irrigation
pump station at Lakeview Golf Course. Funding to come from account #446-4761-572-63.90.
BACKGROUND
The irrigation system at Lakeview Golf Course was inspected July 25, 1995. The odginal report and
review by staff at Lakeview did not, at that time, indicate that the repair of the pump station was of an
emergency nature. Mr. Arendt reviewed the report and the field conditions when he took over as
Greens Superintendent for both courses in December. He and golf course management staff feel that
repair of this system is critical at this time for safety reasons. A quote has been received from Sullivan
Electric to complete the pump system repairs as required. Attached also are memos from Leonard
Mass, the Course Manager at Lakeview, which outline the emergency nature of these repairs.
RECOMMENDATION
Staff recommends waiver of bid requirements and award of the bid to Sullivan Electdc and Pump, Inc.
in the amount of $18,442 for emergency repairs to the irrigation pump system at Lakeview Golf
Course. Funding is available in account # 446-4761-572-63.90
RAB:kwg
Attachment
cc: Brahm Dubin
File:u:graham/agenda
Doc.:LkVwPump. Rpr
THE EFFORT ALWAYS MATTERS ~2'. ,,.~.
LAKEVIEW GOLF CLUB
MEMORANDUM
TO: Bob Barcinski~j~
FROM: Leonard Mass
DATE: January 4, 1996: REVISED January 16, 1996
SUBJECT: Emergency Repairs to Golf Course
Irrigation Pump Station
Pursuant to our meeting, allow me to respond to questions
raised by you and other City department managers.
A. Electric Service
The electrical service has been revised per discussion
with City advisors from 200 Amp to 400 Amp, 230 Volt,
as quoted by Sullivan Electric on their January 5, 1996
revised quote with drawings attached (see quote
attached). The new service should be ample to handle
our pump operation requirements. At no time will all
three pumps be running. We have a 25 HP jockey pump, a
50 HP main pump and a 40 HP standby pump. The maximum
load requirement (per Sullivan) for ~ pumps to
operate at one time is 342 Amps, including start-up
requirements. The 40 HP pump will operate by manual
switch and only when the 50 HP is off.
Given this operational configuration, the 400 Amp
service should be more than adequate.
B. New vs. Re-manufactured Equipment
The quote specificallF states that all equipment is
'NEW" except as noted. The only items which are
identified as "Re-manufactured" are the 250 gallon
Hydro-pneumatic Tank and the 6" CLA Valve. If these
items were purchased as new, the job quote would
increase by $3,000 (tank) and $1,800 (valve) or $4,800.
Therefore, by utilizing certain re-manufactured pieces,
we are able to save the $4,800 and achieve the same
results.
I would like to point out that the equipment, new or
re-manufactured, carries a full one year warranty from
Sullivan, which is very important.
C. Items added within the Quotation
Since the original quote was received on December 27,
1995, the January 5, 1996 revised quote adds the
following items within the original quoted price:
I - Bladder (pressure) tank for Hydraulic station
I - 6' mechanical flow meter
D. Quotation Changes:
The original quote of $14,642.38 is revised as of
January 5, 1996 to 818,442.00. Please note, this
revised quote does not include any work which may be
required by FPL which could run between $1,200 to
$2,000.
As emphasized in my previous memo, the condition of the pump
station is perilous with the potential of a failure of the
main pressure tank very great. In addition, the electrical
service is hazardous and could cause a serious accident to
our personnel.
I appreciate your help in expediting the repairs. Please
let me know if there is anything more you need from me.
Thank you.
cc: Brahm Dubin
Tom Arendt
LAKEVIEW GOLF CLUB
MEMORANDUM
TO: Bob Barcinski ~li
FROM: Leonard Mass
DATE: December 28, 1995
SUBJECT: Emergency Repairs to Golf Course Irrigation
Pump Station
We have a very serious and potentially hazardous condition
existing with our main golf course irrigation pumping
station which requires immediate attention.
The problem areas listed in priority of potential hazard
a~e:
A. Main Pressure Tank - The main pressure tank which
carries pressures of 160 to 180 pounds per square inch
has serious pitting and pin patching which impairs the
integrity of the tank and its ability to withstand the
required pressures. Should one or more of these
defects give way, the tank could explode or "rocket"
off its footing, causing serious damage or injury.
Furthermore, I am told that the specifications on this
tank (which is antiquated) do not meet current code
compliance.
B. Electrical Panels and Controls - The main control
panels are seriously corroded and allow rainwater to
enter the panels and pass over controls and wiring.
This condition is potentially hazardous to our staff or
anyone else entering into the irrigation compound.
Furthermore, the safety latches are corroded and have
been by-psssed causing anothel' potential problem.
C. The system pumps and the manner' in which the system is
configured causes a major pressu~e variation as the
systems energizes itself. The "water hammer" effect
caused by this "eithe~~ on or off" condition can
potentially lift our piping out of the grou:ld or' cause
"blow-outs" along the system. The CLA valves are not
configured properly in the pump manifold layout and are
too small in diameter (4" dia.) for the 8" pipe to
which they are attached. The CLA valves need to be
upgraded to 6" diameter (min).
Page Two
Bob Barcinski
December 28, 1995
Bt'abm, Tom Areudt and myself ( as well as the Sullivan
Electric folks) are very conce~ned about this situation and
need your help to resolve it quickly.
The attached exhibits are:
A. Sullivan Electric's Proposal dated July 25, 1995 which
discussed some of these problems and upgradin9 the pump
station.
Estimated
B. Su]] ivan Electric's Proposal dated December 27, 1995
which addresses the current problems and details the
work necessary to bring the station to a safe and
operational condition.
Firm Quote $~4,642.38
Sullivan is prepared to begin work the week of January
1996 if we can give them the O.K. within a day or two.
Please let me know if you need any more information or waist
to discuss t~,is situation with Tom Arendt and myself.
cc: B~ahm Dubin
Tom Arendt
ullivan
lectric & Pump, Inc.
2115 7fl~ Ave North Bay 8, Lake Worth, FL
4.07-588-5886 F,~x 407-582-9344
PROPOSAL
DATE: January 5,1996
Quotation # :T95599-C Phge 1 of 2
SUBMITTED TO ' PROJECT/JOB:
Lake Vie,v Golf Course Irrigation Pump Station
1200 Dover Road
Delray Florida 33444 Attn. Leonar l
WE ARE PLEASED TO PRESI~NT THIS QUOTATION WITH SPECIFICATIO NS AS FOLLOWS:
Upgrade Existing Irrigation Pumpi_n_gStation to a Safe and Operational Sy, stem:
EIxgtrical Renovation
Removg. Existin~p Electric Servh:e &_Control panel
Install one (1) complete 400 amp 230 v Electric service as per Drawir g #96002
Install (1) one new two ptunp Control Panel with the Following
Nema 3R Hinged Door Enclosure
Hp Rated Main Disconnect
Category "C" UL Listed Surge Protection
UL Ciass RK-5 Motor Fuse Protection
Nema Rated Motor Starters
Phase Failure Low Voltage Monitor
Micro Processor with "EPS Flow Management $oEware"
Pump Failure Alarm Lights
Low Pressure Alarm Lights
High Pressure / Low Water Alarm Lights
Alarm Reset Buttons
Alarm Lamp Test
24 Hour Automatic Resetting Low Pressure Override
ETL Listed
Pennit & Drawings :
Mechanical Renovation to Include
Remove E~ing Detert;ating tm~,,skid and manifold assembly.
Install the following:
1-Remanufactured 2,50 Gal Hydro-pneumatic Tank With Air Rati~ Valve
1- Remanuf~ctured 0" CIA valve with Pressure reducing & Sustaining Pilots
1- 6" Mechanical Flow meter
1~ Bladder tank for Hydraulic station
1- Repipe Existlng Hydraulic Station
1- Station Isolation valve
%4" Silent check valve (jockey)
1- Aluminum Pump Skid
1- Well Pump Pedestal
1- Complete Manifold System
** NOTE ALL EQUIPMENT ;IS NEW UNLESS NOTED OTHERWISE.
Price = $18,442.00
Price does not include any FPL charges. FPL charges estimated $1200-$2000.00
WARRANTY: Sullivan Electric & Pump, Inc. warrm~ts all iteaus of its installatioP to be fl'ee from defects
ia material attd worhnansldp for a period of one (1) year fiom start-up date. For e4tuipment incorporated
into our system, but of another manufacturer, th~ warranty will b, on~ (l) y, ax. TI~e own, r agree, to
properly use and:maintain these items during the warranty period. Seller shall no{ be liable for dmnage,
alleged 'damage, or loss mused by products not nmufactm'ed by Sullix~n Electric ~ Pump, Inc.. In no
event whatsoever shall Sullivan Electric & Pump, Inc. be responsible for incident~il, consequence or act o£
God churtage. Provisions of fids warrattty renmin in effect oaly after all invoices are paid in fifll.
All Pricing is subject to tax an freight as applicable.
Availability 2 weeks.
Terms arc due net 30 on completion of work.
Proposal subject to acceptance wiflfin 30 days and is void thereafter.
Sullivan Bid # T95599-C
ACCEPTED BY ' DATE '
TITLE '
DBLIVERY DATE REQUESTED:
LAKEVIEW GOLF CLUB
JAN-OS-1996 12:48 SEeP/EMS P.04
TFtTFtt P. F~.t
HYDRO. PUMPS, INC. TEL:l-$05-585-3~05 Jan 16 96 11:49 No.017 P.01
Hydro Pumps, Inc.
P,O. Box 16295 6512 NW 13th Court
Plantation, FL 33318
Broward: (305) 583-3303 Toll Free (FL) 1-800-306-7867
Fax: (305) 583-3305
January 16. 1995
Delray Public Works
Fax: 1-407-243-7314
ATTENTIONt James Schmidt
SUBJECT: Repair Estimate Lakeview Golf Course irrigation Pump
Station
Dear Sir:
We have visited the irrigation pump site at the subject
course. Based on our conversation, with the Golf Course Staff,
we understand that:
~) Repairs are classed as "Priority".
b) Discharge manifold is to be changed to accommodate:
1. Relocation of hydropneumatic tank, replace with 400
gallon "inline model".
2o ~nstallation o~ butterfly or ~ate valves st each of
Dump discharges,
$, Remove existing (~) 4" O]a-Va~ & replace with single ~"
Cls-V&l which encompasses the total
4. Downstream pressure regulated Q 95-100 PSI with upstream
pressure maintained at 145/150 PSI.
5, Installation of in,ins propeller flow meter to meesure
total water consumption, Manual reading at infrequent intervals
by staff.
$o Maximum power demand with (1) 50 HP and (1) ~5 HP pump
and control power. On occasion, operator may select 40 HP
HP pumps excluding 50 Hr.
7. Function of 4" PVC line buried west of 50 HP well pump is
no~ clear, service must be retained.
8. Furnish concrete curb for 50 HP pump.
9. All pumps (25, 40 & 50 Hr) are functional and no modifi-
cations to hydraulics are required or desired.
10. Hydraulic source for sprinkler valve control is not to be
disturbed or modified.
Because of the urgent nature of the request, we have priced
the requested changes insofar as possible including our estimate
of electrical and plumbing contractors to make the installation.
These hours need to be verified, Note also that we have assumed
that permit costs will be waived by the city.
ELECTRICAL CHANGES
It is noted that the required ampacity per NEC for powering
the 50 + 25 HP motor and a control allowance requires 235 amp
capacity. We are supplying a 400 amp fused disconnect with
250A fusing. Verification of available power and meter suitabil-
ity from FP & L has not been done and no cost ~llowance is made.
tn addition we propose to furnish:
a) Electrical control panel for the motors with manual
'"lockouts" of either large motor all controlled by pressure
switch settings. Major components will be mounted within a NEMA
3R enameled steel enclosure with new conduit and conductors to
each pump and remote switches, Atl control logic will be incor-
porated in this panel as well. A11 motor starters will be NEMA
rated,
b) Pressure sw~[ches will be Mercoid with $/8" copper
sensor lines to the respective tap locations.
c) Electrlc&l changes will be accomplished recognizing that
sprinkler system must be operational each night from 7 P.M. to 5
A.M. Manual operation may be required during most or all of this
time and instructions on operation will be given the golf course
staff until full automatic operation can be achieved.
MECHANICAL CHANGES
1. A new 6" welded steel manifold will be constructed with
inlets at 3 existing pump locations and outlets: (a) 4" with
existing gate vmlve to existing 4" PVC line; (b) 400 gallon Hydro
tank; (c) new 6" Cia-Valve (similar to existing 4" valve but
capable of throttling to the total pump ?low); (d) pressure taps
as required.
2. 400 gallon Vertical Hydropneumatic tank with 6" ?langed
inlet 36" x diameter x 96" high to be set on a concrete pad 4' x
4' x 6" thick, An air release valve will be suppled.
3. 6" flanged propeller meter with straightening vanes w~11
be installed downstream of 6" Cia-Valve.
4. 8 x 6 weld x Clangs concentric reducer to be fitted to
existing 8" sprinkler line, Field wetd and prove leek free at
weld.
5, A new 6" check valve to be fitted to 50 HP pump and
manual butterfly valves to be ?itted with each pump.
6. 50 HP pump will be elevated to permit pouring a 30 x 30
x 16" deep concrete base around the existing 10" casing. Anchor
bolts will be cast in to fit existing eoulds discharge head.
COSTS
MECHANICAL MATERIAL AS DETAILED $14,O15.00
CONTRACTOR MECH. LABOR 300 Hrs Q 40.00 (ESTIMATE) 12,000.00
ELECTRICAL MATERIAL (INCLUDES STARTUP) 9,412.00
CONTRACTOR ELEC, 120 Hrs, @ 40.00 (ESTIMATE) 4,800.00
TOTAL PRICE $40,227.00
Submitted
Ed Canter DLRYPW
~O'd ZIO'ON 6~:[[ 96 9~ ue£ S0££-£8S-S0£-[:q3± '3NI 'SdNRd O~flAH
[lTV OF DELRR¥ BER:K
FACSIMILE 407'278-4?55
Wfimr's D~t L~e: (~) ~3-7~1
DELRAY BEACH
ll~erica Ci~ ~MO~~
DATE: December 14, 1995
1993
TO: David Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: City Approval of Palm Beach County Abandonment of Easement for
Delray Islands. Inc.
Attached please find a letter from Laurie Gildan, attorney for Delray Islands, Inc.
requesting formal acquiescence from the City to the abandonment by the County of a
County Easement between Lake Ida Road and Lake Ida Park. Included in the materials
is a letter from Dan Beatty indicating he has no objections to the abandonment, however,
the County Attorney's office is requesting that the City Commission express its position
on the County abandonment.
Our office requests that this matter be placed before the City Commission for their
approval.
If you have any questions, please call.
cc: Dan Beatty, City Engineer
island2.sar
]...
407-650-7924
December 11, 1995
Susan Ruby, Esq.
City of Delray Beach
200 N.W. 1st Avenue
Delray Beach, FL 33444
Re: Delray Islands
Dear Susan:
As you know, we represent Delray Islands, Inc., the owner of property located north
of Lake Ida Road and east of the E4 canal. The property is encnjmbered by an unusual
easement in favor of Palm Beach County, which was reserved in 1968, prior to the
construction of 1-95, to guarantee the County access to Lake Ida Park. Since 1-95 has been
constructed and the County retained access to Lake Ida Park over property located west of
the Dekay Islands, Inc. property, we have petitioned the County to abandon the Easement.
We requested and obtained from the City of Delray Beach Engineering Department an
acknowledgmem that the City has no objection to the proposed abandonment. Nevertheless,
Paul King of the County Attornefs office has requested a formal resolution from the City
acknowled~ng that it has no objection to the abandonment.
I am enclosing for your information a complete copy of the Abandonment Petition,
with all exhibits, including the letter from the City of Delray Beach En~neer. Please
contact me as soon as you have had an opportunity to review these materials, so that we can
determine the appropriate procedure for obta/ning the City's resolution as quickly as
possible.
Best regards.
Enclosure
cc: Alfred J. Malefatto, Esq.
Mr. Gilbert Goldstein
GREENBERG TRAURIG HOFFMAN LIPOFF ROSEN & QUENTEL, P. A.
P.O. BOX 20629 WEST PALM BEACH, FLORIDA $3416-0629
407-650-7900 FAX 407-655-6222
777 SOUTH FLAGLER DRIVE SUITE 310 EAST WEST PALM BEACH, FLORIDA 33401
MIAMI FORT LAUDERDALE WEST PALM BEACH TALLAHASSEE
NEW YORE WASHINGTON, D.C.
RESOLUTION NO. 4-96
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, EXPRESSING ITS CONSENT TO PALM
BEACH COUNTy'S ABANDONMENT OF THE INGRESS AND
EGRESS EASEMENT ACROSS LAKE IDA ROAD AND LAKE IDA
PARK AS MORE PARTICULARLY DESCRIBED IN THE EXHIBITS
TO THE PETITION TO ABANDON EASEMENT, ATTACHED TO
THIS RESOLUTION, PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~. That the City of Delray Beach has been requested to give its consent to the
abandonment of an ingress and egress easement as described in the petition to abandon easement attached
hereto as Exhibit A and incorporated herein, said land being generally located across land between Lake
Ida Road and Lake Ida Park.
~. The City Commission hereby gives its consent to the abandonment of the
easement described in the attached Petition for Abandonment of Easement.
Section 3. This Resolution shall take effect immediately upon passage.
1996. PASSED AND ADOPTED in regular session on this ~3~*.d'day of/~D//N~/Z~ ,
PETITION TO ABANDON EASEMENT
TO: BOARD OF COUNTY COI~IISSIONERS, PALM BEACH COUNTY, FLORIDA
The undersigned hereby petition~ the palm Beach County Board of County Commlqsioner~ to
vacate, abandon and discontinue the ingress and egress easement across land between Lake Ida
Road and Lake Ida Park, more particularly described below and to renounce and disclaim any
easement of the County and the public in and to any land in connection therewith.
The undersigned hereby certifies: ...
.: :-. 1. That the legal description of the petition site is attached (Exhibit 1). Note that the
petition site constitutes less than the entire easement area. The undersigned ha~ no
interest in the portion of the easement area lying south of Lake Ida Road or in the portion
of the easement area lying within Lot 27, Amended Plat of Isles of Delray Section 2 (Plat
Book 71, Pages 58 thru 62).
2. That title and interest of the County and the public in and to the easement was acquixed
and is evidenced by Palm Beach County Deed, as recorded in Official Record Book
1659, Pages 938 through 940, of the Public Records of Palm Beach County, Florida.
Note that the 50' drainage easement depicted on the survey sketch referenced below in
Section 3 has previously been abandoned pursuant to Resolution No. R-80-270, recorded
in Official Record Book 3451, Page 207, of the Public Records of Palm Beach County,
Florida (Exhibit 2).
3. That attached hereto is a sealed survey sketch and description accurately drawn and
..- legally describing ~he easement to be abandoned (Exhibit 3). ·
. 4. That attached hereto is a location map which clearly and legibly identifies the location
of the petition site in relation to the nearest public right-of-way and all affected properties
'- - 5 (Exhibit 4).
5. That attached hereto is a listing which clearly and legibly identifies the ownership,
~':' including correct mailing addresses and legal descriptions of the affected properties
:' f -i'.,':'. (Exhibit 5).
/ ,:'; -. ~ 6. That attached hereto is an affidavit au~ting to the validity of the ownership listing of the
"::'-"'i~";~?.... ;:"'"" .."; affected properties (Exhibit 6). i
~ 7, That attached hereto is the approval of, or consent to, this petition by the utility
,a
companies and departments providing service to or within the petition site and/or the
drainage district having jurisdiction over the petition site (Bell South
Telecommunications, City of Delray Beach, Florida Power & Light and Lake Worth
......... Drainage District) ('Exhibit 7).
· 8. That the following constitutes a complete and accurate schedule of all owners pbuttln~
the petition site:
<.:: NAME ADDRESS . DESCRIPTION OF
~ ' - ' ' -':: PROPERTY
f'_'~ ....
-~ .'Y~.~ Dclray Islands, Inc. 1508 Rittenhouse Sq. Properly lying Nozth and Eas~ of
.--. /.:.'} (PETITIONER) Philadelphia, PA 19103 petition site as shown on sm'vey
~ "':.i (Exhibit 2)
· '? Pahn Beach County 301 North Olive Avenue Lake Ida Road lying South of
. ii West Palm Beach, FL 33401 petition site
..: Lake Worth 1308 N. Military Trail E-4 Canal lying West of petitiou
, ~ Drainage District Delray Beach, FL 33484 site
i -: Perry, Anthony P. 605 Enfield Court Lot 27, Blk 4, Isles of Deh'ay
'.~J and Jeannette E. Delray Beach, FL 33444 Section 2 Amended Plat
'...! The owners above, other than Palm Beach County, have signed a notarized statement
...~ consenting to the abandonment of the abject easement and those consents axe attached
. ~ ':~ hereto and made a part hereof (Exhibit 8), except for the consent of the Perrys, which
......
:~',.~ has been requested. There are no other property owners abutting the easement
..~<: abandonment area.
-1' 9. That in the event this petition is grained, the vacation of the subject easement will not
.- .- ' ~ adversely affect other property owners.
'~. '.-.-..'.i.'. .'::j: ' 10. That the petition site is not a part of any state or federal highway and was not acquired
-'~ "" -~;i or dedicated for state and federal highway purposes; and that such easement is under the
":.!?' "~" · -- '":"..'.',~i control and jurisdiction of the Board of County Commissioners.
- ~ - .i:., ~ :; .f ,!
:.:; !~ .'.',.':'.,.. '.':.~ 11. That proof of publication of "Notice of Intent" is auached hereto and made a pan hereof
'.i:' i (Exhibit 9).
:' .r .~' ;;' ',~: ~:~i".:~; 12. That the petitioner's ownership and/or interest in and to the petition -~ite is evidenced b7
.'~ i": /'i',; ".!'.' '
f.?~.- .' . 'f ':.
an instrument recorded in Official Record Book 3854,' Page 471, of the Public Records
i of Palm Beach County, Florida. A certhfied copy of that source instalment is attached
........ ~-:..' ".~ i hereto (Exhibit 10).
: -' 13. That attached hereto arid made a part hereof is evidence of payment of all 1994 and prior
taxes on said properly (Exhibit 11).
.--
' 14. That the easement to be abandoned lies within the corporate limits of the City of Delray
....... ~.T". - -' Beach. However, due to the specific nature of the easement, the City
-' 'i ;': "
...... }:.'- :: i the easement to be abandoned and, therefore, consent in the form of a resolution or
. -,_ : .:.'..~ . .~
.! ordinance from the City of Delray Beach is not required. A letmr of no objection from
' i the City is attached as Exhibit ? (see Section 7).
-:_:-.::c . . i~ 15. That this petition is not subject to a privilege fee, as per Section V.(6).a. of Palm Beach
~:,' ._ ~ County Ordinance No. 86-18. The petitioner is the fee simple owner of the property
'- . . subject to the easement to be abandoned and, as such, ii not required to submit a
--' privilege fee. Please refer to justification statement 0gxtfiblt 12) for further elaboration.
.. 16. That this petition is not subject to the restrictions of Section VI
J:- Palm Beach County Ordinance No. 86-18. Please refer
(Exhibit 12) for further elaboration.
17. That tiffs abandonment petition is limited to the specific purpose easement and will not
impact in any way that portion of the right-of-way of Entield Road and Enfield Court,
as shown on the AMENDED PLAT OF ISLES OF DELRAY SECTION 2, Plat Book
71, Pages 58 thru 62 of the Public Records of Palm Beach County, lying within the
specific purpose easement area.
18. The undersigned submits as grounds and reasons in support of this petition the statement
of justification for easement abandonment set forth in Exhlbit 12, attached hereto.
Date: DELRA rporation
.: · .. BY:
.- -.-.
-'. Name:
;..: .'- .~:
~..: ...:. ~ Title: Pr~ident
.... " - [COR.POP~TE SF-ALI
: ' - Address: 1808 Rittenhousc Square
) '.. '.'):.'...- : ' philadelphia, PA 19103
~' STATE OF FLORIDA )
COUNTY OF PALM BEACH ) .
'- -.-' The foregoing iastmment was acknowledged before me this (lq day of November, 1995
-: by Gilbert Goldstein, as President of Delray Islands, Inc., a Florida corporation, on behalf of '"
... ' -' said corporation.
~... , [NOTARIAL SEAL] Prim lg~me: - '
'- Notary Public, Slate of Florida
My cornmi.~$ion ezpircs;
.-;" - rsomlly Known OR [] Produced Idcntificadon
'"' Typ~ of Identification Produced :' '
Consult:n9 En9lneers, Pl~nners0Surveyors
6100 Bou[evord o? Ch~mpions
North L~uderd~le, Florld~ 33 068
<305) 969-5100
FAX (305) 969-9680
SKETCH AND LEGAL DESCRIPTION
OF EASEMENT TO BE ABANDONED
DATED 10-12-95
LEGAL DESCRIPTION:
INGRESS - EGRESS EASEMENT TO BE ABANDONED, AS RECORDED 'IN O.R. BOOK
1659, PAGES 9.38/940, OF THE PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA~
BEING A PORTION OF SECTION 8, TOWNSHIP 46 SOUTH, RANGE 4.9 EAST, PALM BEACH
COUNTY, FLORIDA. AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
SOUTH 1/2 OF NE 1/4. OF SW 1/4. OF SW 1/4. OF SECTION 8, TOWNSHIP 4.6
SOUTH, RANGE 4.,3 EAST, LESS RIGHT-OF-WAY OF LAKE WORTH DRAINAGE
DISTRICT E-4 CANAL, LESS AND EXCEPT A PORTION OF LOT 27, AMENDED PLAT
OF ISLES OF DEL.RAY, SECTION 2, AS RECORDED IN PLAT BOOK '71, PAGES 58 .''
THRU 62 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
AND:
THAT PART OF THE NW 1/4. OF THE SW 1/4. OF THE SW 1/4. OF SECTION
TOWNSHIP 46 SOUTH, RANGE 4.3 EAST, LYING EAST OF THE RIGHT OF WAY OF
LAKE WORTH DRAINAGE DISTRICT E-4 CANAL AND NORTH OF THE RIGHT OF WAY "
OF LAKE IDA ROAD.
AND:
THAT PART OF THE SE 1/4. OF THE SW 1/4 OF THE SW 1/4 OF SECTION 8,
TOWNSHIP 46. SOUTH, RANGE 4.3 EAST, LYING NORTH OF THE RIGHT OF WAY
OF LAKE IDA ROAD.
GENERAL NOTES:
1: THIS SKETCH AND LEGAL ARE BASED UPON THE LEGAL DESCRIPTIONS SHOWN
" HEREON AND ~NSTRUCTIONS PROVIDED BY THE CLIENT.
2:MEASUREMENTS SHOWN HEREON ARE EXPRESSED IN FEET AND DECIMAL
PARTS THEREOF.
3: DIMENSIONS SHOWN ARE TAKEN AT THE EXPOSED AREAS OF IMPROVEMENTS
4:BEARINGS SHOWN HEREON ARE BASED ON THE RECORD PLAT OF ISLES OF DELRAY
AMENDED IN RECORD PLAT , BOOK 71 PAGES 58 THRU 62
5:EXISTING UTILITIES AND EASEMENTS LOCATED IN ISLES OF DELRAY WERE LOCATED WHERE
FOUND, THERE MAY BE OTHER UNDERGROUND SERVICES NOT LOCATED BY THIS SURVEY.
§: AREA TO BE ABANDONED = 7.96 ACRES, MORE. OR LESS.(346752.4 SO.FT.)
__. w~XHZBZT 1
AUTO CAD]:] FILE ND. 94064-8.D;VO SHEET ND. I OF 2
! I
Consulting Engineers, P tanners, Surveyors
.~ 6100 ]~outevard o? Champions
~ North Lauderdote, Ftorldo 33068
(305) 969-5100
~ FAX (305) 969-9680
L - ~ ~T~
. ~ ~ ~-~2~)
' 1 ....
SU~ORS CE~I~CA~ ~ ~' ~ ~
I HER/~Y CERTIFY THAT THE A~DVE REFERENCED SKETCH DF
~URVEY ~D THE LEGAC DESCRIPTION ON VHICH IT IS ~ASED I
[~ T~E ~D CDREECT TD THE ~EST DF NY KNOWLEDGE AND
I
BELIEF, AS PREPAREO UNDE~ MY DIRECTION AND SUPERVISION I
[ FURTHER ~ERT~FY THAT TH[~ SKETCH CDNP~[E~ WITH THE
MINIMUN ~CHNICAL STANDARDS ESTABLISHED BY CHAPTER 6]-G17-6
DF THE FL~IOA ADMINISTRATIVE CODE.
RALPH D.~TES, INC.
FLORIDA REG. Nfl. 4037 -- EXHIBIT 2 -- 'NOT A BOUNDARY
~TO CA~ FILE ND, ~4064-B.D~G SHEE~
Consulting Engineers, Planners,Surveyors
" 6100 t)outevord o? Chomplons
North L~uderd~le, Fiorido 33068
(305) 969-5100
FAX (305) 969-9680
SKETCH AND LEGAL DESCRIPTION
OF EASEMENT TO BE ABANDONED
DATED 1 O- 12-9 5
LEGAL DESCRIPTION:
INGRESS - EGRESS EASEMENT TO BE ABANDONED, AS RECORDED IN O.R. BOOK
1659, PAGES 9.38/940, OF THE PUBLIC RECORDS OF' PALM BEACH COUNTY, FLORiDA.-
BEING A PORTION OF SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH
COUNTY, FLORIDA. AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
SOUTH 1/2 OF NE 1/4 OF SW 1//4 OF SW 1/4 OF' SECTION 8, TOWNSHIP 46-
SOUTH, RANGE 4,3 EAST, LESS RIGHT-OF-WAY OF' LAKE WORTH DRAINAGE
DISTRICT E-4 CANAL, LESS AND EXCEPT A PORTION OF' LOT 27, AUENDED PLAT
OF ISLES OF DELRAY, SECTION 2, AS RECORDED IN PLAT BOOK 71, PAGES 58 -
THRU 62 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
AND:
THAT PART OF THE NW 1/4. OF THE SW 1/4 OF THE SW 1/4. OF SECTION 8,
TOWNSHIP 4.6 SOUTH, RANGE 45 EAST, LYING EAST OF THE RIGHT OF WAY OF
LAKE WORTH DRAINAGE DISTRICT E-4 CANAL AND NORTH OF THE RIGHT OF' WAY
OF LAKE IDA ROAD.
AND:
THAT PART OF THE SE 1/4 OF' THE SW 1/4 OF THE SW 1/4 OF SECTION 8,
TOWNSHIP 46 SOUTH, RANGE 4`3 EAST, LYING NORTH OF THE RIGHT OF WAY
OF LAKE IDA ROAD.
GENERAL NOTES:
1: THIS SKETCH AND LEGAL ARE BASED UPON THE LEGAL DESCRIPTIONS SHOWN
" HEREON AND INSTRUCTIONS PROVIDED BY THE CLIENT.
2:MEASUREMENTS SHOWN HEREON ARE EXPRESSED IN FEET AND DECIMAL
PARTS THEREOF.
,3: DIMENSIONS SHOWN ARE TAKEN AT THE EXPOSED AREAS OF IMPROVEMENTS
4:BEARINGS SHOWN HEREON ARE BASED ON THE RECORD PLAT OF ISLES OF DELRAY
AMENDED IN RECORD PLAT , BOOK 71 PAGES 58 THRU 62
5:EXISTING UTILITIES AND EASEMENTS LOCATED IN ISLES OF DELRAY WERE LOCATED WHERE
FOUND, THERE MAY BE OTHER UNDERGROUND SERVICES NOT LOCATED BY THIS SURVE'Y.
6: AREA TO BE 'ABANDONED = 7.96 ACRES, MORE OR LESS.(546752.4 SO.FT.)
AUTO CADD FILE NO. 94064-8.D~0 SHEET Nil. 1 OF 2
l!! - .: ) RESOLUTION ND. R-80-~'7o
.:: '. :: RESOLUTION ABANDONING A CERTAIH $0 FOOT DRAINAGE
'~' EASEMENT I~HOWN AS JEFFERSON MANOR DRAINAGE EASE-
:~ ~-' : : I " HENT LYING NORTH OF LAKE [DA ROAD WITHIN THE SOUTH-
-. NEST QUARTER OF SECTION 8, TONNSHTP 46 SOUTH, RANGE
. ~"~ ':' '-:'"' "~ 43 EAST, CITY OF DELRAY BEACH, PALM BEACH COUNTY,
FLORIDA, AS RECORDED lq OFFICIAL RECORD BOOK 1659,
· ,'...~ PAGES 938 TI~ROUGH 940, OF THE PUBLIC RECORDS OF
-'. PALM BEACH CO~TY, FLOR[DA
WHEREAS, The Board of County Con~ntsstoners of Palm Beach County,·
: %-/~.. ,,.~ Florida, pursuant to authority in Section 336.09, Florida Statutes, and
........ Ordinance No. 71-3, known as the Palm Beach Road Abandonment and Pla~ Vacation
'- :" Ordinance, and upon the petition of Southem Leaseholds, I~corporated, called
'.'~- '; a public hearing to be held in the County Commissioners Chambers, at the Palm
Beach County Courthouse, West Palm Beach, Florida, on February 19, 1980, to
constJer and determine whether or not Palm Beach County would vacate, abandon,
' '' discontinue and close, renounce and disclaim any right or interest of the
-- County .to the herein described drainage .easement; and
. ' WHEREAS. in accordance with Ordinance No. 71-3, notice of the
holding of such meeting was duly published in the Palm Beach Post/Times on
.~:. February 3, 1980 and February 10., 1980; and .:.: ..'
~. WHEREAS, this Board did hold said hearing as edvertited and ,. ..
_,-~ determined that such action will not materially interfere with the County,
State or Federal highway;
..-~' WHEREA~S, the City Council of the City of Oelray Beach adopted (; -..
?. - Resolution No. 2-79, consenting to the vacation and abandonment of said
':. ' easement subject ~:o and ce'ndltloned upon an agreement described as Exhibit "A"
'- of said resolution:
, :: NOW, TIaEREFORE, BE IT RESOLVED BY THE BOARD OF COUItTY
," - .'-'" COIV~ISSI~IERS OF PALM BEACH COUflTY, FLORIDA. THAT;
.'. ;i.'-~-'.' .:.:'- ; 1. The foregoing recitals are hereby affirmed and ratified.
.:::~ £ , ;,..~ c~ 2. The following described drainage easement is hereby
.:.,~.: ~. abandoned and closed as a public easement, and this Board does hereby
51' - Y'~..... '.. :-'-' ~
' ~:;~.F:,~ :. ~ renounce and disclaim any right or interest of Palm Beach County ante the
· :.:-:. · [ ~
-~"':iL':" ~ Public in and to the following described dralnago easement:
-- Page I of 3 ~
· Z;O'd Z;170 ON ZO:8'[ E;6.tZI D'BO Z;7..Z;9-c;sg-J. Olz:dI 9IaFIU:~£ 9~3GNqg~J9
The Ro~h ftfty feet and the East ftfty feet of the
~?~ ;:*" South half of the Northeast Oua~er of the Southwest
.-~ quarter of the Sout~est Quarter of Section 8, T~n-
~? . shlp 46 South, Range ~3 East and;
The East fifty feet of that part of the Southeast
'~ Quarter of the Southwest Quarter of the Southwest
_.L-.~' ~ Quarter of Sectton 8, T~nshtp 46 South, Range 43
. '~- . ~ East, lytng North of Lake Ida ~ad and;
' *.j. - . .~ .- BE ZT FU~HER RESOLVED, that the ~cordat~on of thts ~salut~on
:~. . " '~ tnto ~e 'Off, eta1 Records of Palm Beach County, ~ortda
~ the following conditions have been ~atlsfactorJly fulfilled by the petitioner,
~'~h~ 1. Within the dedlcato~ language placed ~ the Plats of the
~:' ': Isles of ~lr~ shall be a statement to the effect that ~e canals and
dratnage ease~nts, as sh~n a~ he.by dedicated to the Isles of Oelr~
Property ~ners Assoclatton and a~ the pe~etual maintenance obligations of
said association, Provided, h~ever, that sa~d canals and dratnage ease~nts
as sh~n, shall p~vt~ pe~etual uninterrupted.drainage fl~ for Lake Ida
~x' Road ~nd a11 appropriate gove~ntal authorities shall have lngmss and egres
" rights to assum said perpetual ~lnterrupted drainage fl~.
Z. The Papery ~ners Association docu~nts shall specifically
provide for maintenance of such canals and drainage ease~nt and, If not
p~perly maintained, appropriate gove~mental agencies shall have the right
=-' to tng~ss and egress for maintenance and assess costs of such maintenance
agalnst the sald association.
'* /~3':: The alienate dralnage canals shall be constructed and In
opecatl on.
.?" 4, 'Said plat dedication and pmperty ~ners ~soclation
-~ .~-.-- docu~nts shall be submitted and approved by the County Attorney's Office.
..... Nottce of the adoption of th~s resolution shall be published
*~/, .' .:* once In the Palm Beach Post/Tt~s ~tthtn thlrty (30) d~s of the date of
~- .:- : adoptten of thts ~solutton In accordance ~1th 5ectton 336.10, Florida
.:':*" ':"- Statutes, and O~lnance ~o. 71-3.
::~*~'" .':..' The foregoing ~solutton ~as offered by Co~tsstoner
:' ~ '~".' ~ who ~ved 1ts adoption. The ~tJon was seconded by C~tsstoner ~o~et
~. .~ ~ and upon betng put to a vote', ~the vote was as fo11~s:
* ..... -: .:~:.. '..-.
: ~ DENN]S P. KOEHLER
'" "': ~ F~K FOSTER
*....::.. -. , ~
';' ~ PEGGY B. EVA~
"" ~ NOR~ R. G~GORY
BILL BAILEY Abaent
~XHZ~Z~ 3
Page 2 o[ 3
The Chair~n thereupon declared the resolution duly passed and
adopted this 19th day of February, 1980.
PALM BEACH COU~Y, ~ORIOA, BY
ITS BOARD OF COUNTY CO~ISSI~ERS
~pu~ Clerk
APPROVEO AS TO FORM ~0 : ~.~.~
LEGAL SUFFICIENCY ." ;' *
C~unty Atto~ey
- /
EXHIBIT 3
~O'd ~0 ON 60:$~ S6,~ D3Q ~9-SS9-ZO~:QI 9Ia~Ua£ 9a38N33~9
Exhibit 5
Abandonment Petition - Affected Property Owners (w/in 300'of Easement Area)
Isles of Delra¥ Section 2
No.
on Property Name and Address Legal
Map Control Numl~..r. of Pro~rtw Owner Description
1 12-4346-08-214X)0- Delray Islands Inc. SUB 8-46~3
1710 c/o Gilbert Goldstein LT 18 (LESS S 200
1808 Rittenhouse Square Pr OF £ 26o PT &
N 468.33 FT OF E
Philadelphia, PA 19103 30o FT) & TH PT
OF N 1/2 OF LT 19
LTG N OF LAKE
IDA RD (LESS E
1/2 & TI-I PT IN
PB40P132)
2 12-43-46-08-29-007- DeLray Islands Inc. ISLES OF
0000 cio Gilbert Goldstein DELRAY SEC 2
1808 Rittenhouse Square AMND TR G
Philadelphia, PA 19103
3 12-43-46-08-29-08-0000 Delray Islands Inc. ISLES OF
e/o Gilbert Goldstein DELRAY SEC 2
1808 Rittenhouse Square AMND TR H
Philadelphia, PA 19103
4 12-43-46-08-21-000- Delray Islands Inc. SUB 8-~-43 NLY
1720 c/o Gilbert Goldstein 191.44 Pr OF WLY
1808 Rittenhouse Square 523,70 FT OF W
1/2 OF LT 19 LYG
Philadelphia, PA 19103 S OF & ADJ TO
LAKE IDA RD
5 12-43-46-08-21-000- Wright, Willie L. & Erma J. sUB a-46-43
1560 106 NW 12th Avenue s lso Pr OF W I/2
Delray Beach, FL 33~.~.4 OF LT 19 (LESS $'
20 Pr, W 20 Pr &
E20 Pr~
6 12-43-46-08-00-000- Church of God in Christ of a.46-43, ELY ~00
7050 America Surisdiction of FLA Pr OF SE ~/4 OF
139 N'W 5th Ave sw ~/,) OF SW ~/,)
LYG S OF LAKE
Delray Beach, FL 334~.~. IDA RD (LESS
ADDL 14 FT R/W)
~'~\$t~ll,tS'71.Otl~$WZllfi. X126~6.041000XlOI16195
No.
on Property Name and Address Legal
Map Control Number of Property Owner Description
7 12.43.46-08-27-000- Church of Christ at 125 SW 15th LAKE IDA ROAD
0000 Avenue Inc. CHURCH OF
CHRIST ALL OF
1300 Lake Ida Road PLAT
Delray Beach, FL 33444
8 12.43-46-08~ Super Natural Deliverance Church s-46-43, E,lr2 OF
7020 of Christ SW 1/4 OF SW 1/4
OF SW 1/,~ (LESS
455 Depot Avenue
E-4 CNL R/W,
Delray Beach, FL
R/W, 1-95 RD R/W
9 12.43-46-08-29-(X)4- Delray Islands Inc. ISLES OF .. ':
0130 C/O Gilbert Goldstein DELRA¥ SEC 2
AMND LT 13 BLK
1808 Ritt~nhouse Squar~ 4
Philadelphia, PA 19103
10 12.43.46-08-29-004- Delray Islands Inc. ISLES OF
0140 c/o Gilbert Goldst~in DELRAY SEC 2
AMND LT 14 BLK
1808 Rittenhouse Square 4
Philadelphia, PA 19103
11 12.43-46-08-29-004- Delray Islands Inc. ISLES OF
0150 c/O Gilbert Goldstein DELI/AY SEC 2
AMND LT 15 BLK
1808 Rittenhouse Square 4
Philadelphia, PA 19103
12 12.43.46-08-29-004- Cosentino, Ross P. & Shirley A. ISLES OF
0260 625 Enfield Court DELRAY SEC 2
AMND LT 26 BLK
Delray Beach, FL 33a.~d
13 12.43.46-08-29-004- Perry, Anthony P. & Jeannette E. ISLES OF
0270 605 Enfield Court DELRAY SEC 2
AMND LT 27 BLK
Delray Beach, FL
a
14 12.43.46-08-O0-000- Delray Islands Inc. S-46-43, TRGLR
7090 c/o Gilbert Goldstein PARCEL LYG IN
1808 Rittenhouse Square NE 1/4 OF NE 1/4
OF SW 1/4 OF SW
Philadelphia, PA 19103 1/4 (LESs TH PT
IN PB40 P132)
k~\~l~$\72115.k12646.041000\lOIl&/95 ' 2 -
~FF~D~VIT FOR SPECiFiC PURPOSE F.]~~ ~BANDO~ PETiTiON
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, the undersigned authority, personally appeared
~.tkma~_ ~; 0t who, after being sworn,
stated the following:
1. That I have prepared the complete list of all owners of
affected pr.operty, their mailing addresses, and · the legal
descriptions of those properties within three hundred (300) feet of
the Petition Site as set forth in the 1994 Official Tax Roll. As
such Exhibit "4" is attached to the Petition to Abandon.
2. That to the best of my knowledge, said list is complete
and accurate.
Barbara
The foregoing instrument was acknowledged before me this
day of October, 1995, by Barbara J. Springthorpe.
. · c...-~ ...... :~. ~.. 9~ '
:..: ' .'.,,::: ..'-. -z Notary: ~.'--~' -/ ~-( ~.
, ,·... ~10,£~ ~. · - ,, ., ·
.~" ' '~ = Notary Public, state of ~c~,.~
:~:.% ,.-a,n-.,~:~ . == My co~ission expires: V/x~ / 97
"~:'~",z~.'" '--,'.-.-:"'~. ,..,,~" "'" ~rsonally known
'tt*'lt'~'~'Produced Identification:
EXHIBIT 6
B U. SOLU
Room 501
328 Fm'n Street
West Palm Be~ch, F:loricla 33401
Oc=ober 27, 1995
Barbara J. Springthorpe, AICP
G-reeaberg Trautig
P,O. Box 20629
W. Palm Beach, FL 3:}416-0629
RE; abandonment of sp¢ciic purpose easement at Lake Ida Park
Dear Barbara:
I have reviewed the proposed master and/or site plan for the above described property, and have
no objections to the abandonment of the specific purpose eazcnnent for Palm Beach County as
long as this will not effect our utility easements along either side of£nfield Court. We do have
facilities in these utility easements and we must maintain sew'ice.
If you have any questions, call me at (407) 732-2646
Yours truly,
L]nm Thompson
Specialist - Outside Plant Engineering
EXHIBIT 7
Page 1 of 5 --
· II
DELRAY BEACH
ENVIRONI'~iENTAL SERVICES
1993
Bafoara I. Springthorpo, AICP
Project Plarmcr
P.O. Box 20629
West Palm Beach, Florida 33416-0629
Re: l~sement Abandonment Delray Islands
Dear Ms. Springthorpc:
I have received the request for the abandonment .of the ingress - egress easement on thc above property.
Thc City of Dclray Beach has no objections to thc proposed abandonmcnL
C. Danvers Beatl~, P.E.
City Engineer
EXHIBIT 7
.-~"7":' ,-, ........ ~ ..... .: Page 2 of 5
ii lib I I
Barbara J. SprinGthorpe, AICP
Project Planner
P.O. Box 20629
West Palm Beach, FL 33416-0629
Dear Ms. SprinGthorpe: 10/13/95
Re: Easement Abandonment Delray Islands
I have reviewed the request for the abandonment of the ingress -
egress easement on the above property.
Florida Power and LiGht has no objections to the proposed
abandonment.
S~ncerely,
Louis Zorzi '
Sn. DesiGner
Florida Power And LiGht Company
9293 Military Tr.
Boynton Beach, Fl. 33437 '
EXHIBIT
Page 3 of
LAKE WORTH DRAINAGE DISTRICT
CONSENT TO EASEMENT ABANDONMENT
The Lake Worth Drainage District ("LWDD"), as an abutting
property owner as defined in Palm Beach County Abandonment
Ordinance No. 86-18, hereby consents to the abandonment of the
specific purpose ingress and egress easement across land between
Lake Ida Road and Lake Ida Park, legally described on Exhibit "A"
and contained in Palm Beach County Deed of May 7, 1968, as recorded
in Official Record Book 1659, Pages 938 through 940, Public Records
of Palm Beach County, Florida.
STATE OF T6~r&{4~. )
COUNTY OF'~;~/~<~ ) SS:
)
The foregoing ins%rument~%as acknowle~ge~ before me this ~
~ay o~ ~~ , 19~'by ~~J. ~~ , as
{~./~~ of ~ WOR~D~INAGE DIS~ICT, a Florida not-
for-profi~ co~oration.
[NOT~I~ S~] Print Na~ ~ ~ ~. ~~
No~a~ P~lic, S~ate of ~f .'
My commission e~ires:
~Personally ~o~ OR ~ Produced Iden=ification ~e of Identification Produced
EXHIBIT 7
Page 4 of 5
LEGAL DESCRIPTION OF SPECIFIC PURPOSE EASEMENT
South 1/2 of NE 1/4 of SW 1/4 of SW 1/4 of Section 8, Township 46
South, Range 43 East, less right-of-way of Lake Worth Drainage
District E-4 Canal, less and except the North 50 feet and the East
50 feet thereof; and
That part of the NW 1/4 of the SW 1/4 of the SW 1/4 of Section 8,
Township 46 South, Range 43 East, lying East of the right-of-way of
Lake Worth Drainage District E-4 Canal and North of the right-of-
way of Lake Ida Road; and
That part of the SE 1/4 of the SW 1/4 of the SW 1/4 of Section 8,
Township 46 South, Range 43 East, lying North of the right-oflway.
of Lake Ida Road, less and except the East 50 feet thereof.
EXHIBIT
Page 5 of
LAKE WORTH DRAINAGE DISTRICT
CONSENT TO EASE~NT ABANDONMENT
The Lake Worth Drainage District ("LWDD"), as an abutting
property owner as defined in Palm Beach County Abandonment
Ordinance No. 86-18, hereby consents to the abandonment of the
specific purpose ingress and egress easement across land between
Lake Ida Road and Lake Ida Park, legally described on Exhibit "A"
and contained in Palm Beach County Deed of May 7, 1968, as recorded
in Official Record Book 1659, Pages 938 through 940, Public Records
of Palm Beach County, Florida.
LAKE WORTH DRAINAGE DISTRICT
) SS:
COUNTY OF )
The foregoing instrument ~as ac~nowle~g~ before me this
/~.~~ of ~ WORTH D~INAGE DISTRICT, a Florida not-
for-profi~ co~oration.
~er~onaliy ~om O~ ~ Produced
EXHIBIT
EXHIBIT "A"
LEGAL DESCRIPTION OF SPECIFIC PURPOSE EASEMENT
South 1/2 of NE 1/4 of SW 1/4 of SW 1/4 of Section 8, Township 46
South, Range 43 East, less right-of-way of Lake Worth Drainage
District E-4 Canal, less and except the North 50 feet and,the East
50 feet thereof; and
That part of the NW 1/4 of the SW 1/4 of the SW 1/4 of Section 8,
Township 46'South, Range 43 East, lying East of the right-of-way of
Lake Worth Drainage District E-4 Canal and North of.the right-of-
way of Lake Ida Road; and
That part of the SE 1/4 of the SW 1/4 of the SW 1/4 of Section 8,
Township 46 South, Range 43 East, lying North of the right-of-way
of Lake Ida Road, less and except the East 50 feet thereof.
THE PALM BEACH POST
Published Daily and Sunday
West Palm Beach. Palm Beach County. Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before the undersigned authori~.person~l~ appeared Chr i
uxass Aav ~gr
who on oath says that she/he is of The Palm Beach Post,
a daily and Sunday newspaper published at West Palm Beach in Palm Beach County.
Florida: that the attached copy of advertising, being a Notice
in the matter of Intent to abandon
~ the Court. was published in said newspal~r tn
the issues of
Affiant further says that the said The Post is a newspaper published at West Palm Beach.
in said Palm Beach County. Florida, and that the said newspaper has heretofore been
continuously published in s.aid Palm Beach Count7. Florida. daily and Sunday and has been
entered as second class ,nail matter at the post office in West Palm Beach. in said Palm Beach
County. Florida. for a period of one year next preceding the first publication of the attached
copy of advertisement: and affiant further says that she/he has neither paid nor promised
any person, firm or corporation any discount, rebate, commission or refund for the purpose
of securing this advertisement for publication in the said 2ewspaper, ,
/ l., ~ ,4...'
Swnm.-~ lo and subscribed before me this 9 dav of October A.D. 1995
C-~-~I:,'IlSSION NO. CC24~%?,0 ] c Karen M. McLinton. Notary Public
Personally known XX or Produced Identification
Type of Identification Proc
EXHZBET 9
SPECIAL WAHRANTY DEE~
THL~ .SPECIAL WARRANTY DEED, made and e.xecu?e~ the 2~C~
day of J~C~-~ , A.D. 19~ by LAKE IDA DEVELOPMENT COR~.,
a Florida cor~ora=£on having ~ts principal place of business at
~'e~einaf=er calle~ the grantor, to DELRAY ISLANDS. INC., a Flor'
ids corporation, whose post office address is ~ ~,,~
WI TNE S SETH:
T~T the grantor, ~or and in consideration of the s~ of
~10.00 and other valuable considerations, receipt whereof ~ing
hereby acknowledged, by th~se p~esents does grant, bargain, sell,
alien, remise, release, convey and confi~ unto the grantor all
that certain land situate in Palm Beach County, Florida, viz:
See Exhibit 'A~ attached hereto --
and made a part he~eof.
Subject to: See Exhibit 'B' attached hereto and made a part hereof.
TOG~R with all the tenements, heredit~ents and appur-
tances thereto belonging or fn an~ise appertaining.
TO HA~ ~D ~ HOLD, the same in fee simple forever.
AND the grantor hereby covenants with said grantee that
it i~ lawfully seized of said land in fee simple~ that it has
good.right and lawful authority to se'i and convey said land:
=ha= i~ hereb~ fully warrants =he title to said lan~ and will
defend the same a~ains= =he lawful claims of all persons claim-
ing by, ~hrough or under the said grantor.
~0
IN WITNESS ~E~OF, the grantor has caused ~hese presents
to be executed in its name, and its corporate seal to be here-
unto affixed, by its proper officers thereunto duly authorized,
the day and year first above written.
~KE IDA DE~LOP~NT CO~.
(Corporate Sea!) '
CO~TY OF ~~
~, : The for~aoing,instrument was acknow~dge] before me this
~f~ of ~ IDA DEVELOPmeNT CO~, a Flor
i~a corporation, on behalf "-'
of the $orporation..
My Co~ission Expi=es:
EXHIBIT 10
~ Portion O~ Section 8, ?o~"nsh;p 4G South, R~nce 43 £4st, mQro partZculdrl~ d~scrJb~d
~aS fol lovs: -
~Beglnnlng a~ t~e ~orthves~ Cor~ef of ~ 17, ~e ~a f.:anoc ~d~t~on ~o. 2 4s ~ecorded
.)~ Pll~ Book Gl, page 2S,-Public Records, Palm B~ach County, Florida; thence run South
:Oelg'lS' ~as~ along t~e ~est l~ne o~ s~;d ~he Ida ~:anoc, ~d~tlon No, 2 (~ll
· Q;nC o~ ~h~ nor~er~y z~gh~o[-~.ay ~ne o~ ~a~e ~da Road; thence zun i:orth 89'49'Z9'
Ves~ atong sa~d~nor~her~y t~lh~-o~-~-4~, a d~s~ance oe
Con~$nu~ng ~es~e=~y a~ong sa~ No=~he=~ =~h~_o~_va~'22 eee~:
. o~ La~e Xda ~ad a~ong
a curved lXne hav~nq a radius o~ ~464.S8 ~ee~ and a cenkral ~ngle off 0S' ~0'34'
I distance of 1~,83 feet to a ~oint ~n the Northerly r~gh~-of-way line of
Lake Ida ~ad~ T nee In a wester[y direction
~ke Ida Roa~ alo~,g a curv-~ ~ .... along the north line of
=eec and a central an-la o~-~*~ ~av~g . a radius of 1464.
a distance of 516 32 ~ ..... ~v_u=~r~=_ A~.~lnu~es and ~6 second
06'49' West - ~_. ' --~ =~ e porn== =~ence North 64' s
, - ~uance o~ 96.~1 ~ee~ t~ a po~ thence North 61· 00'1g-
West, a distance o~ 222.5T '~et 2o a point ~n 2he Easterly r~ght_o~_way
l~ne of the E-4 Canal~ thence Nort~ 30~ 04'2~' East, a ~stance o~ 1112.35
feet alo~ the east r~ght-off-way line o~ the E-4 Canal to a po[~t~-~enc~
South 89~4G,lS- Ease, I dXltance of 1299.91 fee=; thence ~n South 0e13,33- ~s~ along the
Palm Beach County, ~Zo=~da, a ~lS~ince o~ ZOO].O] ~ee~: ~hence :~ Sou~h 89*48'33'
a.di~c~ce .or 260.00 ~eec ~o ~he ~:N~ Or
The roregoin9 L. less ~d ~xcep~Xng the ~ollow~ng: --
A.J~ts lg,24,2S,2G and 27 o~ Xs~e o~ Delray, S~ct~ofl 2, ac~,r~ng Co the PZat
~XXe Xn the O~f~ce o~ the CXe~k o~ ~e CX=cuX= Court Xn 4nd ~or PaXn. Beach
· ecorded ~n PXat Book 40, page 132.
South Line of Block2,~ke Xd/ Shores and the unnamed 80 foot Canal ~yiflq West o~ and adJacen,
~o ~he ~es= L~ne o~ Block 3, ~ke ~da Shores.
owed by grant~r on the land~_,~ t~ T?{ ....... ~ V
2. Zoning and other regulatory laws and ~rdinance~
affecting the land:
3. Mortgage in favor of Southeast Bank, N.A. secur-
ing an original principal amount of $1,200,000.0a
and recorded on October 31, 1980, in Official
Records Book 3396, at Page 1296, of the Tublic
~:Ord, o£ ~almBe~c~ Co~nt~, Florida:
4. Moth,age in ~avor of John H. Adams, Trustee, se-
curing an original principal amount o~
~995,781.02 and recorded in Official Records
Book 288~, ac Pages 144-151, Public Records of
Palm Beach County, Flor*ida~
5. John H. Adams, Trustee, v. Lake Ida Develop..~ent
Corp., et al., Case No. 5135-CA-(L)-01-K, Fif-
teenth Judicial Circuit, Palm Beach County,
Florida.
6. All matters as they appear on Plat of Isles o{
Delray, S~ction 2, Plat Book 40, Pagu 132,.as
correcte~ by Af[idavit in O[ficial Records
Book 3459, at Page 406, Public Records of Palm
Beach County, Florida.
7. All matters as they appear on Plat of Lake Ida
Shores, Plat Book 25, Page 54, Public Records
of Palm Beach County, Florida.
8. Ail matters as they appear on Plat of Lake Ida
Shores, First Addition, Plat Book 25, Page 71,
Public Records of Pal~ Beach County, Florida.
9. Ail matters as they appear on Plat of Lake Ida
Manor, A~dition No. 2, Plat Book 25, Page 61,
Public Records of Palm Beach County, Florida.
10. Restrictions, Covenants and Stipulations in
strument dated November 14, 1977, filed Nov-
ember 15, 1977, in Official Records Book 122, at
Page 271, Public Records of Palm Beach County,
Florida, as it applies to Lake Ida Shores and
Lake Ida Shores, First Addition.
11. Restrictions, Covenants and Stipulations in in-
strument dated November 19, 1957, filed Nov-
ember 26, 1957, in Official Records Book 127,
at Page 482, Public Records of Palm Beach County,
Florida; as it applies to Lake Ida Shores, First
Addition.
12. Easeme~ts for Sewers to the City o( Delra¥ Beach
in instrument dated January 3, 1966, filed Jan-
uary 26, 1966, in Official Records Book 1322,
at Pa~e 385, Public Records of Palm Beach County,
Florida.
Page i of 2
~qb~ect tO: (c~nt.)
19. Right-of-Way of the E-4 Canal and the canal
running Eas~ and West and lying adjacent to
the South line of Lake Ida Shores, and the
canal running North and South and lying ad-
Jacent to the Wast line of Block 4, Lake Ida
Shores.
Easement for Ingress and Earess in instrument
filed June 14, 1968, in Official Records
Book 1659, at Page 935, of the Public Records
or Palm Beach County, Florida.
15. Drainage easements over the North 50 feet and
East 50 feet of the South One-Half of the
Northeast One-~uarter of ~he Southwest One-
Ouarter of the Southwest One-Ouarner of said
Section 8, as set forth tn instrument recorded
in Official Records Book 3016, at Page 1210,
Public Record3 of Palm Beach County, Florida.
16. Restrictions, Covenants and Stipulations as'con-
tained in instrument datad September 12, 1980,
filed September 15, 1980, in Official Records
Book 3364, at Page 177, Public Records of Palm
Beach County, Florida, as it applies Jo Isles
of De,ray, Section 2.
17. Right-of-way of Lake Ida Road.
18. Resolution of the Lake Worth Drainaae District
dated ~une 13, 1979, filed July 11, 1979, in
Official Records Book ~096, at Page 276, Public
Records of Palm Beac~ County, Florida, said
resolution incorgorating all the land into
the Drainage District.
19. Easements to Southern Bell Telephone and Tele-
graph dated December 28, 1979, filed January 11,
1980, in Official Records Book 3211, at Page 755,
Public Records of Palm Beach County,
across the South $ feeu of Lot 1, and in Offic-
ial Records Oook 3211, a~ Page 758, Public Rec-
ords of Palm Beach County, Florida, across the
North 5 fee= of Lot 2, both in Lake Ida Manor,
Addition No. 2.
Page 2 of 2
.~..
.... ~ ,~ .~. · ~
"' ' :'" ~" =-- ~ . JOHN'B. OUNKLE
' ~: ~-:~:~'~' [~ :'" ~r/~q COUr~ - ~A~ OF ~D~. CL~ CIRCUIT COU;T
~.uurd~ g k~r P~l. ha U=~UId, NOIICE O~ AU VALOREM TAXES AND NON-AD VALOREM ASSESSMENT5
,~~~~"."~ 199~ CHC 98 *DDC HA .~Z ACRES
~.,.-~:.?,~'-:-.~S'=c~ ,:'.'~ ~'[~.:.-_ ~ CITY ~8.50 S FL WATER
'.._'ASS~ SSE D._ VAL UL 50,000 CHILD SVCS 10.~7 FIND
EXEHPTIONS HEALTH G5.50 EVGLDS C P
TAXABLE VALUE 50,000 DRAINAGE 27.0S
O[LRAY ISLANDS
=: GILBERT GOLDSTE~N
1808 R]TTENHDUSE SD D929776627DODOD78D13D[~
ISLES 0F DELRAY SEC 2 ARNO 2-977-662-7 ~: aox~:sw~'~cve~c~
LT [5 BLK ~ JOHN K. CLARK. cFC TAXCOL:ECTOR
~PRRCEL HAS PE~T~. c~ 9o7 '~C,~L[~"?r
COUN?Y OF PAL~ B(ACH. NOTIC( O~ AD VALOREU TAXES AND NON-AD VALORE~ ASSESS~EHTS
",:-~ ~o~.co~N~=~::.t ~ thc ~8 ~c HA .~ ACRES
/..12: 4~- q~:. 08429 '00~?0280:
COUNTY
SCHOOL
:_~.- ::' .'. :. ' :: ~. ...... .':.:..~ . I
CITY [98.75 S FL ~ATER
~ASSESSED VALUE 25,000 CHILD SVCS 8.8~ FZND J.25
EXEMPTIONS HEALTH 56.25 EVGLDS C P 2.50
TAXABLE VALUE 25,000 DRAZNAGE 27.05
DELRAY ZSLANDS
X GILBERT GOLDSTEIN
1808 RITTENHOUSE SO 00297775420000065465010
PH[LADELPH IA PA ~9~0~-5802 .......
LT 28 SLY q JOHNK. CLARK. CFC. TAX COLLECTOR
· aPARCEL HAS P~ZT~. ~E"~ Tp': ?3.LE<?C:r'
~u~'! . 628.~61 01J 6~1 56~ '~ 675.2*I 701
~ &55. . . 6~a.10' 65~.65, 750.
COUNTY OF PALM BEACH, NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS
~:m'.*:*~O~~M~t.'~'--~ 199~ C~C 98 DOC HA .29 ACRES
.';~'~.~ ~5~ ~*i0~.'~' O~gO:'.'~ COUNTY ] 12.99 SCHOOL 25~. 6~
ASSESSED VALUE 25~000 CHILD SVCS B.8[ F~ND ........
EXEMPT~0NS HEALTH ~6.25 EVGLDS C P
TAXABLE VALUE 25,000 ORA[HAG[ 27.05
DELRAY XSLANDS 1NC
:: G[LSERT GOLDSTE[N
1808 RITTENHOUSE S0 0029777607~D0006546501D
PHILAOELPHIA PA 19~0~-5802
LT 2g BLK G ............. JOHNK. C~RK, C~C TAXCOLL~CTOP
ePARCEL HAS PETJTEg~R r~'C T~:: ::,?_L[,:T<,F
~U~4' 628.~ 011':' 6~1.561 6~8.10~ 65~.651 ~75.29; 7~0.70
.
EXHIBIT 11 --
Page 1 of 3
i f~,~;~!~,,OF~-RTY'¢O~O~HUMI~*,~ :~1994 CMC 98 DDC HA .q5 ACRES
.'~:~;.:~,',"~6~ll~2~r;OO~.~:lX~'lT;O~'~COUNTY 135.58 SCHOOL -~05.55
~..- ~2,~:;,~ :~-:.-.:,:~:-.-,.:-. ~ .... :-/ CITY 2~8.50 S FL WATER
'~ *ASSE~ED VALUE 30~O0O CHILD SVCS ]0.57 F~ND
' ., [ EXEMPTIONS HEALTH q~,50 EVGLOS C P
TAXABLE VALUE ~0,000 DRAINAGE 27.0S
~'; DELRAY ISLANDS
% GILBERT GOLDSTE[N
1808 RITTENHOUSE S0 092977644flD0~O07&01301~
PHILADELPHIA PA J~[0~-580~
JOHN
K.
CLARK.
LT[ 0 BLK q
'~PA~CE~. HAS P~XT~. FE:C 9~X ~OL~T~F
:." 9q-02D~8 . (il) 2[742
~ ......... ,~cM u~CH. NOTICE OF AD VALOREM T~b"A~'ENb'~:Ab*'~'AEbA~-~'A*~'~'~Y~
] 199q CNC 98 DDC HA .$2 ACRES
} COUHTY 1~5.58 SCHOOL
C~TY 258.50 S FL gATER 1a.91
ASSESSED VALUE 50~000 CHILD SVCS 10.57 FIND
* ,:~ EXEHPT/0NS HEALTH &5.50 EVGLDS C P
~/, ,' TAXABLE VALUE $0~0g0 DRAZNAGE
- *' DELRAY [SLANDS
X GILBERT GDLDSTEZN
- 1808 R~TTENHDUSE SO 0~EqT~SD3DOOODT&0~30~0
PHILADELPHIA PA 19105-58D2
ISLES OF DELRAY SEC 2 AMHD 2-977-650-~
LT ]] ~LK q . JOHN K. CLARK, CFC TAXCOLLECTOP
::O~ ~h 7q8. 92~ 756.7S~ 76~.5~. 772.~ . 7B0. ~; 80q. S~ 89~.20
COUNTY OF PALM BEACH, NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS
[::~::'PRO~C~M~Rr-~'":' I [~9~ CNC 98 DOC HA .52 ACRES
'~ZZ-'-'~5: ~6.~'. 08 ~'~:: O0~ · O [20::1 COUNTY iS5.SS SCHOOL 505.5S
t'*~:.-':~' ..'.~:::-','~ .,':'*' '-""~'"'~:".:?.":"' CITY 2S6.50 S FL ~A~ER
ASSESSED VALUE ~0,000 CH]LD SVCS 10.57 FIND ~.~7
EXEMPT[OHS HEALTH q~.S0 EVGLDS C P
TAXABLE VALUE 50~000 DRAINAGE 27.05
DELRAY ISLANDS INC
% GILBERT GOLDSTE[N
1808 RITTENHDUSE S0 092977656200[30078013010
PHILADELPHIA PA 19103~5802
ISLES OF DELRAY SEC 2 AMND 2-977-656-2 FO
- LT 12 BLK q JOHN K. CLARK. CrC TAX COLLECTOR
.// ' >a. PARCEL HAS PETZTIIDa~?[.. PR:( 'I~,:: C(,LLC. r..'iOr 192'-~:7-':'5 !.
.-" ,9.~.~050:" .' ',~1:' .[t?4.~ ~:':'-:.3~ *.
* ::-::.:. :-.,
..::::' ~..~ ;
EXHIBIT 11 ~
Page 2 of 3
' ~ ~ ?-'*"'*: ~':':"~"-?~-':-*%r. '; ~ CITY 375.29 S FL ~ATER
.~..._ : · ASSE~SEp VALUE ~7,207 CH/LO SVCS 1&.6~ F~ND
E~EH~T~ONS
HEALTH 68.G5 EVGLDS C P
":' - . ~ TAXABLE VALUE ~7~207 DRAINAGE S~.]0 STORH~ATER ~8.60
" DELEAY ISLANDS
.~.' ~ GILBERT GOLDSTEIN
1808 RITTENHOUSE SO V.A.B. CERT[F[CATIoN
PHILADELPHIA PA 1910S-SaO2 ................
8-q6-qS, S 1/2 DF NE l/~ 0F $~ 2-972-805-S0 'o ~x~z~sw~s~ueE~c~ ~::.;:.s J
. l/q 0F S~ 1/6 (LESS LNDD E-* .................. JOHN K. C~RK. CFC, TAXCOLLECTGR
;~. CNL R/W) TH PT OF NW L/A OF
..... SN J/~ OF SN Z/~ LYG ELY 0F F'H][~. FE'C T~-: COLLE(TO~' ~-~ ..
-*-~"~'~ ...... NOVEHBER AHOUNT PAYABLE THRU 03/~0/95 J HARCH AHOUNT PAYABLE THRU 0~/09/95
-.'' :' : '". ~ UOu~ r , ·
ou~-.,-, ~,2~.~i ! ~ : '' ~
. _' ....':,, . ~, .. ~ otuxou~
~UNTY OF PALM BEACH. ~&~[C~ ~F-A~ VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS
~ ~ER~CO~OL~M~R: I 199q C~C 9& ODC HA 2.82 ACRES
' '12'.~3'~6 .08 29~ 007 0000.] COUNTY ~q7.99 SCHOOL
· ' · ~ '~', i ~ CITY &[~.~S S FL MATER
,~ '. : ASSESSED VALUE 77~0g0 CHILD SVCS 27.12 FIND ~.77
EXEMPTIONS HEALTH ~1~,&5 EVGLDS C P 7.70
TAXABLE VALUE 77,000 DRAINAGE 81 . 15
DELRAY ISLANDS [NC
~ GILBERT GOLDSTE[N
1808 RZTTENH0USE SQ V.A-B. CERTZF[CATZON
PHILADELPHIA PA 19105-5802 ............... 02/07/95
ISLES OF DELRAY SEC 2 AMND 2-977-772-00 .OmOX~:~SW~S'.ACUBE~C. r,.~.~:.S
~R G ............ JO~N K. C~RK. crc
F'~ID. FE'.: T-': CC.LLECTO
'~1 , ~:T~.9 ~t'~-4~
. NOVEHBER AMOUNT PAYABLE THRU 05/10/95 HARCH A~OUNT PAYABLE'THRU 0~/09/95
,~.~J' 'i ; ; ~.o .
'COUN~ OF PALM B~CH, NOTICE OF AD VALOREM TAX~a ~
~{;;~o~:c~~..~J 199~ CHC 98 DOC HA 5.7~ ACRES
i '~ t~A~c~s~z. :: ~':~? n n &*0 O 0 ~, d. ~.~,~v ,. ~rl~T ,-' COUNTY ~02.2Z SCHOOL 906.~6
t>i'~-'~:'.~??.,'.:~ ~,.~',.,~..s~ ~_., ~ CITY 707,55 S FL WATER
ASSESSED VALUE 89,000 CHILD SVCS 31.I5 FIND 4.36
EXEMPTIONS HEALTH 129.05 EVGLDS C P 8.90
TAXABLE VALUE B9,000 DRAIHAG~
D~LRAY ISLAHDS
:; GILBERT GOLDSTEIN
I808 R[TTENHOUSE S0 V.A.B. CERT~F[CAT[0N
PHILADELPHIA PA 19~05-5802 _.
ISLES 0F OELRAY SEC 2 AMND 2-~77-779"80 .Oe~X:;~v~s'*.a. uO[-c-
TR H JOHN K. CLARK. CFC TAX COLLECT~a
','.:' F~iC~, FE:C lw:: L"LLE:'TO~' ~)~-~--~E
NOVEMBER A~OUNT PAYABLE IHRU 0}/10/9~ 'g; ~ARC~ A~OUHT PAYABLE THRU 0q/09/95
.:~ .:' ~.~.
; ..:f~.' -.
' j '.':'.! .' .: .'
~ .
· EXHIBIT
Page 3 of
F.,xhibit 12
Statement of Justification for Easement Abandonment Request
The explanation of the purpose for the easement, as set forth in the Palm Beach County
............. Deed of May 7, 1968, and ar~ached as Exhibit 13, is az follows:
" The party of the first part [Palm
.:-t .... ....~ Beach County] reserves a fight of
'~ ingress and egress across said land
':: between Lake Ida Road and Lake Ida
Park, said reservation being
-; ""~- necessary because 1-95 may be so
· . -' --- located as to make a pan of said
": Park otherw'.~se imccessible.
~ .:: The 1-95 fight-of-way in the vicinity of the subject property and Lake Ida Road was
.: constructed ia the 1970's and docs not interfere in any way with the acc_ss of the public W
" Lake Ida Park via Lake Ida Road. As shown on the aerial photograph (Exhibit 14), adequate
..' access to Lake Ida Park is provided at two locations which are not pan of the easement area.
i: Therefore, the easement, which may have been necessary when it was reserved in 1968, is now
..i: unnecessary and obsolete. Moreover, land which is subject to the casement'does not provide
. ingress or egress to Lake Ida Park, as it is separated from the park by the lake Worth Drainage
-' District FA Canal.
: The specific, stated intent of the easement was to provide access to Lake Ida Park, ff
' -":; required. It was not the intent of the easement to provide access to the body of water known
,:- as Lake Ida. Adequate public access to Lake Ida Park exists and will not be affected in any way
:?' .i by the easement abandonment, and the public will continue to have adequate access to Lake Ida
-fi: by way of Lake Ida Park.
" The Petitioner intends to sell the subject property to a third party, and the proposed
':" easement abandoment is necessary to clear title to the property. Particularly in light of the fact
that the easement no longer serves any public purpose, Palm Beach County should have no
objection and should support our request.
.; Regarding the privilege fee referenced ia Paragraph 15 hereof, Ordinance No. 86-18
· '. '.' ':' '" states in Section V.(6) that the privilege fee "shall not apply to petitions submitted by the
following: (a) the fee simple owner of the property subject to an easement.' la this case the
· ' . .. '. petitioner, Delray Islands, Inc., is the fee simple owner of the properly. By the clear terms of
-: :- .. "-.' the ordinance, a privilege fee docs not apply for an ingress/egress easement for which the
:..7 ... -- ' i:;..~ County no longer has any need; the public now has adequate access to Lake Ida Park, directly
-" ':' '.?': · ' : .."i from Lake Ida Road. By the terms of Ordinance No. 86-18 (Section V.(2).), the privilege fee
" : ': :'..: applies to "the abandonment of the interest of the County and public in and to any fight of way
'~i! in a deed, and not a fight of w~y. Accordingly, a privilege fe~ is not applicable. Plea~ refer
: to Alfred Malefatto's letter to Paul King of the County Attorney's office dated October 6, 1995,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~ ~l
SUBJECT: AGENDA ITEM ~ ~'J-' - MEETING OF JANUARY 23, 1996
AWARD OF BIDS AND CONTRACTS
DATE: JANUARY 19, 1996
This is before the Commission to approve the award of the follow-
ing bid:
1. Bid award to Hector Turf through State Contract for the
purchase of two Toro Groundmaster 325D 72" mowers, in the
amount of $24,110 from 501-3312-591-64.20.
, Agenda Item No.: ~.L 'l
AGENDA REQUEST
Date: 1/17/96
Request to be placed on:,
X Regular Agenda Special Agenda Workshop Agenda
When: 1/23/96
Description of agenda item (who, what, where, how much): Bid award to
Hector- Turf in the amount of $24,110 for two Toro Groundmaster 325 D 72" mowers wirh
suspension seat and rec¥clin~ deck. Replacements for one 19~/ and o~'~'19~ Toro 3z2 ~"
mowers. FundinK available in account #501-3312-591'~4120
ORDINANCE/ RESOLUTION REQUIRED: YES~ Draft Attached: YES/NO
Recommendation: Recommend approval
Determination of Consistency with Comprehensive Plan: N/A
City Attorney Review/ Recommendation (if applicable): N/A
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: ..... ,A _ ~ (if app~Lcgb,~e) ,
Account Balance:~.~_.
City Manager Review:
ApprovedHold Until: for agenda: Y~'/ NO
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
£1T¥ OF DELI:II:I¥ BEI:I£H
DELRAY BEACH
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 ·407/243-7000
AII-AmericaCity
1993 MEMO TO: David T. Harden, City Manager
FROM: Scoff Solomon, Interim Deputy Direcfor of Public Work~.~;~
THRU: ~k'~Robert A. Barcinski, Assistant City Manager
DATE: January 17, 1996
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING, JANUARY 23, 1996
BID AWARD - PARKS & RECREATION MOWERS
Action
City Commission Js requested to approve the acquisition for two (2) Toro Ground
Master 325D's with 72" no discharge recycler deck mowers in the amount of
$24,110.00 through Hector Turf for Parks & Recreation Department. This purchase
will be through State Contract and the funding is available in Account
#501-3312-591-64.20.
Back.qround
These new mowers will replace one (1) 1987 and one (1) 1988 Toro 322D mowers
which are beyond repair.
Recommendation
Staff recommends the award to Hector Turf per State Contract for
the purchase of two (2) Toro mowers for the Parks & Recreation as follows:
Year Cost Extended
State Contract # Commodity # Vehicle Qty Each Cost
515-630-95-1 515-630-560o0783 1996 2 $12,055 $24,110
Options 30772 &
30716
REF:SS/011796B.MEM/sdl/1/17/96
THE EFFORT ALWAYS MATTERS
Pdnted on Recycled Paper
01-17-1996 02:3iPM FROF1 HECTOR TURF TO 2437314 P.02
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~//
SUBJECT: AGENDA ITEM # ~. ~. - MEETING OF JANUARY 23, 1996
APPEAL OF HISTORIC PRESERVATION BOARD DECISION
DATE: JANUARY 19, 1996
This is before the Commission to consider an appeal of the
Historic Preservation Board's denial of a Certificate of Appro-
priateness (COA) regarding the exterior renovation of two
historic buildings located at 2 East Atlantic Avenue and 11 South
Swinton Avenue. The Historic Preservation Board considered this
item on December 20, 1995, and voted unanimously to deny the
COA. Previous to the HPB meeting, the proposal was reviewed by
the Community Redevelopment Agency and the Downtown Development
Authority in December of 1995. Both gave unanimous approval for
the renovations.
The HPB decision was that the proposed renovations do not meet
the criteria for alterations to historic buildings, and do not
enhance the historic character of the Old School Square complex.
They cited incompatibility with the Historic Preservation
Ordinance, LDR Section 4.5.1(E) (1) (2) (3) (4), the Secretary of the
Interior's Standards for Rehabilitation, and the Delray Beach
Design Guidelines
The Board recommended that the proposal be tabled to allow the
applicant to return with revised plans which would be compatible
to the criteria for alterations. This suggestion was unaccept-
able to the applicant. The letter of appeal outlining the
applicant's arguments for reversing the HPB decision is included
with the background documentation.
Recommend consideration of the appeal of the Historic Preserva-
tion Board's denial of a Certificate of Appropriateness for the
proposed exterior renovation of the two historic buildings at 2
East Atlantic Avenue and 11 South Swinton Avenue.
Memorandum
To: David Harden, City Manager
./9
From: Lula Butler, Director, Community Improvement ~)
Date: January 17, 1996
Subject: Request for Extension of Timeframe Established Under the
Approved Annexation Agreement for Reduced Water & Sewer
Connection Fees - North Federal Highway Property
ITEM BEFORE THE COMMISSION:
Consideration of a request from Marilynn and Jay Cart for a 60-day extension to the 90-day
timeframe approved under their Annexation Agreement to take advantage of the reduced
rates to connect to the City's water and sewer services.
BACKGROUND:
Several of the properties annexed into the City along the North Federal Highway corridor
have approved annexation agreements in place that provided for certain benefits such as
reduced connections fees associated with the availability of water and sewer services. Mr.
& Mrs. Cart are owners of the property addressed as 2101 North Federal Highway. They
received formal notice of the availability of water and sewer on December 22, 1995 thus
requiring them to connect by March 20, 1996 if they are to utilize the reduced rates. The
Florida Inland Navigation District is negotiating with them to acquire their property. They
are hoping to finalize the sale within the next three to four months; therefore, they are
asking for a 60-day extension to the 90-day timeframe imposed for taking advantage of the
reduced connection fees.
Staff believes the request is reasonable. The agency (FEND) has acquired the property
fronting Federal Highway; the Carr's property is the rear parcel. Their letter requesting the
extension is attached for your reference.
RECOMMENDATION:
Staff is recommending approval of the request to extend the 90-day timeframe for utilizing
the reduced connection rates as approved under the Annexation Agreement, subject to an
approved instrument documenting the amendment by the City Attorney's office.
LB:DQ
Attachment ~ ~'~
Can'.LB
CITY OF DELRAY BEACH
BOARD OF COMMISSIONERS
DELRAY BEACH, FLORIDA
WE ARE THE OWNERS OF THE EASTERLY 343' BY 100' LOCATED AT 2!01 NORTH
FEDERAL HIGHWAY IN DELRAY BEACH. WE ARE ONE OF THE PARCELS iN THE NEWLY
ANNEXED AREA ON NORTH FEDERAL HIGHWAY'
WE RECEIVED A L~ER FROM THE CITY OF DELRAY BEACH ON DECEMBER 22, 1995 IN
RE THE AVAiLABiLITY OF THE WATER AND SEWER AS PER OUR ANNEXATION
AGREEMENT.
AT TLI .¢~ T I~.~E WE AR,_ A,..,Kh ,~ AN :::v'T',-, a~n~,~ ON Tu,"-' T~,,'-- ='-',~.~.,',~: ALLOWED TO
US iN THE ABOVE MENTIONED LETT.~ ~ ER WITH NO .NCREASE iN FEES. THE FLORIDA
AT THI~ T,M~ TRYING TO PURCHASE A RIGHT OF
INLAND NAVIGATION DiSTR~CT ARE ~ '
WAY AND OR THE TOTAL PROPERTY. WE HAVE ENGAGED MR. SIDNEY
STUBBS,A~ORNEY, WHO iS HANDL!NG THIS MATTER. THESE NEGA.T!ONATiONS WILL
P,.OB.B~Y ,.vT BE COMPLETED BY THE MARCH 20, 1996 DATE, THEREFORE WE
WOULD GREATLY APPRECIATE YOUR UNDERSTANDING THiS MA~-FER AND GRANT AN
ADDiTiON FORTY-FIVE TO SiX~,, DAY EXTENSION AT THE PROMISED RATES IN OUR
ORIGINAL IN OUR ANNEXATION AGREEMENT.
I WOULD LIKE TO ASK TO BE P~Eu ON THE A~.uA AT THE ~.E^~ PUBLIC MEETING
OF THE BOARD OF COMMISSIONERS.
THANK YOU FOR YOUR CONSiDERATiON.
MARiLYNN AND JAY CARR _
, · Agenda !tern No. I ~
'AGENDA R. EQU ES~
Date: ~/17/96
Request to be placed on=,
X
~ Regular Agenda Special Agenda Workshop Agenda
When: 1/23/96 ~ ~- -x
Description of agenda item (who,' ~a~, ~here, how much]: ~x ~ ~
Request for T~meframe Extension for/~x~tion kgrccme~ for North
k'ederal' 'Highway' E'r6perty =' Cart ~r6perty
OP. OZNANCP-/ RESOLUTIO~ REQUIRED: YES/NO Draft Attached: YES/NO
Recomme nda t ion: Approval
Department Head Signature: ~~
Determination of Consistency with Com$
Budget Direct.or Review (require{t on al.IL £te~a.in~olvlng expenditure
Funding alternatives: (if applicable']
· Account No. & Description:
Account Balance:
City Manager Review:
ApprovedHold Until°ri: agenda: ~/ NO ~/
Agenda.CogrdinatOr Re'~iew: ..... ... ~
Received: '
Ac t ion: Approved/Of sapproved
[ITY OF DELRII¥ BEREH
CITY ATTORNEY'S OFFICE ~'~ ~"~ ~'' '"¥~:~ '~:' ~ ~""~ ~'~:'~' .,o.~. ~,~
Writer's Direct L~c: (~) 243-7~
D[LRAY BEACH
Ali.America Ci~ MEMO~~
' ll Z Janua~ 17, 1996
1993
TO: Ci~ Co~ission
FROM: David N. Tolces, Assistant City Attom~
SUBJECT: 1996 Legends Tennis Tournament Agreement with Liddun International
Liddun International, Inc. proposes to hold the second Legends Tennis Tournament on
December 7th and 8th, 1996 at the Municipal Tennis Center. The attached agreement
grants a license to Liddun to hold the tournament on December 7th and 8th, 1996. In
return, the City will be paid Six Thousand Dollars ($6,000.00).
Liddun is responsible for providing the City with proper insurance and the installation
of all temporary structures for concessions. Police and EMS personnel will be paid for
by Liddun. In return for Liddun holding the tournament, the City agrees not to hold any
event involving professional tennis players between October 1, 1996 and February 1,
1997 without Liddun's prior written consent. The (~ther provisions in the agreement are
the standard stadium use conditions.
If you have any questions, please call.
DNT/jk
cc: David Harden, City Manager~/
Joe Weldon, Director of Parks/Recreation
Alison MacGregor Harty, City Clerk
AGREEMENT
THIS AGREEMENT, made and entered into this day of
., 1996 by and between the CITY OF DELRAY BEACH, FLORIDA, a
municipal corporation (hereinafter referred to as City), and LIDDUN INTERNATIONAL,
INC., a Delaware corporation, (hereinafter referred to as Liddun).
WITNESSETH:
WHEREAS, Liddun desires to hold a Legends Tennis Tournament (the "Tournament")
on December 7-8, 1996 at the Delray Beach Municipal Tennis Center; and,
WHEREAS, the City is desirous of having the Tournament at the Municipal Tennis
Center on December 7-8, 1996; and,
WHEREAS, the City believes that the presence of the Tournament withLri Delray Beach
will grant the citizenry of Delray Beach many hangible and intangible benefits; and,
NOW, THEREFORE, in consideration of the mutual premises, covenants and
agreements contained herein, the parties hereby covenant and agree as follows:
ARTICLE 1
Grant of License
1.01. TERM.
The City hereby grants to Liddun for the period of December 6-9, 1996, the exclusive
rights and privilege to use, manage and operme the municipal tennis stadium and necessary
surrounding property for a two day Tournament, commencing on Saturday, December 7, 1996,
and ending on Sunday, December 8, 1996. Liddun's rights shall cover an additional one (1) day
period before the commencement of the Tournament to set up necessary facilities and an
additional day after the Tournament to remove necessary facilities.
1.02. LICENSE AGREEMENT ONLY.
This agreement between the City and Liddun is a license agreement, not a lease or
purchase agreement, and should be construed by a court of competent jurisdiction to be a license
agreement only. Furdaermore, this License Agreement does not grant nor is Liddun receiving
hereunder any rights to any real property of the City nor any property interests except as set forth
in this agreement.
1.03. FACILITIES PROVIDED BY CITY.
The facilities (hereinafter referred to as Tournament Site) to be provided by the City and
subject to this license include the following:
A. The stadium court at the Cit3"s municipal tennis center.
B. Use of the hard surface or clay courts as required.
C. A sound system for use during the event.
D. Adequate electrical power for event needs, including hook up for television
calTleras.
E. Rest room facilities for the general public.
F. Fencing of the site to ensure proper security.
G. Necessary signage to direct the general public to the facility.
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H. A ticket office at the main entrance of the facility, equipped with a phone,
electricity and air conditioning, which can be a temporary structure or a
trailer.
I. Adequate parking for spectators on City-owned or controlled property
based on Liddun's estimated requirements.
J. Locker rooms and players lounge providing adequate shower and
relaxation areas for the players before and after matches, which locker
room and lounge will include sufficient lighting and air conditioning.
K. Office space for Tournament personnel. The Office space will be in the
Community Center adjacent to the Tennis Center, unless Liddun and City
agree on an alternate space. Any such space will include sufficient
lighting and air-conditioning.
L. Use of the Gymnasium and the Conference Room in the Community
Center adjacent to the Tennis Center for use by press, radio and television
representatives and/or as a hospitality area for sponsors and VIPs. Such
space will include sufficient lighting and air-conditioning.
M. One City Electrician on site at Liddun's request for December 7 and
December 8, 1996.
1.04. FEES AND CHARGES.
A. Liddun shall have the exclusive fight to the fees and income derived from
the sale of tickets to the Tournament, merchandising rights to the Tournament, commission sales
during the Tournament, sale of television fights, parking fees, concessions and all other fees and
income relating to the Tournament.
B. Liddun shall have the fight to set the fees and charges for the services it
provides to the public relative to the Tournament.
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1.05. LIMITATIONS ON USE OF THE FACILITIES.
The City agrees not to make the facilities available for any event involving professional
tennis players between October 1st, 1996 and February 1st, 1997 without the prior written
consent of Liddun.
ARTICLE 2
Liddun's Obligations
2.01. LICENSE FEES.
Liddun shall pay the City a license fee of Six Thousand Dollars ($6,000.00) for the use of
the facilities described in Section 1.03 from December 6 through December 9, 1996. Such
payment shall be made no later than thirty (30) days after the Tournament to the City Manager at
100 N.W. 1st Avenue, Delray Beach, Florida, 33444.
2.03. TAXES.
Liddun shall be liable for any and all taxes are or may be imposed as a result of this
agreement. Taxes shall be paid to the appropriate authority and including, but not limited to,
sales and use tax.
2.04. PROOF OF INSURANCE.
Liddun shall provide the City with proof of insurance being in force.. The type and
quantity of insurance is more particularly set forth in Exhibit A to this agreement. Proof of such
insurance shall be due by November 15, 1996. The insurance shall name the City as additional
insured.
4
2.05. FINANCIAL RESPONSIBILITY.
Liddun agrees, subject to the provisions of this Agreement, to accept all financial
responsibilities for the Tournament including, but not limited to, all accounting and reporting as
'may be required by laws. Liddun further agrees Io accept sole responsibility for any financial
commitments or obligations it incurs as a result of theToumament, and which are not provided
for in this Agreement.
2.06. OTHER SERVICES AND SUPPLIES.
Liddun further agrees that all sen'ices and supplies not specifically identified
herein shall be provided by or through Liddun.
2.07. CONCESSION RIGHTS OF LIDDUN,
Liddun may sell food, beverages, confections, refreshments and novelties or may,
subject to approval by City., contract with another to provide such service. With prior approval-
from the City, Liddun may provide temporary structures at its own expense, for the sale of
concession items.
In providing the concession sen'ice, Lidduri or any person, firm, or corporation
with whom it contracts for such purpose (hereinafter referred to as "concessionaire") shall
comply with the following provisions provided, however, that Liddun shall remain ultimately
responsible to City for all obligations required of the concessionaire:
a. Concessionaire shall, prior to commencing any activities, obtain any and
ail permits and licenses that may be required in connection with the operation of this
concession.
b. All food, drinks, beverages, confections, refreshments, etc. sold or kept for
sale shall be first class and quality, in accordance with the Department of Health
requirements, shah conform to all federal, state, county, and municipal laws, ordinances
and regulations in ail respects.
c. Concessionaire shall not sell or give away or otherwise dispose of any
commodity which in the opinion of the City shall cause undue litter.
d. Concessionaire shall have the option to sell beer and wine at the Tennis
Center. The sale of other alcoholic beverages is prohibited. Sale of beer and wine must
comply b']th all federal, state, count.v: and municipal lab's, ordinances and regulations and
mus~ be properly licensed by the Stale of Florida.
e. Concessionaire may, at its expense, furnish additional equipment and
fixtures to be utilized in the concession. Concessionaire shall submit plans and speci-
fications concerning fixtures and equipment to City for approval prior to installation of
any items. For the purpose of this Agreement, "fixture" shall be defined as anything
annexed or affixed to a building or structure or which appears to be so affixed or annexed,
regardless of whether it is capable of being removed.
f. The Concessionaire shall provide all maintenance, repair and service
required on all equipment used on the concession.
g. Concessionaire shall keep all fixtures, equipment and personal property,
b'hether owned by Concessionaire or City, in a clean and sanitary condition and shall
cleanse, fumigate, disinfect and deodorize as required and whenever directed to do so by
City. All state health laws and state health department regulations must be strictly
complied with. All janitorial sen'ices necessary in concession area shall be provided by
Concessionaire at Concessionaire's expense.
h. Concessionaire agrees to dispose of all refuse and garbage, in compliance
with all applicable laws, ordinances and health code.s, at Concessionaire's expense, and to
keep outside container areas cleaned at all times.
i. If the concession is operated by a person, firm or corporation other than
Liddun, such person, firm, or corporation shall at all times maintain workers' compensa-
tion insurance coverage for all employees which it employees within the areas and
facilities covered by this Agreement, together with the policy or policies of public
liability and products liability insurance and provides limits of at least One Million
($1,000,000.00) Dollars for combined single limit coverage; provide liquor liability
insurance with limits of at least One Million ($1,000,000.00) Dollars and provide fire
legal liability in the amount of Five Hundred Thousand ($500,000.00) Dollars. Such
policies shall provide that they will not be cancelled or amended without at least ten (10)
days written notice to the Risk Manager of City and shall name City, its officers, agents
and employees as additional insured.
2.08. ACCEPTANCE OF TOUI~NA,MENT SITE.
Prior to the Tournament, Liddun may inspect and examine the Tournament Site to
determine that said Site is in adequate and satisfactory condition for the uses contemplated.
Liddun assumes full responsibility and liability for all damages, losses and liability caused by
conditions on the Tournament Site, which arise once it commences use and occupancy of the
Tournament Site, and which conditions are caused by or result from the actions of or failure to
act by Liddun, its employees, agents or representatives, or by the actions of or failure to act by
exhibitors, independent contractors, workers or invitees of Liddun while on the Tournament Site.
Liddun indemnifies and holds City harmless for any such claims unless such damage, loss or
liability we~ caused by conditions on the Tournament Site which are inherent in the structures
involved, or the direct result of City's (including its employees and agents), negligence or
misconduct.
City shall not be responsible for any damage or injury to, or personal conduct,
safety and welfare of Liddun, its emplo:yees, agents or representatives, or exhibitors, independent
contractors, workers, and invitees while on the premises and Liddun expressly indemnifies, holds
7
harmless and releases City from any and all such claims, damages, losses or liability associated
therewith, unless such claim, damage, or liability is the result of City's (including employees and
agents) negligence or misconduct.
2.09. REPAIR. REPLACEMENT AND MAINTENANCE.
Liddun shall pay all costs for cleanup, repair and replacement and all damages of
whatever origin or nature, for which it is responsible, ordinary wear and use thereof only
excepted, which may occur during the term of this Agreement in order to restore the Tournament
Site to a condition equal to the condition at the time Liddun occupies the Tournament Site.
Liddun shall be responsible for clean-up of the Tournament Site during and after the
Tournament. If at any time City determines that the clean-up services provided by Liddun are
not adequate or that said services endanger public health and safety, City shall provide these
services. Liddun shall reimburse City for the costs of providing these services and for the actual
costs of any supplies.
2.10. EVENT PERSON.'NEL AND EOUIPMENT.
Liddun shall provide all personnel needed for the Tournament, including, but not limited
to, ticket sellers, ticket takers, ushers and technicians. In the event Liddun, or agents or
independent contractors retained by Liddun, choose to provide entertainment during the
Tournament, Liddun shall be responsible for the installation and removal of any staging. Any
sound or lighting which is to be utilized or any equipment of any nature which is needed for such
entertainment shall be Liddun's sole responsibility.
2.11. POLICE AND EMERGENCY PERSON.'N'EL.
Liddun agrees to make arrangements with the City Police Department to provide for City
police personnel which the City determines, in its sole discretion, is necessary for the
Tournament. The officers shall be paid at the prevailing off-duty detail hourly rate in effect at
the time of the event. Liddun shall, at least thirty (30) days prior to the Tournament, consult with
the Chief of Police or his designee to determine the proper scheduling of security for the
Tournament, other than security within the facility itself, which security may be provided, at
Liddun's expense, by a private secuHV,.' agency. Also, Liddun shall contact the City Fire
Department to make arrangements for Emergency Medical Technician personnel to be present at
the Tournament at Liddun's expense.
If Liddun enters into any agreement with any promoter, the promoter agreement
shall contain this provision, and the promoter shall be under the same obligation as Liddun to
hire police personnel and emergency medical technicians.
2.12. CITY'S RIGHT TO CONTROL PRE.MISES.
City at all times reserves the right to eject or caused to be ejected from the
premises any person or persons violating or to keep persons from violating any of the rules or
regulations of the Tennis Center or any ci~', count?', state or federal laws, and neither City nor of
any its of'ricers, agents or emplo.vees shall be liable in any manner to Liddun or its officers,
agents or emplo~:ees for any damages which may be sustained by Liddun through the exercise of
this right by City.
2.13. TICKET gALES.
All tickets for admission shall contain language approved by City establishing
that the tickets create a revocable license. Prior to the sale ~f any admission ticket, Liddun shall
provide City Manager or his designee with the established selling price of each t2,.'pe and kind of
ticket for his review and approval.
2.14. ADVERTISING MATTER.
Liddun agrees, subject to its rights, if any, under any applicable License
Agreements, to identify the City of Delray Beach as the site of the Tournament in all
9
publications, advertising and any electronic broadcast, and lo permit City to use Liddun's
trademark or any trademark authorized to be used by Liddun, during the term of this Agreement
solely in the connection with the advertisement and promotion of City subject to the approval of
· Liddun, which approval will not be unreasonably withheld.
All printed material, advertising matter, posters and pictures to be used prior to or
at Tournament which include the name City of Delray Beach or its official seal shall be sub-
mined to the City Manager or his designee for his approval at least two (2) weeks prior to the
proposed use of the same. Approval shall not be unreasonably withheld by the City Manager or
his designee.
Liddun shall provide to the City two (2) full-page, four (4) color or black and
white advertisements in the Tournament program, plus two (2) pages of editorial content.
Liddun shall include the name "CITY OF DELRAY BEACH" as the "Host Site"
in all Tournament Event brochures, posters, draw sheets, counter cards and other publications
relating to Tournament.
If Liddun is able to secure television coverage for the Tournament, Liddun shall
ensure that any such television coverage of the Tournament shall specifically mention the City as
the host in the opening of each and every broadcast. In addition, Liddun shall use its best efforts
to ensure that a minimum of 60 seconds of each and every broadcast is devoted to a promotional
presentation on the City of Delray Beach. It shall be the City's obligation to provide the
promotional video.
2.15. ,~LCOHOLIC BEV£RAGE LICENSE.
In the event an alcoholic beverage license is required, Liddun or its agents shall
apply for and obtain a temporary alcoholic beverage license from the State of Florida Department
of Business Regulations, Division of Alcoholic Beverages and Tobacco for the sale of alcoholic
beverages at the Tournament Site for the Tournament. Liddun shall display said license in a
10
conspicuous place at the Tournament Site of the sale and/or distribution of the alcoholic
beverages. Liddun shall be solely responsible for timely reporting and remitting the appropriate
retail sm'charge on the alcoholic beverages sold for consumption to the Division of Alcoholic
'Beverages and Tobacco. Liddun shall strictly comply with all rules and regulations established
by the Division of Alcoholic Beverages and Tobacco of the State of Florida and any other
applicable statutory and regulator3' regulations.
2.16. VACATION OF TOURNAMENT SITE.
Liddun agrees to vacate the licensed Tournament Site no later than one (1) day
after the completion of the Tournament; to leave said Tournament Site in a condition equal to
that at the commencement date LJddun occupies the Tournament Site each year, ordinary wear
and use thereof only excepted, and that Liddun shall remoYe from the Tournament Site within
five (5) days following the closing of the Tournament, all material and equipment ov,'ned by
Liddun.
2.17. NON-DISCRIMINATION.
A. That Liddun for itself, its personal representatives, successors in inlerest,
assigns subcontractors, and subJessees, as a part of the consideration hereof, does hereby
covenant and agree that:
1. No person on the ground of race, color, national origin, age, or sex shall be
excluded from participation in, denied the benefits of, or be otherwise
subjected to discrimination in the use of said facilities.
2. That in the construction of any improvements on, over, or under such land
and the furnishing of services thereon, no person on the ground of race,
color, national origin, age, or sex shall be excluded from participation in,
be denied the benefits of, or othe~'ise be subject to discrimination.
il
3. That the Liddun shall use the premises in compliance with all other
requirements imposed or pursuant to Title 45, Code of Federal
Regulations, Article g0, Non-discrimination under programs receiving
Federal Assistance through the Depaament of Health, Education and
Welfare - Effectuation of Title VI of the Civil Rights Act of 1964, and as
said Regulations may be amended.
B. That in the event of a proven breach of any of the above non-
discrimination covenants, the City shall have the right to terminate the license and to take
possession of said facilities and hold the same as if said license had never been made or issued.
This provision shall not be effective until the procedures of Title 45, Code of Federal
Regulations, Part 80, are followed and completed including exercise or expiration of appeal
rights.
C. Liddun shall not discriminate against any employee or applicant for
employment to be employed in the performance of the contract with respect to hiring, tenure,
terms, conditions or privileges of employment, or any matter directly or indirectly related to
employment because of age, sex, physical handicap (except where based on a bona fide
occupational qualification); or because of marital status, race, color, religion, national origin or
ancestry.
2.18. CH.~NGE IN LAW.
During the term, the City reserves the right to restate and/or renegofiate ~4th
Liddun such additions, deletions or changes Io the license as may be necessitated by changes in
county, state or federal laws relating to the operation of the downto~m site. In the event that the
City and Liddun are unable to reach a mutual agreement on any such addition, deletion or
change, that portion of the contract concerning the sen'ices involved in the addition, deletion or
change shall be terminated or eliminated.
12
ARTICLE 3
General Provisions
3.01. CANCELLATION BY CITY.
The occurrence of any of the following cause this Agreement to be automatically
terminated:
A. Institution of proceedings in voluntary bankruptcy by Liddun.
B. Institution of proceedings in involuntary bankruptcy against Liddun if
such proceedings lead to adjudication of bankruptcy and the Liddun fails within ninety (90) da3's
to have such adjudication reversed.
The City shall have the right,, after fourteen (14) calendar days written notice sent
by registered or certified mail to Liddun speci['ing the amount of payment(s) in default, to
terminate tb./s Agreement whenever the non-payment of any sum or sums due hereunder
continues for a period of ten (10) calendar days after the due date for such payments; provided,
however, that such termination shall not be effective if Liddun makes the required payment(s)
during the fourteen (14) calendar day period following receipt of the written notice.
C. City reserves the right to terminate this Agreement for good cause upon
thirty (30) calendar days v, zitten notice by registered certified mail to Liddun. In the event Ci~'
exercises that right, it shall refund any advance monies paid to City on the condition that Liddun
shall agree to forego any and all claims of any kind against City.
3.02. DEFAULT BY LIDDI. iN,
The City may terminate this Agreement for cause upon Liddun's failure to
perform any of the terms and conditions of this Agreement and such failure in performance not
remedied by Liddun within thirty (30) days after receiving notice in a,riting of such default or in
cases where remedial measures may take longer than thirty (30) days, satisfactory, remedial
action must begin and be consistently undertaken within thirty (30) days after receiving notice in
writing stating the nature of the failure of performance and the City's intention to terminate if not
13
corrected and which remedial measures must be completed within a reasonable time set forth in
the notice from the City.
Notwithstanding an)'thing to the contrary, contained herein, this Section 3.02 shall
not apply where Liddun's failure to perform in a timely manner was caused by casualties, acts of
God, material shortages, war, water shortages, governmental regulation, strikes or labor disputes,
Liddun's inability to secure necessary governmental permits after a reasonable effort by Liddun
to so obtain said permits, Or other causes beyond the reasonable control of Liddun.
3.03. DEFAULT BY CITY.
Liddun may terminate this Agreement for cause upon City's failure to perform any
of the terms and conditions of this Agreement and such failure in performance was not remedied
by City within thirty (30) days after receiving notice in gTiting of such default, or in cases where
remedial measures may take longer than thirty (30) days, satisfactor)' remedial action must begin
and be consistently undertaken gSthin thirt3., (30) days after receiving notice in writing stating the
nature of the failure of performance and Liddun's intention to terminate if not corrected and
which remedial measures must be completed within a reasonable time set forth in the notice from
Liddun.
Notwithstanding anything to the contrary contained herein, this Section 3.03 shall
not apply where City's failure to perform in a timely manner was caused by casualties, acts of
God, material shortages, war, water shortages, governmental regulation, strikes or labor disputes,
City's inability to secure necessary governmental permits after a reasonable effort by City to so
obtain said permits, or other causes beyond the reasonable control of City.
Termination pursuant to this paragraph shall not effect any other rights which
Liddun may have, either at law or in equity, for damages or otherwise, resulting from such
default and subsequent termination.
3.04. REMEDIES. ATTOR2WEYS' FEES AND COSTS.
All remedies provided in this Agreement shall be deemed cumulative and
additional, or not in lieu of or exclusive of each other or of any other remedy available at law or
14
in equity. In the event of any arbitration or action at law or in equity arising hereunder, the
prevailing party shall be awarded all costs and expenses (including reasonable attorneys' fees)
incurred in connection herewith.
3.05.
Any notices submitted or required by this Agreement shall be sent by registered or
certified mail and addressed to the parties as follows:
To the City: David Harden, City Manager
Ci~' of Delray Beach
100 N.W. I st Avenue
Delray Beach, Florida 33444
To Liddun: George Liddy, President
Liddun International, Inc.
2929 East Commercial Boulevard
Fort Lauderdale, Florida 33308
or to such other addresses as either party may designate in ~'riting.
3.06. INTERPRETATION.
This Agreement constitutes the entire Agreement between the par~ies with respect
to subject matter hereof and supersedes all prior verbal or written agreements between the pa.e~ies
with respect thereto. This Agreement may be amended only by written document, properly
authorized, executed an delivered by both parties hereto. This Agreement shall be interpreted as
a whole unit and sections headings are for convenience only. Ail interpretations shall be
governed by laws of the State of Florida. Waiver of any breach shall not constitute waiver of any
other breach. Invalidation of any portion of this Agreement shall not automatically invalidate the
entire Agreement.
3.07. INDEMNIFICATION.
To the fullest extent permitted by laws and regulations, Liddun agrees to
inderrmif'y, save and hold City, its officers, agents and employees, harmless bom any and all
claims, damages, liabilities, losses, causes of action, liens or judgments of any kind or nature
15
whatsoever which may arise out of, in connection with, or because of the use, maintenance, or
operation of the licensed facilities, including but not limited, to the exterior facilities and
grounds, parking areas, pedestrian walkways, vehicular paths and grassy areas, by Liddun or its
officers, agents, employees, or independent contractors, and invitees including but not limited to
those resulting from or arising out of (a) by any act done or ~'ords spoken by Liddun, its players,
agents or employees; (b) any damage done to the premises or any part thereof caused by the act
or omission of either Liddun or any pla.vet, agent or employee of Liddun: (c) the breach by
Liddun of any term of this Agreement; or (d) any breach or alleged breach of any warranty or
obligation undertaken by Liddun in this Agreement. Liddun shall pay all claims, losses, liens,
settlements or .judgments of any nature whatsoever in connection therewith, including but not
limited to reasonable anorney's fees and costs to defend all claims or suits, in the name of City
when applicable.
Liddun agrees to defend all actions to xYhich this Section 3.07 applies, in the name
of City provided, however, that Ciw resets'es the right to select its own legal counsel to conduct
any defense in any such proceeding which selection shall be reasonable under the circumstances.
All costs and fees associated therewith shall be the responsibility of Liddun under this
indemnification agreement.
Such indemnification shall not be limited to the amount of commercial general
liability insurance which Liddun is required to obtain under this License Agreement.
Nothing contained herein is intended nor shall be construed to waive City's rights
and immunities under the common law or Section 768.28, Florida Statutes, as amended from
time to time. The provisions of this Section shall sur,,ive the execution, delivery and
performance of this Agreement.
3.08. DESTRUCTION OF TOURNAMENT SITE.
In the event said Tournament Site, or major part thereof, shall be destroyed or
damaged by fire or any other cause, or if any other casualty or any unforeseen occurrence shall
render the fulfillment of this Agreement by City impossible, then and thereupon, this Agreement
shall terminate, unless Liddun shall, at its option, agree to pay to repair such damage.
16
3.09. PERSONAL PROPERTY.
City assumes no responsibility whatsoever for any property placed on the
Tournament Site by .Liddun, its agents, emplo.vees, representatives, independent contractors or
invitees. City is hereby expressly released and discharged from any and all liabilities for any
loss, injury or damage to such property that may be sustained by reason of the use and occupancy
of the Tournament Site under this Agreement, unless such damage, loss or liability is caused by
City's (including employees and agents) negligence or misconduct.
3.10. INDEPENDENT CONTRACTOR STATUS.
Liddun and its emplo3'ees, volunteers and agents shall be and remain an
independent contractors and not agents or emplo.vees of City with respect to all of the acts and
services performed by and under the terms of this Agreement. This Agreement shall not in any
way be construed to create a partnership, association or any other kind of joint undertaking or
venture between the parties hereto.
3.11. COMPLIANCE WITH LAWS.
Liddun shall comply with all slatu~es, laws, ordinances, rules, regulations and
lawful orders of the Uniled Stales of America, State of Florida, City of Delray Beach and of any
other public authority which may be applicable to the use of the Tournament Site by Liddun.
Liddun shall obtain at its expense any and all required permits and licenses including an
occupational license if required.
3.12. GOVERNING LAW AND VENUE.
The validity, cons'd'uction and effect of this Agreement shall be governed by the
laws of the State of Florida. Any claim, objection or dispute arising out of the terms of this
Agreement shall be litigated in the Fifteenth Judicial Circuit in and for Palm Beach Count3.',
Florida.
3.13. ENTIRE AGREEMENT,
17
This Agreement contains the entire understanding of the parties relating Io the
subject matter hereof superseding all prior communications between the parties whether oral or
written, and this Agreement may not be altered, amended, modified or otherwise changed nor
may any of the terms hereof be waived, except by a whiten instrument executed by both parties.
The failure of a party to seek redress for violation of or to insist on strict performance of any of
the covenants of this Agreement shall not be construed as a waiver or relinquishment for the
future of any covenant, term, condition or election by the same shall continue and remain in full
force and effect.
3.14. SEVER.ABILITY.
Should any part, term or provision of this Agreement be by the courts decided to
be illegal or in conflict with any law of the State, the validity of the remaining portions or
provisions shall not be affected thereby.
3.15. NO REPRESENTATIONS BY CITY.
Neither the City nor the City's officers, agents and/or employees have made any
representations or promises except as expressly set forth in this Agreement.
3.16. BOND LIMITATIONS.
It is recognized by Liddun that the Tennis Stadium has been financed with
proceeds of tax exempt debt and may be refinanced from time to time in the future and that the
Internal Revenue Code of 1986, as amended, limits the private use of governmentally owned
facilities, such as the Tennis Stadium, in order to maintain the tax exempt status of debt issued to
finance the same. Notwithstanding any other provision of this Agreement to the contrary., this
Agreement shall automatically terminale, without any required notice by the City,, if any payment
required to be made under this Agreement to the City would, together with any other payments
made or required to be made by any entity' or person for the use of the Tennis Center or related
facilities, adversely affect the exclusion from gross income for federal income tax purposes of
interest on any obligation (herein "Negative Tax Consequences") of the City issued to finance or
refinance the Tennis Center or any part thereof. Such a termination shall not constitute a default
15
on the part of either party to this Agreement. Upon such termination, it is the intention of the
parties hereto to enter into a new agreement which would contain different or modified payment
terms acceptable to both of the parties hereto and whicl~ in the opinion of the City's Bond
Counsel would not have Negative Tax Consequences.
3.17. ASSIGNMENT OF' AGREEMENT.
A. Liddun shall not assign or transfer this Agreement nor otherwise convey
any privilege granted hereunder or sublease,.qicense any part of the stadium unless the wTitten
consent of the City be first obtained. Such consent shall not be unreasonably withheld. Neither
this Agreement nor any fight,, privilege or interest therein or thereunder shall be transferable by
operation of the law or by any process or proceeding of any court.
B. Assignment as referred to above shall include, but not be limited to, any
and all sales, assignment transfer, collateralization, or other disposition of a majority of stock
certificates, right, title and/or interest in and to Liddun International, Inc. to any person or entity
other than George Liddy, Robert Durra, Larry, King, and Sharon O'Connor.
C. Paragraph 3.17(A) shall not be applicable to any transaction wherein
Liddun International, Inc. remains the managing entity of the Tournament, and the majority
interest in Liddun International, Inc. remains in the party(les) referred to in paragraph 3.17(B).
D. In the event Liddun contracts with a promoter for any activity associated
with the Tournament, this agreement shall be incorporated into the promoter agreement and
attached as an exhibit.
IN WITNESS WHEREOF, the parties have caused this agreement and one counterpart,
both of which shall constitute originals, to be executed by its proper officers hereto duly
authorized on the year and date first above written.
~v~o ~l~O,-a RobertV. Dunn, V.P.
(,print or type name)
SEAL
STATE 0
COUNTY OF
The foregoing instrument was acknowledged before me this ~o - day of
(J Oc~o.~ ,1996 by Robert V. Dunn, Vice President ofLiddun Imemational, Inc., a
Delaware corporation, on behalf of the corporation. He is personally known to me/or has
produced
(type of idemification) as identification and did (did not) take an
M~mb~r, Pennsylvania Association of Notario$
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Thomas Lynch, Mayor
Approved as to Form:
City Attorney
CITY OF DELRII¥ BEII£H
CITY ATTORNEY'S OFFICE
AIl.lmrica City ~MO~~
1993
TO: City Comssion
FROM: David N. Tolces, Assistant City Attorn~
SUBJECT: Lice~e Agreement wi~ Peter's Stone Crabs. Ltd. Valet Parking
Peter's Stone Crab, Ltd. requested that the City allow a valet parking service to operate
in front of its restaurant on Atlantic Avenue just east of 4th Avenue. The attached
license agreement, if approved, would grant Peter's Stone Crab, Ltd a license to use two
parking spaces for a valet parking service. The two parking spaces could be used for the
valet parking service Tuesday through Sunday from 5:00 p.m. to 11:00 p.m.
As part of the license agreement, Peter's Stone Crabs will provide sufficient general
liability insurance to protect the City in the event of injury, and will also indemnify and
defend the City in the event of an injury or lawsuit arising out of the valet parking
service. The license may be revoked at any time, and during special events, the license
will be invalid.
At this time City staff is developing a policy and procedure to allow other businesses to
utilize public parking on City streets. At the time the policy is formally adopted, this
agreement will be voided and Peter's Stone Crabs will have to abide by the policy and
procedures which the City adopts.
Please call if you have any further questions.
cc: David Harden, City Manager ~-~
Alison MacGregor Harty, City Clerk
John Walker, Project Coordinator
Scott Solomon, Superintendent of Streets
Richard Lincoln, Major Field Operations
Dan Beatty, City Engineer
DNT/jlk
LICENSE AGREEMENT FOR USE OF RIGHT-OF-WAY
THIS AGREEMENT ("The Agreement") is made this day of , 1996
by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation (the
"City"), and PETER'S STONE CRABS, LTD., A Florida Limited Partnership
("PETERS").
WITNESSETH:
WHEREAS, PETERS has requested permission to use two public parking spaces
adjacent to its restaurant located at 411 East Atlantic Avenue to provide valet parking for
customers along Atlantic Avenue on Tuesdays through Sundays from 5:00 p.m. to 11:00 p.m;
and
WHEREAS, the two parking spaces are the third and fourth spaces east of N.E. 4th
Avenue on the North side of Atlantic Avenue; and
WHEREAS, in order to use the two parking spaces, the CITY requires that PETERS
enter into this License Agreement for the use of the parking spaces for the valet service; and
WHEREAS, the parties desire to enter into this Agreement in order to permit the use
of the parking spaces in accordance with the considerations set forth in these recitals.
NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the
mutual covenants and conditions contained in this Agreement, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged~ the parties
hereby agree as follows:
1. Incorporation of Recitals. The parties hereby represent and warrant that the
above recitals are accurate and correct and hereby incorporate them in this Agreement.
2. Parking Spaces. The City agrees to allow PETERS to use the third and fourth
parking spaces east of N.E. 4th Avenue on the north side of Atlantic Avenue for valet parking
purposes. The parking spaces are to be used for valet parking from Tuesday through Sunday
between the hours of 5:00 p.m. to 11:00 p.m. PETERS acknowledges that the parking spaces
may be unavailable for use during certain special events during the year and during the special
events the license will not be valid.
3. Term and Renewal. The term of this Agreement shall be for one year from
the date written above. The license may be renewed annually by the City Manager following
receipt of a written notice from PETERS that PETERS desires to continue using the parking
spaces for valet parking.
4. Revocable License. This Agreement is only a License Agreement and may be
revoked by the CITY at anytime upon providing written notice via U.S. Mail to PETERS.
5. Compliance with Laws. PETERS agrees to comply and adhere to all state
laws and local ordinances regarding parking. PETERS further acknowledges that due to the
high traffic in this area, double parking unattended vehicles will not be permitted.
6. Notice. Notices required to be provided pursuant to this Agreement shall be
sent to the following addresses:
To CITY: David Harden, City Manager'
100 N.W. 1st Avenue
Delray Beach, Florida 33~.~.~
To PETERS: James Gottuso
Peter's Stone Crabs, Ltd.
411 E. Atlantic Avenue
Delray Beach, Florida 33~.n.~.
7. Further Assurances. The parties shall from time to time execute and deliver
such other and further instruments and documents and do all matters and things which may be
convenient or necessary to more effectively and completely carry out the intent of this
Agreement.
8. i~. All of the terms and provisions of this Agreement shall be
binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their
respective heirs, successors, legal representatives, and permitted assigns. '
9. Entire A~eement. This Agreement shall constitute the entire agreement of the
parties with respect to the subject matter of it. All prior understandings and agreements
between the parties with respect to such matters are merged into this Agreement, which alone
fully and completely expresses their understanding.
10. Alllglllllll~,Jl~. This Agreement may not be amended, modified, altered, or
charged in.any respect, except by a further agreement in writing duly executed by each of the
parties hereto.
11. ~. PETERS agrees to provide the CITY with assurance, subject to the
approval of the CITY'S Risk Manager, that general liability insurance for the valet service is
in place, and that the City of Delray Beach is named as an additional insured.
12. Indemnification. In consideration of the payment of Ten Dollars ($10.00),
receipt of which is hereby acknowledged, PETERS shall indemnify and save harmless the CITY
from and against any and all claims, suits, actions, damages and/or causes of action arising
during the Term of this Lea~e for any personal injury, loss of life and/or damage to property
sustained in or about the parking spaces by reason or as a result of the use and occupancy of the
parking spaces by PETERS, its agents, employees, licensees., invitees, and members of the public
generally, and from and against any orders, judgments, and/or decrees which may be entered
thereon, and from and against all costs, attorney fees, expenses and liabilities incurred in and
about the defense of any such claim. In the event the CITY shall be made a party to any
litigation commenced against PETERS or by PETERS against any third party, then the CITY
shall protect and hold the CITY harmless and pay all costs and attorney's fees incurred by the
CITY in connection with such litigation, and any appeals thereof.
13. Third Parties. Nothing in this Agreement, whether express or implied, is
intended to confer any rights or remedies under or by reason of this Agreement upon any
person other than the parties hereto and their respective heirs, successors, legal
representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or
discharge the obligation or liability of any third persons to any party to this Agreement, nor
shall any provision thereof give any third person any right of subrogation or action over or
against any party to this Agreement.
14. I~lll/llati~l. PETERS acknowledges that the CITY is currently developing a
uniform policy/procedure for the use of public parking spaces for valet parking services.
Upon adoption of the uniform policy/procedure, this License Agreement will be null and void
and of no further force and effect. PETERS will then comply with the CITY'S
policy/procedure for use of public parking spaces.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed on their behalf this ~ day of , 1996.
Signer, Sealed and Delivered -
in the Presence of:
THE CITY OF DELRAY BEACH,
a Florida Municipal Corporation
By:
Thomas E. Lynch
Mayor
Approved as to legal sufficiency
and form:
Assistant City Attorney
3
PETER'S STONE CRABS, LTD,
a Florida Limited Partnership
By:
James Gottuso
General Partner
STATE OF FLORIDA )
) SS:
COUNTY OR PALM BEACH )
The foregoing instrument was acknowledged before me this day of
, 1996 by Thomas E. Lynch, as Mayor of the City of Delray Beach, a Florida
Municipal Corporation, On behalf of the corporation.
Notary Public
(Print or Type Name)
(OFFICIAL NOTARIAL SEAL) State and County Aforesaid
My Commission Expires:
STATE OF FLORIDA )
) SS:
COUNTY OR PALM BEACH )
The foregoing instrument was acknowledged before me this day of
, 1996 by James Gottuso, as General Partner of Peter's Stone Crabs, Ltd, a
Florida Limited Parmership, on behalf of the limited partnership.
Notary Public
(Print or Type Name)
(OFFICIAL NOTARIAL SEAL) State and County Aforesaid
My Commission Expires:
AGT/PETERS.AGT
4
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~1
SUBJECT: AGENDA ITEM ~ ~i~ - MEETING OF J~UARY 23, 1996
SANIT~Y SEWER ALTE~ATIVES/N.E. ~ST COURT UTILITY
IMPROVEMENTS PROJECT
DATE: JANUARY 19, 1996
This is before the Commission to consider gravity flow sanitary
sewer alternatives as part of the N.E. 1st Court utility
improvements project. Substituting a gravity sewer for
replacement of the lift station offers an up-front savings of
$4,400 as well as an average of $10,000 per year in operating
costs.
Recommend approval of gravity flow sanitary sewer alternatives on
N.E. 1st Court.
Agenda Item No.
AGE~A REO~ST
Date: January 19, 1996
Re~est to be placed on:
X Re~lar Agenda
Special Agenda
Workshop Agenda When: January 23, 1996
Description of item (who, what, where, how much): Project No. 95-63.
N.E. 1st Court Utility I~orovements. Staff re~ests City Commission to
approve sanitary sewer alternatives on N.E. 1st Court. The gravity flow
alternative offers an up front savings of S4.400.00 (see attached bid
tabulations) as well as an average of S10.000 per year in operating
ORDIN CE/RESOL=ION REQOIR D: A ACH D
Recommendation: Staff recommends aPProval of saTrl~sarv sewer alternatives
on N.E.lst Court, ~ U ~
Department head signature: ~ /~ ~~~
Dete~ination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of
funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda: ~NOHold Until: ~'?b~
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
AG563119.DOC
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Dan Beatty, P.~
City Engineer ,,//
DATE: January 19, 1996
SUBJECT: SANITARY SEWER ALTERNATIVES
N.E. 1ST COURT
Attached is an agenda request and supporting information for discussion of the sanitary
sewer alternatives on N.E. 1st Court. The gravity flow alternative offers an up front
savings of $4,400.00 (see attached bid tabulations) as well as an average of $10,000 per
year in operating costs. Please place this item on the January 23, 1996 Commission
meeting for discussion and recommendation.
DB:mm
File: Project No. 95-63 (A)
ALTER119.DOC
~OADWAY RECONSTRUCTION (WEST)
PROJECT NO.
92-00~
LOW BID
5/]9/95
ITEM ESTIMATE Intercounty Engineering, Inc.
No. DESCRIPTION UNIT QUANTITY UNIT TOTAL
48 3" SDR-11 PE Force Main L.F. 780 $20.00 $15,600.00
49 Disconnect FM & grout hole L.S. 1 $500.00 $500.00
50 24" X 4" Tapping Sleeve Ea. I 1 $5,000.00 $5,000.00
51 4" DIP FM L.S. 1 $5,000.50 $5,000.50
52 Lift Sta. 9 Rehab L.S. 1 $45,000.00 $45,000.00
TOTAL LIFT STATION $71 ,t 00.$0
NE 1st Court Utility Improvements
Project No. 9~-63
LOW BID
ITEM EST. Marandola
No. DESCRIPTION UNIT QTY. Construction, Inc.
21 8" SDR-35 PVC - San. L.F. 370 $60.00 $22,200.00
22 8" C900 PVC - San. L.F. 125 $60.00 $7,500.00
23 4' Dia. San. MH (0'- 6' Cut) Ea. 4 $1,000.00 $4,000.00
24 4' Dia. San. MH (6'- 10' Cut) Ea. 2 $2,000.00 $4,000.00
25 6" San. Sewer Service Ea. 2i $300.00 $600.00
26 Core Wet Well Ea. 11 $2,000.00 $2,000.00
27 Lift Sm. 9 Demolition, inc. Grouting FM L.S. 1 $9,000.00 $9,000.00
28 Sod S.Y. 2,600 $4.00 $10,400.00
29 Landscape & Fence Replacement L.S. 1 $7,000.00 $7,000.00
TOTAL SEWER $66,700.00
Page I
¥~¥ 'ON (~VO~ ~.¥
SaLq~:INV
Memorandum
To: City Commission
From: David Harden, City Manager ~l(
Date: January 19, 1996
Subiect: CRA's Proposal To Acquire City Property
ITEM BEFORE THE COMMISSION:
Consideration of a proposal from the Community Redevelopment Agency (CRA) to acquire
City owned property addressed as 17 NW 5th Ave, commonly referred to as the "Shatz
Property."
BACKGROUND:
In late 1992, the City filed a complaint for forfeiture with the Palm Beach County Nuisance
Abatement Board against 17 NW 5th Avenue. The complaint was heard on August 17 and
September 21, 1992 with the final decision to close the apartment complex being made at
the latter meeting. The City received a final Judgement of Forfeiture and transfer of
ownership from Judge Mary Lupo on April 2, 1993. We were required to pay all mortgage
debt owed on the property, thus a Satisfaction of Mortgage for the amount of $130,000 was
issued on July 28, 1993.
The CRA had the property appraised for its land value. Therefore, they are proposing to
acquire the property from the City for the appraised property value of $29,200 plus the cost
of demolition of the building estimated at $10,000. The property will be used to construct
a public parking lot in support of the Peach Umbrella Block redevelopment activities.
RECOMMENDATION:
Staff is submitting this item for City Commission consideration.
LB:DQ
q.F.
Community
Redevelopment
Agency
Delray Beach
January 9, 1996
Mr. David Harden
City Manager
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
RE: Shatz Property
NW 5th Avenue
Dear Dave:
As you know the CRA and the City have placed a high priority on the West Atlantic Avenue
Redevelopment Plan. In an effort to make this redevelopment area more economically viable,
the CRA would like the City to consider the City selling the above-referenced property to the
CRA for the construction of a parking lot.
We have an opportunity to provide much needed parking for the area as well as a local business,
Parker's Kitchen, who would like to build a 150-seat restaurant on West Atlantic on the Peach
Umbrella block. Parker's proposes to build a 3,000 square foot restaurant and has received
preliminary approval from two lenders, First Union Bank and the Black Business Investment
Corporation, for financing. Together with CRA monies and with a pending County economic
development grant for Parker's, we could build a 30-space lot on the Shatz lot and the Davis lot
(south of Shatz). Enclosed please find a site plan of the proposed parking lot.
To date we have had a survey completed, an appraisal done, and a Phase I environmental study.
Enclosed are copies of these documents.
Subject to the CRA Board's approval, we would like to pay the City $29,200 for the land and
$10,000 ~r demolition costs. If this is acceptable to the City, I will have Bob Federspiel draw
up a f/~hl contract for the purchase of this property.
/ /
OUrS, ~
Clgrist opher~JwBroWK~ -
Executive Director
/d
Enclosures
24 N. Swinton Avenue, Delray Beach, FL 33444 (407) 276-8640 / Fax (407) 276-8558
MEMORAND~
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~"~'I
SUBJECT: AGENDA ITEM # ~.G. - MEETING OF JANUARY 23, 1996
U.S. MARSHALS SERVICE OFFER TO SELL TO THE CITY
PROPERTY AT 200 S.E. 10TH STREET
DATE: JANUARY 19, 1996
This is before the Commission to provide direction regarding the
U.S. Marshal's offer to sell to the City property at 200 S.E.
10th Street for $80,000 (formerly known as Sunshine Tool Repair).
When the Silver Terrace redevelopment plan was discussed at the
Commission workshop meeting in October, this property was
mentioned as a possible site for relocation of Rusty's Plumbing.
Rusty's is currently located along Dixie Highway on a five-lot
parcel that totals approximately 7/10 of an acre. Those lots
could then be used for residential purposes, which would help to
stabilize the housing in the area.
City staff inspected the premises and discussed the possibilities
of the relocation with Rusty Warren, owner of Rusty's Plumbing.
Mr. Warren's position is that he would consider moving if the
Sunshine Tool Repair site was substantially upgraded. Both the
building and the site are in disrepair; particularly the electric
wiring, roof and parking area. Mr. Warren further stated that he
would require a 2,000 square foot addition to the existing
building.
At this time the U.S. Marshal's office would like an indication
of the City's interest in purchasing the Sunshine Tools property
for the relocation of Rusty's Plumbing. It would be beneficial
to the City's plans; however, the costs involved are substantial.
Recommend consideration of the purchase of the Sunshine Tool
Repair property for the relocation of Rusty's Plumbing.
,5'-0
CITY COMMISSION DOCUMENTATION
TO: D~,~ID~ T. HAR[~N, CITY MANAGER
DEPARTMENT OF PLANNING4~ND ZONING
SUBJECT: MEETING OF JANUARY 23, 1996
CONSIDERATION OF OFFER BY THE U.S. MARSHALS SERVICE
TO PURCHASE PROPER ,TY LOCATED AT 200 S.E. 10TH ST.
(FORMER SUNSHINE TOOL REPAIR SITE)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of providing direction regarding the
potential of purchasing property located at 200 S.E. 10th Street (former Sunshine Tool
Repair building).
BACKG ROU N D AN D DESCRIPTION:
The subject property has been seized by the U.S. Marshals Service and its disposition
is part of the negotiations in an ongoing court case. The U.S. Attorney's Office has
offered to sell the property to the City for $80,000, which would enable them to move
forward in settling the case (see attached letter from the U.S. Attorney). The property
consists of Lots 23, 24, and 25 of the Silver Terrace subdivision, and is approximately
4-tenths of an acre in size. It contains a 2,300 square foot building that was formerly
occupied by Sunshine Tools lawn mower sales and service. The last sale of the
building and property was for $130,000 in 1983. The current tax-assessed value is
$35,934.
The property is currently zoned RM (Medium Density Residential) and is within the
Silver Terrace Redevelopment Area. The redevelopment plan that is currently being
drafted would allow for the commercial use of the property. When the Silver Terrace
redevelopment plan was discussed at the City Commission workshop meeting in
October, this property was mentioned as a possible site for the relocation of Rusty
Plumbing, which is currently located along Dixie Highway, on a 5-lot site that totals
approximately 7-tenths of an acre. Those lots could then be used for residential
purposes, which would help to stabilize the housing in the area. Following the receipt
of the letter from the U.S. Attorney, City staff inspected the premises and discussed the
possibilities of the relocation with Rusty Warren, owner of Rusty Plumbing. Mr.
Warren's position is that he is satisfied with his current location, and has recently
invested in improvements to his building. However, he would consider moving if the
Sunshine Tools site was substantially upgraded.
City Commission Documentation
Sunshine Tool Repair
Page 2.
Construction Manager Jose Aguila worked with Mr. Warren and his contractor
regarding the necessary improvements. Both the building and the site are in disrepair,
particularly the electric wiring, the roof, and the parking area. In addition, Mr. Warren
has stated that he would require a 2,000 square ft. addition to the building in order to
make it work for his business. Attached is a memo from Jose describing the necessary
improvements, as well as a rough estimate from Mr. Warren's contractor of close to
$250,000 for the repairs and addition.
At this time, the U.S. Marshal's office would like an indication of whether or not the City
wishes to pursue the purchase of the building. It would be beneficial to the City's plans
for the area if we were able to relocate Rusty Plumbing, however the costs involved are
substantial.
RECOMMENDED ACTION:
Provide direction regarding the potential purchase of the Sunshine Tool Repair
property.
Attachments:
· Location map
· Letter from Kendall Coffey, United States Attorney
· Memorandum from Jose Aguila to Diane Dominguez re: Rusty Plumbing relocation
· Cost estimate prepared by Atkinson Construction Services
~ S.E. 8TH
S.W. 8TH CT. "~ --
S.W. 10TH ST. S.E. lOTH ST.
SUNSHINE
TOOL
REPA IR
i .SON AVE.
REIGLE AVE.
STERLING AVE. L~ S.E, 12TH RD.
SOUTHRIDGE RD.
COLLINS AYENUE RUSTY
PLUMBING
D E LRAY
WOODS
8ANY^.
TREE LANE
N SUNSHINE TOOL REPAIR
~ AND
.,...,.c oE..~,,.E.. RUSTY PLUMBING
CITY OF DI:'LRAY BEACH, FL
-- DIGITAL BAS[ MAP SYSEllil -- MAP RE:F: LMO05
U. S. Department of Justice
~fnited State~ Attorney
Southern District of Florida
Dcc~mbcr 4, 1995
VIA FACSIMILE COMMUNICATION (4o7) 278-4755
Susan ,A. Ruby, F-.s,q.
City Attorney
City of Delray Beach
200 N.W. 1st Ave-
Dclray l~ach. Flor/da 33~n.d
R~: BUR~ARD W. EVI~RET1r, ec al. v~. U.S., r~o.,a No. 94~168.CIV-Fi~RGUSON, and U.S.
va. 200 S.E. 10ch Sc, Delray Beach, FL, Case No. 87-8925-CIV-ROETTOER
Dear Ms. Ruby:
This i~ to follow up on our meeting of October 16, 1995.
During our d/acnssion, purchase of ~hc property located at 200 S.E 10th Street (the
seemed to be one of thc alternativca .contemplated by xhe Cio] of Deltay Beach (the 'Cit3ff). I am advised that
thc LLS. Me,hals Serv/ce may be willing To sell the Property to the City for $80,000.00. We would apprec/ate
your adv/ce as to whether the City is/nterested in exxending an offer itl that amount for the Property. Further,
if the City is interestr, d, please adv/.~ ua as to whether a closing for such a transaction c~uid take place b~fore
Dec~mber 31, 1995.
· Should you 'l~ave any questions or commem$, please feel fre~: to call me at (954) 356-7255, exx. 69.
Sincerely,
KENDALL COFFEY
UNITED STATES ATTORNEY
By:.
Tcrreace C. Ayah
Assistant U.S. Atiorncy
· ~< TOTIqL PIqGE.007 >~<
12/04/95 M0N 13:04 [TX/RX NO 6183]
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: Diane Dominguez
Planning Director
From: Jos6 Aguila ~_
Const ruction~/lanager
Date: January 11, 1996
Subject: Rusty Plumbing Relocation
to 200 S.E. 10th. Street
On December 13, 1995 1 met with Rusty Warren, owner of Rusty Plumbing, to discuss the
possibility of relocating his commercial establishment from its current location, on Dixie
Highway, to 200 SE 10th. Street. Several people were at this meeting, including
representatives of the U.S. Marshal's Service, a ~eneral contractor and others.
Following review of the site under consideration, the following observations were made:
1. Existing area is around 2300 square feet, with about 50% under air.
2. The roof has serious deterioration and some leaks are present.
3. The parking situation is not per code and backs up onto SE 10th. street.
4. All of the electrical wiring is in violation of code and must be removed and new
electrical wiring provided.
5. There are a number of ADA and other accessibility problems, including size of
public restroom facilities, access and others.
Mr. Warren agreed to consider the Cities request and had several meetings with his
contractor to develop a scope of his needs, and establish an opinion of cost for
construction at the new location. Attached is an estimate from a general contractor on the
cost to do the minimum required/expected work. The work anticipated includes:
Selective demolition 2000 SF addition Electrical
Interior Partitions Plumbing HVAC
Interior finishes doors & windows New roof
New signage Site work, parking Landscaping
etc.
Mr. Warren would also require the following:
1. An even swap of land or lot size with clear title.
2. A current survey of the property.
3. A current EPA Certification on the property.
4. Would like to retain access to Miami Boulevard for egress.
5. Would like the City to waive all fees associated with reviews, permits, impact
or connection fees and meters.
6. Not be responsible for the demolition of his existing building.
Please let me know if you wish me to proceed any further on this matter. I am of the
impression that Mr. Warren is interested in this proposal.
File: memo to planning director
JAN--Ii--96 TUE 02:~? PM ATKI~SO~ CO~$T. 40? 2?8 05?5
A ~'J~N$ON
CON$~R~C~ON
S£J~PTC£$
January 10, 1996
Rusty's Plumbing of Flor/da
1190 S. Old Dixie Highway
De]ray Beach, Florida 33483
Re: Renovation of Building at: 200 S. E. 10th Street Delray Beach, F1
This is Atkinson Construction Services, Inc., "Ball Park" estimate for the project referenced
above.
Scope of Work:
Plumbing
Electric
Air ¢onditior~
Roofing
Stucco
Masonry
Security System
Phone System
Concrete
Resteel
Painting
Landscaping
Irrigation
Paving
Curbing
Dumpsters, Eaclosure
Drywall & Framing
Signage
Rolladen Shutters
Overhead Doors - 3 each
Glass & Windows
Fencing
1445 N. Congress Ave. Unit 14, Delray Beach, Florida 33445 (407) 278-2835
J~N~11--96 TUE 02:0? P~ ATKINSON CONST. 40? 2?8 05?5 P. 03
page 2
January 10, 1996
Renovation of Building
Supervision
Dumpstets
Phones
$iffy lolm
Ceramic Tile
Rough Carpentry .
Finish Carpentry
Contingency 5% _
Total This Ball Park Estimate $ 247,607.00
Exclude: Meter Fees, Permit Fees, Impact Fees
I appreciate the opportun2y of giving this "Ball Park" estimate and I look forward to working
with you.
Sincerely,
ATI<INSON CONSTRUCTION SERVICBS, INC.
Scott Atkinson
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM ~ ~'/~'- MEETING OF JANUARY 23. 1996
THE CORNICHE REpLAT
DATE: JANUARY 19, 1996
We have been contacted by a representative of the contract
purchaser of the property shown on the attached plat with a
request that the 24 foot access easement be relocated from the
north end to the south end of the property. The current owner is
in Oklahoma, and we have had great difficulty getting the
necessary signatures on the replat. Since the contract purchaser
is local, we suggested that the sales transaction proceed to
closing and the documents necessary to move the easement could be
executed by the new owner. Therefore, the Commission is
requested to approve exchanging the easement on the north end of
the property for a 24 foot easement across the south end of the
property.
I recommend that the City Commission approve releasing the 24
foot public access easement for recreational purposes across the
north end of The Corniche Replat in exchange for a like 24 foot
easement across the south end of the replat, subject to approval
by the City Attorney of the necessary legal documents.
ref:agmemo7
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER'S'I
SUBJECT: AGENDA ITEM ~ ~-- - MEETING OF JANUARY 23. 1996
REJECTION OF BIDS/GREENBRIER DRIVE UTILITY IMPROVEMENTS
DATE: JANUARY 18, 1996
This is before the Commission to consider rejecting all bids
received for the Greenbrier Drive utility improvements project.
The original scope of work was to have included construction of
both an 8 inch water main and an 8 inch sanitary gravity sewer.
Following receipt of the bids, however, the scope of the work was
significantly reduced to eliminate the sanitary sewer portion of
the project. This due to easement acquisition problems and budget
constraints.
The revised scope of work generally consists of the water main
construction, including laterals, on Greenbrier Drive and the
restoration of several existing driveways and sodded swale areas.
The work will be done by City forces.
At the January 9th regular meeting, Commission postponed action on
this item until the Greenbrier Drive residents were notified of the
change to the scope of the project. Attached is a copy of 'the
letter sent from Engineering to the residents.. As of this date, no
objections have been received.
Recommend rejection of all bids received for the Greenbrier Drive
utility improvements project.
ref:agmemo5
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID T. HARDEN
CITY MANAGER
FROM: C. DANVERS BEATTY, P~
CITY ENGINEER ,~_---~
DATE: JANUARY 5, 1996
SUBJECT: GREENBRIER DRIVE UTILITY IMPROVEMENTS
PROJECT NO. 95-25
Enclosed is an Agenda Request for the regular Commission Meeting on January 9, 1996, requesting
rejection of all bids submitted for the referenced project.
ARer further review, the scope of the referenced project has been significantly reduced due to easement
acquisition problems and budget constraints. It has been determined that the sanitary sewer portion of
the project will be eliminated, only the water main portion of this project will be constructed, and it is
more economically feasible to have City forces complete the work.
The revised scope of work generally consists of the construction of approximately 1,106 feet of 8-inch
water main, including laterals, on Greenbrier Drive and the restoration of several existing driveways and
existing sodded swale areas.
Please place this item on the agenda for commission approval.
Enclosure
cc: Joseph Safford, Finance Director
Richard Hasko, P.E., Deputy Dir. ESD, Public Utilities
File: Project No. 95-25 (A)
NOT TO SCALE
LOCATION MAP
DEPARTMENT OF ENVIRONMENTAL SERVICES ~ E (, ~ I V ~ D
MEMORANDUM
1 1996
TO: David R. Harden
City Manager
FROM: C. Danvers Beatty"---~~2~
City Engineer, P.E....,,~'--->~
DATE: January 11, 1996
SUBJECT: Installation of Water Main Greenbrier Drive
Attached is a copy of the letter sent to the residents of Greenbrier Drive advising them
that we will be installing the water main only. To date we have received no objections.
DB:tas
Attachment
File: Memos to City Manager
95-25(A)
IWMGDJ11 .DB
~iI-Americ~ l;i~
Janua~ 5, 1996
Dear Property Owner:
AtSer further review, by the City Manager's office, the scope of the referenced project has
been significantly reduced due to budget constraints. It has been determined that only the
water main portion of this project xviil be constructed and City forces will complete the
work. The water main will be installed in the west right-of-way of Greenbrier Drive. As
indicated in the letter dated March 24, 1995, the construction mav involve the removal
and possible replacement of an,,,' landscaping in the right-of-way, and the removal and
complete restoration of the end of your driveway.
Construction is scheduled to begin in Januap/ 1996 and continue through late March 1996.
While the City's construction crew has been instructed to minimize anv inconvenience to
you during construction, restrictions on vehicular access to your property for brief periods
are anticipated. We will work to minimize these conditions as much as possible.
If you have any questions or concerns regarding this project, please feel free to call me at
243-7299. Your cooperation in the improvement of our City is greatly appreciated.
Sincerely,
Matthew J. l~er, E. I.
Civil Engineer
cc: R/chard Hasko, P.E.. Depu~ Director of Public Utilities
C. Danvers Beatty. P.E.. City Engineer
Howard Wight. Depu .ty Director of Construction Division
File: 95-25 (A)
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~.~'~I
SUBJECT: AGENDA ITEM # q-G. - MEETING OF JANUARY 9, 1996
REJECTION OF BIDS/GREENBRIAR DRIVE UTILITY IMPROVEMENTS
DATE: JANUARY 5, 1996
This is before the Commission to consider rejecting all bids
received for the Greenbriar Drive utility improvement project.
Following receipt of the bids, the scope of the project was
significantly reduced due to easement acquisition problems and
budget constraints. The sanitary sewer portion of the project
will be eliminated; and as it is more economically feasible,
construction of the water main portion of the project will be
completed by the City forces.
Recommend rejection of all bids for the Greenbriar Drive Utility
Improvements.
Agenda Item No. ~o~ .
AGENDA REQUEST
Date: January 5, 1996
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: January 9, 1996
Description of item (who, what, where, how much): Project No. 95-25,
Greenbrier Drive Utility Improvements. The original scope of work
would consist of the construction of approximately 1,377 feet and
1,106 feet of 8-inch water main and 8-inch sanitary gravity sewer
respectively, including laterals, on Greenbrier Drive. The
construction would also include the restoration of several existing
driveways and existing sodded swale areas. Finally, this project
will include overlaying all of Greenbrier Drive. However, after
further review, the scope of the referenced project has been
significantly reduced due to easement acquisition problems and budget
constraints. It has been determined that the sanitary sewer portion
of the project will be eliminated, only the water main portion of
this project will be constructed, and it is more economically
feasible to have City forces complete the work. The revised scope of
work generally consists of the construction of approximately 1,106
feet of 8-inch water main, including laterals, on Greenbrier Drive
and the restoration of several existing driveways and esistinq sodded
swale areas.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends rejection of all bids for Project
No. 95-25, Greenbrier Drive Utility Improvements based on the above
mentioned information.
Department head signature: ~,~~ /~~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda: YES/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
AG525105. DOC
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~{/i
SUBJECT: AGENDA ITEM ~ ~'~' - MEETING OF JANUARY 23. 1996
CONTRACT ADDITION (C.C. ~! ~/MURRAY LOGAN CONSTRUCTION
DATE: JANUARY 19, 1996
This is before the Commission to consider approval of a contract
addition (C.C. #1) in the amount of $17,720.00 and a sixty (60)
calendar day time extension to our existing contract with Murray
Logan Construction. The current contract is for Project 95-26
(Lift Station 50 Piping Modifications). The proposed additional
work includes miscellaneous repairs which are needed at Lift
Stations 83 and 81. Completion of these repairs will greatly
reduce the continual maintenance time and expense currently being
expended by City staff on these two stations.
The scope of work includes the installation of a new emergency
pump out connection at Lift Station 81, along with new base
elbows, discharge piping and guide rails at both stations.
Prices include all required bypass pumping and removal/resetting
of existing pumps. The City will furnish the base elbows and
guide rail materials for installation by the contractor.
Recommend approval of the Contract Addition (C.C. #i) in the
amount of 817,720.00 and a 60 calendar day time extension with
Murray Logan Construction; with funding from Account No.
442-5178-536-61.83 (R&R Transmission System).
ref:agmemo8
Agenda Item No.
AGENDA REOUEST
Date: Januar~ 17, 1996
Request to be placed on:
X Regular Agenda
__ Special Agenda
__ Workshop Agenda When: Januar~ 23, 1996
Description of item (who, what, where, how much): Staff recruest the City
Commission to consider approval of a contract Addition (C,O. #1) tO Murray
Loqan Construction for the Lift Station 50 Pipinq Modifications (ProJ 95-26)
for repairs at Lift Station No. 83 and 81. The work include miscellaneous
repairs required at sanitary Lift Stations 83 and 81 (see attached maD).
Completion of these repairs will qreatly reduce the continual maintenance time
~nd expense currently beinq expended by City staff on these two stations. The
Contract Addition is in the amount of $17,720.00. It also includes a sixty
(60) calendar day time extension to the Contract time,
The scope of work includes the installation of a new emerqency pump out
connection (L.S. 81); new base elbows, discharqe pipinq and quide rails (L.S.
81 & 83). Prices include all required bypass pumpinq and removal/resettinq of
~xistinq DumPs. The City will furnish the base elbows and quide rail
materials for installation by the contractor.
Fundinq is available from account number 442-5178-536-61,83 R&R Transmission
System for $17,720~00.
ORDINANCE/RESOLUTION REQUIRED: YES'DRAFT ATTACHED YES~
Recommendation: Staff requests the City Commission to consider approval of a
Contract Addition (C.O. #1) to Murray~Logan Construction and an extended sixty
(60) day time to the Contra~. ~ ~
Department head signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (r~red on all items involving expenditure of funds):
Funding available: Y~/NO
Funding alternatives ~///~ .(if applicable)
Account No. & Description q~2- ~/7~-
Account Balance ~ ~/,
City Manager Review:
Approved for agenda: ~/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Act ion:
Approved/Disapproved
To: David T. Harden, City Manager
From: ~Richard Hasko , P.E., Deputy Director Public Utilities
Date: January 17, 1996
Re: Lift Station 50 Piping Modifications (Proj 95-26)
Contract Addition (C.O. #1) for repairs at Lift Station
No. 83 and 81
Staff requests the City Commission to consider approval of a
Contract Addition (C. O. #1) to Murray Logan Construction for the
above referenced Project. The work include miscellaneous repairs
required at Lift Stations 83 and 81 (see attached location map).
Completion of these repairs will greatly reduce the continual
maintenance time and expense currently being expended by City
staff on these two stations. The Contract Addition is in the
amount of $17,720.00. It also includes a sixty (60) calendar day
time extension to the Contract time.
The scope of work includes the installation of a new emergency
pumpout connection (L.S. 81); new base elbows, discharge piping
and guide rails (L.S. 81 & 83). Prices include all required
bypass pumping and removal/resetting of existing pumps. The City
will furnish the base elbows and guide rail materials for
installation by the contractor.
Funding is available from Acct. No. 442-5178-536-61.83 R&R-
Transmission System for $17,720.00.
CC : William H. Greenwood, Director of Environmental Services
Howard Wight, Dep Dir Construction Division
memo9526.doc
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE ORDER #1 PROJECT NO. 95-26 DATE:
PROJECT TITLE: Lift Station 50 Piping Modifications
TO CONTRACTOR: Murray Logan Construction
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND
SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY,
SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS.
JUSTIFICATION:
Complete repair work at Lift Station 81 & Lift Station 83 per attached
~Quotation" dated 01/10/96.
SUMMARY OF CONTRACT $24OUNT
ORIGINAL CONTRACT AMOUNT $ 88,000.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 88,000.00
COST OF CONSTRUCTION CHANGES THIS ORDER $ 17,720.00
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $105,720.00
PER CENT INCREASE THIS CHANGE ORDER 20%
TOTAL PER CENT INCREASE TO DATE 20%
EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE 60 CALENDAR DAYS
CERTIFIED STATEMENT: I hereby certify that the supporting cost data
included is, in my considered opinion, accurate.
MURRAY LOGAN CONSTRUCTION
(Sign & Seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Service Department 442-5178-536-61.83 (R&R Transmission
System).
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND: By
William H. Greenwood, Director Thomas E. Lynch, Mayor
of Environmental Services
ATTEST:
APPROVED: Dy:
City Attorney City Clerk
MURRA¥ £OGAN CONSTRUCTION, iNC.
G~ml Congr~tors
313 ~TN TRAIL N, · P. O. ~X 15555
W~$T PALM BEACH, FLORIDA 33~ TELEPHONE 68~39~
QUOTATION
City of Delray Beach ~T, 1/10/96
Fax #: 243-7314
Arm: Howard Wight
NAM~~n s~ ~ s~
I~lmy Beach
1. ~ Li~ S~ No. 81 m follo~:
A. Mobili~ $ 660.~
B. ~m~ 4" eme~ p~ co~on, $ 2,~.00
C. Im~il ~p. p~p ~ ~ ~moli~on. $ 2,3~.~
D. ~1 b~ el~, ~sc~e pi~t to e~ $ 4,0~.~
sl~ in ~ ~ ~& mils ~
~rd~e ~ ~ p~.
E. ~! drain ~m v~ve ~x lo ~11, build $1,4~.00
slo~ fl~r md ~m~ ~n~e pi~
~s ~ v~ve ~x.
For ~e T~I L~p S~ of $10,360.~
i. R~r Idff S~ No. ~ ~ folio~:
A. Mobilize. $ 6~.00
B. I~ll m~p. p~p in M.H. ~ ~o~ d~oli6on. $ 2,3~.~
C Im~l b~ el~, ~ch. pipi~ ~ ~sg~ ~lv~, $ 4,400.00
~i& mils, ~ re~ ~~ ~d ~ p~.
For ~ To~ L~p S~ ot $7,~60.~
T~ For Imm 1 ~ 2 ~ $17,~20.00
No~:
1. B~ el~ g~ ~ ~ m~i~ ~e, ~ ~ to be ~shed by o~er.
2. El~cal ~d R.T.U. ~ ~ o~.
3. ~ to ~i~ ~ ~k to cl~ o~ ~lls.
4. ~ e~l~e ~1 ~ m ~lls.
5. ~ ~p ~ ~ ~ m ~~ b~s p~p.
MURRAY ~OG~ CONBYRU~ION, INC. CANNOT G~RA~E OR ~[ ~E~NSIBLE FOR ROCK BASE WORK CON~TRUCTEO BY OTH[RS:
~UY~ ~IGNEO AGOEPYA~E WILL CONSTITUTE A BINQt~ CONTRACT.
ACCEDED:
MURRA~~ ~,ON, INC.
SHEET 23
ELECTRONICS
PARk
CONGRESS
AVE. AUTO
CENTER
....... .-' I~ AROL WAY
A~SROSE .......
t DR. ,, . N.W. 2ND
84 8' CJP -/ !
29
[ ~A¢~'r D~ ~ ~AN~SCO'S WAY
S E W E R A T L A S TOWNSHIP: 46 SHEET 22
8ECTION: 18 (NORTH)
[ITY JIF I]ELRRY BEA[H
DELRAY BEACH
~ 100 N,W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
1993
TO: David T. Harden, City Manager
'~bert A. City Manager
FROM: Barcinski, Assistant
SUBJECT: AGENBA ITEM #~cI'rY COMMISSION MEETING OF JANUARY 23, 1996
RESERVEB TEE TIME PROGRAM FOR HOTELS
DATE: January 19, 1996
ACTION
City Commission is requested to approve a request to revise the reserved tee time program for
hotel guests to eliminate restrictions.
BACKGROUNB
Two years ago, City Commission approved a policy change, requested by Mr. Dubin, to allow
reserved tee times for hotel guests. This approval contained restrictions. Mr. Dubin is now
requesting a change in policy that would remove most of the restrictions. Attached is a memo
request from Mr. Dubin that outlines the existing policy and the proposed policy. He is seeking
flexibility in the policy in order to adjust to market conditions. The policy would also apply to
Lakeview Golf Course.
RECOMMENDATION
Staff recommends approval of the policy change as requested with the condition that actions do
not have a negative impact on tee times reserved for residents.
RAB:kwg
File:u:graham/agenda
THE EFFORT ALWAYS MATTERS
Pr~nted on Recycled Paper
MEMO
DONALD ROSS, 1923
TO: Bob Barcinski -
FROM: Brahrn Dubin ~'
DATE: 1/13/96
RE: Delray Beach Golf Club Reserved Tee Time Program
At present, our tee time policy for hotels is as follows:
In Season (November 1 - April 30)
One tee time per hour reserved between 11:00 a.m. - 2:00 p.m., Monday, Tuesday,
Thursday, Friday.
Out of Season (May 1 - October 31)
One tee time per hour reserved between 7:00 a.m. - 4:00p.m., Monday, Tuesday,
Thursday, Friday.
POINTS
Hotels must be situated within City Limits
No one hotel may buy ail times
Advance registration fee is approximately 20% above non-resident rates
Only applicable to 18 hole play
Times may be reserved up to 12 months in advance
Reservations must be prepaid
RECOMMENDATION
We are recommending the following:
Remove "City Limit" restrictions
t2~ Allow "exceptions" based on amount of play, sound business practice and specific
situation
{~)Allow us to charge appropriate rote based on circumstances
We believe that there is a great opportunity for Delray Beach Golf Club to be a
catalyst to increase tourism for the City. of Delray Beach and Palm Beach County.
Dubin & Associates plans to use not only Delray Beach Golf Club, but aiso
Lakeview, Palm Beach Gardens Golf Club and Southwinds to attract tourists. We plan to
develop golf packages in conjunction with hotels and cruise lines to bring tourist dollars
to our County.
2200 Highland Avenue · Delray Beach, Florida 33445 · (407) 243-7385
~ Managed by Dubin & Associates ~
Page 2
Bob Barcinski
1/13/96
We believe that this will specifically benefit Delray Beach Golf Club and
Lakeview during our Off Season.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: A~ENDA ITEM # ~'~' - MEETING OF JANUARY 23. 1996
APPOINTMENT TO THE PLANNING AND ZONING BOARD
DATE: JANUARY 19, 1996
Robert L. Puzey has submitted his letter of resignation from the
Planning and Zoning Board, creating a vacancy for an unexpired term
ending August 31, 1997.
To qualify for appointment, a person shall either be a resident of
or own property in the city, and/or own a business within the city.
The list of applicants is attached for your review.
Pursuant to Commission direction, a check for code violations and
municipal liens has been conducted. There are none.
The appointment will be made by Mayor Lynch (Seat #5).
Recommend appointment of a member to the Planning and Zoning Board
to fill an unexpired term ending August 31, 1997.
ref:agmemo
The following individuals have submitted applications for
consideration:
Sandra Almy
Donald C. Allgrove
J. Kent Atherton
Scott Atkinson
John G. Baccari (currently serving on BOA)
Robin M. Bird (currently serving on BOA)
Ronald Brito (currently serving on BCA)
David I. Cohen
Frank Commisso
Helen Coopersmith
Peter E. Costello
Kenneth J. Damian
Anthony Damiano
Mark David
Gary Eliopoulos
Joe Farkas
Sharon Fowler
Bob Griek
Ruth Hauser
Henry Heller
Daniel Hess (currently serving on BCA)
Anne Hoctor
Barbara Holden
James A. Johnson
John-Michael Jones
Leo Koppman
(continued ...)
Harriet Lerman
Jon Levinson
Alberta McCarthy
Gall-Lee McDermott
P. Michael Manning
Arthur J. Menor
Steven Neubarth
Sandra Norton
Michael G. Park (currently serving on BOA)
Sylvia Pecaro
Janet Phipps
Michael Plum
Scott A. Reinhart
Benjamin Ricker
Sidney Soloway
Stanley Watsky
Robert L. Puzey
962 Tropic Blvd
Delray Beach, FL 33483
407-272-7078
January 8, 1996
Mr. David T. Harden, City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Dear Mr. Harden:
It is with deep regret that ! must resign for my appointment to the Planning and Zoning Board.
My resignation is effective January 23, 1996, the day after the regular January meeting of the
Board. The new appointee should have the opportunity to attend the town meeting January 30th.
It has been a real pleasure to be a resident of our All American City and to have been associated
with so many fine people. The time spent as a volunteer with the Delray Beach Playhouse, the
City government, and the Delray Beach Police has been very rewarding. There are so many
outstanding leaders in these contacts that to single out any one is not meant to slight others.
Diane Dominguez, Director of Planning and Zoning will be missed because of her organization
and the quiet manner she gets things done. Chief Overman, DBPD has to be the biggest success
the City has accomplished in several years. His department is loaded with outstanding officers
and the way they utilize and treat volunteers is "text-book". The City is fortunate right now to
have a commission that pulls together and whose members work so tirelessly for the community.
Hopefully that will continue.
We are moving out of this area in late January to Lake Placid, FL but we will have many fond
memories of your city.
Sincerely,
Robert L. Puzey
cc: Diane Dominguez ~ Jay Alperin
Robin M. Bird
1300 Cormorant Road; So.; Delray Beach, Florida 33444
~OM£ ADDRESS ~creec. City. Zip Code) (LE~A£ RESIDENCE)
100 Wes~ Atlantic Boulevardr Pompano Beach, Florida 33060
~OME ~ONE (407) 243-2447 BUS~NE$S FHONE (305) 786-4634
ON ~%LAT $OAADS ARE YOU I.FT£REST£D IN SERVING Hou~nq Authority.
Board of Adjustment, Site Plan Review & Appearnace Board,
Plannin~ & Zonin~ Board .
SERV~ (P:ease include daces)
None
EDUCATZON~ QU~ZFZCATZONS B.A. Social Science; r:orida Atlantic
Universit~ currentl~ undergoing graduate course work in
Urban Plannin~ and Public A~inistration
LIST ~ ~T~ PEOFE$SZO~ CE~TIFICATIONS ~ LICENSES ~:CH YOU HOLD
Me.er of ~erican Planninq Association~ also Florida Cha~ter
Florida Planning & Zoning Associa:ion [Broward Chapter
C%ty of Pompano Beach City Planner
DESC~Z~E ~:~C~S, S~ OH ~~E ~ZCH QU~ZFY YOU TO SE~v~ ON
capacity as a staff me.er. Have been employed as a City
Plannert and Zonin~ Official for the past 4j years.
: H~Y C~RT~ ~T ~L ~[ ~V[ STAT~S ~ T~U[,
~T~ ~T ~ HZSSTAT~ Of ~T~Z~ FACTS CO~AIN~ EM ~S ~PL~CA-
TZON ~Y CAUSE FO~EZ~ U~U ~ P~T OF ~ ~POZ~ : ~V
a/90
1JO0 Cormorant Road So.
Delray Beach, Florida J5444
(407) 245-2447
OBJECTIVE: To acquire a professional position at which my
education, ability and interest in urban growth
management may be applied.
EDUCATION: Bachelor of Arts 1988: FLORIDA ATLANTIC UNIVERSITY
Ma]orl Geography
PROFESSIONAL EMPLOYMENT:
Positionl Planner - I am responsible for review of
projects and implementation of the new Land
Development Regulations recently a~opted by
implementation of the 1990 Comprehensive
Plan. I prepare administrative reports for
the Planning and Zoning Board as well as
the Zoning Board of Appeals. I aide the
public as well as developers wit~
interpretation of the municipal code.
Length of Employment: 11/89 to present
Place of Employment: City of Pompano Beach
2700 West Atlantic Boulevard
Pompano Beach, Florida
55061
Annual Salary: $ 50851.60
Position~ Planner/Zoner - My duties included
administering the zoning code in the
Development Review Committee process of
major commercial~ industrial and multi-
family pro~ects. I reviewed all types of
building permit applications for zoning
approval. I also prepared the case work and
represented staff for all variances before
the Board of Adjustment. I was involved with
the development of the new land use
pegulations and update of the zoning code in
accordance with the state mandate of 1985.
Length of employmentl 1/89 to 11/89
Place of employment~ City of Coral Springs
9551 West Sample Road
Coral Springs, Fl 55065
Ending Salary~ $ 21,855
Position: Planning Research Assistant - My
responsibilities included site plan data
collection, mapping, and special project
studies in preparation for the Comprehensive
Plan update. I was also a primary author o~
the Future Land Use element of the 1989
Length of employment: 5/88 to 1/89
Place of employments City of Boca Raton
Community Development Dept.
201W. Palmetto Park Road
Ending Salary: $ 1~,890
Positionl SIS Summer Temporary Assietant - My duties
-included researc~ of land uses, zoning
special exceptions, and the updating of
county inventory maps.
Length of employment: 6/87 to 9/87
Place of employments Palm Beach County Planning Division
800 13th Street P.B.I.A.
West Palm Beach, Florida
Ending Salarys $ ~2~729
PROFESSIONAL MEMBERSHIPS
American Planning Association
Florida Chapter & Broward Chapter of the American Planning
Asloclation
Florida Planning & Zoning Association
PERSONS WHO CAN COMMENT ON MY CHARACTER AND RESPONSIBILITYI
Dr. R. Schultz Dr. D. Lee
Dept. Chairman Professor
8eography Department Seography Department
Florida Atlantic University Florida Atlantic University
SO0 NN 20th Street SO0 NN 20th Street
Boca Raton, FL 55451 Boca Raton, FL $54J1
(407) 595-5250 (407) 595-5250
Bill Nichols Lawrence Schleter
Operations Manager Entrepreneur
Gulfstream Bath & Tennis Clu~ The Factory
925 N. Ocean Blvd. 1454 Lantana Road
Delray Beach, FL 55444 Lantana~ FL 55462
(407) 272-2101 (407) 582-7777
~effery Evans Mark A. Selsa
Planner / Boca Raton Planner / Palm Beach County
201 Nest Palmetto Park Road 545 South Congress Avenue
Boca Raton, FL 55452 Delray Beach, FL 55444
(407) ~95-7957 (407) 276-1284
Bar~ara Bailey Peter DeNick
Sen~or Planner / Coral Springs Zoning Officer / Coral Springs
Coral Springs, FL 35065 Coral Springs, FL 55065
(505) 544-1155 (505) 544-1061
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~J~t
SUBJECT: AGENDA ITEM ~ ~'~wl'- MEETING OF JANUARY 23. 1996
APPOINTMENT TO THE BOARD OF ADJUSTMENT
DATE: JANUARY 19, 1996
With the appointment of Jess Sowards as a regular member on the
Board of Adjustment, a vacancy has been created for an alternate
member to fill an unexpired term ending August 31, 1997.
To qualify for appointment, a person shall either be a resident of
or own property in the city, and/or own a business within the city.
Pursuant to Commission direction, a check for code violations and
municipal liens has been conducted. There are none.
The following individuals have submitted applications for
consideration:
Donald Allgrove
Janet Baron
Richard Brautigan
David Cohen
Anne Hoctor
Leo Koppman
Janet Phipps
Benjamin Ricker
Nicole Sarlo
Sid Soloway
Leonard Syrop
The appointment will be made by Commissioner Alperin (Seat #2).
Recommend appointment of an alternate member to the Board of
Adjustment to fill an unexpired term ending August 31, 1997.
ref:agmemol
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
HO~ ~D~SS (Street, City, Zip Code) (LE~ ~SIDENCE)
PRINCIP~ BUSINESS (Street, City, Zip Code)~/~~7~O~'~J ~
ON ~T B0~S ~ YOU I~E~ST~ IN SERVING
'LIST ~L CI~ BO~S ON ~ICH YOU ~E ~~Y SERVING OR ~VE P~IOUSLY
SER~ (Please include ~a=es)
/
~UCATION~ QU~IFICATIONS
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES I~HICH YOU HOLD
GIVE YOUR PRESENT, OR I~OST RECENT EHPLOYER, AND POSITION
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE %flilCH qUALIFY YOU TO SERVE ON I'HIS
BOARD
PLEASE ATTACH A BRIEF RESUHE.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEHENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY HISSTATEHENT OF HATERIAL FACTS CONTAINED IN THIS APPLICA-
TION HAY CAUSE FORFEITURE UPON HY PART OF ANY APPOI~ I HAY RECEIVE.
4/90
JANET E. BARON
127 SE 7th Avenue, #2
Delray Beach, Florida 33483
(407) 279-0931 {h)
To secure a position using my broad range of administrative skills with a
stable organization.
SUMMARY OF QUALIFICATIONS
10 years experience as an Executive Assistant organizing and supervising
office staff, working with Word Perfect, Wang WP Plus, Microsoft Word,
Lotus 1-2-3, Telex, dictaphone, and all office machines. Typing 65 WPM.
PROFESSIONAL EXPERIENCE
Presently: MERRILL LYNCH TRUST COMPANY., Boca Raton, FL
Assistant to Regional Trust Uaison and Vice President of Trust Dept.
Administrative support and heavy client contact. All record keeping
and correspondence with both clients and prospective clients.
February, 1993
to March 1994 GEMINI FINANCIAL HOLDINGS, INC., Boston, MA and Boca Raton
Position: Executive Administration
Responsibilities: Office manager end secretarial support for Senior
Vice President in the Boston office and secretarial support for the
President of Equities portion of the company in Boca Raton.
Coordinated all travel arrangements for traveling executives.
(' WordPerfect 5.1 and Lotus WISYWIG.
April, 1990
November 1992 THE COPLEY GROUP, Boston, MA
Position: Secretary to the President, Office Manager, Health
Insurance Administration
Responsibilities: Total operation of office, hiring end sL~pervising of
office support personnel, maintaining personnel records for 30
employees, preparing and monitoring agenda for executive staff
meetings, purchasing major office equipment and all supplies, acting
as liaison between president, controller, and clients, coordinating daily
schedules, travel arrangements, advertising, health/dental insurance
administration.
WANG WP Plus.
August, 1986 to
January, 1990 ASHWORTH MORTGAGE CORP., Newton, MA
Position: Executive Assistant, Office Manager
Responsible for: Total operation of office, supervision of office
personnel, liaison between president and clients, coordination of
advertising efforts, press releases, etc., keeping inventory and
purchasing office supplies, maintaining accounts receivable/payable
for three related companies, preparing monthly budgets,
commissions, and travel reports, handling personal and financial
matters for president, secretarial support for president, scheduling
appointments and making all travel arrangements for executives,
telephone coverage for 14 incoming lines.
Lotus 1-2-3 and Word Perfect 5.1.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: AGENDA ITEM ~ ~'~' - MEETING OF JANUARY 23, ~996
APPOINTMENT TO THE CODE ENFORCEMENT BOARD
DATE: JANUARY 19, 1996
With the appointment of David Henninger as a regular member on the
Code Enforcement Board, a vacancy has been created for an alternate
member (layperson category). The term is for three years, ending
January 13, 1999.
Members of the Code Enforcement Board must be residents of the
city. Appointments to both regular and alternate positions shall
be made on the basis of experience or interest in the fields of
zoning and building control.
Pursuant to Commission direction, a check for code violations and
municipal liens has been conducted. There are none.
The following individuals have submitted applications for
consideration:
Martin Bellsey
Richard Brautigan
David Cohen
Barbara Holden
Sidney Soloway
Anthony Veltri
Stanley Watsky
The appointment will be made by Commissioner Alperin (Seat #2).
Recommend appointment of an alternate member (layperson) to the
Code Enforcement Board for a three year term ending January 13,
1999.
ref:agmemo2
CITY OF DELRAY BEACH
BOARD HEHBER APPLICATION
Barbara Holden
NAHE
935 Hyacinth Drive, Delra¥ Beach, FL 33483
HOME ADDRESS (Street, City, Zip Code). (LEGAL RESIDENCE)
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE 407-276-2902 BUSINESS PHONE
ON t~HAT BOARDS ARE YOU INTERESTED IN SERVING Plannin~ and Zonin£
Code Enforcement Board
LIST ALL CITY BOARDS ON ~%tlCH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
none
EDUCATIONAL QUALIFICATIONS co~le~9: University nq H{nh~E=n
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WRICH QUALIFY YOU TO SERVE ON T~IS
BOARD
Code enforcer for Tropic Isle
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FOP. FEITU~E UPON MY PART OF ANY APPOINTMENT I MAY KECEIVE.
SIGNATURE DATE
4/90
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ,~
SUBJECT: AGENDA ITEM # ~'0' - MEETING OF JANUARY 23, 1996
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: JANUARY 19, 1996
Attached is the Report of Appealable Land Use Items for the
period January 8 through January 19, 1996. It informs the
Commission of the various land use actions taken by the
designated boards which may be appealed by the City Commission.
With respect to the Site Plan Review and Appearance Board
approvals for the Gleason Street Townhomes, I recommend that the
Commission give further consideration to eliminating the sidewalk
along Greason Street.
Recommend review of appealable actions for the period stated;
receive and file the report as appropriate.
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: MIN
DEPARTMENT OF PLANNING A/ND ZONING
/
SUBJECT: MEETING OF JANUARY 23, 1996 * CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS JANUARY
8. 1996 THRU JANUARY 19. 1996
ACTION REQUESTED OF THE COMMISSION:
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 8, 1996, through January 23, 1996.
BACKGROUND
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 January 23, 1996
Page 2
PLANNING AND ZONING BOARD
No Regular meeting was held during this period.
SITE pLAN REVIEW AND APPEARANCE BOARD MEETING OF
JANUARY 10. 1996
A. Denied (5 to 0), the request to delete a previous condition of approval
which required Bermuda shutters along the north and south elevations
of The Palm House, a townhouse structure located at the southeast
corner of Avenue "C" and Florida Boulevard.
B. Approved (5 to 0) with conditions, the site plan, landscape plan and
architectural elevation plan for Gleason Street Townhomes, a
proposed three unit townhouse development adjacent to an existing
duplex located on the west side of Gleason Street, south of Ocean
Terrace. Concurrently, the Board approved the following waivers:
· A reduction in the parking requirement from 12 spaces to 10
spaces;
· Eliminated the sidewalk requirement along Gleason Street; and,
· A reduction in the right-of-way width from 60 feet to 50 feet.
HISTORIC PRESERVATION BOARD
No Regular meeting was held during this period.
RECOMMENDED ACTION.
By motion, receive and file this report.
Attachment: Location Map
LOCATION MAP FOR
CITY COMMISSION MEETING
OF JANUARY 2,.3, 1996
__
~. ........... , , ~ / ~//~
I ~ ~~
· ...... ~ ~1~
"-'I t ..................... ; ~]~ ~
r ....
'
i LINTON B~LEVARD
~-" i
! i ~ '' '
~ .. ~
L-38 C~AL C-15 C~ ~
S.~.R.~.B.:
CI~ LIMITS
A, - TH[ P~M HOUSE
B. - GL~ON STREET TOWN HOMES
MILE
, I
S~E
N
CIW OF DEL~Y B~H, FL
P~NING DEP~ME~
CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - JANUARY 23. 1996 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CMAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
9.P. CONTRACT ADDITION FOR MANSARD ROOF REPLACEMENT AT FIRE
STATION NO. 4 Consider contract addition in the amount
of $24,030.27 and 21 additional calendar days to the
contract with RPM General Contractors, Inc. for replace-
ment of th~wood shingle mansard roof with an asphalt
shingle roof a~Fire Station No. 4.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # - MEETING OF JANUARY 23. 1996
CONTRACT ADDITION FOR MANSARD ROOF AT FIRE STATION #4
DATE: JANUARY 23, 1996
This is before the Commission to consider a contract addition with
RPM General Contractors, Inc. for additional roof work on Fire
Station #4 (Lake Ida Road). During the course of the remodeling
and addition work, RPM found a great deal of rot in the mansard.
It is recommended that the existing cedar shake shingles be
removed, the mansard repaired and reroofed with fungus resistant
asphalt shingles.
The contractor has submitted a proposal to do this additional work
for $24,030.27 and a 21 day extension to the contract period.
Funding is available from Decade of Interest interest earnings
(Account #228-0000-361-10.00.
Recommend consideration of a contract addition in the amount of
$24,030.27 and a 21 day contract extension with RPM General
Contractors for roof work on Fire Station #4.
ref:agmemo9
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager
From: Jos6 Aguila(~
ConstructioffManager
Date: January 23, 1996
Subject: Fire Station #4, Shingle Roof
Proiect No. 93-62
Following our discussion of January 17, 1996, regarding the removal of all existing wood
shakes at Fire Station #4, I met with the general contractor to review scope of work and
requested a cost for providing asphalt shingles throughout.
Attached is a proposal request from the contractor detailing all the cost associated with
this work. The bottom line is an add of $24,030.27, plus a request for an additional 21
days in contract period. The current contract period will expire on February 5, 1996.
Should we agree to the extension, the new contract period, for this item only, will be
February 26, 1996. I say this item only because there are other items under consideration
which could necessitate additional time.
Additionally, there are unit cost for rotten wood replacement and rotten truss replacement
which will be used if additional areas are identified. The unit cost are as follows:
Plywood sheathing $3.00/LF
Rafter runs $4.00/LF
Truss replacement $268.00 Each
Please let me know how you want me to proceed.
cc: File 93-62 (A)
esd\9362~addshing
.01/23/1996 i3:i3 3057854070 RPN GENERAL CONT, PAGE 02
GENERAL CONTRACTOR
R P. M o..,.^. ,. ,.c.
415 N,E. 28th COURT, SUITE 200 (305) 785-8g00
POMPANO BEACH, FL 33064 FAX (305) 785-4070
PROJECT DELRAY BEACH F.$~ # 4 PROPOSAL REQUEST oo2
LAKE IDA RD
OEU~AY BEACH. Ft.
DATE
OWNER DELRAY BI~CH
WORK SHEET
REIdOV~ EXIS'rlNG ROOP N~O REPLACE AS PER ARCHITECT PR # 2
$ TOTAL
SQUIPMENT
6AWZALL 3 DAy '1o,00 M.oo
TRI.~S ANCHO 14 EA $.~O 2'1.00
,'i'rRAPES 14 BA o.e~ 8,82
P.T. 2)( ~oD I.F O.M
Soppn' VENTS 8 aA 2,?S 22.00
SCAFFOLD ~ WEEK 1.~o
SUO 'rOTAL t010.M
2 LABOI~ HRS RAT~ ' ~,O?~
PORMAN 12.00 ~,2~.32 3'lB.IIO
C;s-NPENTRR 18.00 S21.81
LAOOq 24.OO 15.04 361.01
E~rnMATION 1.00 S32.B'1 32.81
INSTALL. NEW TNUISIS
FORW 12.00 L-M.32 31S.e8
GARPENI'EIq 3~1,00 ~2'1.11 765,19
LAseR ~S.~O 1~.O~
3 DUMP~I'ER 20.00 CY 2.2,S0 4~0.00
3.00S.62
0Mdt~'s Poe 0.1~
4 ~JBCONTRAGTOf~6
N.~PHAI.TSHINGLES 1 ~iooo.oo
STUCCO
~, 114.47
SubTotat 2~,0~0,27
Cn~it For Brae Bke Cedar 8h~l,.# (1,00O.00)
TOTAL CHANC-~ ORDER 24.0clK).27
Commercial and Medical · Construction Management · Planning and Design
P.02
273 N.W. 1st Street
Southern Coast Enterprises, Inc. (§54)Deerfi'ld42S.33,=El'ach'! 800-585-$132Fl°rid' 33441
Fax: (954) 426-$430
COMMERCIAL & RESIDENTIAL * STATE LICENSED & INSURED
ST. LIC. #CCC050451
RPM CONTRACTING 785-8900/785-4070F JANUARY 22, 1996
STREET JOB NAM~
4 ] 5 NE 28Tl'l COURT FIRE STATION #4
CITY, STATE Al'ID ZIP CODE JOB LDCATION
POMPANO BEACH, FI,. 33064 LAKE I_D_A..RD.: DELR__A,~i.B_EACtt,,F_I,. ......
1. REMOVE EXISTING CEDAR SHAKE SHINGLES FROM MANSARD,
2. RENAIL SHEATHING TO NEW CODE.
3, REPI,ACE ROTTEN SHEATH[NO $3.00 PER LINEAL FOOT FOR PLYWOOD, $4.00 PER
LINEAL [tOOT FOR RAFTER RUNS.
,, 4. 'DRY IN ROOF WITH 30# FEI,T TIN CAPPED TO SHEATHING.
5. INSTALL NEW 26 GAUGE GALVANIZED FLASHING WHERE REQUIRED.
6. FURNISH AND INSTALL NEW FUNGUS RESISTANT 3 TAB SHINGLES OVER 30#.
7. t~tJ~'iMOVE, ALL, JOB RELATED DEBRIS.
CONTRACT PRICE ............... $12,500.00
l. REMOVE APPROXIMATELY Y PERI'METER OF FLAT ROOF MEMBRANE AROUND
F. DGE OF MANSARD. DRY 1N WITH NEW BASF., SHEET AND 3 PLY B.U.R.R. OOF1NG,
iNSTALI, NEW FLASltlNGS AROUND MANSARD PERIMETER AND TIE INTO
EXISTING FLAT ROOFING.
CONTRACT PRICE ................ $5,500.00
NOTE: IF ABOVE PROPOSAL IS ELECTED A CKEDIT OF $1,000.00 WILl, BE DEDUCTED
FROM THE ORIGINAL CONTRACT PRICE.
Any unpaid balance shall bear Interest at 1.5% per month after 30 days from due date, In the event it shatl be
necessary to employ an attorney to collect any sum of money due hereunder, Owner or Builder agrees to pay all costs of
collection including a reasonable attorney's fee. All invOiCeS are payable C.O.D.
We assume no responsibitity for damage caused by act of God, or any act beyond our control.
Tho terms and conditions printed on the back hereof, are reterred to and made a part of this proposal,
Accepted by Buyer SOUTltERN COAST ENTERPRISES, INC.
this day of 199
- v - -- ~$ AUYHORIZ'-EE3 RE-PRESeNT^Ti ~._~p~ ....
WORLD PEACE iNTERNATIONAL,
~04.~ E. ,\TLANT'.C AVENUE SUIT~ .~ 4
!::~ ,- r"' FL
D__RAY 3:/\,.~H. BB483
January 23, 1996
Mayor Thomas Lynch
City of De]ray Beach
100 NW 1st Avenue
Delray Beach, FL 33444 ..
Dear Tom:
It was a pleasure talking with you today. I appreciate your enthrmiasm about
this opportunity and the benefits to all involved. We look forward to your
persorml participation in dedicating the Peace Pole and speaking at the
February 3 event.
This event lives up to and enhances Del.ray Beach's status as an "All
American City."
We are World Peace International, a growing non-profit educational
organization which is a catalyst and forum that brings people together to
inspire and ignite the power of peace and love that is in us all. Our
international headquarters are here in Delray Beach.
The World Peace Prayer Society, a world renown peace organization founded
in Iapan in 1955, with International headquarters in New York City, has
chosen to support World Peace International and it's efforts with the
selecti.on of Delray Beach as a site for one of the 700 new plantings across
North America and Canada this year.
The Prayer Society will be in De]ray Beach February 3, 1996 with a
representative from Japan, and has requested a Peace Pole planting
ceremony at 3:00 pm. This is a great honor for the City of Deltay Beach and
we welcome the City's participation and support. In particular we are
requesting the following:
1. Permission to plant the Peace Pole in Delray Ray Beach at the
location of A1A and Atlantic Avenue.
2. Permission to host a mini-event, approxim, ately 3 hours in
length which will include peace related music, speakers,
vendors and the Peace Pole Planting Ceremony. ( Set up aprox.
9 am- 1.2 noon; event 1-4 pm)
3. City of Delray Beach's endorsement of this event.
The Benefits to the City of Delray Beach include:
1. Confirmation of the City's status as an "All American City".
2. Extensive media coverage ,,,
3. A unique family and community activity
4. Affirms the City's commitment to peace in the community as
well as in the world.
We appreciate your willingness to expedite this proposal and look forward to
working with you on this exciting project.
President
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~ /~O./~% MEETING OF JANUARY 23. 1996
SECOND READING & PUBLIC HEARING FOR ORDINANCE NO. 2-96
(REZONING THE MILLER DODGE PROPERTY ON NORTH FEDERAL
DATE: JANUARY 12, 1996
This is second reading and public hearing (quasi-judicial) for
Ordinance No. 2-96 which rezones the old Miller Dodge property at
1900 North Federal Highway from AC (Automotive Commercial) to SAD
(Special Activities District). As required for SAD zoning, the
ordinance provides for the uses which would be allowed on the site
as well as for certain landscape and site improvements.
In this instance, the SAD zoning is proposed for a specified time
period of three years. The applicants would like to maintain as
much flexibility as possible for the future development of the
property, having it available for retail and commercial purposes as
well as auto related uses. The intent is to have a permanent
tenant established on the property within the three year time
frame, after which an application will be submitted to rezone the
site to the most appropriate standard zoning classification. This
time frame will also allow for the adoption and implementation of
the North Federal Highway redevelopment plan which is intended to
stimulate interest in the corridor.
The Planning and Zoning Board considered this item at public
hearing on December 19, 1995, and voted 4 to 0 to recommend that
the SAD zoning be approved. At first reading on January 9th, the
Commission passed the ordinance by a vote of 4 to 0. At the same
time, Commission approved a waiver to the 15 ft. perimeter setback
requirement on the south side of the property due to encroachment
of existing buildings.
Recommend approval of Ordinance No. 2-96 on second and final
reading, based upon positive findings with respect to Section 3.1.1
(Required Findings), Section 3.3.2 (Standards for Rezoning
Actions), and Section 2.4.5(D)(5)(c) of the Land Development
Regulations, and policies of the Comprehensive Plan.
ref: agmemol 1 ~LO~
ORDINANCE NO. 2-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED AC (AUTOMOTIVE COMMERCIAL) DISTRICT
IN THE SAD (SPECIAL ACTIVITIES DISTRICT); SAID LAND
BEING COMMONLY KNOWN AS THE MILLER DODGE PROPERTY
LOCATED AT 1900 NORTH FEDERAL HIGHWAY, AS MORE
PARTICULARLY DESCRIBED HEREIN; ESTABLISHING THE USES
ALLOWED FOR THE SUBJECT PROPERTY UNDER THE SAD
ZONING; GRANTING SITE PLAN APPROVAL WITH CERTAIN
CONDITIONS; PROVIDING FOR AN EXPIRATION DATE OF THE
SPECIAL ACTIVITIES DISTRICT ZONING CLASSIFICATION;
AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA,
1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 2.4.5(D), the Planning and
Zoning Board reviewed the subject matter at public hearing on December
19, 1995, and voted 4 to 0 to recommend that the request be approved,
subject to conditions; 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:
~ That the following described property in the
City of Delray Beach, Florida, is hereby zoned and established in the
SAD (Special Activities District) as defined in Section 4.4.25 of the
Land Development Regulations of the City of Delray Beach, to-wit:
Begin at the intersection of the North line of Lot 38
of Model Land Company Subdivision of Section 9,
Township 46 South, Range 43 East, and the East
right-of-way line of Old Dixie Highway, said point of
intersection being 30 feet Easterly, measured at
right angles, from the East 50 foot right-of-way line
of the Florida East Coast Railroad, being the POINT
OF BEGINNING; thence Southerly, along the East
right-of-way line of Old Dixie Highway, a distance of
326.61 feet; thence in an Easterly direction and
parallel to the South line of Lot 38, a distance of
231.05 feet, more or less, to the West right-of-way
line of U.S. Highway #1 (State Road #5); thence in a
Northerly direction, along said West right-of-way
line, a distance of 327.16 feet, more or less, to the
said North line of Lot 38; thence in a Westerly
direction along the North line of said Lot 38, a
distance of 231.20 feet, more or less, to the POINT
OF BEGINNING; said tract being in Palm Beach County,
Florida.
The subject property is located at 1900 North Federal
Highway; containing 1.72 acres, more or less.
Section 2. That the uses allowed for the subject property
described in Section 1, above, pursuant to Section 4.4.25(B) of the
Land Development Regulations of the City of Delray Beach, Florida,
shall be as follows:
(1) Ail uses listed as Principal, Conditional, or
Accessory Uses within the GC (General
Commercial) zoning district regulations;
(2) All uses listed as Principal, Conditional, or
Accessory Uses within the AC (Automotive
Commercial) zoning district regulations, except
that the sale of used vehicles is limited as
follows:
* As an accessory use to an on-site new car
dealership; or
* As a used car dealership specializing in
rare or classic vehicles.
(3) Ail uses listed as Conditional Uses must be
approved pursuant to LDR Section 2.4.5(E),
"Establishment of Conditional Use"
~ That the development of and improvements to the
subject property described in Section 1, above, shall be as follows:
(1) Within sixty (60) days of adoption of the
ordinance establishing the SAD zoning on the
subject property all semi-trailers and storage
containers are to be removed from the premises.
(2) Within one hundred twenty (120) days of adoption
of the ordinance establishing the SAD zoning on
theshall subject be made: property, the following improvements
- 2 - Ord. No. 2-96
* Installation of perimeter landscaping on the
east and west borders of the property as
provided for in the attached plan;
* Upgrades to the existing buildings on site to
include plumbing, electrical, and roofing
repairs, re-stucco and paint the exteriors,
install handicap parking and access, upgrade
all site lighting.
(3) Establishment of a patio furniture showroom, or
the establishment of any use other than accessory
uses to DeeCar Patio, will require the
installation of site improvements in accordance
with an approved site plan which will at a minimum
provide for the installation of parking areas in
accordance with City codes and standards.
(4) Establishment of any Automotive Commercial use is
subject to the minimum dimensions provided in
Section 4.4.10(F)(2), the Supplemental District
Regulations provided in Section 4.4.10(G), and the
Special Regulations provided in Section 4.4.10(H)
of the Land Development Regulations.
(5) Modifications to the approved landscape plan, as
well as all new site plans and future
modifications, shall be approved by the Site Plan
Review and Appearance Board.
~ It is the intent of this ordinance that the SAD
zoning be applied on an interim basis to allow the site to be marketed
for a broader range of uses than is permitted under the AC (Automotive
Commercial) or GC (General Commercial) zoning districts alone.
Therefore, unless an extension is granted by the City Commission, this
ordinance will expire three (3) years after the date of its adoption.
Prior to its expiration, the property owner(s), at their own expense,
are to make application to the City to change the zoning to a standard
classification such as AC (Automotive Commercial) or GC (General
Commercial).
~ That the Planning Director of said City shall,
upon the effective date of this ordinance, ~mend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
Section ! hereof.
- 3 - Ord. No. 2-96
~ 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 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 8. 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 23rd day of January , 1996.
ATTEST:
/City ClArk '
First Reading January 9, 1996
Second Reading January 23, 1996
!'i - 4 - Ord. No. 2-96
R-l-AA
BORTON
VOLVO
22ND w SI'R.
K.F',C.
DELRA Y
SWAP SHOP
N.E. 20TH
STREET
RM
N.E. 17
PALM BLVD. M.S.A.
N. E, 16TH
AVE.
15TH 'i
LAKE A~NUE N.
AV[NUE
14TH
LAKE AV1[NUE S.
N
~ REZONING
PLANNING DEPARI~£NT
OTY OF' O~LRAY BEACH, FL
-- DICffAL ,BASE ,MAP SYSTEM --
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
FROM: R
DEPARTMENT OF PLANNINC~AND ZONING
SUBJECT: MEETING OF JANUARY 9, 1995
CHANGE OF ZONING FROM AC (AUTOMOTIVE COMMERCIAL)
TO SAD (SPECIAL ACTIVITIES DISTRICT) FOR THE MILLER DODGE
PROPERTY ON NORTH FEDERAL HIGHWAY
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval of a change of zoning
pursuant to LDR Section 2.4.5(D). The subject property is located at 1900 North
Federal Highway. The requested change is from AC to an SAD designation that
would permit a combination of uses allowed in the AC and GC zoning districts.
BACKGROUND:
The property has been in a vacant and blighted condition since the late 1980's. The
owners of the adjacent property to the north (DeeCar Patio Furniture) have contracted
to buy the site, in order to expand their business onto a portion of it. They intend to
market the remainder of the site to other businesses.
The site is currently zoned AC, and would require a change to GC (General
Commercial) for the patio furniture use. However, the owners also want to maintain the
ability to market the site for potential automotive uses. The proposed SAD would allow
the establishment of uses that are allowed in both the GC and AC zoning districts, with
some modification. It would be applied for a period of three years, at which time the
owners would need to apply for a standard zoning designation such as AC or GC.
A requirement of the SAD would be to make the landscape and site improvements as
indicated on the attached site plan and as described within the ordinance. These
include the installation of landscape buffers along Dixie and Federal Highways, and the
upgrading of the existing buildings. It was noted that a waiver to the 15' perimeter
setback requirement is necessary due to the encroachment of existing buildings on the
south side of the property. The attached ordinance provides a more detailed
description of the uses and development standards that would apply to this SAD.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board Considered this item at its meeting of December 19,
1995. There was no public testimony regarding the rezoning, however, the Board was
notified that several property owners in the North Federal area had phoned the
Planning Department expressing their support for the planned improvements. The
Board voted unanimously (4-0) to recommend approval of the change to SAD, subject
to clarification of language regarding allowable conditional uses.
RECOMMENDED ACTION:
o By motion, approve the waiver to the required 15' perimeter setback for
the south property line.
o By motion, approve the rezoning of the Miller Dodge property from AC to
SAD, based upon positive findings with respect to LDR Section 3.1.1,
Required Findings, Section 3.3.2, Standards for Rezoning Actions, and
Section 2.4.5(D)(5)(c), Valid Reason for Rezoning, and policies of the
Comprehensive Plan.
Attachments:
· P & Z Board Staff Report
· Ordinance by Others
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: December 19, 1995
AGENDA ITEM: V.F.
ITEM: Rezoning from AC (Automotive Commercial) to SAD (Special Activity
District)-to accommodate a combination of general commercial and
automotive uses, located on the west side of N. Federal Highway,
approximately 3,000 feet south of Gulfstream Boulevard.
GENERAL DATA:
Owner ................................ Wendell H. Miller
Miller Associates
Agent ................................. Pat Carbone
Dee Car Patio Shops
Location ............................ West side of N. Federal Highway,
approximately 3,000 feet s,outh of
Gulfstream Boulevard.
Property Size ..................... 1.72 Acres
Future Land Use Map ....... General Commercial
Current Zoning .................. AC (Automotive Commercial)
Proposed Zoning ............... SAD (Special Activity District)
Adjacent Zoning ...... North: GC (General Commercial)
East: RM (Medium Density Residential)
South: GC
West: RM
Existing Land Use ..... , ...... Vacant former automobile
dealership.
Proposed Land Use .......... Rezoning from AC (Automotive
Commercial) to SAD (Special
Activity District) to accommodate
a combination of general
commercial automotive uses
Water Service ................... Existing 12"-water main in
Federal Highway.
Sewer Service ................... Existing 8" sewer main in Dixie
Highway.
V.F.
The action before the Board is making a recommendation on a rezoning request
from AC (Automotive Commercial) to SAD (Special Activities District) for the old
Miller Dodge property.
The subject property is located at 1900 North Federal Highway, between North
Federal Highway and Dixie Highway immediately north of the Arrow Trailer Park.
Pursuant to Section 2.2.2(E), the Local Planning Agency shall review and make
a recommendation to the City Commission with respect to rezoning of any
property within the City.
The subject property consists of two unplatted parcels bordered on the west by
Dixie Highway and on the east by Federal Highway. Prior to 1985, an
automobile dealership (Miller Dodge) occupied the site, which was located
partially in the City and partially in unicoprporated Palm Beach County. The use
was nonconforming under the City's GC (General Commercial) zoning district.
In early 1985, the unincorporated portion of the propery was annexed into the
City and the entire site was rezoned to SC (Specialized Commercial). In
December of 1988, Miller Dodge vacated the premises, and the buildings have
since remained vacant.
In April of 1991 conditional use approval was granted for the establishment of an
auto repair facility (JBA Motorcars, Inc.). This facility was a full service vehicle
repair operation that would specialize in the modification of foreign cars_t_o meet
U.S. emissions standards. In April of 1992, SPRAB approved a site plan for the
facility, which proposed facade alterations and the installation of a new parking
lot and associated landscaping. The site plan approval was subject to a number
of conditions, two of which (dedication of 10' along Dixie Highway and the
requirement to install Type "D" curbing around landscaped areas) were
appealed to the City Commission by the applicant. The City Commission voted
to deny the appeal. The owner of JBA Motorcars, who had a contract to
purchase the property, proceeded with the renovation of the structures. A
dispute arose with the property owner, and the contract was terminated. The
site was left in a blighted condition, and has remained that way ever since.
P&Z Staff Report
Rezoning from AC to SAD for the Miller Dodge Properly
Page 2
The development proposal is to rezone the Miller Dodge property from AC
(Automotive Commercial) to SAD (Special Activities District), for a specified time
period. The property is under contract to the owners to the north, who operate a
patio furniture sales and refinishing operation. They plan to redevelop the site
either by extending their existing building south onto the subject property, or
building a new retail/commercial center. However, their immediate objective is to
expand the refinishing aspects of their existing business into the buildings on the
Miller Dodge property. The property is currently zoned for automotive uses,
including new and used car sales, automotive repair, etc. In order to expand the
patio business onto the site, a rezoning to GC is required. However, as currently
proposed, that business would occupy only a portion of the property. The
remainder of the site will be marketed to other tenants. The applicants would
like to maintain as much flexibility in the future development of the property,
having it available for retail and commercial purposes, as well as auto related
uses. There are no zoning districts that permit that range of uses, therefore, the
SAD zoning is being requested.
As proposed, the SAD will allow all of the uses permitted in both the GC and AC
zoning districts, with certain limitations on the sale of used cars. A sketch plan
accompanies the submission, which provides for the initial improvements that
are to be made to the site. The SAD is proposed as a temporary zoning, until
such time that a permanent tenant is established on the property, for a maximum
of three (3) years. This time frame will also allow for the adoption and
implementation of the North Federal Highway plan, which is intended to
stimulate interest in the corridor. The attached exhibit provides the details of the
proposed SAD ordinance.
REQUIRED FINDINGS: {Chapter 3):
Pursuant to Section 3.1.1 {Required Findings), prior to the approval
of development applications, certain findings must be made in a
form 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.
P&Z Staff Report
Rezoning from AC to SAD for the Miller Dodge Property
Page 3
Future Land Use Map: The use or structures must be allowed in the zoning
district and the zoning district must be consistent with the land use
designation.
The current Future Land Use Map designation for the subject property is
General Commercial. The requested zoning change is to an SAD
designation that will allow uses as permitted in the AC and GC zoning
districts, both of which are consistent with the General Commercial Future.
Land Use designation. Based upon the above, positive findings can be
made with respect to this section.
Concurrency: Facilities which are provided by, or through, the City shall
be pr_o_¥ided to new development concurrent with issuance of a Certificate
of Occupancy. These facilities shall be provided pursuant to levels of
service established within the Comprehensive Plan.
Streets and Traffic:
With all rezoning requests, traffic inform, ation is required which addresses the
development of the property under reasonable intensity pursuant to the existing
and proposed rezoning. The existing and proposed zonings are of similar
intensity, therefore a potential increase in traffic is not anticipated to result from
the rezoning action itself. Additional traffic information will be required when a
specific development proposal for the property is submitted.
Water/Sewer:
The proposed development will accommodate uses of similar intensity to
currently approved uses and is anticipated to have similar water consumption
and sewer generation rates. Water service is available from an existing 12"
main along Federal Highway; sewer service can be obtained by connecting to an
existing 8" main that runs along Dixie Highway.
Parks and Recreation:
Park dedication requirements apply to residential uses and therefore do not
apply to the existing AC zoning districts or the proposed SAD zoning district.
Solid Waste:
The zoning change is to a category of similar intensity and therefore is
anticipated to create similar solid waste generation. Solid Waste Authority
indicates in its annual report that the established level of service standards for
solid waste will be met for all developments which have been accounted for in
their Comprehensive Plan.
P&Z Staff Report
Rezoning from AC to SAD for the Miller Dodge Property
Page 4
Consistency: Compliance with the performance standards set forth in
Section 3.3.2 (Standards for Rezoning Actions) along with required
findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon
which a finding of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in the
making of a finding of overall consistency.
Section 3.3.2 (Standards for Rezoninq Actions): The applicable
performance standards of Section 3.3.2 and other policies which apply are
as follows:
D) That the rezoning shall result in allowing land uses which are
deemed compatible with adjacent and nearby land uses both
existing and proposed; or that if an incompatibility may occur, that
sufficient regulations exist to propedy mitigate adverse impacts
from the new use.
The property is bordered by the following zoning designations and uses:
Direction Zoning Uses
North GC Dee-Car Patio Furniture
West CF and RM Vacant site for future water
. storage tank; duplexes
South GC Arrow Trailer Park
East RM Vacant; approved for townhouses
There are no compatibility concerns noted with the surrounding uses. The
combination GC/AC allowed uses are similar in intensity to other uses_in this
section of North Federal Highway. Rezoning the site to allow for its
redevelopment will enhance adjacent uses.
Section 2.4.5(D)(5)(Rezonin~ FindinGs):
Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions
of Section 3.1.1, the City Commission must make a finding that the
rezoning fulfills one of the reasons for which the rezoning change is
being sought. These reasons include the following:
a. That the zoning had previously been changed, or was
originally established, in error;
P&Z Staff Report
Rezoning from AC to SAD for the Miller Dodge Property
Page 5
b. That there has been a change in circumstances which make
the current zoning inappropriate;
c. That the requested zoning is of similar intensity as allowed
under the Future Land Use Map and that it is more a~)~)ror)riate
for the property based upon circumstances particular to the
site and/or neighborhood.
The applicant submitted a justification statement as a part of the rezoning
application. The statement indicates that the applicable reason is "c". The
justification statement is provided below:
"The applicant is requesting a change in the zoning of this property from
(AC) to (SAD) with (GC) and (AC) designations. This request is of similar
intensity as allowed under the Future Land Use Map and it is more
appropriate for the property based upon circumstances particular to the
site and the neighborhood. The subject parcel has been vacant in excess
of five years and has several deteriorated buildings on it. The requested
zoning would promote redevelopment of the North Federal Highway
corridor by providing commercial and general retail uses which are more
compatible with and will directly benefit the surrounding neighborhood.
The current AC zoning given the size of the parcel is too limiting to allow
for development of the parcel.'
The existing AC zoning allows for a wide range of automotive related uses,
including sales, rental and .repair. The added uses that will be allowed through
the application of the SAD will include retail, service, and office type uses. All of
these uses are typical of others in this corridor, and are appropriate given the
General Commercial land use designation and the surrounding uses. The
reason for providing this level of flexibility is to encourage the redevelo~r~ent of
an extremely blighted site.
A review of the objectives and policies of the adopted Comprehensive Plan
was conducted and the following was found:
Future Land Use Element Policy C-1.6, in summary (see attached copy for
complete policy), designates the North Federal Highway Corridor as a
blighted area. It calls for the preparation of a corridor improvement
program that will, among other objectives, promote the improved
appearance of the area, provide for economic stimulation and investment
in the area, and identify appropriate uses for parcels adjacent to Dixie
Highway and the FEC railroad tracks.
P&Z Staff Report
Rezoning from AC to SAD for the Miller Dodge Property
Page 6
The Miller Dodge property is one of the most blighted properties in the North
Federal area. Rezoning it to SAD on a temporary basis in order to stimulate
private investment in upgrading its appearance is consistent with the above
referenced policy, which was adopted with Comprehensive Plan Amendment 95-
2. Preparation of the corridor plan described in the policy is underway. One of
the main elements of that plan will be to provide flexibility for the use of sites
adjacent to Dixie Highway, in order to encourage investment in and
redevelopment of the corridor. Upgrading of the Miller Dodge property will go a
long way toward achieving that objective.
OTHER ISSUES
Site Pi~.~ Requirement:
Pursuant to LDR Section 4.4.25, SAD Review and Approval Process, all SADs
are to be accompanied by a full site plan for the development of the property,
including preliminary engineering and .landscape plans. At this time the
applicants are unsure of the ultimate use and development of the property. In
lieu of a full site plan, they have submitted a landscape plan for the east and
west perimeters of the property, as well as a description of planned building
improvements. The SAD ordinance will state that a full site plan must be
submitted for approval by SPRAB in conjunction with any new development, or
upon the occupation of the existing buildings on the site by any use other than
Dee-Car Patio Furniture.
Perimeter Setbacks for SADs
Pursuant to LDR Section 4.4.25(D)(1), a minimum setback of 15 feet shall be
established around the perimeter of any property developed under the SAD
designation. The front and side street setbacks must be a landscalSe-d area
within which no pavement shall be allowed except for pedestrian ways and
driveways.
The landscape plan shows a 15' landscaped setback along Federal Highway,
which complies with the requirement for the front setback. The 15' building
setback requirement is not met on the south side of the property, where
structures exist along the property line. These buildings comply with the current
AC zoning district regulations, which do not require any interior side setback. It
should also be noted that they comply with the requirements of the GC district,
which also allow a zero interior side setback. The 15' setback requirement is
also encroached upon to a minor degree at the southwest corner of the property,
where a portion of the building is only 14' from the rear property line. This
setback conforms with the 10' rear setback requirement of both the AC and GC
P&Z Staff Report
Rezoning from AC to SAD for the Miller Dodge Property
Page 7
zoning districts. However, with the required 10' dedication of right-of-way along
Dixie Highway, the building setback will range from 4' on the north end to
approximately 19' on the south end.
When the SAD zoning is applied, the existing interior side setback will become
nonconforming, which will limit the potential for the expansion or improvement of
the structures. As the zero interior side setback is consistent with the AC and
GC zoning districts and is therefore typical of development standards in the
North Federal area, the requirement for a 15' interior side setback should be
waived. With regard to the rear setback, the nonconformity is being created as a
result of a right-of-way dedication, and would occur regardless of the zoning
designation. It should not affect the applicant's ability to improve the structure.
RiRht'~f Way Dedications
Federal Highway: According to the County's Thoroughfare Map and the City's
Comprehensive Plan, the ultimate right-of-way for Federal Highway in the
subject area is 120 feet. Currently only 100' is provided. Technically, the
applicants should be required to provide'an additional 10' of right-of-way along
the front portion of the property.
It is noted that the Department of Transportation has developed plans for the
improvement of North Federal Highway which include resurfacing, a reduction in
median cuts, and provision of bikeways. All of the improvements are to be
accommodated in the existing 100' right of way. The widening of North Federal
Highway is not included in any of the County's improvement programs, nor has it
been seriously contemplated. In light of this, it would be acceptable at this time
to require that the applicants reserve rather than dedicate the right-of-way.
Reserving the right-of-way means the Property will be available to the state if
needed for future widening.
Dixie Highway: There is also a need for 10' of right-of-way along Dixie
Highway. Previously the ultimate right-of-way in this area was 80'. Given the
limited use of the road, that width has been reduced to 40', which is minimal.
Presently only 30' of ROW exists along the subject property. Additionally, part
of the Dixie Highway pavement encroaches into the FEC right-of-way to the
west. In order to ensure that the minimum right-of-way is available for this road
section, a 10' dedication is required.
Storage of Semi-Trailers
There are currently several semi-trailers parked in the northwest quandrant of
the property, which are being used for storage of furniture. The SAD provides
for the removal of these trailers within 60 days of the approval of the zoning.
P&Z Staff Repod
Rezoning from AC to SAD for the Miller Dodge Property
Page 8
Landscape Plan Technical Comments
The proposed landscaping along Federal Highway includes a silver buttonwood
hedge and 12' Laurel Oak trees planted 25' on center. Along Dixie Highway, a
10' wide area planted with ficus hedge and Laurel Oak trees is proposed. The
existing ficus hedge at the north end of the property is to be trimmed and/or
replanted as necessary. The following revisions to the plan must be made prior
to City Commission consideration of the rezoning:
1) The plans must indicate that the landscaping along Dixie Highway is to be
planted out of the area that is to be dedicated for right of way. In addition,
the existing chain link fence is to be relocated to the eastern edge of the
..-~10' landscaped strip, with the hedge planted against the fence.
2) The paved area at the southeast corner of the site is to be a landscaped
area.
3) The trees along Federal Highway are to be planted toward the interior of
the landscape strip.
4) Any exotic species on site are to be removed.
5) Indicate existing access points along Dixie Highway on the plans.
I
Community Redevelopment Agency
The CRA considered the rezoning at its meeting of December 14, 1995.- The
CRA supported the proposal, but recommended that the required improvements
include patching and sealcoating the existing asphalt surface.
Neighborhood Notice:
Formal public notice has been provided to property owners within a 500' radius
of the subject property. Courtesy notices have been sent to:
1) Al Brook: La Hacienda Subdivision
2) Deborah Dowd: Northeast Neighborhood
3) Stanley Milosky, Loren Sheffer, and Robert Dittman: North Federal Highway
Task Force
P&Z Staff Report
Rezoning from AC to SAD for the Miller Dodge Property
Page 9
Letters of objection or support, if any, will be presented at the P & Z Board
meeting.
The rezoning to SAD to allow a combination of uses permitted in other districts is
unconventional, and under normal circumstances would probably not be
contemplated. This proposal, however, deals with an extremely blighted site in
an area 'that is slated for redevelopment. Any reasonable measure to accelerate
the improvement and redevelopment of the site deserves consideration and a
flexible approach.
The SAD zoning will continue to allow the auto related uses that are currently
permitted, as well as general commercial type uses. It will require the
immediate upgrading of the site by the installation of perimeter landscaping and
exterior improvements to the building. Future development of the site will be
accomplished through the submission of a full site plan.
^. Continue with direction.
B. Recommend rezoning of the Miller Dodge property from _AC to
SAD, based on positive findings with respect to Section
2.4.5(D)(5)(c) (Rezoning Findings), Section 3.1.1, the performance
standards of Section 3.3.2, and policies of the Comprehensive
Plan.
C. Recommend denial of a rezoning from AC to SAD for the Miller
Dodge property, based on a failure to make positive findings with
respect to Section 2.4.5(D)(5), that the request does not fulfill one
of the reasons for which a rezoning may be granted.
P&Z Staff Report
Rezoning from AC to SAD for the Miller Dodge Property
Page 10
By separate motions:
A. Recommend a waiver of the 15' perimeter setback requirement for the
south property line.
B. Recommend approval of the rezoning of the Miller Dodge property from
AC to SAD, based on positive findings with respect to LDR Section
3,'1.1, (Required Findings), Section 3.3.2 (Standards for Rezoning
Actions) and Section 2.4.5(D)(5)(c) (Valid Reason for Rezoning), and
policies of the Comprehensive Plan.
The above recommendation should be made subject to the condition that prior to
City Commission consideration of the rezoning, a revised plan is submitted that
addresses items 1-5 under the "Landscape Plan Technical Items" section of this
report.
Attachments:
Proposed SAD Ordinance Language
Sketch/landscape Plan
· Future Land Use Element Policy C-1.6
Location Map
· Zoning Map
SAD ORDINANCE
The following language is to be included in the ordinance that
establishes the SAD zoning for the Miller Dodge property:
(Section 1 provides the legal description to which the SAD zoning will be
applied)
Section 2
The uses allowed for the subject property pursuant to Section 4.4.25(B)
of the Land Development Regulations of the City of Delray Beach,
Florida, shall be as follows:
1. All uses permitted as Principal, Conditional, or Accessory Uses
within the GC (General Commercial) zoning district;
2. All uses permitted as Principal, Conditional, or Accessory Uses
within the AC (Automotive Commercial) zoning district, except
that the sale of used vehicles is' limited as follows:
· As an accessory use to an on-site new car dealership; or
· As a used car dealership specializing in exotic or vintage
vehicles.
Section 3
The development of and improvements to the subject property shall be
as follows.
1. Within 60 days of adoption of the ordinance establishing the SAD
zoning on the subject property, all semi-trailers and storage - -
containers are to be removed from the premises.
2. Within 120 days of adoption of the ordinance establishing the
SAD zoning on the subject property, the following improvements
shall be made:
· Installation of perimeter landscaping on the east and west
borders of the property as provided for in the attached plan.
· Upgrades to the existing buildings on site to include plumbing,
electrical, and roofing repairs, re-stucco and paint the exteriors,
install handicap parking and access, upgrade all site lighting.
3. Establishment of a patio furniture showroom, or the establishment
of any use other than accessory uses to DeeCar Patio, will
require the installation of site improvements in accordance with
an approved site plan which will at a minimum provide for the
installation of parking areas in accordance with City codes and
standards.
4. Establishment of any Automotive Commercial use is subject to
the minimum dimensions provided in Section 4.4.10 (F)(2), the
Supplemental District Regulations provided in Section 4.4.10 (G),
and the Special Regulations provided in Section 4.4.10 (H) of the
Land Development Regulations.
5 ..... Modifications to the approved landscape plan, as well as all
new site plans and future modifications, shall be approved
by the Site Plan Review and Appearance Board.
Section 4
It is the intent of this ordinance that the SAD zoning be applied on an
interim basis to allow the site to be marketed for a broader range of uses
than is permitted under the AC or GC zoning districts alone. Therefore,
unless an extension is granted by the City Commission, this ordinance will
expire three years after the date of its adoption. Prior to its expiration, the
property owner(s), at their own expense, are to make application to the City
to change the zoning to a standard classification such as AC (Automotive
Commercial) or GC (General Commercial).
Thinthe "Village Center'scenario. Commensurate with t~'s activity, the City
all, if necessary, rezon'~ropriate properties. ~
DELETION ~ ~
is policy was accomplishe'd~hrough the adoption of the C~N~tral
Business Di~ict - Railroad Com'dor (CBD-R~;) zoning district. See Suppo~
Document # 1 '(,~ansportat!on Concurrency E'~eption Area) for additional '~
background relates item. ~ '
~ocation: Pg. ,11-G-27, NE~licy C-!.6 ~
...._Change: ADDIT!ON '~' -~_..)
The .following pertains to the North Federal .HighwaY Corridor:
The North Federal Highway Corridor is defined as the area bounded by the FEC
railroad right-of-way to the west. the Intracoastal Waterway and the town of
Gulfstream. to the east, George Bush Boulevard to the south, and the north City
limits to the north.
Properties in the corridor that front on Federal Highway primarily contain small-
scale,.strip commercial development. Many parcels, in the area contain vacant or
dilapidated structures, .substandard parking, and substandard landscaping, The
area also contains residential areas identified as "Stabilization" and "Stabilization
and Revitalization" on the Residential Neighborhood Categorization Map
contained in the Housing Element. Many of the remaining parcels in the area
are currently vacant. - -
Due to those conditions, the North Federal Highway corridor is hereby identified
as a blighted area. The CRA will be the lead agency for the preparation of an
Improvement Program for the North Federal Highway Corridor, The City..
through its Planning and Zoning Deoartment will provide support and assistance
to the CRA in the preparation of the North Federal Highway Corridor
Improvement Program,
The program will, at a minimum address the following issues:
· __ Improvement of the appearance of the area
· __ Identification of appropriate uses for parcel~ adjacent to Dixie Highway and
the FEC railroad tracks.
Page 20
+__ .Identification of and strategies for .the elimination of inappropriate and
marginal uses
*__ Provision for increases in permitted residential densities ad!acent to the
Ir~tra(;oastal Waterway
+__ Directing smaller business operations to more concentrated areas'
+__. Providing economic stimulation and investment in the area
, +__ Creation of!obs
+__ Stabilization and preservation of residential neighborhoods through new
.development, redevelopment and the elimination of blight
The plan will be completed, in FY 95196,
Comment: See Support Document # 4 (North Federal Highway Corridor) for a
complete discussion of this item.
The City, through its Planning E~partment, shall prepare at least two
- redevelopmentNi~lans each year corhq~encing in FY 91/92. Plans for the
i,_ redevelopment a'r~as shall be prepare~L..in the following priority and shall
~_ comply with the policikes and activities set f~in this objective: (b2)
: 1. Atlantic Avenue betv~en 1-95 and Swinton A~nue _ _
_ 2. Germantown Road Ind~trial Area 'N,.
3. The vicinity of Lindell and,,~ederai Highway
-~'- 4. Silver Terrace Subdivision ~, N,,.
- 5. S.W. 4th Avenue, north of Lin'~Boulevard
~ bie t' e C-2 _
- The City, throUgh its Planning DepartmentX, shall prepare at leas'k~two
-t~ redevelopment plans each year commencing ~'A, FY 91/92.. Plans for't~e
redevelopment areas shall be prepared in the f~owing priority and sh~ll
- comply with the policies and activities set forth in thisN3bjective: (b2)
Page 21
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
SU aEC : a UARY 996
SEGOND PUBBIC HEARING & SECOND READING ~OR ORDINANCE NO.
1-96 (ALL TERRAIN VEHICLES AND PERSONAL WATERCRAFT~
DATE: JANUARY 12, 1996
This is second reading and the second of two required public
hearings for Ordinance No. 1-96 which amends Section 4.4.9(D) of
the Land Development Regulations by adding "Sales and service of
All Terrain Vehicles and personal watercraft (waverunners, jet
skis), with no outside display, outside storage or outside service"
as a conditional use in the General Commercial zoning district.
The proposed text amendment is the result of a request from the
owner of Turner Outdoor Equipment as part of an expansion plan for
his current lawn mower sales and service operation on North Federal
Highway. The sale and service of all terrain vehicles (ATV) and
personal watercraft are currently allowed only in the Automotive
Commercial zoning district, and have been lumped under the
categories of sale, lease and rental of recreation vehicles and
sale, lease and rental of boats. An argument can be made that
ATVs and personal watercraft differ from RVs and boats as they are
smaller and do not require large areas for outside display and
storage.
The Planning and Zoning Board discussed the request at the November
13th workshop meeting, and voted to initiate an LDR amendment which
would allow these uses as a conditional use in the General
Commercial district, subject to no outside display, storage or
service. In considering the amendment at public hearing on
December 19, 1995, the Board voted 4 to 0 to recommend that the
text change be approved. At first reading on January 9, 1996, the
Commission passed the ordinance by a vote of 4 to 0.
Recommend approval of Ordinance No. 1-96 on second and final
reading.
ref:agmemo6
ORDINANCE NO. 1-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.9,
"GENERAL COMMERCIAL (GC) DISTRICT" SUBSECTION
4.4.9(D), "CONDITIONAL USES AND STRUCTURES ALLOWED",
OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH, BY ADDING THE SALE AND SERVICE OF ALL
TERRAIN VEHICLES AND PERSONAL WATERCRAFT
(WAVERUNNERS, JET SKIS) AS A CONDITIONAL USE;
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 December
19, 1995, and voted 4 to 0 to forward 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:
~_~ That Chapter Four, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.9, "General Commercial (GC)
District", Subsection 4.4.9(D), "Conditional Uses and Structures
Allowed", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as follows:
(D) Conditional Uses and Structures Allowed: The following
are allowed as conditional uses within the GC District, except as
prohibited in the West Atlantic Avenue Overlay District by Section
4.4.9(G)(1)(a):
(1) Adult entertainment establishments
('2) Alcohol and drug abuse treatment facilities
(3) Amusement game facilities limited to such uses as
pinball, air hockey, electronic games, and other similar coin operated
games when an attendant is on duty
(4) Wash establishments or facilities for vehicles
(5) Child care and adult day care
(6) Clubs and lodges; social, fraternal, and
recreational
(7) Communication and transmission facilities
(8) Drive-in theaters
(0) Flea markets, bazaars, merchandise marts, and
similar retail uses
(10) Funeral homes
(11) Gasoline stations or the dispensing of gasoline
directly into vehicles
(12) Hotels and motels
(13) Free-standing multiple family housing subject to
the requirements of the RM District except for setback and height
requirements which shall be pursuant to this section
(14) Recreational establishments such as bowling
alleys, gymnasiums, health spas, miniature golf courses, skating rinks
(15) Sales and service of All Terrain Vehicles and
personal watercraft (waverunners. jet skis), with no outside display.
outside storage or outside service
(16) f~ Vehicle care limited to the changing of oil and
filters, and lubrication with no mechanical work or outside storage of
vehicles except as a part of a gasoline station
(17) f~ Veterinary clinics
~ 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 portion thereof, any paragraph, sentence, or wo~d 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. 1-96
~ That this ordinance shall become effective
immediately upon passage on second ana final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 23rd day of Januar' , 1996.
ATTEST:
J CitY C2[erk
First Reading January 9~ 1996
Second Reading January 23~ 1996
- 3 - Ord. No. 1-96
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: i R
DEPARTMENT OF PLANNII~G AND ZONING
FROM: PAUL DORLING, PRINCIPAL PLANNER
SUBJECT: MEETING OF JANUARY 9, 1996
APPROVAL ON FIRST READING OF AN ORDINANCE
AMENDING LDR SECTION 4.4.9 (D) ADDING SALES AND
SERVICE OF ALL TERRAIN VEHICLES, AND PERSONAL
WATERCRAFT (WAVERUNNERS, JET SKIS ) AS A
CONDITIONAL USE WITHIN THE GENERAL COMMERCIAL
ZONING DISTRICT.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of approval on first reading
of an ordinance amending Section 4.4.9 (D) of the Land Development
Regulations (Conditional Uses in the General Commercial District) to add
personal watercraft and all terrain vehicles as conditional uses.
BACKGROUND:
The owner of Turner Outdoor Equipment initiated the request as part of an
expansion plan for his current lawn mower sales and service operation on North
Federal Highway. During discussions with the Planning and Zoning Board the
applicant presented arguments that All Terrain Vehicles (ATVs) are similar to
lawn mower sales and are utilized as work vehicles for gardening and lawn care.
The personal watercraft are similar to other retail items allowed for sale in the
GC (General Commercial) zone district.
ANALYSIS:
The sale and service of both All Terrain Vehicles and personal watercraft are
currently only allowed in the AC (Auto Commercial) zone district as permitted
uses. These subject uses have been lumped under the categories of sale,
lease, and rental of recreation vehicles and sale, lease and rental of boats. An
argument can be made that All Terrain Vehicles and personal watercraft differ
from Recreational Vehicles (RVs) and boats as they are smaller and do not
require large areas for outside display and storage.
In considering whether or not to allow these uses within the General
Commercial zone district concerns with respect to location of display, storage
and service areas must be addressed. Under Section 4.6.6 all uses within a
commercial zone are to be conducted in a completely enclosed building.
However, an outside display component is normally allowed and is limited to a
maximum of 10% of the building square footage [Section 4.6.6 (C)(3)(b)]. It is
recommended that with this particular conditional use all outside display and
outside storage be prohibited.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board discussed the request at their November 13,
1995 workshop meeting at which time they recommended that a text change be
initiated that would allow the new uses as conditional use verses permitted
uses. The Planning and Zoning Board considered the LDR text change at their
December 19, 1995 meeting. No one from the public spoke on this item and the
Board unanimously (4-0) recommended approval.
RECOMMENDED ACTION:
By motion, approve on first reading an amendment to LDR Section 4.4.9 (D) to
add the sale and service of All Terrain Vehicles and personal watercraft (i.e.
Waverunners, Jet skis) as a Conditional Use.
Attachments
* Proposed LDR amendment
(D) Conditional Uses and Structures Allowed: The following uses
are allowed as conditional uses within the GC District pursuant to the provisions
of 2.4.5(E):
(1) Adult Entertainment Establishments; [Amd. Ord. 55-90
11/13190]
(2) Alcohol and Drug Abuse Treatment Facilities;
(3) Amusement game facilities limited to such uses as pinball, air
hockey, electronic games, and other similar coin operated games when an
attendant is on duty;
(4) Wash establishments or facilities for vehicles;
(5) Child Care and Adult Day Care;
(6) Clubs and Lodges; social, fraternal, and recreational;
(7) Communication and transmission facilities;
(8) Drive-in Theaters;
(9) Flea Markets, bazaars, merchandise marts, and similar retail
uses; [Amd. Ord. 51-92 10/27/92]
(10) Funeral Homes;
(11) Gasoline Stations or the dispensing of gasoline directly into
vehicles;
(12) Hotels and Motels
(13) Free-standing multiple-family housing subject to the require-
ments of the RM District except for setback and height requirements which shall
be pursuant to this Section;
(14) Recreational establishments such as bowling alleys, gym-
nasiums, health spas, miniature golf courses, skating rinks;
(15) Sales and service of Ail Terrain Vehicles and personal
watercraft ( i.e. Waverunners. Jet Skis) with no outside display, outside storege
or outside service.
(I'~v, (16) Vehicle care limited to the changing of oil and filters, and
lubrication with no mechanical work or outside storage of vehicles except as a
part of a gasoline station;
(!my, (17) Veterinary Clinics. [Amd. Ord. 14-91 02126191]
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: AGENDA ITEM ~ IO.~.- MEETI~ OF JANUARY 23. 1996
SECOND PUBLIC HEARING ~ SECOND READING FOR ORDINANCE NQ,
6-96 (EMERGENCY MEDICAL TRANSPORT FEES)
DATE: JANUARY 18, 1996
This is second reading and public hearing for Ordinance No. 6-96
which amends Section 96.66 of the City Code by revising the fee
schedule for emergency medical transportation in accordance with
the Inflation Index Charge. The I.I.C. for 1996, applicable to
Medicare services and fee schedules, is a three percent (3%)
increase. The proposed rate changes are:
Present Fee 3% Increase Total Round Q~f
ALS $275.00 $8.25 $283.25 $280.00
BLS $205.00 $6.15 $211.15 $210.00
Mileage $5.00
per mile $0.15 $ 5.15 $ 5.15
The effective date for the increase is January 1, 1996.
At first reading on January 9th, the Commission passed the
ordinance by a vote of 4 to 0. As I mentioned at that time, the
Medicare legislation is still being debated by the U.S. Congress.
One of the proposals is to freeze ambulance charges for seven
years. If that passes, then this rate increase cannot take
effect and the fees will revert to those currently in effect.
However, the Commission should go ahead and adopt the ordinance
effective January 1, 1996, or else we lose the right to increase
the fees at all.
Recommend approval of Ordinance No. 6-96 on second and final
reading.
ref: agmemo 10
Federal Inflation Index Calculation (I.I.C.) Applicable to
Medicare Services and Fee Schedules
1986 to 1996
Ci.t¥ Bate
Fiscal Year !.I.C. Adj.ustme~ts.
1986 0.0%
1987 + 1.7%
1988 (Freeze)
1989 + 4.0%
, 1990 + 5.2%
1991 + 4.7%
1992 + 4.7%
1993 + 3.1%
1994 + 3.0%
1995 ' + 2.5% + 3~0% **'
1996 + 3.0% * + 3.0% (Proposed) ,
· If no freeze is imposed on Medicare Fees at the Federal level
(Reference H.R. 2485, H.R. 2491, and Senate Reconciliation Act
of 1995).
· * Included in initial rate schedule effective J~,u~.ry i, 19:95.
Source: Mr. David Werfel,. Esq., Medicare consult'~nt, to the
American Ambulance Association, October 3.I, 19'9.5.'
ORDINANCE NO. 6-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE
SAFETY AND EMERGENCY SERVICES", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING
SECTION 96.66, "EMERGENCY MEDICAL TRANSPORTATION
FEES", SUBSECTION 96.66(A), TO REVISE THE FEE
SCHEDULE FOR EMERGENCY MEDICAL TRANSPORTATION IN
ACCORDANCE WITH THE INFLATION INDEX CHARGE FOR 1996;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, on January 17, 1995, the City Commission adopted
Ordinance No. 5-95, which enacted a new Section 96.66 of the City Code
to provide for emergency medical transportation fees; and
WHEREAS, pursuant to Section 96.66(B) of the City Code, the
City Commission may adjust fees annually pursuant to the Inflation
Index Charge (I.I.C.) which is used by Medicare to determine the
appropriate fee charges; and
WHEREAS, the City Commission has been notified that the
Inflation Index Charge (I.I.C.) for 1996, applicable to Medicare
services and fee schedules, will be a three percent (3%) increase.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 96, "Fire Safety and Emergency
Services", Section 96.66, "Emergency Medical Transportation Fees",
Subsection 96.66(A), of the Code of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as follows:
(A) The following service charges or fees are levied for
the provision of emergency medical transportation:
(1) Advanced Life Support
transportation fee ~7~/~ $280.00
(2) Basic Life Support
transportation fee ~/~ S210.00
(3) Mileage fee ~/g~/~¢ S5.15/mile
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That this ordinance shall become effective
as of January 1, 1996.
PASSED AND ADOPTED in regular session on second and final
reading on this the 23rd day of January , 1996.
ATTEST:
~ Ci~ C~erk r
First Reading January 9, 1996
Second Reading January 23, 1996 ·
- 2 - Ord. No. 6-96
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER '
SUBJECT: AGENDA ITEM ~ /~'~'- MEETING QF JANUARY 23. 1996
SECOND READING & PUBLIC HEARING FOR ORDINANCE NO. 3-96
(REZONING TRACTS a. 5-2. AND a PORTION OF TRACT R.
CONGRESS PARK SOUTH)
DATE: JANUARY !2, 1996
This is second reading and public hearing (quasi-judicial) for
Ordinance No. 3-96 which rezones Tract A, a portion of Tract R
(Commerce Drive), and Tract L-2 (common landscape area) of Congress
Park South from PCC (Planned Commerce Center) to MIC (Mixed
Industrial and Commercial) District. The subject property is
located within the southeast corner of Congress Park South, which
is south of Atlantic Avenue on the west side of Congress Avenue.
The existing land use is a 77,800 sq.ft, warehouse and office
structure with associated parking and landscaping. This is a
City-initiated rezoning to accommodate the existing industrial
building which became non-conforming under the PCC zoning when
Levenger rezoned its project from PCC to MIC in October, 1995.
The Planning and Zoning Board considered this item at public
hearing on December 19, 1995, and voted 4 to 0 to recommend that
the rezoning be approved. At first reading on January 9th, the
Commission passed the ordinance by a vote of 4 to 0.
Recommend approval of Ordinance No. 3-96 on second and final
reading, based upon positive findings with respect to LDR Sections
3.1.1 and 2.4.5(D)(5) (Required Findings), Section 3.3.2 (Standards
for Rezoning Actions), and policies of the Comprehensive Plan.
ref:agmemo15
ORDINANCE NO. 3-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED PCC (PLANNED COMMERCE CENTER)
DISTRICT IN THE MIC (MIXED INDUSTRIAL AND COMMERCIAL)
DISTRICT; SAID LAND BEING TRACT A, TRACT L-2, AND A
PORTION OF TRACT R, CONGRESS PARK SOUTH REPLAT,
LOCATED ON THE WEST SIDE OF CONGRESS AVENUE, SOUTH OF
ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED
HEREIN; AND AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE,
A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated April,
1994, as being zoned PCC (Planned Commerce Center) District; and
WHEREAS, at its meeting of December 19, 1995, the Planning
and Zoning Board for the City of Delray Beach, as Local Planning
Agency, considered this item at public hearing and voted 4 to 0 to
recommend approval of the rezoning, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of MIC (Mixed Industrial
and Commercial) District for the following described property:
Tract A, Tract L-2, and that portion of Tract R lying
adjacent to the east and south property lines of said
Tract A, CONGRESS PARK SOUTH REPLAT, recorded in Plat
Book 71, Page 190, of the Public Records of Palm
Beach County, Florida.
The subject property is located south of Atlantic
Avenue on the west side of Congress Avenue;
containing 5.35 acres, more or less.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
Section ! hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 23rd day of January , 1996.
ATTEST:
JCity'C~erk '
First Reading January 9~ 1996
Second Reading January 23~ 1996
- 2 - Ord. No. 3-96
CITY COMMISSION DOCUMENTATION
THRU: I ECTOR
DEPARTMENT OF PI.~qNING AND ZONING
FROM: JA~T IV~EKS, SENIOR PI~NNER
SUBJECT: MEETING OF JANUARY 9, 1996
APPROVAL ON FIRST READING OF A CITY INITIATED REZONING
FROM PCC (PLANNED COMMERCE CENTER) TO MIC (MIXED
INDUSTRIAL AND COMMERCIAL) FOR TRACT A, A PORTION OF
TRACT R (COMMERCE DRIVE), AND TRACT L-2 (COMMON
LANDSCAPE AREA OF CONGRESS PARK SOUTH
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of approval on first reading
of an ordinance for a City initiated rezoning request from PCC (Planned
Commerce Center) to MIC (Mixed Industrial and Commercial) for Tract A, a
portion of Tract R (Commerce Drive), and Tract L-2 (common landscape area) of
Congress Park South, which contains approximately 5.35 acres.
The subject property is located south of Atlantic Avenue on the west side of
Congress Avenue. Tract A is located within the southeast corner of Congress
Park South.
BACKGROUND:
On October 24, 1995 the City Commission approved the rezoning of 14.62 acres from
PCC (Planned Commerce Center) and LI (Light Industrial) to MIC (Mixed Industrial and
Commercial) for a portion of Congress Park South associated with the future expansion
of the Levenger warehouse. This rezoning left Tract A and Tract E of Congress Park
South with a zoning designation of PCC. As neither tract is appropriately zoned (does
not contain appropriate uses nor meet minimum size requirements of the PCC), the
Planning and Zoning Board initiated a rezoning of these tracts to OSR (Tract E) and
MIC (Tract A). The rezoning of Tract A from PCC to MIC is the subject of this request,
and Tract E is also before the Commission as a separate agenda item.
City Commission Documentation
Rezoning from PCC to MIC for Tract A of Congress Park South
Page 2
ANALYSIS:
The proposal is a City initiated rezoning from PCC to MIC for Tract A, a portion of Tract
R (Commerce Drive) and Tract L-2 (common landscape area) located within the
Congress Park South development. The parcel contains an existing industrial and
warehouse building which became non-conforming with respect to the required land
area of a PCC (10 acre minimum), perimeter landscape buffers, and the Light Industry
component encompasses more than 50% of the total land area within the remaining
portion of the PCC. The change to the requested zoning will allow the industrial
building to become conforming under the MIC zone district.
Additional background and analysis of the request can be found in the attached
Planning and Zoning Board Staff Report.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered this item at its December 19, 1995
meeting. No one from the public spoke on this item and the Board unanimously (4-0)
recommended approval.
RECOMMENDED ACTION:
By motion, approve on first reading an ordinance rezoning Tract A, a portion of Tract R,
and Tract L-2 of Congress Park South from PCC (Planned Commerce Center) to MIC
(Mixed Industrial and Commercial), based upon positive findings with respect to
Section 3.1.1 (Required Findings) and Section 3.3.2 (Standards for Rezoning Actions),
Section 2.4.5(D)(5) of the Land Development Regulations, and policies of the
Comprehensive Plan.
Attachments:
· P&Z Staff Report and December 19, 1995
· Ordinance by Others
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: December 19, 1995
AGENDA ITEM: V.B.
ITEM: City Initiated rezoning from PCC (Planned Commerce Center) to MIC
(Mixed Industrial and Commercial) for Tract "A," Tract "L-2," and portions
of Tract "R," Congress Park South, located on the west side of Congress
Avenue, south of Atlantic Avenue.
GENERAL DATA:
Owner ............................. Banyan Lakes Village, Inc.
Applicant ......................... David Harden, City Manager
City of Delray Beach
Location ................... ; ...... On the west side of Congress
Avenue, south of Atlantic Avenue.
Property Size .................. 5.35 acres
Future Land Use Map ..... Commerce
Current PCC (Planned Commerce Center)
Zoning ................
Proposed Zoning ............ MIC (Mixed Industrial and
Commercial)
Adjacent Zoning .... North: MIC
East: MIC
South: OSR (Open Space and
Recreation)
West: MIC
Existing Land Use .......... Existing 77,800 square foot
warehouse and office structure
with associated parking,
landscaping.
Proposed Land Use ........ City initiated rezoning of the
subject parcels to MIC.
Water Service ................. Existing on site.
Sewer Service ................ Existing on site.
COURSE
V.B.
The action before the Board is making a recommendation on a rezoning request from
PCC (Planned Commerce Center) to MIC (Mixed Industrial and Commercial) for Tract
A, a portion of Tract R (Commerce Drive), and Tract L-2 (common landscape area) of
Congress Park South, which contains approximately 5.35 acres.
The subject property is located south of Atlantic Avenue on the west side of Congress
Avenue. Tract A is located within the southeast corner of Congress Park South.
Pursuant to Section 2.2.2(E), the Local Planning Agency shall review and make a
recommendation to the City Commission with respect to rezoning of any property within
the City.
On May 24, 1983, the City Commission approved a land use change, rezoning from
PRD-4 to PCC, Conditional Use, and Site Plan for Congress Park South. The
development proposal included four office research and light industrial buildings with a
total of 230,190 square feet. In 1986, one of the buildings was constructed on Tract A
along with the internal roadways and underground infrastructure throughout the park.
As these improvements constituted more than 25% of the total project, the project was
considered vested.
At its meeting of April 13, 1993, the City Commission approved a change in zoning from
PCC to LI for 12.4 acres (approximately the western half) of Congress Park South to
accommodate a distribution and warehouse development for Levenger's
In May of this year, Levenger's discussed with the Planning Department a_p__[oposal to
expand their existing facility. The expansion includes increasing the size of the existing
facility by 99,000 square feet to accommodate additional warehouse space on Tract B,
and a free standing 58,000 square foot pavilion on Tract D, that would contain a retail
component. In order to accommodate the expansion, proposed uses and provide a
unified development for Levenger, the Planning and Zoning Board at its October 16,
1995 meeting recommended to the City Commission a change in zoning from PCC
(Planned Commerce Center) and LI (Light Industrial) to MIC (Mixed Industrial and
Commercial) for Tracts B, C, and D at Congress Park South.
It was also identified in the rezoning staff report that Tract A with PCC zoning would be
non-conforming with respect to the required land area of a PCC (10 acre minimum),
perimeter landscape buffers, and because the Light Industry component would
encompass more than 50% of the total land area within the remaining portion of the
PCC. Thus, the Planning and Zoning Board initiated a rezoning of Tract A from PCC to
MIC. At its meeting of November 7, 1995, the City Commission upon the second
reading of the Ordinance rezoned Tracts B, C, and D from PCC to MIC.
P&Z Staff Report
Rezoning from PCC to MIC for Tract A of Congress Park South
Page 2
The owners of Tract A are in favor of the change in zoning to MIC. However, they
questioned language found in the MIC zone district under the category of permitted
uses entitled "Business Services", that such uses are permitted to the extent that the
floor area for office use is limited to 25% of the floor area whether it is accessory to the
industrial use or not. The existing 77,800 square foot structure contains approximately
27,000 square feet or 35% of the floor area devoted to offices. These offices are
accessory to the primary industrial use and could become non-conforming if the
property is rezoned.
The Planning Director's interpretation of the code is that only the separate office uses
listed in Sections 4.4.19(B)(2) Finance, Insurance, and Real Estate Services, and (3)
Business Services within the MIC zone district [see attached Exhibit A for exact
language], which are listed under distinct use categories are subject to the 25%
limitation in floor area. Office uses that are associated with an industrial use
(accessory use) would not be subject to the 25% limitation. This interpretation is
consistent with language found in the I (Industrial) zone district wherein it states under
Accessory Uses and Structures Permitted: business offices are allowed as an
accessory use to the primary industrial 'use. It is also consistent with the current
implementation of the MIC district regulations throughout the City.
Rezoning Tract A and the associated access tract and common landscape area from
PCC to MIC is the action now requested of the Board.
The rezoning request is to accommodate an existing industrial building which became
non-conforming under the PCC zoning when Levenger rezoned its project from PCC to
MIC.
REQUIRED FINDINGS: (Chapter 3):
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form 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 zoning
district and the zoning district must be consistent with the land use designation.
P&Z Staff Report
Rezoning from PCC to MIC for Tract A of Congress Park South
Page 3
The current Future Land Use designation for the subject property is Commerce.
The requested zoning change is from PCC to MIC. The proposed zoning
designation of MIC is consistent with the Commerce Future Land Use
designation.
Concurrency: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan. These levels of service involve
Streets and Traffic, Water and Sewer, Parks and Recreation, Solid Waste and
Drainage.
As stated in the background section of this report, Tract A is vested with respect to
levels of service established within the Comprehensive Plan.
Consistency: Compliance with the performance standards set forth in Section
3.3.2 (Standards for Rezoning Actions) along with required findings in Section
2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies found in the adopted
Comprehensive Plan may be used in the making of a finding of overall
consistency.
Section 3.3.2 (Standards for Rezoninq Actions): The applicable performance
standards of Section 3.3.2 and other policies which apply are as follows:
D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land uses both existing and
proposed; or that if an incompatibility may occur, that sufficient
regulations exist to properly mitigate adverse impacts from the new use.
The property is bordered to the north and west by MIC (Mixed Industrial and
Commercial) zoning, to the south by OSR (Open Space and Recreation - municipal golf
course), and the east by RM (Medium Density Residential) and MIC zoning (located on
the east side of Congress Avenue).
There are no compatibility concerns noted with the municipal golf course located to the
south of the subject property or the proposed Levenger's facilities to be located to the
west and north of the subject property. With the rezoning of Tract A, all the tracts
within Congress Park South will be zoned MIC. Congress Park South will still function
as a unified development through an existing Property Owner's Association which
already has agreements in place for common maintenance, cross access, etc. Existing
landscaping will buffer the residential development to the east, which has not
experienced any notable compatibility problems with the existing building to date.
The MIC zone district allows similar uses to the PCC zone district (industrial, office, and
limited commercial) with fewer limitations i.e. no restrictions with respect to required
P&Z Staff Report
Rezoning from PCC to MIC for Tract A of Congress Park South
Page 4
land area, percentages of uses verses land area, etc. The MIC zone district also
allows more intense uses such as monument and ornamental stone cutting, resource
recovery facilities, and storage and rental of light construction equipment as conditional
uses. However, no concerns are noted in this case, as the rezoning is being applied to
an existing building that was specifically constructed for office and industrial uses.
Section 2.4.5(D)(5) (Rezonin¢l Findinqs):
Pursuant to Section 2.4.5(D)(1) (Findings), in addition to provisions of
Section 3.1.1, the City Commission must make a finding that the rezoning
fulfills one of the reasons for which the rezoning change is being sought.
These reasons include the following:
a. That the zoning had previously been changed, or was originally
established, in error;
b.That there has been a change in circumstances which make the
current zoning inappropriate;
c. That the requested zoning is of similar intensity as allowed under the
Future Land Use Map and that it is more appropriate for the property
based upon circumstances particular to the site and/or
neighborhood.
The justification for the City initiated rezoning is reason "b". Rezoning the other tracts
within Congress Park South to MIC caused Tract A to become non-conforming with
certain aspects of the PCC zoning. The current and proposed uses in Tract A will be
conforming under the MIC zone district. Thus, there has been a change in
circumstances which makes the current zoning inappropriate. · ....
The rezoning is not in a geographic area requiring review by either the HPB (Historic
Preservation Board), DDA (Downtown Development Authority) or the CRA (Community
Redevelopment Agency).
Neighborhood Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property.
Courtesy notices have been sent to:
· PROD
· Golf View Condominiums
P&Z Staff Report
Rezoning from PCC to MIC for Tract A of Congress Park South
Page 5
Letters of objection, if any, will be presented at the P & Z Board meeting.
The City initiated rezoning of Tract A of Congress Park South from PCC to MIC will
eliminate a non-conforming PCC district which resulted from the rezoning of the
Levenger property. The existing and proposed uses in Tract A will be conforming
under the MIC zoning. The MIC zoning district is consistent with the Commerce FLUM
designation. Required positive findings with respect to Section 2.4.5(D)(5) (Rezoning
Findings), Section 3.1.1, and the Performance Standards of Section 3.3.2 can be
made. Based on the above, the proposed rezoning of Tract A in Congress Park South
is recommended for approval.
A. Continue with direction.
B. Recommend approval of the City initiated rezoning for Congress Park South Tract ^
from PCC (Planned Commerce Center) to MIC (Mixed Industrial and Commercial),
based upon positive findings with respect to Section 3.1.1 (Required Findings) and
Section 3.3.2 (Standards for Rezoning Actions) of the Land Development
Regulations, policies of the Comprehensive Plan, and Section 2.4.5(D)(5).
C. Recommend denial of a rezoning Congress Park South, based on a failure to make
positive findings.
Recommend approval of the City initiated rezoning of Tract A, a portion--Of Tract R
(Commerce Drive), and Tract L-2 (common landscape area) of Congress Park South
from PCC (Planned Commerce Center) to MIC (Mixed Industrial and Commercial),
based upon positive findings with respect to Section 3.1.1 (Required Findings) and
Section 3.3.2 (Standards for Rezoning Actions) of the Land Development Regulations,
policies of the Comprehensive Plan, and Section 2.4.5(D)(5).
Attachment:
· Location Map
· Exhibit A
P&Z Staff Report
Rezoning from PCC to MIC for Tract A of Congress Park South
Page 6
EXHIBIT A
Section 4.4.19 Mixed Industrial and Commercial (MIC) District:
(B) Principal Uses and Structures Permitted: The following types of use
are allowed within the MIC District as a permitted use:
(1) Industrial Uses. The manufacturing, repair and wholesale of items and
other uses as permitted at Section 4.4.20(B).
(2) Finance, Insurance, and Real Estate Services. Finance, insurance,
and real estate services as a secondary use within any one building, but only to the
extent that the floor area for the named uses (either accessory to an industrial use or
not) shall not exceed 25% of the floor area of the total building.
(3) Business Services. Business services as a secondary use within any
one building, but only to the extent that the floor area for all office uses (either
accessory to an industrial use or not) shall not exceed 25% of the floor area of the total
building. Such uses shall include, but not be limited to:
a) Accounting and bookkeeping services
b) Advertising services
c) Architectural and engineering services
d) Computer and data processing services
e) Correspondence and voca{ional schools
f) Credit reporting and collection
g) Detective and protective services
h) Legal services
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
/]
FROM: CITY MANAGER ~" I
SUBJECT: AGENDA ITEM # ;0' ~'- MEETING OF JANUARY 23. 1996
SECOND READING & PUBLIC HEARING FOR ORDINANCE NO. 4-96
CREZONING TRACT Eo CONGRESS PARK SOUTH)
DATE: JANUARY 12, !996
This is second reading and public hearing (quasi-judicial) for
Ordinance No. 4-96 which rezones Tract E of Congress Park South
from PCC (Planned Commerce Center) to OSR (Open Space and
Recreation). The subject property is located at the southwest
corner of Congress Park South, which is south of Atlantic Avenue on
the west side of Congress Avenue.
The proposed rezoning is a City-initiated corrective action to
apply an appropriate zoning classification. The property contains
an existing building which was converted to and is used as the
maintenance shed for the municipal golf course. It is owned by the
City, the tract having been donated to the City in 1983 by the
developer. Neither the existing use nor the size of the parcel
meet the requirements of the PCC district. The proposed OSR zoning
is the same as the zoning applied to the golf course which abuts
the tract to the south and west.
The Planning and Zoning Board considered this item at public
hearing on December 19, 1995, and voted 4 to 0 to recommend that
the rezoning be approved. At first reading on January 9th, the
Commission passed the ordinance by a vote of 4 to 0.
Recommend approval of Ordinance No. 4-96 on second and final
reading, based upon positive findings with respect to LDR Sections
3.1.! and 2.4.5(D)(5) (Required Findings), Section 3.3.2 (Standards
for Rezoning Actions), and policies of the Comprehensive Plan.
ref:agmemol6
ORDINANCE NO. 4-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED PCC (PLANNED COMMERCE CENTER)
DISTRICT IN THE OSR (OPEN SPACE AND RECREATION)
DISTRICT; SAID LAND BEING TRACT E OF CONGRESS PARK
SOUTH, LOCATED ON THE WEST SIDE OF CONGRESS AVENUE,
SOUTH OF ATLANTIC AVENUE, AS MORE PARTICULARLY
DESCRIBED HEREIN; AND AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated April,
1994, as being zoned PCC (Planned Commerce Center) District; and
WHEREAS, at its meeting of December 19, 1995, the Planning
and Zoning Board for the City of Delray Beach, as Local Planning
Agency, considered this item at public hearing and voted 4 to 0 to
recommend approval of the rezoning, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of OSR (Open Space and
Recreation) District for the following described property:
Tract E, CONGRESS PARK SOUTH REPLAT, recorded in Plat
Book 71, Page 190, of the Public Records of Palm
Beach County, Florida.
The subject property is located south of Atlantic
Avenue on the west side of Congress Avenue;
containing 0.87 acres, more or less.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
Section ! hereof.
Section ~, 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.
~ection 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 23rd day of January , 1996.
ATTEST:
~ City ~lerk t
First Reading January 9f 1996
Second Reading January 23, 1996
- 2 - Ord. No. 4-96
DELRA Y
SOUTH COUNTY
ADMINIS TRA TI VE
PARK COMPLEX
I
BEA CH · o
MIC o
OSR
SAFEWAY
PCC ~
S TORA CE
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GOLF
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DELRA Y
COLD
COURSE S TORA GE
N CONGRESS PARK SOUTH
,.,.,.,,,...,, ,~,.A.'..,E.', TRACT -E-
CITY OF DELRAY BEACH, FL
-- O/G/TAZ 8AEE' M,a.P EYE/EM --
CITY COMMISSION DOCUMENTATION
TO: D,D~VID T. HARDI~N, CiTY MANAGER
DIANE DOMING'OEZ, DIRE(~FOR~
THRU: .~DEP/~RTMENT~ OF PLANNII~'G-A'ND ZONING
AUL DORL NG, /,~,INCIPAL PLANNER
SUBJECT: MEETING OF JANUARY 9, '1996
APPROVAL ON FIRST READING OF A CITY INITIATED
CORRECTIVE REZONING OF TRACT E OF CONGRESS PARK
SOUTH FROM PCC (PLANNED COMMERCE CENTER) TO OSR
(OPEN SPACE AND RECREATION).
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of approval on first reading
of an ordinance for a City initiated corrective rezoning request from PCC
(Planned Commerce Center) to OSR (Open Space and Recreation).
The subject property is a .8698 acre tract within the Congress Park South
development located on the west side of Congress Avenue south of Atlantic
Avenue.
BACKGROUND:
On October 24,1995 the City Commission approved the rezoning of 14.62
acres from LI (Tracts B & C) and PCC (Tract D) to MIC (Mixed Industrial and
Commercial) for a portion of Congress Park South associated with future
expansion of the Levenger warehouse. This rezoning left Tract A and Tract E of
Congress Park South with a zoning designation of PCC. As neither tract is
appropriately zoned (does not contain appropriate uses nor meet minimum size
requirements of the PCC) the Planning and Zoning Board initiated a rezoning of
these tracts to OSR (Tract E) and MIC (Tract A). The rezoning of Tract E from
PCC to OSR is the subject of this request and Tract A is also before the
Commission as a separate agenda item.
ANALYSIS:
The proposal is a City initiated corrective rezoning from PCC to OSR for the
.8698 acre tract within the Congress Park South development. The parcel
contains an existing maintenance building utilized by the Delray Beach Municipal
Golf Course and owned by the City of Delray Beach. The proposed OSR zoning
is similar to the zoning applied to the Delray Municipal Golf Course, which abuts
the tract to the south and west.
For additional background and analysis see attached Planning and Zoning staff
report.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered this item at its December 19, 1995
meeting. No one from the public spoke on this item and the Board unanimously
(4-0) recommended approval.
RECOMMENDED ACTION:
By motion, approve on first reading an ordinance rezoning Tract E of Congress
Park South from PCC (Planned Commerce Center) to OSR (Open Space and
Recreation), based upon positive findings with respect to Section 3.1.1 (Required
Findings) and Section 3.3.2 (Standards for Rezoning Actions), Section 2.4.5
(D)(5) of the Land Development Regulations, and policies of the Comprehensive
Plan.
Attachments:
Location Map
P&Z Staff Report
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: December 19, 1995
AGENDA ITEM: V.C.
ITEM: City initiated rezoning from PCC (Planned Commerce Center) to OSR
(Open Space and Recreation) for Tract "E" Congress Park South,
located on the west side of Congress Avenue, south of Atlantic Avenue.
GENERAL DATA:
Owner ............................. City of Delray Beach
Applicant ......................... David Harden, City Manager
City of Delray Beach
Location ........ ~i.i .............. On the west side of Congress
Avenue, south of Atlantic Avenue.
Property Size .................. 0.87 acres
Future Land Use Map ..... Commerce
Current Zoning ............... PCC (Planned Commerce Center)
Proposed Zoning ............ OSR (Open Space and
Recreation)
Adjacent Zoning .... North: MIC
East: MIC
South: OSR (Open Space and
Recreation)
West: OSR
Existing Land Use .......... Existing Golf Course Storage and
Maintenance Yard.
Proposed Land Use ........ No change.
Water Service ................. Existing on site.
Sewer Service ................ Existing on site.
V.C.
The action before the Board is that of making a recommendation on a City
initiated corrective rezoning request from PCC (Planned Commerce Center) to
OSR (Open Space and Recreation).
The subject property is a .8698 acre tract within the Congress Park South
development located on the west side of Congress Avenue south of Atlantic
Avenue.
Pursu_an.t to Section 2.2.2 (E), the Local Planning Agency shall review and make
a recommendation to the City Commission with respect to rezoning of any
property within the City.
On May 24, 1983 the City Commission approved a Future Land Use Map
Amendment from PRD-4 to PCC and a zoning change from PRD - 4 to PCC for
Congress Park South (24.25 acres). On the same date the Commission also
approved a conditional use and site plan request to establish 236,190 of
warehouse/research and light industrial use in four separate buildings
(Ordinance 32-83). The Congress Park South development was divided into
five separate tracts (Tracts A-E) with four tracts containing industrial buildings
and one an existing maintenance building (subject parcel- Tract E). On June
28, 1983 the City Commission accepted the donation of the subject tract by the
developer. The existing building was converted to the maintenance shed for the
Delray Beach Municipal Golf Course. On October 25, 1983 the final plat for
Congress Park South was approved.
One of the four originally approved buildings has been constructed on Tract A.
In 1993 a request was received to rezone 12.41 acres (Tracts B &C) of the
Congress Park South from PCC to LI to accommodate the Levenger warehouse
development. The City Commission approved the rezoning request on March
23, 1993 (Ordinance 25-93). A related site plan was approved by the SPRAB
and the warehouse has been constructed.
On October 24,1995 the City Commission approved the rezoning of 14.62
acres from LI (Tracts B & C) and PCC (Tract D) to MIC (Mixed Industrial and
Commercial) associated with future expansion of the Levenger warehouse. This
rezoning left Tract A and Tract E with a zoning designation of PCC. As neither
tract is appropriately zoned (does not contain appropriate uses nor meet
minimum size requirements of the PCC) the Planning and Zoning Board initiated
Planning and Zoning Staff report
Rezoning PCC to OSR (Tract E)
Page 2
a rezoning of these tracts to OSR (Tract E) and MIC (Tract A). The rezoning of
Tract E from PCC to OSR is now before the Board.
The proposal is a City initiated corrective rezoning from PCC to OSR for the
.8698 acre tract within the Congress Park South development. The parcel
contains an existing maintenance building utilized by the Delray Beach Municipal
Golf Course and owned by the City of Delray Beach. The proposed OSR zoning
is similar to the zoning applied to the Delray Municipal Golf Course, which abuts
the tract to the south and west.
REQUIRED FINDINGS: (Chapter 3):
Pursuant to Section 3.1.1 (Required Findings), prior to the approval
of development applications, certain findings must be made in a
form 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 zoning
district and the zoning district must be consistent with the land use
designation.
The current Future Land Use Map designation for the subject property is
Commerce. The requested zoning change is from PCC ( Planned
Commerce Center) to OSR (Open Space and Recreation). The
proposed zoning designation of OSR is consistent with the Commerce
Future Land Use designation. The existing use of the tract (golf course
maintenance facility) is an accessory use of the golf course pursuant to
Section 4.4.27 (C).
Concurrency: Facilities which are provided by, or through, the City shall
be provided to new development concurrent with issuance of a Certificate
of Occupancy. These facilities shall be provided pursuant to levels of
service established within the Comprehensive Plan.
The proposed rezoning is corrective in nature and no change in land use will
occur. Therefore, the proposed rezoning will have no impact with respect to
Planning and Zoning Staff report
Rezoning PCC to OSR (Tract E)
Page 3
Concurrency (traffic, water, sewer, police, fire, parks and recreation, solid
waste).
Consistency: Compliance with the performance standards set forth in
Section 3.3.2 (Standards for Rezoning Actions) along with required
findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon
which a finding of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in the
making of a finding of overall consistency.
Section 3.3.2 (Standards for Rezoning .Actions): The applicable
performance standards of Section 3.3.2 and other policies which apply are
as follows:
D) That the rezoning shall result in allowing land uses which are
deemed compatible with adjacent and nearby land uses both
existing and proposed; or that if an incompatibility may occur, that
sufficient regulations exist to properly mitigate adverse impacts from
the new use.
Parcels adjacent to the subject parcel to the west and south are zoned OSR and
contain the municipal golf course. Parcels to the north and east are zoned MIC
(Mixed Industrial and Commercial) and contain commercial/warehouse uses in
the Congress Park South (Levenger Facility). The proposed zoning designation
is compatible with all the surrounding land uses.
Section 2.4.5(D)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(D)(1) (Findings), in addition to provisions of
Section 3.1.1, the City Commission must make a finding that the rezoning
fulfills one of the reasons for which the rezoning change is being sought.
These reasons include the following:
a. That the zoning had previously been changed, or was
originally established, in error;
b. That there has been a change in circumstances which make
the current zoning inappropriate;
c. That the requested zoning is of similar intensity as allowed
under the Future Land Use Map and that it is more appropriate
for the property based upon circumstances particular to the
site and/or neighborhood.
Planning and Zoning Staff report
Rezoning PCC to OSR (Tract E)
Page 4
The applicable reasons are A and C. The original PCC zoning was established
with the development of Congress Park South. However, immediately after
approval the parcel was dedicated to the City and placed in an open space use.
The proposed OSR designation is of less intensity than the PCC and is more
appropriate giving the existing open space and recreation use for which the tract
is being utilized.
A review of the objectives and policies of the adopted Comprehensive Plan
and no applicable policies were found.
Compliance with Land Development Regulations: The proposed use is to
be in compliance with the Land Development Regulations. Items identified
in the'rand Development Regulations shall specifically be addressed by
the body taking final action on a land development application/request.
As the corrective rezoning does not involve any development proposal
compliance with the LDR's is not an issue.
The rezoning is not in a geographic area requiring review by either the HPB
(Historic Preservation Board), DDA (Downtown Development Authority) or the
CRA (Community Redevelopment Agency).
Neighborhood Notice:
Formal public notice has been provided to property owners within a 500' radius
of the subject property.
Courtesy notices have been sent to the following persons who have requested
notification of petitions in this area. Letters of objection, if any, will be presented
at the P & Z Board meeting.
* Helen Coopersmith, PROD
* Lillian Feldman, Delray Property Owners
* Golfview Condominiums
The proposed rezoning of Tract E can be recommended for approval based on
the positive findings outlined in this report and summarized below. The
proposed zoning designation of OSR is of less intensity and more appropriate for
the tract given the existing use. Further, the proposed zoning designation is
Planning and Zoning Staff report
Rezoning PCC to OSR (Tract E)
Page 5
similar to designations applied to the balance of the municipal golf course and
compatible with the surrounding land uses.
A. Continue with direction.
B. Recommend approval of the rezoning of Tract E of Congress Park
South from PCC to OSR, based on positive findings with respect to
Section 2.4.5(D)(1) (Rezoning Findings), Section 3.1.1 (Required
Findings), and the Performance Standards of Section 3.3.2.
Recommend denial of a rezoning from PCC to OSR for Tract E of
Congress Park South based on a failure to make positive findings.
Recommend approval of the rezoning request for Tract E of Congress Park
South from PCC (Planned Commerce Center) to OSR (Open Space and
Recreation), based upon positive findings with respect to Section 3.1.1 (Required
Findings) and Section 3,3.2 (Standards for Rezoning Actions) of the Land
Development Regulations, policies of the Comprehensive Plan, and Section
2.4.5(D)(5).
Attachments:
Location Map
Report prepared by: Paul Dorling, Principal Planner
Writer's Dkcct Line: (40?) 243-7091
DELRAY BEACH
MEMORANDU~
TO: City Commission
David Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Ordinance Amending the City's Code Relating to Funding of Collective
Bargaining Agreements
The State passed legislation this year which amends certain provisions of State law
governing labor organizations and the funding of collective bargaining agreements. The
State Public Employee Relations Commission (PERC) has issued an order requiring that
the City amend its ordinances to bring its ordinance into compliance with state law. The
City's "mini-PERC" is charged with complying with state law.
Attached please find the ordinance, the State PERC order and a copy of the recently
enacted state law. The order from State PERC requires compliance within sixty (60)
days of its order. Thus, our office requests that the attached ordinance be placed on the
January 9, 1996 and January 23, 1996 City Commission agendas, for first and second
readings respectively.
Please call if you have any questions.
Attachment
cc: Alison MacGregor Harty, City Clerk
Jeff Pheterson, Esq.
Anita Barba, Executive Assistant, City Clerk
Ned Gusty, Director of Human Resources
fundord.sar P/~,SS~) /'~7'~/~',~/~')~ -- ,Z//_~ //t~/f~::~
ORDINANCE NO. 5-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE
POLICIES AND BENEFITS", SUBHEADING "PUBLIC EMPLOYEE
RELATIONS" SECTION 35 037, "COLLECTIVE BARGAINING;
, ·
APPROVAL OR REJECTION" OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
SUBSECTION 35.037(B) AND BY CREATING A NEW SUBSECTION
35.0425, "FINANCIAL URGENCY", TO CONFORM THE CITY'S
ORDINANCES TO STATE LAW; PROVIDING THaT IN THE EVENT
A FINANCIAL URGENCY REQUIRES MODIFICATION OF A
COLLECTIVE BARGAINING AGREEMENT THAT THE IMPACT BE
NEGOTIATED, AND THAT CERTAIN PROCEDURES BE FOLLOWED;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida enacted
Chapter 95-218, which was effective July 1, 1995; and
WHEREAS, the City has received an order from the State of
Florida Public Employees Relations Commission directing the City to
amend its local option ordinance to amend its law and include the
newly created provision; and
WHEREAS, the City Commission has established a local Public
Employees Relations Commission, known as the "mini-PERC", which is
required to abide by state law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 35, "Employee Policies and
Benefits", subheading "Public Employee Relations", Section 35.037,
"Collective Bargaining; Approval or Rejection", Subsection 35.037(B),
of the Code of Ordinances of the City of Delray Beach be, and the same
is hereby amended to read as follows:
(B) Upon execution of the collective bargaining agreement,
the chief executive shall, in his annual budget request, or by other
appropriate means, request the legislative body to appropriate those
amounts as shall be sufficient to fund the provisions of the
collective bargaining agreement. ~/~/~/~¢/~¢~¢~/~~/~
Section 2. That Chapter 35, "Employee Policies and
Benefits", subheading "Public Employee Relations", of the Code of
Ordinances of the City of Delray Beach be, and the same is hereby
amended by enacting a new Section 35.0425, "Financial Urgency", to
read as follows:
Section 35.0425 Financial Urgency.
In the event of a financial urgency requiring modification
of an agreement, the chief executive officer or his representative and
$h$ Sarqaining agent or its representative shall meet as soon as
possible to negotiate the impact of the financial urgency. If after a
~easonable period of negotiation which shall not exceed fourteen (14)
days, a dispute exists between the public employer and the bargaining
agent, an impasse shall be deemed to have occurred and one of the
parties shall so declare in writing to the other party and to the
commissiQD, Th~ partig~ ~h~ll ~hen proceed to the provisions of
Section 35,039. "Resolution of Impasses". An unfair labor practice
¢harge sh~ll not ~ f%l~ durinq the fourteen (14) days during which
negotiations are occurring pursuant to this section.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 23rd day of January, 1996.
ATTEST:
: City ~lerk
First Reading January 9, 1996
Second Reading January 23, 1996
- 2 - Ord. No. 5-96
STATE OF FLORIDA
PUBLIC EMPLOYEES RELATIONS COMMISSION" NOV 29 1995 .'. !'
:
CITY OF DELRAY BEACH LOCAL :
OPTION ORDIN.~2~CE . :
:
: Case No. LO-95-008
:
: ORDER DIRECTING RESPONSE
:
Susan Ruby, Delray, attorney for City of Delray Beach.
The Florida Public Employees Relations Commission (Commis-
sion) has a continuing responsibility under Section 447.603,
Florida Statutes, to ensure that local option ordinances
encompass substantially equivalent rights and procedures as those
set forth in Chapter 447, Part II, Florida Statutes. A public
employer operating pursuant to a local option ordinance has a
concomitant responsibility to ensure that the ordinance grants to
its public employees substantially equivalent rights and proce-
dures as set forth in Chapter 447, Part II. See City of
Pensacola v. Florida PERC, 358 So.2d 589 (Fla. 1st DCA 1978).
Consequently, the Commission periodically reviews local option
ordinances for substantial equivalency to Chapter 447, Part II.
The 1995 Florida Legislature amended Chapter 447, Part II,
to include the following provision regarding the modification of
collective bargaining agreements due to financial urgency:
In the event of a financial urgency requiring
modification of an agreement, the chief
executive officer or his representative and
the bargaining agent or its representative
shall meet as soon as possible to negotiate
the impact of the financial urgency. If
LO-95-008
after a reasonable period of negotiation
which shall not exceed 14 days, a dispute
exists between the public employer and the
bargaining agent, an impasse shall be deemed
to have occurred and one of the parties shall
so declare in writing to the other party and
to the commission. The parties shall then
proceed pursuant to the provisions of
s. 447.403. An unfair labor practice charge
shall not be filed during the 14 days during
which negotiations are occurring pursuant to
this section.
S 447.4095, Fla. Stat. (1995).
Accordingly, the Commission DIRECTS the City of. Delray Beach
to amend its local option ordinance to incorporate such a provi-
sion. The City shall have sixty days from the date of this order
to submit the amendment as outlined above. § 447.603(3), Fla.
Stat. (1993).
It is so ordered.
HORNE, Chairman, and ANTHONY, Commissioner, concur.
I HEREBY CERTIFY that this,~cument_lwa$, filed and a copy
served on each party on .--.~.~/~"~/ .~.~./~ , ,
19~5 . ,
2
Ch. 95-217, § 2 x999 Rs~tmx~ SrSSION
(d) An e~xempt/on that is created or revived and reenacted must cont~/n uniform language
· '! that clearly states the sec~on in the Florida Statutes from which it is exempt, s. 119.07(1) or
s. 286.011. The uniform language must also provide for the maximum public access ~o the
meetings and records as is consistent with the purpose of the e.xemp~/on. An e.xemp~ion that
is created or substant~ly ~nended must state that the exemption is repealed at the end of 5
years and that the exemption must be reviewed by the Legislature before the scheduled date
~: of repeal
':'~ (e) Notwithstanding s. 768-~ or any other law, neither the state or its poli~cal subdivis/ons'
nor any other public body shall be made party to any suit in any court or incur any l/ability
for the repeal or revival and reenacUment of an exemption under this section. The failure of
the Legislature to comply sm'icily with this section does not invalidate an otherwise valid
Section 3. Section 2~$.0111, Flor/da Statutes, is amended to read:
286.0111. Legislative rev/ew of certain exemptions from requirements for public meet.
in~ and re¢ordkeePing by governmental entities
The previsions of s. 119.15 r,~Ul$j~, the Open Government Sunset Review Act of 1995.
apply to the provisions of law wh/ch provide exemptions to s. 256.011, as provided in s. 119.15
Section 4. iVotwithstand/ng any provision of law to the contrary, eXempc/ons from chapter
119, Flor/da Statutes, or chapter 286, Flor/da Statutes. which are prescribed by law and are
specifically made subject to the Open Government Sunset Review Act in accordance with
section 119.14, Flor/da-Statutes, are not subject to review under tha: ac:, and are no~
abrogated by the operation of that' act, after October 1, 1995.
Section 5. This act shall take effect October 1, 1995.
Became ~ law without the Governor~.~ppmval June 9, 1995.
Filed in Office Secretary' of Sta~e June 8, 1995.
.........
An act relating to collective bargaining;, amending s. 447.309, F~q.; revising language with respect
to funding the provisions of a collective bargaining agreement I~.the Florida Legislature;
creating s. 447.4095, F~.; providing for negotiating the impact of a ~mncial urgency;
providing an effective date.
Scion 1. Subsection (2)~of set,on 447~09,. Flor/da ~ta~te~, is amended to ~ead:
447~09. Collective bm~ainlng;, approval or rejection
(2)(a) Upon execution o~ the collec~ve b~g agreement, the chief ~xec~ve ~ in
his ~ual budget request or by. other apprepr/ata means, request the leg~sla~ve body to
~pproprlate.such am.ount~ as shaU be su~eient to. fund. the provi~o~ of the collec~ve
(b) If th~*b '~' "' ' ement in which less than'the
r~ested ~ted b the Lc' lacare, ~e .coAlec~ve bargaining ~greement
shall be admin~ter~ ' on the ba.~s og the amounts appropriated
by the ~ toi~-~. The fa~re o~ the ~ ~ .to
appropr/ate-~--f~n--d~U/~ic~ent to band the collectore b~rgain~g agreement ~ not cous~imte,
15,?,4 ..Addmons am indic~ted ~. underline:, deteUm. I~/. ~
1995 REGULAR SESSION Ch. 95-219, § 1
or be evidence of, any urLfair labor practice. All collective b -- a ements entered
in~o bv the state are subject to the au ro riations owers of r~e Le ' lamre, and the
~ious of ~ section shaft not conffic~ with the exclusive auth~lat%Lre to
~oria~e funds.
Section 2. Section 447.4095, Florida Statu~es, is crea~ed to read:
447.4095. Financial urgency
In the event of a financial urgency requiring modification of an agreement, the chief
~xecu~ive officer or his representative and the bargain~g agent or its representative shall
meet as soon as possible to nego~Ue the impac~ of the financial urgency. If after a
reasonable period of nego~ation w~ich shall not exceed 14 days, a dispute ez~sr~ between the
public employer and the bargain/rig agent, an impasse shall be deemed to have occurred and
one of the parties shall so decla~ in writing to the other party and to the commission. The
parties shall then pruceed pursuant to the prov~ons of s. 447.403. An u~a~r labor practice
charge shall not be filed during the 14 days during which negotiations are occurring pursuant
to this section.
See~on 3. This ac~ shall take effect July 1, 1995.
Bec~ne a law without the Governor's approval June 9, 1995.
Filed in Office Secre~y of State June 8, 1995.
INSURANCE~UNF.Z..IR COMPETITION AND UNFAIR
OR DECEPT1ArE ACT~CHU1LNING
Chapter 95-219
S.B. No. 906
An a~t relating to insurance; amending s. 626.~d41, F.S.; prohibiting the' practice of churning as an
unfair method of competition and an unfair or deceptive act or practice; requiring insurers to
adopt written procedures to avoid churning of life insurance policies or annuity contracts;
· pr~iding that failure to adopt such procedures constitutes an unfair method of competition
and an unfair or deceptive act or practice~ amending s. 627.0916, F.~q.; providing that premiums
paid for workers' compensation and employers' liability insurance for certain agricultural
horse farms to be applied proportionately according to payroll; providing an effective date.
Be It Enacted by the Le~izlat~ of th~ Stats of Florida:
Section L Paragraph (03) is added to subsection (1) of sec~on 626.9541, Florida' Statutes,
626.9541. Unfair methods of competition and unfair or deceptive acts or practices
defined
(1) UNFAIR METHODS OF COM~PETITION AND UNFAIR OR DECEPTIVE
ACTS.raThe following are defined as unfaix- methods of competition and unfair or deeep~ive
acts or prances:
(aa) Chur~g.--
1. ~urnin ~the z'ac~ce wbereb 'values in an ~ life~
~~u_din~, bu~ n. ot _limited t~____ aiues, or dividend val~
riders to that licv ~ conu-ac~. ~ u~lized to purchase another insurance ~__~_.or annuity
con~ with tha~ same insurer for the our~ose of earflin additional rexmums fees,
commissions, or other compensation: .
a. W~out _an ob'ectivel re~nable bas~s~' for be.li~e.~_vin~lacement or ~xtr~ction
will result ~ ~ actual and demons~2-able ~ ~ the ~
CITY COMMISSION DOCUMENTATION
THRU: : ~L.
DEPARTMENT O~ P~,NNING~AI~) ZONING
FROM: ,.,,/JEFF~ERKINS, SENIOR PLANNER
SUBJECT: MEETING OF JANUARY23, 1996
REZONING OF A 7.84 ACRE PARCEL OF LAND (FULL GOSPEL
ASSEMBLY PROPERTY) FROM R-I-A (SINGLE FAMILY
RESIDENTIAL) TO CF (COMMUNITY FACILITIES).
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is the approval on first reading
of the rezoning of the Full Gospel Assembly property from R-1-A (Single
Family Residential) to CF (Community Facilities).
The subject property is a 7.84 acre parcel, containing a commercial
nursery and several associated residential structures, located at the
southwest corner of S. Swinton Avenue and SW 10th Street. The legal
description for the subject property is attached as Appendix "A."
BACKGROUND:
A portion of the subject property (Parcel 8) was platted as Southridge Plat #3 in 1953.
The remainder of the property is unplatted. Parcel 8 contains a number of structures
that were part of a nursery operation established under the C-2 zoning district. Parcels
1, 4, and 5 are vacant. The entire property has been zoned R-1-A since 1972.
The development proposal is to rezone a 7.84 acre portion of the property from R-1-A
to CF to accommodate the construction of a church and associated accessory uses.
Three associated parcels that are currently developed with residential structures will
remain in the R-I-A district.
The applicant has submitted a sketch plan which shows a 500 seat church with 173
parking spaces. The church and parking take up 4.36 acres of the site. The
remaining 3.48 acres will be reserved for the addition of accessory uses (such as a
City Commission Documentation
Full Gospel Assembly - Rezoning from R-1-A to CF
Page 2
school and day care) at a later date. Refer to the attached Planning and Zoning
Board staff report for a full analysis of this rezoning request.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered this item at its meeting of June 19, 1995
and voted unanimously to recommend approval. There was no public comment on
the item. The item has been on hold since that time due to discrepancies between the
submitted survey and the legal descriptions of the subject parcels. Those issues have
since been resolved.
The establishment of churches in the southwest area of the City has created some
controversy, due to the number of churches in the area and their impact on the
neighborhood. This particular rezoning was considered by the P&Z Board prior to the
conditional use hearing for the Emmanual Evangelical Lutheran Church, and was one
of the approved churches included in the list and map provided as the basis for that
denial. It is noted that the Full Gospel Assembly is not located within a neighborhood,
rather, it is at the corner of two collector streets. It is not likely to bring significant
traffic into any neighborhood.
RECOMMENDED ACTION:
By motion:
Approve on first reading the rezoning of the subject property (Full Gospel Assembly
property) from R-I-A (Single Family Residential) to CF (Community Facilities)
Attachment:
[] Appendix "A"
t:l P&Z Staff Report
ORDINANCE NO. 7-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED R-1-A (SINGLE FAMILY RESIDENTIAL)
DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT;
SAID LAND BEING GENERALLY LOCATED AT THE SOUTHWEST
CORNER OF S.W. 10TH STREET AND SWINTON AVENUE, AS
MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1994";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated April,
1994, as being zoned R-1-A (Single Family Residential) District; and
WHEREAS, at its meeting of June 19, 1995, the Planning and
Zoning Board for the City of Delray Beach, as Local Planning Agency,
considered this item at public hearing and voted unanimously to
recommend approval of the rezoning, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of CF (Community
Facilities) District for the following described property:
Lots 1 through 23, inclusive, Plat No. 3, Southridge
Subdivision of the City of Delray Beach, Florida, as
per the Plat thereof on file in the Office of the
Clerk of the Circuit Court in and for Palm Beach
County, Florida, recorded in Plat Book 24, Page 24,
as well as that parcel or quantity of land abandoned
by the City of Delray Beach, Florida, on March 7,
1960, which quantity of land comprises the 50 foot
right-of-way of S.W. 10th Court, less that portion of
the subject property involved in the widened
right-of-way of South Swinton Avenue, as described by
deed recorded in Official Record Book 1659, Page 937,
Public Records of Palm Beach County, Florida.
(Parcel 8)
AND
The west 99 feet of the east 287.74 feet of the north
quarter (N 1/4) of the east half (E 1/2) of Lot 13,
Section 20, Township 46 South, Range 43 East, less
the east 15 feet of the south 85 feet thereof,
according to the Plat thereof on file in the Office
of the Clerk of the Circuit Court in and for Palm
Beach County, Florida, in Plat Book 1, Page 4, and
also less the north 40 feet thereof for right-of-way
of S.W. 10th Street (Germantown Road). (Parcel 5)
AND
The west 175 feet of the north 120.9 feet of the east
half (E 1/2) of Lot 13, Section 20, Township 46
South, Range 43 East, according to the Plat thereof
on file in the Office of the Clerk of the Circuit
Court in and for Palm Beach County, Florida, in Plat
Book 1, Page 4, less the north 40 feet thereof for
right-of-way of S.W. 10th Street (Germantown Road),
and also less the west 10 feet thereof. (Parcel 1)
AND
The south half (S 1/2) of the north half (N 1/2) of
the east half (E 1/2) of Lot 13, Section 20, Township
46 South, Range 43 East, according to the Plat
thereof on file in the Office of the Clerk of the
Circuit Court in and for Palm Beach County, Florida,
in Plat Book 1, Page 4, less the west 10 feet thereof
and also less therefrom that portion conveyed to the
City of Delray Beach in Official Record Book 1659,
Page 929, for right-of-way for Swinton Avenue.
(Parcel 4)
AND
The west 175 feet of the north half of the northeast
quarter of Lot 13, Section 20, Township 46 South,
Range 43 East, according to the Plat thereof on file
in the Office of the Clerk of the Circuit Court in
and for Palm Beach County, Florida, as recorded in
Plat Book 1, Page 4, less and except the north 120.9
feet thereof, and less and except the west 10 feet
thereof. (Parcel 4A)
- 2 - Ord. No. 7-96
The subject property is generally located at the
southwest corner of S.W. 10th Street and South
Swinton Avenue; containing 7.84 acres, more or less.
Section 2, That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
$gc~ion 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 , 1996.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 3 - Ord. No. 7-96
8TH
SOUTHRIOC~
FULL GOSPEL ASSEMBLY
-- ~ ~~ --
APPENDIX "A"
Legal Description of the Subject Property
· Lots I through 23, inclusive, Plat No. 3, Southridge Subdivision of the City
of Delray Beach, Florida, as per the plat thereof on file in the Office of the
Clerk of the Circuit Court in and for Palm Beach County, Florida, Recorded
in Plat Book 24, Page 24, as well as that parcel or quantity of land
abandoned by the City of Delray Beach, Florida, on March 7, 1960, which
quantity of land comprises the 50 foot right-of-way of SW 10th Court, less
that portion of the subject property involved in the widened right-of-way of
South Swinton Avenue, as described by deed recorded in Official Records
Book 1659, Page 937, Public Records of Palm Beach County, Florida.
(Parcel 8)
and
· The west 99 feet of the east 287.74 feet of the north quarter (N 1/4) of the
east half (E 1/2) of Lot 13, Section 20, Township 46 South, Range 43 East,
less the east 15 feet of the south 85 feet thereof, according to the plat
thereof on file in the office of the Clerk of the Circuit Court in and for Palm
Beach County, Florida, in Plat Book 1, Page 4, and also less the north 40
feet thereof for right-of-way of SW 10th Street (Germantown Rd.). (Parcel
5)
and
· The west 175 feet of the north 120.9 feet of the east half (E 1/2) of Lot 13,
Section 20, Township 46 South, Range 43 East, according to the plat
thereof on file in the office of the Clerk of the Circuit Court in and for Palm
Beach County, Florida, in Plat Book 1, Page 4, less the north 40 feet thereof
for right-of-way of SW 10th Street (Germantown Rd.), and also less the
west 10 feet thereof. (Parcel 1)
and
· The south half (S 1/2) of the north half (N 1/2) of the east half (E 1/2) of Lot
13, Section 20, Township 46 South, Range 43 East, according to the plat
thereof on file in the office of the Clerk of the Circuit Court in and for Palm
Beach County, Florida, in Plat Book 1, Page 4, less the west 10 feet thereof
and also less therefrom that portion conveyed to the City of Delray Beach in
Official Record Book 1659, Page 929 for right-of-way for Swinton Ave.
(Parcel 4)
and
City Commission Documentation
Full Gospel Assembly - Rezoning from R-1-A to CF
Page 2
· The west 175 feet of the north half of the northeast quarter of Lot 13,
Section 20, Township 46 South, Range 43 East, According to the Plat
thereof on file in the Office of the Clerk of the Circuit Court in and for Palm
Beach County, Florida, as recorded in Plat Book 1, Page 4, less and except
the north 120.9 feet thereof, and less and except the west 10 feet thereof.
(Parcel 4A)
'PLANNING & ZONING BOARD
CITY OF DELRAY BEACH' STAFF REPORT
MEETING DATE: June 19, 1995
AGENDA ITEM: V.B.
ITEM: Rezoning from R-1-A (Single Family Residential) District to CF (Community Facilites)
District for a Parcel of Land Located at the Southwest Corner of Swinton Avenue and
S.W. 10th Street for' the Full Gospel Assembly Church.
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GENERAL DATA:
Owner .............................................. Full Gospel Assembly
Agent ............................................... Dan Carter
Location ........................................... Southwest comer of ~W 10th street and South Swinton Avenue.
Property Size ................................... 7.84 acres
Future Land Use Map Designation.. Residential - Low Density (0-5 d.uJacre)
Existing Zoning ................................ R-1-A (Single Family Residential)
Proposed Zoning ............................. CF (Community Fadlities)
Adjacent Zoning ..................... North: R-1-A
East:R-1-A and RM (Medium Density Residential)
South: R-1-A
West:R-1-A
Existing Land Use ............................ Commercial nursery with associated residential structures.
Proposed Improvements ................. Construction of a 500 seat church with associated parking and
landscaping.
Water Service .................................. Existing 6" water main in S. Swinton Avenue, existing 6" main in SW
10th Street.
Sewer Service ................................. Existing 6" sanitary sewer main in S. Swinton Avenue.
The action before the Board is making a recommendation on a rezoning request from
R-1-A (Single Family Residential) to CF (Community Facilitates).
The subject property consists of Lots 1-23 of Plat #3 of $outhridge, the abandoned
right-of-way of SW 10th Court and 3 metes and bounds parcels with a total area of
7.84 acres. The parcel is located on the southwest comer of S. Swinton Avenue and
SW 10th Street.
Pursuant to Section 2.2.2(E), the Local Planning Agency shall review and make a
recommendation to the City Commission with respect to rezoning of any property
within the City.
A portion of the subject property (Parcel 8) was platted as Southridge Plat #3 in 1953.
The remainder of the property is unplatted. Parcel 8 contains a number of structures
that were part of a nursery operation established under the C-2 zoning district. Parcels
1,4, and 5 are vacant. The entire property has been zoned R-1-A since 1972.
The development proposal is to rezone the 7.84 acre parcel from R-1-A to CF. The
rezoning would accommodate the future construction of a church with associated
accessory uses. Three associated pErcels that are currently developed with
residential structures will remain in the R-1-A district.
The applicant has submitted a sketch plan which shows a 500 seat church with 173
parking spaces. The church and parking take up 4.36 acres of the site. The
remaining 3.48 acres will be reserved for the addition of accessory uses (such as a
school and day care) at a later date. The applicant tentatively plans to leave all of the
existing residential structures on the property. Three of the structures (parcels 2, 6,
and 7) will remain in the current R-1-A district. Two residences on the parcel to be
constructed with the proposed church (parcel 8) would be in the CF district. The
sketch plan is not subject to approval or denial at this time, and is submitted for
illustrative purposes only.
P&Z Staff Report
Rezoning from R-1-A to CF for Full Gospel Assembly
Page 2
REQUIRED FINDINGS.: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the apProval of
development applications, certain findings must be made in a form 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 zoning
district and the zoning district must be consistent with the land use designation.
The current Future Land Use designation for the subject property is Low Density
Residential. The requested zoning change is from R-1-A (Single Family Residential)
to CF (Community Faculties). The proposed CF zoning designation is consistent with
the Low Density Residential Future Land Use Map designation.
Concurrency: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
Traffic:
.The applicant has submitted a traffic study for the proposed church indicating that the
site will generate 186 Average Daily Trips (ADT). Capacity is available on Swinton
Avenue to accommodate the 186 ADT. Concurrency findings for a rezoning must,
however, consider the ultimate development potential of the site under the proposed
zoning compared to the existing.
The current R-1-A (Single Family Residential) zoning designation generally permits
only single family residential at a maximum density of 5 units per acre.. The Palm
Beach County Traffic Performance Standards Ordinance establishes traffic generation
rates of 10 ADT per unit for single family residences. With R-1-A zoning and a density
of 5 units per acre (39 units) 390 trips would be generated. The ultimate development
potential of the site would be the proposed church with associated facilities, such as a
school and day care. Based on a development scenario in which the church adds a
day care facility serving 50 children and a school accommodating 200 students to the
site, the church would generate a total of 587 ADT. Thus there is a net potential
increase of 197 ADT from the proposed rezoning.
P&Z Staff Report
Rezoning from R-1-A to CF for Full Gospel Assembly
Page 3
The 197 net trips which could be generated by development under the CF district can
be accommodated by the directly accessed roadway link (Swinton Avenue).
Based on the above a positive finding can be made at this time with regard to traffic
concurrency. Additional concurrency findings will be required with future proposals for
the site.
Water:
Water service is available to the site via an existing 6" water main located in the SW
10th Street right-of-way and a 2" main in Swinton Avenue. Development of the site ' '.'
will require extension of a water main through the property and looping of the system.
Addition of a fire hydrant will be required to r~eet maximum spacing.
Sewer:
Sewer service is available to the site from an existing 6" sewer main located in
Swinton Avenue.
Parks and Recreation:
Parks and Recreation dedications do not apply to non-residential developments.
Solid Waste:
The proposed 20,000 square foot church will generate 615 pounds of solid waste per
week. The church, however, only takes up about 4 acres of the total 7.83. If the
remaining 3.83 were developed with a school associated with the church, an
additional 6,173 pounds per week could be generated. Thirty-nine single family
residences would generate 2,985 pounds per week. The Solid Waste Authority
indicates in its annual report that the established level of service standards for solid
waste will be met for all developments until 2021.
Consistency: Compliance with the performance standards set forth in Section
3.3.2 (Standards for Rezoning Actions) along with required findings in Section
2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of
overall consistency is to be made. Other objectives and policies found in the
adopted Comprehensive Plan may be used in the making of a finding of overall
consistency.
Chapter 3 findings include the required findings of Section 3.'1.1 (Future Land
Use Map, Concurrency, Compliance with LDRs and Consistency). These
Chapter 3.1.1 findings are discussed in other sections of the report.
P&Z Staff Report
Rezoning from R-1-A to CF for Full Gospel Assembly
Page 4
Section 3,3,2 (Standards for Rezonin_o Actions): The applicable performance
standards of Section 3,3.2 and other policies which apply are as follows:
A) That a rezoning to other than CF within a stable residential area shall be '.
denied.
The subject property is not located in a stable residential area and the rezoning
is to CF.
D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land uses both existing and
proposed; or that if an incompatibility may occur, that sufficient
regulations exist to properly mitigate adverse impacts from the new use.
Parcels adjacent to and near the subject parcel to the north, south, and west
are primarily residential. As churches are permitted in the current R-1-A zoning
district, the proposed use will be compatible with the residences. The scale of
the proposed church makes the CF district, which provides for greater setbacks
and buffering, more appropriate for the property. The setback and buffering
requirements of the CF will ensure compatibility. To the east (across the F.E.C.
tracks) is a mix of dilapidated commercial, residential, and industrial uses.
Those properties will not be impacted by the proposed rezoning.
Standards "B" and "C" do not apply to this proposal
Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(1)
(Findings), in addition to provisions of Section 3.'1.1, the City Commission must
make a finding that the rezoning fulfills one of the reasons for which the
rezoning change is being sought. These reasons include the following:
a. That the zoning had previously been changed, or was originally
established, in error;
b. That there has been a change in circumstances which make the .
current zoning inappropriate;
c. That the requested zoning is of similar intensity as allowed under
the Future Land Use Map and that it is more appropriate for the
property based upon circumstances particular to the site and/or
neighborhood.
The applicant submitted a justification statement as a part of the rezoning application.
The statement indicates that the applicable reason is "c." The justification statement
is summarized below:
P&Z Staff Report
Rezonin9 from R-1-A to CF for Full Gospel Assembly
Page 5
The CF district is a special purpose district which is intended to permit uses which
serve public or semi-public purposes. The CF district is deemed to be appropriate in
any Future Land Use Map category. The proposed church or other CF uses (park,
child care, etc.) are included as conditional uses in the R-1 districts and can, therefore,
be considered to be similar in intensity. As the site is a small property located at the
comer of two collector streets, the-development proposal may be more appropriate'
than a 39 unit residential development. The site is also in close proximity to industrial
development and the F.E.C. railroad tracks, which decreases the likelihood that I will
be developed with single family residences.
A review of the Goals, Objectives, and Policies of the Comprehensive Plan was
undertaken and the following applicable Policies were identified.
Conservation Element Policy B-2,1: - Submission of a biological survey and a
habitat analysis shall accompany land use requests for...rezonings... However
this requirement shall not apply.., where it is that there are not such resources.
The subject parcel is in use as a commercial nursery and has been extensively
cleared. Thus, no significant biological resources exist on the site. A tree survey will
be required with the site plan submission.
Housing Element Policy A-1.5: Each neighborhood organization shall be
apprised of all land use matters whi(Jh impact their territory and which require
review by the Local Planning Agency.
Courtesy notices have been sent to all neighborhood groups in the area. See the
Neighborhood Notice section under the Review by Others portion of this report.
Housing Element Policy C-2.5: Development of remaining vacant properties
which are zoned for residential purposes shall be developed in a manner which
is consistent with adjacent development regardless of zoning designations.
This requirement refers primarily to the Site and Development Plan process.
Regardless of the zoning district (R-1-A or CF) assigned to the parcel, compatibility
with adjacent properties will be of utmost importance when considering a Site and
Development Plan for this parcel.
Based on the above, positive findings can be made with respect to Section 2.4.5(E)(5)
regarding compatibility.
Compliance with Land Develo_oment Regulations: The proposed use is to be in
compliance with the Land Development Regulations.
P&Z Staff Report
Rezoning from R-1-A to CF for Full Gospel Assembly
Page 6
Items identified in the Land Development Regulations shall specifically be
addressed by the body taking final action on a land development
application/request.
The applicant has submitted a Sketch Plan with this proposal. While the submitted
sketch plan is not being formally considered at this time, the following comments are
provided.
LDR Section 4.3.4(K) Development Standards Matrix:
The site's improvements, as proposed in .the sket~:h plan, will meet or exceed all
requirements of this section.
LDR Section 4.4.21(H) CF District Special Regulations
The CF district requires special setbacks to adjacent residential properties of a fifteen
foot landscaped area. This requirement is met by the proposed church and parking
lots. However, two existing structures encroach into the special setback. Those
structures will be removed with the development of the site.
LDR Section 4.6.9 Parking:
The parking requirement for churches is '1 space per three seats. The site plan shows
a 500 seat sanctuary, requiring 167 parking spaces. A total of 173 spaces are shown
on the sketch plan. Of the required spaces 5 are required to be handicap spaces and
none are shown on the sketch plan. Parking spaces, aisleways, and roads on the
sketch plan generally meet City design standards. A more thorough review of parking
lot design will be conducted during Site and Development Plan review.
LDR Section 4.6.16 Landscaping:
No landscape plan has been submitted at this time. The submission of a landscape
plan meeting all requirements of Section 4.6.16 will be required with the Site and
Development Plan submission.
Other Items:
Several existing residential structures and accessory structures associated with the
former nursery use are proposed to remain on the site. As the structures would be
non-conforming and are in poor condition, removal should be a condition of the site
plan approval.
P&Z Staff Report
Rezonin9 from R-1-A to CF for Full Gospel Assembly
Page 7
The rezoning is not in a geographic area requiring review by the HPB (Historic
Preservation Board), DDA (Downtown Development Authority) or the CRA
(Community Redevelopment Agency).
Neighborhood Notice:
Formal public notiCe has been provided to property owners within a 500' radius of the
subject property. A special Certified notiCe has been sent to each of the property
owners of record.
Courtesy notiCes have been sent to:
June Carr
Silver Terrace
who have requested notification of petitions in that area. Letters of objection, if any,
will be presented at the P & Z Board meeting.
The proposed rezoning of the subject 7.84 acre property to CF accommodates a use
which is a conditional use in the current zoning district. The CF district would give the
church greater flexibility to establish various accessory uses such as a school or day
care while requiring larger setbacks and buffers for adjacent residential properties. All
required public facilities and services.are available to serve the proposed
development. The CF zoning district is consistent with the Low Density Residential
FLUM designation. Required positive findings with respe~,t to Section 2.4.5(D)(5)
(rezoning findings), Section 3.1.1, and the performanCe standards of Section 3.3.2 can
be made. Based on the above, the proposed rezoning of the Full Gospel Assembly
property to CF is recommended for approval.
^. Continue with direction.
B. Recommend rezoning of the subject property from R-1-A to CF, based
on positive findings with respect to Section 2.4.5(D)(5) (rezoning
findings), Section 3.1.1, and the performance standards of Section 3.3.2.
P&Z Staff Report
Rezoning from R-1-A to CF for Full Gospel Assembly
Page 8
C. Recommend denial of a rezoning of the property, based on a failure to
make positive findings.
Recommend approval of the rezoning request for the Full Gospel Assembly property
from R-1-A (Single Family Residential) to CF (Community Facilities), based upon
positive findings with respect to Section 3.1.1 (Required Findings) and Section 3.3.2
(Standards for Rezoning Actions), Section 2.4.5(D)(5) of the Land Development
Regulations, and policies of the Comprehensive Plan, and
Attachment:
Location Map
Sketch Plan
Report prepared by: Jeff Perkins. Planner
COMMENTS FROM CITY COMMISSION
REGULAR MEETING OF JANUARY 23, 1996
11.B. Comments and Inquiries on Non-Aqenda Items from the
Public - Immediately followinq Public Hearings.
11.B.1. Clifford Durden, 702 E. Chatelaine Boulevard,
representing the Concerned Citizens Coalition of Delray Beach,
expressed concern over the dismissal of the Delray Beach Housing
Authority Executive Director Deborah Castellow. He asked that
the Commission analyze what happened and find a solution to the
situation.
13. Comments and Inquiries on Non-Aqenda Items.
13.A. City Manaqer
In response to a previous inquiry from the Commission,
the City Manager distributed a memorandum from the Director of
Planning and Zoning concerning the public participation process
for the Evaluation and Appraisal Report (EAR) for the
Comprehensive Plan. In addition, he distributed a report on the
current status of the FAMU Band special event.
13.B. City Attorney
The City Attorney had no comments or inquiries.
13.C. City Commission
13.C.1. Dr. Alperln
Dr. Alperin commented that the Backroom had received an
approval for use of the sidewalk in front of the business, but
apparently did not have the event. The City Manager advised that
they decided to stay inside.
Dr. Alperin asked if a report had been received back
from Mr. Hansen about the interlocal agreement with the School
Board for the Seacrest property? Robert Barcinski, Assistant
City Manager, reported that Mr. Hansen has been out ill and is
still working on it. A response is expected soon.
Regarding the Butler building on Lake Ida Road, Dr.
Alperin asked if the owner is complying, or making an attempt to
comply with the City code? Lula Butler, Director of Community
Improvement, reported that the owner is scheduled to come before
the Code Enforcement Board within the next two weeks. She noted
that the owner is continuing to do alot of work without permits.
13.C.2. Mr. Ellinqsworth
Mr. Ellingsworth had no comments or inquiries.
13.C.3. Mr. Randolph
Mr. Randolph had no comments or inquiries.
13.C.4. Mrs. Smith
Mrs. Smith had no comments or inquiries.
13.C.5. Mayor Lynch
Mayor Lynch reported that he had received a letter from
the Education Board concerning the naming of the park by the new
Orchard View Elementary School, and asking if there is interest
on the Commission's part in using this as a possible fund raiser.
The Mayor passed the letter along to staff to see if some type of
arrangement can be worked out with the School Board to possibly
raise some money through the naming of the park which could be
used for playground equipment.
With respect to grants, Mayor Lynch asked if the City
is doing well in this area? The City Manager stated that the
City is doing very well.
Mayor Lynch commented that he had received a letter
from the Boca Hotel which is interested in working out a tennis
arrangement. He passed the letter along to the City Manager.
Mayor Lynch commented on two newspaper articles he had
received which favorably mentioned Delray Beach and the city's
turnaround. One of the articles was from a Sarasota newspaper
and the other was from Crain's Detroit Business, Michigan (May 1,
1995).
In reference to the issue on the Housing Authority
which had been brought up earlier in the meeting, Mayor Lynch
stated it is his understanding that while the Commission appoints
members to the Authority, once they are appointed they are
regulated by State statute and the Commission does not have the
authority to overturn or change decisions made by them; they
operate independently of the Commission. He suggested that the
City Attorney convey this information to Mr. Durden so that he
understands the Commission does not have the authority to take
further action on the matter.
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: ~3a~vid Harden, C,,~ Manager
FROM: m~ngu r lng and Zoning
DATE: January 23, 1996
SUBJECT: EVALUATION AND APPRAISAL REPORT {EAR)
We have established an extensive public participation program to assist in
preparation of the EAR, and to make it a community effort. The following are
highlights of that process:
Citizen task teams will be convened to work with staff on the Housing,
Open Space & Recreation, Public Facilities, Coastal Management, and
Conservation Element EAR's. Team members will be selected from those
responding to advertisements, articles in the News For Neighborhoods,
flyers at the Town Hall Meeting, and letters to participants on the 1989
task teams. An orientation and meetings will be held in February and
early March. City Commissioners and P&Z Board Members will be invited
to attend. The end result of the task teams' work will be the draft EAR.
The draft EAR will be reviewed by the P&Z Board at noticed workshops
and public hearings to gain wider public input. These meetings will be
held in late March and April.
The final draft of the EAR will be transmitted to the Department of
Community Affairs (DCA), and to City Commission about May 1st. City
Commission will hold a workshop and at least one public hearing in June
and July to adopt the EAR and transmit it to DCA by August 1st for their
review regarding sufficiency of the document.
We should note that DCA staff has reviewed the public participation process and
found it consistent with their rules. In addition, we are working closely with DCA
during preparation of the EAR report. So far, they have found our methods,
format and products satisfactory, and, in fact, have given copies of our work to
other cities to use as a model.
S:\EAR\generaI\PUBLIC1
Memorandum
To: David Harden, City Manager
From: Lula C. Butler, Director, Community Improvement/~
Date: January 23, 1996
Subject: FAMU Band Special Event Activity
I have attached a copy of the final cost and revenue deposited for the FAMU Special Event
Activity. Michael Weiner has a letter going to all persons and/or businesses who made
pledges. He anticipates making a final report to the City on or before February 15th. It is
expected that we will collect the entire deficit balance.
Please feel free to contact me if you require further information.
EXPENSES - FAMU BAND
Annett Bus Lines $ 14,196.00
Atlantic High School Band 4,028.00
Dr. William Foster 7,427.00
FAMU Band 10,000.00
Police Dept - Overtime 908.41
Port Printing 265.35
Suncoast High School Band 800.00
Wrights Idea Unlimited 2,301.00
TOTAL COSTS $ 40,525.76
Ticket Sale Deposits $ 23,017.00
TOTAL DEFICIT $ (17,508.76)
Unpaid Item
Copies to:
6 tRAIN'S DETROIT BUSINESS u MAY 1, 1995 ' '" Bob earcinski
I I I III I I III I I II
Lula Butler
Diane Dominguez
Bill Greenwood
Ned Gusty
I Alison MacGregor Harry ~
Chief Overman
Michigan needs
Joe Sar ford
Joe Weldon
liability reform From Cil;¥ Hanager
A mong thc myriad proposed changes to tax and regu]a-
tory policies swirling about in Lansing and Washington,
product-liability reform is one that should attract strong
business support.
There is no question that the rights of consumers
must be protected and that defective products are sometimes
sold. But the justifiable rage at such cases of real negligence has
produced an ever-expanding body of law that unfairly penalizes
innocent busincsses.
We tend to think of product liability in terms of the multimil-
lion-dollar awards levied against mega-corporations like Mc-
Donald's Corp. or General Motors Corp. But the legal environ-
ment also can be toxic to new businesses -- the cost of a heavy
liability award can put an entrepreneur out of business. And
small businesses are hit disproportionately hard by continuing
legal and insurance costs.
In our opinion, Michigan Senate Bill 344, written by Joel Gou-
geon, R-Bay City, offers sensible and fair product-liability re-
forms. It would:
· Stop damage awards to people who were injured because
they were drunk or under the influence of drugs.
[] Ban damages to people whose alteration of products caused
an injury.
· Halt the practice of "joint and several liability," in which one
member of a group of defendants pays all the damages -- re-
gardless of the degree of guilt -- if other .d_e.f~nd.an!~.~r~__mlc~ola ._ ~
lectable. ~ ' "'-~- ---
· Inhibit court-shopping by requiring that cases be tried in the
county where an injury occurred.
Gougeon's proposal is more moderate than those in Congress,
omitting the punitive "losers pay" provision. It would allow for
full repayment of economic damages but limit "pain and suffer-
ing" damages to $225,000 in most cases.
It providesafairmeansofreininginliabilityexcessesaffiict-
Arts and culture d
ing Michigan businesses.
Detroit could learn a Editor: $craps, MosaicYout
We at Business Volunteers for the Plowshares Thcs
the Arts/Detroit, an organization develop the creative pr
lesson from Fla citydedicated to helping arts and cul- young people, enabling
tural organizations in our commu- velop innovative
® nity by bringing together business ture problems/opportm
and the arts, commend you for Arts and culture p~
The city was a mess. "Every- out attracting major new indus- your endorsement of the concept of new audiences, an imt
one was depressed," the mayor try or any mega-development, supplemental funding to support ity of life, while addin
said. The chamber-of-commerce Instead, the community took ad- the arts ("A regional tax to sup- the economic base of,
director called it "a laughing- vantage of local groups trying to port the art~ is a good idea," April nity.
stock." A county commissioner solve specific problems. As com- 10). Again, we commend
While there are several ideas as ion and hope that
called it "an embarrassment." munity leaders scored successes to how this funding should be de- leaders will take a po
The city was Delray Beach, and bdilt expertise, they took on signed, the issue remains that we tion on this and other
Fla. Despite its dire problems, more projects, need a better way to support arts cerning the vitality,
the city of 50,000 has turned Meanwhile, city government and culture in southeastern Michi- culture in Michigan.
around to the point where it's a adopted a new approach: It ex- gan. Funding is needed to support
prime example of how to reverse isted to support neighborhood not only the anchor organizations J. Robert Libcke
Executive director
re'ban decay, and interest groups in their cf- of our city -- the DSO, MOT, De- Business Volunteers for the
An article earlier this year in forts..- tr0it Historical Museum, DIA, Edi- Dstrott
son Institute, Museum of African. ,.~ ~;.:-. .. , .....
Floridc~ Trend, a regional busi- These sorts of homegrown, in ..... . ..- --. ............
American History, Detroit Science
ness magazine, tells how Delray chmivo, practical efforts stand a Center, etc. --- but also the sec- Support for the al
Beach did it. We think the key better chance of improving De- end- and third-tier arts groups
points are instructive for metro troit than chasing after big, that serve specific communities a common-$~n$~
Detroit. quick fixes. Involvement breeds within the metro area. These orga- Editor:
Delray Beach prospered with- responsibility and results, c:~ nizations -- such. as Arts and I thought your rece~
New laws unlikely to prevent more p
The disaster in Oklahoma help us catch the people involved me during this traged.~
City was about as terrible as in this instance, or will they help cue workers and th¢
any of us could imagine. It's ira- prevent a similar tragedy from forcement agencies. T
possible not to feel anger and happening in the future? I don't rescue teams are sti!
rage at the person or people re- know. But I know that Washing- ately trying to find
sponsible for this horrible deed. ton feels that's the way you han- and recover the dead.
We are mad, and we deserve to dle things, agencies have arreste,
be mad. Whoever's responsible I get a little.nervous when one primary suspect
for this act is crazy or worse -- Congress starts to do things in the heels of others.
worse if they aren't.crazy, the heat of the moment. When gratifying to watch h
We show our anger in different the sabers start to rattle, we state and federal agen
ways. Our Congress, for example, should all be a little nervous, worked together to
is reacting in the only way it Our lawraakers mean well. But I done. But do we ne
knows how: It's going to pass just don't think we need any laws? Maybe not.
some more laws. As if we don't more laws. I'm not sure we If we want to prevem
have enough laws on the books should rush irate things that will ziness from occurring
today, Congress would like to mean that we give up a little bit will have to do a betl
pass ~ few more, some proposed mnr~ nfm~r frmadnm la,al~ .............