05-07-96 Regular DELRAY BEACH
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING ~
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
May 7, 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.A. Administer Oath of Office to Karen Kiselewski.
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 April 16, 1996
6. Procl~unations:
A. Preservation Week - May 12-18, 1996
B. National Safe Boating Week - May 18-24, 1996
C. Recognizing the Managing Staff of Builders Square, Delray
Beach, for their support and contributions to the City of
Delray Beach:
Paul Stephen Hodges
Stephan Lorenzo Paul
Rebecca Meadows
Ke£th Bryan Allen
D. Emergency Services Week - May 19-25, 1996
E. OF NOTE: National Nursing Home Week - May 13-17, 1996
7. Presentations:
8. Consent Agenda: City Manager recommends approval.
A. DISTRIBUTION OF FY96/97 ANTI-DRUG ABUSE ACT GRANT FUNDS:
Approve the distribution of FY96/97 Anti-Drug Abuse Act Grant
funds in the amount of $662,485 as recommended by the Criminal
Justice Commission Executive Committee, and authorize letter
agreeing to the allocation of these funds.
Regular Commission Meeting
May 7, 1996
B. SUBSIDIZED LOAN AGREEMENT BETWEEN THE CITY, THE. COMMUNITY
REDEVELOPMENT AGENCY AND NATIONSBANK: Approve a Subsidized
Loan Agreement between the City, the CRA, and NationsBank as a
participating bank in the subsidized loan program.
C. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND
DISPOSAL BOARD ACTIONS: Ratify various expenditures approved
by the SCRWTD Board at its meeting of April 18, 1996.
D. AGREEMENT FOR ARCHITECTURAL SERVICES/MPA ARCHITECTS, INC.:
Approve an Agreement for Architectural Services between the
City and MPA Architects, Inc. for professional services on a
continuing contract basis.
E. AGREEMENT FOR ARCHITECTURAL SERVICES/DAVID MILLER & ASSOCIATES,
P.A.: Approve an Agreement for Architectural Services between
the City and David Miller & Associates, P.A. for professional
services on a continuing contract basis.
F. FINAL PAYMENT/ADVANCED ROOFING, INC.: Approve final payment in
the amount of $27,541.00 to Advanced Roofing, Inc. for their
work on the Public Works Complex reroofing project, with
funding from 334-6112-519-62.10 and 442-5178-536-62.10.
G. FINAL PAYMENT/DAVID MILLER & ASSOCIATES: Approve final payment
in the amount of $1,546.86 to David Miller & Associates for
consulting services associated with Fire Stations #3 and #4,
with funding from 228-2311-522-61.59 and 61.60.
H. CHANGE ORDER #2 (FINAL) AND FINAL PAYMENT/SULLIVAN BROTHERS,
INC.: Approve Deduct Change Order #2 (Final) in the amount of
$10,382.50 and final payment in the amount of $41,768.95 to
Sullivan Brothers, Inc. for the S.W. 9th Avenue Road
Reconstruction project, with funding from 442-5178-536-61.78.
I. REMOVED
J. OFFER OF JUDGMENT/KIRK COOK V. BROCHU: Approve an Offer of
Judgment in the referenced matter as recommended by the City
Attorney.
K. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT/SECTION 108 LOAN
GUARANTEE PROGRAM: Approve the terms of repayment and the
additional security required under the Section 108 Loan
Guarantee Program from the Department of Housing & Urban
Development (RTJD).
L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept
the decisions of the Planning and Zoning Board, Site Plan
Review and Appearance Board, and the Historic Preservation
Board during the period April 15 through May 3, 1996.
M. AWARD OF BIDS AND CONTRACTS:
-3-
Regular Commission Meeting
May 7, 1996
1. Bid award to Chemical Lime Company via City of Boynton
Beach co-op bid, for bulk quicklime for the Water
Treatment Plant, at an estimated annual cost of $259,416
from 441-5122-536-52.21
2. Bid award of Group #23 (Capital Construction Equipment)
under Pipe Fittings and Accessories annual bid (#96-40) to
Ferguson Underground, at an estimated annual cost of
$87,097.50 from various projects accounts.
3. Bid award to IBM as sole source vendor for upgrades to the
IBM AS/400 mainframe operating system software; $25,515
from MIS Account No.001-1811-513-46.90, and $12,076 from
Police Department Account No. 001-2113-521-46.90.
9. Regular Agenda:
A. DUBIN PROPOSAL: Consider a proposal from Dubin & Associates to
manage the Delray Beach Tennis Center.
B. MUSICIANS EXCHANGE PROPOSAL FOR CONCERTS AT THE TENNIS STADIUM:
Consider a proposal from Musicians Exchange Referral Services,
Inc. to enter into an arrangement with the City whereby the
Musicians Exchange would be given exclusive authority to
promote live music concerts at the Tennis Stadium.
C. SETTLEMENT AGREEMENT/LEVY V. CITY OF DELRAY BEACH: Consider a
proposed settlement agreement in the referenced matter.
D. REQUEST FOR PARTIAL RELEASE OF ACCRUED INTEREST ON LIENS/VACANT
PARCEL ON S.W. 6TH AVENUE: Consider a request to waive a
portion (50%) of interest accrued on nuisance abatement liens
against vacant property located on S.W. 6th Avenue.
E. INTERLOCAL AGREEMENT BETWEEN THE CITY AND THE COMMUNITY REDE-
VELOPMENT AGENCY FOR PINEAPPLE GROVE MAIN STREET, INC.:
Consider an interlocal agreement between the City and the CRA
for the Pineapple Grove Main Street program.
F. BID AWARD/MURRAY LOGAN CONSTRUCTION, INC.: Consider bid award
in the amount of $947,004 to Murray Logan Construction, Inc.,
second low bidder, for construction of 3 Barrier Island storm-
water pump stations and related drainage improvements, with
funding from 448-5411-538-62.35.
G. REMOVED
H. REJECTION OF BIDS/SEWER SYSTEM #16 REHABILITATION: Consider
rejecting all bids received for the rehabilitation of Sewer
System #16 located on the barrier island generally between
Casuarina and Poinsettia Roads.
I. RESOLUTION NO. 39-96/MID-YEAR BUDGET ADJUSTMENT: Consider a
resolution making mid-year adjustments to the adopted budget
for FY 1995/96.
--4--
Regular Commission Meeting
May 7, 1996
J. APPOINTMENT TO THE PLANNING AND ZONING BOARD: Appoint a member
to the Planning and Zoning Board for an unexpired term ending
August 31, 1996. Commissioner Kiselewski's appointment.
K. CITY COMMISSION LIAISON APPOINTMENTS: Review City Commission
liaison appointments to the various advisory boards and outside
agencies.
10. Public Hearings:
A. ORDINANCE NO. 10-96: SECOND READING/SECOND PUBLIC HEARING.
for an ordinance changing the Future Land Use Map (FLUM)
designation from Commerce to Medium Density Residential (5-12
du-acre) for an approximate 31.77 acre portion of the Waterford
Place/Delint Development of Regional Impact (DRI), and from
Commerce to Transitional for an approximate 4 acre portion of
the Waterford DRI, located south of Linton Boulevard, between
Interstate-95 and Lindell Boulevard. QUASI-JUDICIAL HEARING
1. RESOLUTION NO. 37-96: Consider a resolution modifying the
Development Order for the Waterford Place/Delint DRI.
B. ORDINANCE NO. 13-96: An ordinance amending LDR Section 6.3.3,
"Movable Fixtures within the Right-of-Way", to provide for
regulations on the placement, appearance and maintenance of
newsracks. (Continued from 3/19/96)
1. ORDINANCE NO. 23-96: Consideration on FIRST READING of an
ordinance amending LDR Section 6.3.3, "Movable Fixtures
Within the Right-of-Way", to provide for regulations on
the placement, appearance and maintenance of newsracks.
If passed, public hearing May 21, 1996.
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. 18-96: An ordinance amending LDR Section 4.4.28,
"Central Business District - Railroad Corridor", Subsection
4.4.28(D), "Conditional Uses and Structures Allowed", to
further restrict the location of automobile repair and
detailing uses. If passed, public hearing May 21, 1996.
B. ORDINANCE NO. 19-96: An ordinance rezoning a 0.91 acre parcel
of land from RM (Medium Density Residential) to CBD-RC (Central
Business District - Railroad Corridor). The subject property
is located at the southeast corner of S.E. 1st Avenue and
unimproved S.E. 6th Street west of the FEC Railway. If passed,
quasi-judicial/public hearing May 21, 1996.
Regular Commission Meeting
May 7, 1996
C. ORDINANCE NO. 20-96: An ordinance changing the Future Land Use
Map (FLUM) designation from General Commercial to Commerce
(small scale amendment) and rezoning from POC (Planned Office
Center) District to LI (Light Industrial) District for a 1.86
acre parcel of land. The subject property is located on the
east side of Wallace Drive approximately 1,300 feet north of
Linton Boulevard (formerly occupied by HRS). If passed,
quasi-judicial/public hearing May 21, 1996.
D. REMOVED
E. ORDINANCE NO. 22-96: An ordinance amending LDR Section 4.6.16,
"Landscape Regulations", regarding compliance with minimum
landscape requirements for existing properties. If passed,
public hearing May 21, 1996.
13. Comments and Inquiries on Non-Agenda Items.
A. City Manager
B. City Attorney
C. City Commission
WHEREAS, historic preservation is an effective tool
for managing growth, revitalizing neighborhoods, fostering
local pride and maintaining community character while enhancing
livability; and
WHEREAS, historic preservation is relevant for
communities across the nation, both urban and rural, and for
Americans of all ages, all walks of life and all ethnic
backgrounds; and
WHEREAS, it is important to celebrate the role of
history in our lives and the contributions made by dedicated
individuals in helping to preserve the tangible aspects of the
heritage that has shaped us as a people; and
WHEREAS, "PRESERVE COMMUNITY" is the theme for
National Preservation Week 1996, cosponsored by the Delray
Beach Historic Preservation Board and the National Trust for
Historic Preservation.
NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission, do
hereby proclaim May 12 through May 18, 1996, as
PRESERVATION WEEK
and call upon the people~ of Delray Beach, Florida, to join
their fellow citizens across the United States in recognizing
and participating in this special observance.
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 7th day of May, 1996.
MAYOR
JAY ALPERIN
SEAL
WHEREAS, more than 70 million Americans will
choose recreational boating as a way to relax with family
and friends in 1996; and
WHEREAS, responsible boaters comply with
requirements to carry life jackets aboard their vessels and
understand the value of having and wearing personal
flotation devices; and
WHEREAS, life jackets annually help save many
lives that might otherwise be lost, because responsible
boaters understand "LIFE JACKETS SAVE LIVES AND THEY WON'T
WORK IF YOU DON'T WEAR THEM"; and
WHEREAS, in recognizing that hundreds of lives
could be saved each year by spreading safe boating
information to the public, the Congress of the United States
by joint resolution requested the President annually
proclaim one week as National Safe Boating Week.
NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission,
do hereby proclaim May 18 through May 24, 1996, as
NATIONAL SAFE BOATING WEEK
in Delray Beach, and urge all citizens to affirm and support
the goals of National Safe Boating Week and urge all who use
our waterways for recreation to carry and wear life jackets,
and make sure those around them also wear life jackets,
because "LIFE JACKETS SAVE LIVES".
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 7th day of May, 1996.
MAYOR
JAY ALPERIN
SEAL
WHEREAS, the managing staff of Builders Square,
Delray Beach; Mr. Paul Stephen Hodges, Co-Manager, Mr. Stephan
Lorenzo Paul, Operations Manager, Ms. Rebecca Meadows,
Assistant Manager, and Mr. Keith Bryan Allen, Assistant Manager
have become an intrinsic element to the redevelopment of the
West Atlantic Avenue business corridor and the opening of three
new Police substations in the City of Delray Beach (Delray
Estates, Pineapple Grove, and 26 SW 9th Avenue); and,
WHEREAS, over the past eighteen months donations
amounting to $2,000.00 in merchandise and equipment from
Builders Square have made the efforts of the West Atlantic
Avenue Foot Patrol and the Community Policing Division more
efficient and productive; and,
WHEREAS, the kindness and generosity demonstrated
by these individuals has been directly responsible for the
completion of projects, thereby permitting the Police
Department to play a major part in improving and satisfying the
needs of the community and resulting in a positive environment
for the citizens and their quality of life; and,
WHEREAS, the public support generated by their
donations has produced a wave of unending spirit and support by
other business merchants, property owners, and citizens in
Delray Beach, the Ail America City.
NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission, do
hereby proclaim
MANAGING STAFF OF BUILDERS SQUARE,
DELRAY BEACH
Mr. Paul Stephen Hodges
Mr. Stephan Lorenzo Paul
Ms. Rebecca Meadows
Mr. Keith Bryan Allen
OUTSTANDING CITIZENS AND REPRESENTATIVES OF
THE CITY OF DELRAY BEACH
and express our gratitude for your support to the efforts of
the Delray Beach Police Department!
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 7th day of March, 1996.
MAYOR
JAY ALPERIN
SEAL
WHEREAS, emergency medical services is a vital
public service; and
WHEREAS, the members of Delray Beach's emergency
medical services teams are ready to provide lifesaving care
to those in need 24 hours a day, seven days a week; and
WHEREAS, access to quality emergency care
dramatically improves the survival and recovery rate of
those who experience sudden illness or injury; and
WHEREAS, emergency medical services teams consist
of emergency physicians, emergency nurses, emergency medical
technicians, paramedics, firefighters, lifeguards,
educators, administrators, and others; and
WHEREAS, the members of emergency medical services
teams, engage in thousands of hours of specialized training
and continuing education to enhance their lifesaving skills;
and
WHEREAS, the residents and visitors of Delray
Beach benefit daily from the knowledge and skills of these
highly trained individuals; and
WHEREAS, it is appropriate to recognize the value
and the accomplishments of emergency medical services
providers by designating Emergency Medical Services Week;
and
WHEREAS, injury prevention and the appropriate use
of the EMS system will help reduce national health care
costs.
NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City
of Delray Beach, Florida, in recognition of this event
hereby proclaim the week of May 19-25, 1996 as
EMERGENCY SERVICES WEEK
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 7th day of May, 1996.
MAYOR
JAY ALPERIN
SEAL
WHEREAS, the Healthcare Center of Palm Bay, Delray
Beach, Florida, a facility serving the aging, has petitioned
that May 13 through May 17, 1996, be designated as National
Nursing Home Week with the theme, "Joy in Caring"; and
WHEREAS, the Healthcare Center of Palm Bay, Delray
Beach, Florida, and other facilities in Palm Beach County are
providing skilled and compassionate care and services for older
Americans; and
WHEREAS, through this care and service, they
recognize the dignity and intrinsic worth of these older
Americans; and
WHEREAS, facilities for the aging provide community
support of older people through their care and services.
NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission, do
hereby proclaim May 13 through May 17, 1996, as
NATIONAL NURSING HOME WEEK
in Delray Beach, Florida, and commend all persons who provide
care, love, and respect for all of our older Americans.
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 7th day of May, 1996.
MAYOR
JAY ALPERIN
SEAL
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~/1
SUBJECT: AGENDA ITEM # ~ ~ - REGULAR MEETING OF MAY 7, 1996
DISTRIBUTION OF FY 1996/97 ANTI-DRUG ABUSE ACT GRANT FUNDS
DATE: MAY 1, 1996
This is before the Commission to approve the distribution of FY 1996/97
Anti-Drug Abuse Act Grant funds. Palm Beach County' s allocation is
$662,485.00. The Criminal Justice Commission Executive Committee
recommends that the funds be distributed as follows:
Palm Beach County Sheriff's Office
Multi-Agency Narcotics Unit Task Force $461,253
(MAN Unit)
Palm Beach Juvenile Assessment Center 188,126
Criminal Justice Commission
Drug Control Administration 13,106
$662,485
The Florida Department of Community Affairs requires that 51 percent of the
local units of government representing 51% of the county's population agree
on the allocation of these funds.
Chief Overman has reviewed the proposed funding allocation and recommends
that it be approved by the City Commission.
Recommend approval of the distribution of FY 1996/97 Anti-Drug Abuse Act
Grant fuD~s, and authorize sending the attached letter agreeing to the
allocation of these funds.
ref: agmemo4
CRIMINAL JUSTICE COMMISSION :: i ~; ,~ L. Diana CUnningham, Executive Director
Donald M. Middlebrooks, Chairman !i~:t~'i i .................... 7,!i ' 301 N. Olive Avenue, Suite 1001
~ i !i ~ ~ ..... ~ ~ West Palm Beach, Florida 33401-4705
MaxDavis, Vice Chairman 1Liiij ~!~p( ~'/4 I~b~O }~.)i
Daniel R. McBride, Secretary [ ~ ~' L ........ ---.1 t Phone: (407) 355-4943
RandolphK. Johnson, Sr., Treasurer ~, ;~ ~'~'~!,;! .~if~,l i Suncom:273-4943
, ,.,!. t ..... . ..... ~ Ih. Fax: (407) 355-4941
April 22, 1996 ~
To all Palm Beach County Mayors:
The Criminal Justice Commission serving as the Substance Abuse Advisory Board seeks your approval in the allocation of
FY96-97 Anti Drug Abuse Act Grant (Edward Byrne) Funds. The total FY96-97 allocation to Palm Beach Count, is
$662,485.00. For the second year, the Criminal Justice Commission issued a request for proposals (RFP) to fund programs
within local units of government. A total of four (4) proposals were received. The Criminal Justice Commission Executive
Committee recommends that the funding be allocated as follows:
Subgrantee Title of Project Dollar Amount
(Federal Funds)
Palm Beach County Sheriff's Office Multi Agency Narcotics Unit Task Force $461,253
(MAN Unit)
Palm Beach County Sheriff's Office Palm Beach Juvenile Assessment Center $188,126
Criminal Justice Commission Drug Control Administration $13,106
The Florida Department of Community Affairs requires that 51 per cent of the local units of government representing 51 per
cent of the county's population agree on the allocation of these funds. If you approve the allocation as set forth above,
please prepare a letter stating your approval. A sample letter has been provided for your use. Due to the application
deadline, this letter must be received at the Criminal Justice Commission offices, no later than May 9, 1996.
Please send the letter to:
Criminal Justice Commission
ATTN: Lisa Diamond
301 N. Olive Avenue, Suite 1001
West Palm Beach, FL 33401-4705
If you would like an explanation of these programs or have any questions, please contact Diana Cunningham at 355-4943.
Your immediate attention to this matter is greatly appreciated. '~
~Dr~ald M. Middlebroo~s, Chairman
xc: Doug Duncan, Chair, Anti Drug Abuse Act Grant Coordinating Committee
~ pnntod on recycled paper
[ITY DF I]ELA#Y BER[H
DELRAY BEACH
, t o , , o · 100NW ls.,AVEiNU~ · DE[F, AY ~,EACH, FLORIDA33444 · 4t~',' 2.427000
lll.lme~a City
May 7, 1996
]~'. Clayton Wilder
Bureau of Community Assistance
Department of Community Affairs
2740 Centerview Drive
Tallahassee, FL 32399-2100
Dear Mr. Wilder:
In compliance with the State of Florida Rule Chapter 9G-16.003(4) (d),
the City of Delray Beach approves the distribution of $662,485.00 of
the Fiscal Year 1996/97 federally funded Drug Control and System
Improvement (DCSI) Formula Grant Program (aka the Edw-~rd Byrne
Memorial State and Local Assistance Program or the Anti-Drug Abuse Act
Grant) funds for the following projects within Palm Beach County:
Dollar Amount
Subgrantee Title of Project (Federal Funds)
Palm Beach County Multi-Agency Narcotics
Sheriff's Office Unit Task Force (MAN Unit) 8461,253
Palm Beach County Palm Beach Juvenile
Sheriff's Office Assessment Center $188,126
Criminal Justice
Commission Drug Control Administration $ 13,106
It is understood that each of these programs will be required to
provide their own twenty-five percent (25%) cash match.
Sincerely,
J~/amh
T~L E;-F-ORT At'~,'v'~YS MATTERS
May 8, 1996
Ms. Lisa Diamond
Criminal Justice Commission
301 N. Olive Avenue, Suite 1001
West Palm Beach, FL 33401-4705
Re: Allocation of FY96/97 Anti-Druq Abuse Act Grant Funds
Dear Ms. Diamond:
As requested, attached is a letter from the City of Delray Beach
approving the proposed FY 1996/97 allocation of $662,485.00 in
Anti-Drug Abuse Act Grant funds.
In regular session on May 7, 1996, the Delray Beach City Commission
approved the proposed distribution of funds and authorized the sending
of this letter.
A copy of this correspondence is being sent to you via fax this date
(May 8th), with the original to follow by regular mail.
If you have any questions, please do not hesitate to contact me at
407/243-7050.
Sincerely,
Alison MacGregor Harry
City Clerk
~/m
Attachment
cc: David T. Harden, City Manager
P~chard G. Overman, Chief of Police
[lTV DF DELRRV BEI:I[H
DFLRAY BEACH
~C4~'~ ~ ~'~ ~ A~"~'~ · D~ r:.~Y ~EA(]H. F-LOP~A ~3444 · 40 ?J~: ?~<ff,
AIl. A~fica City
Mr. Clayton Wilder
Bureau of Community Assistance
Department of Community Affairs
2740 Centerview Drive
Tallahassee, FL 32399-2100
Dear Mr. Wilder:
In compliance with the State of Florida Rule Chapter 9G-16.003(4) (d),
the City of Delray Beach approves the distribution of $662,485.00 of
the Fiscal Year 1996/97 federally funded Drug Control and System
Improvement (DCSI) Formula Grant Program (aka the Edward Byrne
Memorial State and Local Assistance Program or the Anti-Drug Abuse Act
Grant) funds for the following projects within Palm Beach County:
Dollar Amount
Subgr. antee Title of Project (Federal Funds)
Palm Beach County Multi-Agency Narcotics
Sheriff's Office Unit Task Force (MAN Unit) $461,253
Palm Beach County Palm Beach Juvenile
Sheriff' s Office Assessment Center $188,126
Criminal Justice
Commission Drug Control Administration $ 13,106
It is understood that each of these programs will be required to
provide their own twenty-five percent (25%) cash match.
Sincerely,
J~/ar~
MEMORANDUM
DATE: May 1, 1996
TO: David Harden, City Manager
FROM: Lula Butler, Director, Community Improvement.S)
RE: Subsidized Loan Agreement Between the City,
CRA and NationsBank
ITEM BEFORE THE COMMISSION:
Consideration of approval of the Tri-Partite Subsidized Loan Agreement between the
CRA, City and NationsBank for participation in the CRA's Iow interest business and
residential loan program.
BACKGROUND:
The City Commission approved the original Tri-Partite agreements for participating
banks as requested by the CRA in March, 1991. The agreements were formally
amended by the Commission in January, 1992 and December, 1994. Nationsbank will
be the sixth bank participating in the subsidized loan program. Community
Development staff provide technical assistance with work write-ups, determining
estimates, assisting with selections of contractors, monitoring work performed and
processing pay requests for all exterior improvement loans. The CRA is responsible for
all commercial interior improvement loans. Nationsbank is requiring city approval of all
contractors pay request. All other terms of the agreement remain unchanged.
RECOMMENDATION:
Staff is recommending the approval of the Tri-Partite agreement between the City of
Delray Beach, Community Redevelopment Agency and Nationsbank. The agreement
has been reviewed and approved by the City Attorney.
Date: April 30, 1996 Agenda Item No. ~'d3
AGENDA REOUEST
Agenda request to be placed on:
X__ Regular __ Special __ Workshop __ Consent
When: May 7, 1996
Description of Agenda Item:
Subsidized Loan Agreement Between the City, CRA and NationsBank
Ordinance/Resolution Required: Yes/~ Draft Attached: Yes / No
Recommendation: Approval
Department Head Signature:._ ~
City A~torney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No
Funding Alternatives: (if applicable)
Account # & Description:
Account Balance:
City. Manager Review:
Approved for agenda: Yes / No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved 1/17/96
CITY OF DELRIIY BEII[H
CITY ATTORNEY'S OFFICE ~.~.~:~,,.~~'~' ~.w ~ 4,~?~.~'"'~"~' ~^~ .~,~., ~o~,~^ ~4~
Writer's Direct Line: (407) 243-7091
DELRAY BEACH
Ali. America City MEMORANDUM
DATE: April 30, 1996
1993
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Subsidized Loan Agreement Between the City.. CRA and NationsBank
The CRA has approved the attached agreement with NationsBank which permits
Nationsbank to be added to the list of banks participating in the subsidized loan program
for certain business loam, residemial exterior rehabilitation loans, and certain non-
residemial commercial property improvemem loam.
By copy of this memorandum to David Harden, City Manager, our office requests that
this agreement be placed on the May 7, 1996 agenda for City Commission approval.
Attachment
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
na~ionln, sar
SUBSIDIZED LOAN AGREEMENT
THIS CERTAIN AGREEMENT, by and between COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF DELRAY BEACH, hereinafter referred to as the "CRA," and
NATIONS BANK hereinafter referred to as the "BANK," and the CITY OF DELRAY BEACH,
hereinafter referred to as the "CITY," is hereby made and entered into this __ day of
,1996.
WITNESSETH:
WHEREAS, the parties have heretofore entered into the above described Agreement (the
"Agreement"), as amended, for the providing of a subsidized loan program ("the Program"); and
WHEREAS, the parties are desirous of further amending said Agreement to modify their
respective responsibilities for administering said program and to provide other requirements with
respect thereto.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, the Agreement is hereby amended and restated in its entirety as follows:
1. The CRA has committed Certain funding in its budget for the Program and said funds
will be available to the various participating banks on a first come first serve basis. The funds will
be committed to an individual bank in accordance with the Pi'ogram in the order of receipt by the
CRA of a written firm loan commitment to individually approved borrowers. For purposes of
determining the order of receipt, all loan commitments will be deemed received upon the physical
receipt by the CRA at the office of its Executive Director.
2. The CRA will accept initial loan applications for the Program from prospective
borrowers and will approve or disapprove them, in the order of receipt, solely on the basis of the
proposed loan being for a qualified purpose as hereinafter defined in Exhibit "A," to single-
family residence or multi-family residential property or a non-residential commercial property
("Exterior Rehabilitation Loan"), or, to a business owner whose business location lies within the
redevelopment area of the CRA ("Business Loan"). Upon such approval, the loan application
will be forwarded by the CRA to the participating bank selected by the borrower, and upon
receipt of the loan application approved by the CRA the respective bank shall perform its
underwriting evaluati{Jn for approval or disapproval. Such Certificate of Approval issued by the
CRA will include a determination as to whether the City or the BANK shall be responsible for
the disbursements required under the loan. In the event the BANK is provided with a CRA
approved application and the BANK approves such loan and issues a firm commitment therefore,
the BANK shall forthwith deliver to CRA, in care of its Executive Director, such loan
commitment.
3. Upon receipt of an approved loan commitment from the Bank and receipt of
closing statement, subject to the availability of funds for the Program, the CRA shall pay to the
bank the prepaid interests as described in Paragraph 5 herein. In the event the subject loan is
prepaid in full by the borrower, the borrower shall notify the CRA and the BANK office
originating the loan of such prepayment, and the BANK shall pay to the CRA within thirty (30)
days after such prepayment an amount equal to the unearned interest as determined in accordance
with a straight amortization schedule computed at the note interest rate reflecting the interest due
for the unexpired term of the loan. The BANK expressly acknowledges and agrees that the CRA
shall have no liability for the payment or obligation for any sums of whatever nature othei' than
the initial interest paid as hereinabove provided. The parties acknowledge that the CRA will not
be entitled to any refunds of interest on loans which are not prepaid in full or are in default and
have been charged off by thc BANK. At closing the borrower shall be required to .execute an
Affidavit in form approved by the CRA as described in Exhibit "B," that the sole use of the
proceeds of the loan will be only for the purposes set forth in the approved loan application.
Further, the BANK shall require the borrower to execute a loan disbursement agreement
providing that in the event all of the work required to be performed pursuant to the loan
application in order to- obtain the full disbursement of the loan is not completed within the date
provided for in said loan agreement, the BANK or the CITY, whomever is respectively
administering the disbursements, shall return the undisbursed funds to the BANK, the loan shall
thereupon be reduced to such sums as shall have been disbursed by that date, and the BANK
shall reimburse the CRA for the unearned interest as provided for above.
4. A. Upon the closing of the loan with the borrower, the BANK or the CITY,
shall disburse the loan proceeds in accordance with the terms of the loan agreement. The
borrower shall provide such reasonable documentation as the BANK or the CITY, respectively,
shall require with regard to disbursements requested. Disbursements may only be made for the
payment of completed work or purchase of applicable improvements.
B. There shall be no reimbursements allowed as a part of the subject loan for
work completed prior to the closing of the loan.
C. All disbursements for business loans must be accompanied by invoices and
paid receipts.
5. The CRA and the BANK hereby agree that loans which will qualify for the
Program will be made upon the following terms and conditions:
A. Business Loans:
(i) Loan Amount: ten thousand dollars ($10,000.00) minim.u.m to fifty
thousand dollars ($50,000) maximum;
(ii) Purpose: construction of tenant improvements and small additions
to leased premises within the community redevelopment area;
(iii) Borrower Qualification: subject to bank's underwriting standards;
{iv) Term: maximum term for loan shall be sixty (60) months of equal
principal payments;
(v) Interest Rates: shall be variable at the prime rate plus 1% as
established by NationsBank Prime as of the date of closing;
(vi) Interest Subsidy by the CRA: shall be one-half (1/2) of the
computed interest (utilizing the simple interest method) at prime rate for the term of the loan
agreement. The interest subsidy may be applied as a principal reduction at closing, thereby,
resulting in a reduction of the term of the loan; or, the interest subsidy may reduce the original
loan amount, thereby, reducing the monthly payment.
(vii) Fees: normal closing costs including but not limited to recording
fees, Security Agreement, filing fees, documentary stamp tax, intangible tax, etc., (these fees may
be financed as part of the Loan by the BANK). In addition, a loan processing fee of one hundred
dollars ($100.00) for unsecured loans and two hundred dollars ($200.00) for secured loans may
be levied by the BANK.
B. Residential, Exterior Rehabilitation Loans:
(a) Owner occupied, single-family, residential home improvements:
(i) Loan amount on unsecured loans: two tho. usand five
hundred dollars ($2,500.00) minimum to ten thousand dollars ($10,000.00) maximum;
(ii) Loan amount on loans secured by first mortgages, second
mortgages or other acceptable collateral: five thousand dollars ($5,000.00) minimum to ten
thousand dollars ($10,000.00) maximum;
(b) Two Unit Residential Improvements:
(i) Loan amount on unsecured loans: two thousand five hundred
dollars ($2,500.00) minimum to fifteen thousand dollars ($15,000.00) maximum;
(ii) Loan amount on loans secured by first mortgages, second
mortgages or other acceptable collateral: five thousand dollars ($5,000.00) minimum to fifteen
thousand dollars ($15,000.00) maximum;
(c) Three or More Residential Units:
(i) Loan amount on unsecured loans per unit: two thousand five
hundred dollars ($2,500.00) minimum to five thousand dollars ($5,000.00) maximum, with a
maximum aggregate loan of fifty thousand dollars ($50,000.00) for all units owned by one
applicant.
(ii) Loan amount on secured loans per unit: two thousand five
hundred dollars ($2,500.00) minimum to five thousand dollars ($5,000.00) maximum, with a
maximum aggregate loan of fifty thousand dollars ($50,000.00) for all units owned by one
applicant.
(d) Purpose: qualifying alterations, repairs and/or improvements to
residential properties of the owner where the work substantially protects or improves the exterior
of the property as described in Exhibit "A."
(e) Loan to value ratio: the maximum loan to value ratio after the
improvements and including all mortgages shall not exceed eighty-five percent (85%) of the
appraised value or one hundred twenty-five percent (125%) of the tax assessed value.
(f) Term: maximum term for both secured and unsecured shall be sixty
months (60) of equal Drincipal payments.
(g) Interest rates: both secured and unsecured loans shall be fixed at
the Prime Rate as established by NationsBank Prime as of the date of closing.
(h) Interest subsidy by the CRA: shall be 100% of the computed
interest (utilizing the simple interest method) at prime rate for the term of the loan agreement.
The CRA shall pay the interest at the day of closing of the loan.
(i) Fees:
(i) A loan processing fee of fifty dollars ($50.00) for secured
and unsecured loans for owner occupied, single-family dwellings may be levied by the BANK.
(ii) A loan processing fee of one hundred dollars ($100.00) for
unsecured loans and two hundred dollars ($200.00) for secured loans for multi-family
residential, one or more units, may be levied by the BANK.
(iii) Normal closing costs including but not limited to recording
fees, title insurance, owners and encumbrance search, documentary stamp tax, and intangible tax,
etc. (the subject closing costs may be financed by the BANK).
C. Non-Residential, Commercial Property Improvements:
(i) Loan Amount: five thousand dollars ($5,000.00) minimum to twenty
thousand dollars ($20,000.00) maximum.
(ii) Purpose: qualifying improvements of the exterior of non-residential
commercial properties as described in Exhibit "A."
(iii) Loan to value ratio: the maximum loan to value ratio after the
improvements and including all mortgages shall not exceed eighty-five percent (85%) of the
appraised value or on~ hundred twenty-five percent (125%) of the tax assessed value.
(iv) Term: sixty months (60) equal principal payments.
(v) Interest rates: both secured and unsecured loans shall be variable at the
Prime Rate plus 1% as established by NationsBank Prime as of the date of closing.
(vi) Interest subsidy by the CRA: shall be one-half (1/2) of the computed
interest (utilizing the simple interest method) at prime rate for the term of the loan agreement.
The interest subsidy may be applied as a principal reduction of the term of the loan, or the
interest subsidy may reduce the originating loan amount, thereby, reducing the monthly payment.
(vii) Loan processing fee: of one hundred dollars ($100.00) for unsecured loans
and two hundred dollars ($200.00) for secured loans may be levied by the BANK.
(viii) Closing costs: normal closing costs including but not limited to recording
fees, title insurance, owners and encumbrance search, documentary stamp tax, and intangible tax,
etc. (these fees may be financed as part of the loan by the BANK, but the CRA will not be
responsible for the interest on the financing of such costs).
(ix) Collateral: The loans to be collateralized as thc BANK deems necessary.
Personal guarantees will be required in all instances unless waived by the BANK.
6. The BANK hereby agrees to commit a maximum pool of funds of one million
dollars ($1,000,000.00), excluding the amounts of all loans made to date, for the Loan Program
for a period of one year (1) from the date of this Agreement or until such pool of funds is
exhausted through the making of Program loans, whichever comes first.
7. It is mutually understood that the agreements and covenants contained herein are
severable, and in the event any of them shall be held to be invalid, this Agreement shall be
interpreted as if such 'invalid agreements or covenants were not contained herein.
8. This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida.
9. If any action at law or in equity is necessary to enforce or interpret the terms of
this Agreement, the prevailing party shall be entitled to reasonable attorney fees, expenses, costs
of appeal and necessary disbursements in addition to any other relief to which it may be entitled.
10. The rights and benefits of this Agreement shall not be transferable by any party
without the written consent of the other.
11. Notices to any party to this Agreement shall be sent to the following:
Christopher J. Brown
Executive Director
Community Redevelopment Agency
207 East Atlantic Avenue
Delray Beach, FL 33444
Lula Butler
Director, Community Improvement
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Patricia I. Braaf
NationsBank
One Financial Plaza, 14th Floor
Fort Lauderdale, Florida 33394
- 9-~N
WITNESSES: CO T A.GENCY
WITNESSES:
CITY OF DELRAY BEACH
By:
Attest:
By:.
City Clerk
Approved as to form:
By.'.
City Attorney
EXHIBIT "A"
1. The following are authorized under the Business Loan:
a. Tenant improvements, exterior and interior;
b. Signage;
c. Small additions to an existing building;
d. Permanent fixtures.
2. The following external improvements to property are authorized under this program:
a. Re-roofing, including rigid insulation;
b. Painting;
c. Awnings;
d. Shutters;
e. Siding;
f. Replacement of rotten wood;
g. Doors;
h. Windows;
i. Driveways/paving; parking;
j. Landscaping (sod, trees, bushes, plants, and irrigation system);
k. Exterior modifications such as rebuilding a porch;
1. Exterior lighting.
3. All materials and work must be in compliance with applicable City of Delray Beach
Building Codes.
4. Loan proceeds may be used to pay for applicable building permits and loan fees.
EXHIBIT "B"
AFFIDAVIT
STATE OF FLORIDA )
) SS
COUNTY OF PALM BEACH )
Before me, the undersigned Notary Public in and for the aforesaid County and State,
personally appeared , hereinafter referred to as
("Borrowers") who by me being first duly sworn and cautioned, deposed, stated, and
acknowledged the following:
1. Our names are . We
reside at , and
we, having personal knowledge of the loan with NationsBank, hereinafter referred to as (the
"Loan"), and the following described matters, depose, state, and acknowledge same to be tree.
2. We hereby state that as an inducement to NationsBank, entering into that certain
Security Agreement dated the day of , 199 and that
certain Promissory Note of even date in the principal amount of
Dollars ($ ) and as an inducement
to the Community Redevelopment Agency of the City of Delray Beach agreeing to subsidize the
certain interest due on said Loan, your Affiants state under penalties of perjury that the proceeds
of said Loan will be used solely for purposes as set forth in the approved loan application and
for no other purposes.
3. Furthermore, in the event that the loan is prepaid, the borrower agrees to notify
the Community Redevelopment Agency and the bank office originating the loan, respectively
located as stated below:
Community Redevelopment Agency
207 East Atlantic Avenue
Delray Beach, FL 33444
ATTN: Executive Director
NationsBank
1002 E. Atlantic Avenue
Delray Beach, FL 33483-6985
ATTN: Assistant Vice President
Further Affiants sayeth naught.
Sworn to and subscribed before me by
,this dayof ,
199
Notary Public
(SEA~)
My Commission Expires:
Who are personally known to me
Or who produced
as identification
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~'~
SUBJECT: AGENDA ITEM # ~(~- - MEETING OF MAY 7, 1996
RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS
DATE: MAY 3, 1996
This is before the Commission to ratify various expenditures
approved by the South Central Regional Wastewater Treatment and
Disposal Board at its meeting of April 18, 1996. By a vote of
8-0, the SCRWTD Board approved the following:
· Purchase of 586DX/100 Computer System for Pretreatment
Program and 486DX/4/99 Computer System for Administration
Office from American Computer Enhancement, in the amount of
$5,250 (Capital Asset 50/50 each City).
· Obtain a 6' wide easement by gift or purchase from owners of
Lots #209 and #210 Pine Tree Golf Club for installation of
Reuse Water System, and authorization to offer up to $15 per
linear foot to obtain easements. (Approximate cost of
easement 2 x 150 x 15 = $4,500).
· Expend $6,000 from sinking fund to replace Hoffman blower
filters and recoat filter housing units (on an emergency
basis) .
· Expend $5,000 from sinking fund to rebuild #2 RAS variable
speed pump drive motor (on an emergency basis).
· Expend $3,500 from sinking fund to replace #1 RAS pump drive
motor with direct drive 25hp 840rpm TEFC motor (on an
emergency basis).
· Expend $6,000 from sinking fund to replace existing controls
on screening building scrubbers with a new digital hydrogen
sulfide controller and air sample control box from Precision
Control Technology, Inc.
Recommend ratification of the actions taken by the South Central
Regional Wastewater Treatment and Disposal Board on April 18,
1996.
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF APRIL 18, 1996
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on April 18, 1996, by a vote of 8-0, approve Authorization to Purchase 586DX/100
Computer System for Pretreatment Program and 486DX/4/99 Computer System for
Administrative Office from American Computer Enhancement in the Amount of
$5,250. (Capital Asset 50/50 each City)
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this ~ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF APRIL 18, 1996
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on April 18, 1996, by a vote of 8-0, approve Authorization to Obtain 6' Wide
Easement by Gift or Purchase from Owners of Lots #209 and #210 Pine Tree Golf
Club for Installation of Reuse Water System and Authorization to Offer up to
;~ 15/Linear Ft. to Obtain Easements. (Approximate cost of easement 2 x 150 x 15 =
$4,500).
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this ~ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF APRIL 18, 1996
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on April 18, 1996, by a vote of 8-0, approve Authorization to Expend ~6,000 from
Sinking Fund to Replace Hoffman Blower Filters and Recoat Filter Housing Units.
Work performed in January & February on an Emergency Basis. Inspection revealed
that Secondary Filters Installed during Construction of BIower Building in 1991 Needed
Replacement and Filter Housing behind Filters had Corroded.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this ~ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF APRIL 18, 1996
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on April 18, 1996, by a vote of 8-0, approve Authorization to Expend ~5,000. from
Sinking Fund to Rebuild #2 RAS Variable Speed Pump Drive Motor. Work being
Performed on Emergency Basis. Concerned about Failure of Motor Due to Bearing
Noise and Drive Belts Breaking.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this ~ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF APRIL 18, 1996
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on April 18, 1998, by a vote of 8-0, approve Authorization to Expend ;3,500. from
Sinking Fund to Replace #1 RAS Pump Drive Motor with Direct Drive 25HP 840RPM
TEFC Motor. Work being Performed on Emergency Basis. Concerned about Failure
of Motor Due to Bearing Noise and Drive Belt Breaking.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this ~ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF APRIL 18, 1996
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on April 18, 1996, by a vote of 8-0, approve Authorization to Expend ~6,000. from
Sinking Fund to Replace Existing Controls on Screening BuEding Scrubbers with a New
Digital Hydrogen Sulfide Controller and Air Sample Control Box from Precision Control
Technology, Inc.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this ~ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
1801 North Congress Avenue · Delray Beach, Florida 33445
BOARD ~ Telephone
City Council Members of 272-7061 734-2577
Boynton Beach & Delray Beach Fax: (407) 265-2357
MEMORANDUM
TO: City Clerk, Delray Beach
FROM: Mary Ann Shumilla ? ~.~
DATE: April 23, 1996
RE: RATIFICATIONS FOR SIGNATURE
Attached are Ratifications from the Quarterly Board Meeting of April 18, 1996 which
require signatures at your next Commissioner's meeting.
Would you please contact me at 272-7061 when the Ratifications are executed.
Thank you.
RECEIVED
CiTY CLERK
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
s~: AG~ ~ # -D _ ~C~ ~~ oF MAY 7, 1996
AGREEMENT FOR ARCHITECTURAL SERVICES WITH MPA ARCHITECTS~ INC.
DATE: MAY 1, 1996
On February 6, 1996, the City Commission approved five architectural firms
to be used for continuing services on an as needed basis, and authorized
staff to prepare the appropriate agreements. MPA Architects, Inc. was one
of the firms selected and the agreement has now been fiD~lized. It is the
City' s stand_ard Agreement for Architectural Services, as modified to
include the changes approved by the Commission on March 19, 1996.
The City Attorney has reviewed and approved the agreement as to form and
legal sufficiency.
Recommend approval of the Agreement for Architectural Services with MPA
Architects, Inc. Service authorizations will be negotiated on an
individual basis as necessary and appropriate.
ref: agmemo5
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ·
SUBJECT: AGENDA ITEM # ~ ~ - REGULAR MEETING OF MAY 7, 1996
AGREEMENT FOR ARCHITECTURAL SERVICES WITH DAVID MIr.T.W.R &
ASSOCIATES, P.A.
DATE: MAY 1, 1996
On February 6, 1996, the City Commission approved five architectural firms
to be used for continuing services on an as needed basis, and authorized
staff to prepare the appropriate agreements. David Miller & Associates,
P.A. was one of the firms selected aDxt the agreement has now been
finalized. It is the City's standard Agreement for Architectural Services,
as modified to include the changes approved by the Commission on March 19,
1996.
The City Attorney has reviewed and approved the agreement as to form and
legal sufficiency.
Recommeuxt approval of the Agreement for Architectural Services with David
Miller & Associates, P.A. Service authorizations will be negotiated on an
individual basis as necessary and appropriate.
ref: agmemo6
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # ~ ~ - MEETING OF MAY 7, 1996
FINAL PAYMENT/ADVANCED ROOFING, INC.
DATE: MAY 3, 1996
This is before the Commission to approve final payment to
Advanced Roofing, Inc. for reroofing of the Public Works
facility. The work has been completed to the satisfaction of the
product manufacturer and City staff. All closeout documents have
been received and are in order.
Recommend approval of final payment to Advanced Roofing, Inc., in
the amount of $27,541 from the General Construction - Renewal and
Replacement-Buildings (Account No. 334-6112-519-62.10), and Water
& Sewer Replacement Fund-Buildings (Account No. 442-5178-536-
62.10) .
Agenda Item No. ~~
AGENDA REQUEST
Date: April 26, 1996
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: May 7, 1996
Description of item (who, what, where, how much): Staff request City
Commission approve Final Payment in the amount of $27,541.00 to Advanced
Roofing, Inc. for their work on the Public Works Complex - Reroofing
project. The project has been completed to the satisfaction of the
contract documents. Funding is available from Account #'s 334-6112-519-
62.10 and 442-5178-536-62.10.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends City Commission approve Final Payment
in the amount of $27,541.00 to Advanced Roofing, Inc. for their work on
the Public Works Complex - Reroofing..project. Funding is available from
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:(~~O
Funding alternatives f ~ (if applicable)
Account No. & Description
Account Balance ~ ~., ~1 ~ '
City Manager Review:
Approved for agenda: ~NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
\esd\9601\agreq507
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager
From: Jos6 Aguila (~
Construction Manager
Date: April 26, 1996
Subject: AGENDA REQUEST (5/7/96)
Public Works Complex - Reroofing Project
Project No. 96-01
Attached is an Agenda Request for City Commission approval of Final Payment in the
amount of $27,541.00 to Advanced Roofing, Inc. for their work on the Public Works
Complex Reroofing project. The work has been completed to the satisfaction of the
product manufacturer, and City staff. All close-out documents have been received and are
in order.
Funding is available from Account #'s 334-6112-519-62.10 and 442-5178-536-62.10.
I have attached a Contractors Past Performance Evaluation for your review. The
contractor completed the project ahead of schedule with minimal inconvenience to the
occupants of the building and in a most professional manner.
cc: William Greenwood
5/7/96 Agenda File
File 96-01 (A)
esdL960 l~agmem507
MEMORAND~
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY M AGER
SUBJECT: AGENDA ITEM # ~ - MEETING OF MAY 7, 1996
FINAL PAYMENT/DAVID MILLER & ASSOCIATES
DATE: MAY 3, 1996
This is before the Commission to approve final payment to David
Miller & Associates for consulting services associated with the
Fire Station Nos. 3 and 4 projects. The project has been
completed within the contract time, and all closeout documents
have been received.
Recommend approval of final payment to David Miller & Associates,
in the amount of $1,546.86 from Decade of Excellence Bond Phase
II - Fire Station 3 Linton (Account Nos. 228-2311-522-61.59 and
Fire Station 4 Lake Ida 61.60).
Agenda Item No.
AGENDA REQUEST
Date: April 26, 1996
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: May 7, 1996
Description of item (who, what, where, how much): Staff request City
Commission approve Final Payment in the amount of $1,546.86 to David
Miller and Associates for consulting services on the Fire Station 3 & #4
projects. The project has been completed. Fundinq is available from
Account %'s 228-2311-522-61.59 & 228-2311-522-61.60.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends City Commission approve Final Payment
in the amount of $1,546.86 to David Miller and Associates for consultinq
services on the Fire Station 3 & #4 projects. The project has been
completed. Funding is available from Account #'s 228-2311-522-61.59 &
228-2311-522-61.60.
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:~/NO
Funding alternativ~ if applicable)
Account No. & Description~-~ll
Account Balance ~,92~
City Manager Review: ~'-'./NO
Approved for agenda: ~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
\esd\9361\agreq507
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager
From: Jos6 Aguila
Construction Manager
Date: April 26, 1996
Subject: AGENDA REQUEST (5/7/96)
Fire Station 3&4
Project No. 93-61 & 93-62
Attached is an Agenda Request for City Commission approval of Final Payment to David
Miller & Associates, in the amount of $1,546.86 for consulting services associated with
Fire Stations 3 and 4. The project has been completed within the contract time, and all
close-out documents have been received by the City.
Funding is available from Account #'s 228-2311-522-61.59 and 228-2311-522-61.60.
I have attached a Consultant Past Performance Report for your review. The consultant
worked well with City staff and the general contractor doing the work insuring a quality
product and timely completion of the work.
William Greenwood
5/7/96 Agenda File
File 93-61 (A)
esd\936 l~agmeanS07
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~ij~ (
SUBJECT: AGENDA ITEM # ~. ~- - MEETING OF MAY 7, 1996
CHANGE ORDER NO. 2 (FINAL) AND FINAL PAYMENT/SULLIVAN
BROTHERS, INC.
DATE: MAY 3, 1996
This is before the Commission to approve Deduct Change Order #2
(Final) in the amount of $10,382.50 and final payment in the
amount of $41,768.95 to Sullivan Brothers, Inc. for the S.W. 9th
Avenue Road Reconstruction project.
Recommend approval of Change Order No.2 (Final) and final payment
to Sullivan Brothers, Inc. with funding from Water and Sewer
Renewal and Replacement - Water Distribution Improvements
(Account No. 442-5178-536-61.78).
AGENDA REOUEST
Date: May 1, 1996
Request to be placed on:
Regular Agenda
Special Agenda
X Workshop Agenda When= May 7, 1996
Description of item (who, what, where, how much): Staff request City
Commission to approve Change Order #2. Final to Sullivan Brothers, Inc. for
S.W. 9th Avenue-Road Reconstruction Project 94-62. The Change Order accounts
for the final as-builts measured quantity adjustments as compared to the
original Contract.
Schedule "A" attached to the Change Order specifically references these
adjustments. The amount of Change Order %2, Final is a net deduct of
$10,382.50.
Approval is also requested for final payment to Sullivan Brothers, Inc. in the
amount of $41,768.95 for the project. A Contractor Evaluation is also attached
for your review.
Funding source for this agenda request is 442-5178-536-61.78 (Water
Distribution Improvements) for -$10,382.50.
R ecommeFinal tondatisullivan°n: Staff requests City Co~m,ission~ tOBrothers, Inc.~~~J approve Change 0 rder No. 2,
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:~/NO
Funding alternatives~-~--~?~-~-~/-7~( (if applicable)
Account No. & Description ~/~ ·
Account Balance {~30 ~/7{
City Manager Review:
Approved for agenda: ~E~/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
Memorandum
To.- David T. Harden, City Manager
From= Howard Wight, Dep Dir Construction DiV~/~
Date= May 1, 1996
Re: Change Order No. 2, Final - S.W 9th Ave Road
Reconstruction - Project 94-62
Attached for Commission approval is an agenda request for Change
Order #2, Final to Sullivan Brothers, Inc. for the above
referenced project. The Change Order accounts for the final as-
built measured quantity adjustments as compared to the original
Contract.
Schedule "A" attached to the Change Order specifically references
these adjustments. The amount of Change Order #2, Final is a net
deduct of $10,382.50.
Approval is also requested for final payment to Sullivan
Brothers, Inc. in the amount of $41,768.95 for this project. A
Contractor Evaluation is also attached for your review.
Funding is from Account No. 442-5178-536-61.78 (Water
Distribution Improvements) for -$10,382.50.
CC: Dennis Thompson, Community Improvement
File: Memo to City Manager
9462D
9462memo
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE ORDER #2,FINAL POJECT NO. 94-62 DATE:
PROJECT TITLE: S.W. 9th Avenue Road Reconstruction
TO CONTRACTOR: $~llivan Brothers. Incorporated
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.
J~3STIFICATION:
See attached Schedule UA"
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $292,400.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 16,035.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $308,435.00
COST OF CONSTRUCTION CHANGES THIS ORDER $-10,382.50
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $298,052.50
PER CENT DECREASE THIS CHANGE ORDER -3.6%
TOTAL PER CENT INCREASE TO DATE 1.9%
CERTIFIED STATEMENT: I hereby certify that the supporting cost data
included is, in my considered opinion, accurate.
SULLIVAN BROTHERS INCORPORATED (Sign & Seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Service Department 442-5178-536-61.78 (Water Distribution
Improvements) for -$10,382.50.
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND: BZ
William H. Greenwood, Director Thomas E. Lynch, Mayor
of Environmental Services
ATTEST:
APPROVED: By:
City Attorney City Clerk
8W 9TH AVI~NUE ROAD Ri!ICONSTRUCTION
PROJI!ICT NO. 94-62
Change Order #2, Final
Schedule "A"
PAVING
1 Maintenance oftraRic LS 1 $ 7,500.00 $ 7,500.00 1 $ 7,500.00 $ 7,500.00
2 Clearin~ and ~rubbin~ LS 1 $ 9,500.00 $ 9,500.00 1 $ 9,500.00 $ 9,500.00
3 Pavement removal LS 1 $ 18,000.00 $ 18,000.00 1 $ 18,000.00 $ 18,000.00
4 Roadway Reconstruction $Y 4030 $ 16.50 $ 66,495.00 3225 $ 16.50 $ 53,21230
5 Asphalt driveway restoration SY 460 $ 17.00 $ 7,820.00 801 $ 17.00 $ 13,617.00
5a Parlcir~ Removal/Stripes & Stops LS 0 $ 1,000.00 $ 1 $ 1,000.00 $ 1,000.00
6 6" Thick concrete driveway SY 1060 $ 25.00 $ 26,500.00 1254 $ 25.00 $ 31,350.00
7a Drivewa~rModifications LS 0 $ 3,800.00 $ 1 $ 3,800.00 $ 3,800.00
Type "D" curb LF 80 $ 13.00 $ 1,040.00 80 $ 13.00 $ 1,040.00
8 Valle~/~mtter LF 270 $ 9.00 $ 2,430.00 257 $ 9.00 $ 2,313.00
90 Concrete sidewalk SF 11140 $ 2.00 $ 22,280.00 6780 $ 2.00 $ 13,560.00
ConCrete inlet apron EA 5 $ 275.00 $ 1,375.00 5 $ 275.00 $ 1,375.00
11 4" Double yellow slripe LF 130 $ 5.00 $ 650.00 130 $ 5.00 $ 650.00
12 24" Solid white stop bar LF 40 $ 15.00 $ 600.00 40 $ 15.00 $ 600.00
13 Installnewtralticsl[[nsandbollards EA 7 $ 350.00 $ 2,450.00 1 $ 350.00 $ 350.00
14 Valve Box Adjust. EA 3 $ 350.00 $ 1,050.00 0 $ 350.00 $ -
15 Adjust Manhole Top EA 2 $ 500.00 $ 1,000.00 0 $ 500.00 $ -
1Sa Adjust Inlet Top EA 0 $ 500.00 $ 2 $ 500.00 $ 1,000.00
-- LlqmdatedDamages Days 0 $ (2~0.00) $ 21 $ (2~O.lYO) $ (~,2~1).00)
FOTALPAVING $ 168,690.00 $ 153,617.50
DRAINAGE
16 Grade swales ' LS 11 $9,500.00 $9,500.00 1 $9,500.00 $~,50'0.0~)
17 Sod SY 1380 $4.00 $5,520.00 1194 $4.00 $4,776.00
18 Type 'C' Inlet w/USF 6212 ~rate EA 3 $1,400.00 $4,200.00 3 $1,400.00 $4,200.00
19 Type 'C' Inletw/USF 5130-6168 EA 2 $1,450.00 $2,900.00 2 $1,450.00 $2,900.00
20 4' Diameter drainage manhole EA 3 $1,560.00 $4,680.00 3 $1,560.00 $4,680.0~)
21 15" RCP LF 80 $19.00 $1,520.00 67 $19.00 $1,273.00
22 18" RCP LF 1030 $23.00 $23,690.00 941 $23.00 $21,643.00
23 Connect to exist, drainage EA 11 $1:100.00 $1~100.00 1 $1,100.00 $1:100.00
'TOTAL DRAINAGE I $53,110.00 $50,072.00
1
WATER & SEWER
24 8" DIP - WM LF 1270' $22.00 $27,940.00 1241~ $22.00 $27',45~.00
25 8' Gate valve EA 9 $650.00 $5,850.00 9 $650.00 $5,850.00
26 6" X 6" Tappin~ valve and sleeve EA 1 $2,300.00 $2,300.00 1 $2,300.00 $2,300.00
27 2" Jumper with corp. stop EA 2 $890.00 $1,780.00 1 $890.00 $890.00
28 Fire hydrant assembly EA 3 $2,000.00 $6,000.00 3 $2,000.00 $6,000.00
29 Fill & Flush Connection EA 1 $1,800.00 $1,800.00 1 $1,800.00 $1,800.00
30 Sample Point EA 2 $200.00 $400.00 2 $200.00 $400.00
31 1" Sir~le service EA 17 $460.00 $7,820.00 21 $460.00 $9,660.00
32 1 1/2" Double service EA 5 $700.00 $3,500.00 i0 $700.00 $7,000.00
-- Relocate Existin~ Services From Sidewalk LS 0 $1,817.00 $0.00 1~ $1,817.00 $1,817.00
33 San. replacement - 8" PVC LF 20 $45.00 $900.00 21 $45.00 $945.00
34 San. replacement - 8" DIP LF 40 $50.00 $2,000.00 40 $50.00 $2,000.00
34a Lower Sewer Serv for Water Main EA 0 $260.00 '$0.00 9' $260.00 $2,340.00
35b Lower Sewer Serv for Storm Drainage EA 0 $570.00 $0.00 16 $570.00 $9,120.00
35 Utility allowance LS 1 $10,000.00 $10,000.00 0 $10,000.00 $0.00
36 Video allowance LS 1 $300.00 $300.00 1 $300.00 $300.00
37 Indemnification LS 1 .. $10.00 $10.00 1 $10.00 $10.00
] 5/2/96
SW 9TH AVENUE ROAD R~CONSTRUCTION
PROJECT NO. 94-6:2
Change Order #2, Final
Schedule "A"
ITOTAL WATER. SEWER $70,600.00 $77,888.00
CHANGE ORDER #1 - WATER MAIN EXTENSION
24 8" DIP - WM LF 325 $22.00 $7,150.00 345 $22.00 $7,590.00
25 8" Gate valve EA 1 $650.00 $650.00 1 $650.00 $650.00
26 6" X 6" Tappir~ valve and sleeve EA 1 $2,300.00 $2,300.00 1 $2,300.00 $2,300.00
30 Sample Point EA 1 $200.00 $200.00 1 $200.00 $200.00
-- Open Cut Pavement Repair LS 1 $950.00 $950.00 1 $950.00 $950.00
Abandon/Remove Existing 2 GaN LF 1595 $3.00 $4~785.00 1595 $3.00 $4~785.00
TOTAL CHANGE ORDER #1 $16,035.00 $16,475.00
5/2/96
[:lTV JIF DELRRV BEIiCH
CITY ATTORNEY'S OFFICE~i,,~:~' ~'~"' ~ ~,?,~~'¥'~'~' ~¥ ~^~"' ~o~^ ~
Writer's Direct Line: (407) 243~7091
DELRAY BEACH
Ali. America City MEMORANDUM
1993
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Kirk Cook v. Brochu ~ Offer 9f Judgment
The City Commission recently approved a settlemem of the case against the City. Our
office, at the direction of counsel for the remaining defendant, former Officer Brochu, is
requesting that the City Commission approve an Offer of Judgmem pursuam to Florida
Statutes Section 768.79 in the amoum of $10,001.00, inclusive of attorney's fees and
taxable costs.
If judgment is obtained by the Plaintiff in the amount of $7,500.25 or less, then the
Plaintiff will have to pay reasonable attorney's fees and costs incurred by Defendant
after the date the offer is served, if other statutory requirements are met.
By copy of this memorandum to David Harden, City Manager, our office requests that
the matter of this authorization to file an Offer of Judgmem in the amount of $10,00!.00
in the above-mentioned case be placed on the May 7, 1996 City Commission agenda for
appall if you have any questions.
~//
SAR:ci{fl --a L.~
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
Katherine Brown, Gallagher Bassett
Robin Cox, Insurance Specialist, Sr.
Fred Gelston, Esq.
Stuart Silverman, Esq.
kcook3.sar
Przn ed, on F:t~ :),'c ed P~],~?~?r
MEMOi~kND~
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~ - MEETING OF MAY 7, 1996
DEPARTMENT OF HOUSING & URBAN DEVELOPMENT/SECTION 108
LOAN GUARANTEE PROGRAM
DATE: MAY 3, 1996
This is before the Commission to approve the terms of repayment
and the additional security required under the Section 108 Loan
Guarantee Program from the Department of Housing & Urban
Development (HUD).
The City originally received a HUD Section 108 Loan Guarantee in
the amount of $200,000 for the Pompey Pool Project. However the
approval from HUD came too late to use for the pool project, so a
request was made to use the funds on the Silver Terrace infra-
structure project, which is an eligible use of the funds.
While waiting for approval of the request from the Washington, DC
office of HUD, staff will satisfy the condition of approval for
the loan guarantee by submitting a repayment schedule for a
period of five years and by furnishing additional security, other
than CDBG dollars. It is recommended that the additional
security amount be funded from repayment of the UDAG grant which
begins December, 1996, and that a pledge to budget and appropri-
ate as back-up security if necessary, should the developer
default on the repayment of the UDAG payment.
Recommend approval of the terms for repayment of the Section 108
Loan for a period of five years and pledge revenues from the
repayment of the UDAG Loan, with additional security of a pledge
to budget and appropriate if necessary.
Date: May 2, 1996 Agenda Item No. 8. ~.
AGENDA REQUEST
Agenda request to be placed on:
X__ Regular __ Special __ Workshop __ Consent
When: May 7, 1996
Description of Agenda Item:
Section 108 Loan Guarantee Program
Ordinance/Resolution Required: Yes ~ Draft Attached: Yes / No
Recommendation: Approval
Department Head Signature~/J~_~~,-.~
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 # & Description:
Account Balance:
City Manager Review:
Approved for agenda: ~ No
Hold Until: .
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved 1/17/96
MEMORANDUM
DATE: May 3, 1996
TO: David Harden, City Manager
FROM: Lula Butler, Director, Community Improvement
RE: Section 108 Loan Guarantee
ITEM BEFORE THE BOARD:
Approval of the terms of repayment and the additional security required under the
Section 108 Loan Guarantee Program from the Department of Housing & Urban
Development (HUD).
BACKGROUND:
The City originally applied for and subsequently received approval from the Department
of Housing & Urban Development, a Section 108 Loan Guarantee, in the amount of
$200,000 for the Pompey Pool Project. The approval of the loan from HUD came well
after the scheduled bid and commencement of construction of the Pool project, thus we
ended up not being able to use this source of funding on the specified project. We
requested approval from HUD to switch the funds to the Silver Terrace infrastructure
project. This project is an eligible use of these funds and we have receive preliminary
approval from the Jacksonville Regional Office. The request has been forwarded to the
Washington office for final approval.
In the interim, we have until May 31 to satisfy the condition of approval for the loan
guarantee as follows:
(1) Transmittal of our letter of obligation for inspection and guarantee by HUD prior to
May 31, 1996.
(2) The City is required to submit a repayment schedule for the guaranteed schedule
that is acceptable to HUD.
(3) The City is required to furnish additional security (other than CDBG dollars) for the
loan. The extent of the security is judged on a case-by-case basis. The Regional office
staff has interpreted this to mean identifying a source of dollars other than CDBG funds
for repayment of the loan.
Staff is, therefore, recommending a repayment schedule for a period of five (5) years
and that the additional security amount be funds received from the repayment of the
UDAG grant which begins as of December, 1996. Additionally, we are recommending
that a pledge to budget and appropriate if necessary as back-up security should the
developer default on the repayment of the UDAG payment. I have discussed these
options with the HUD Washington, DC office staff and have received verbal confirmation
that this would be acceptable security to them.
Section 108 Loan Guarantee
RECOMMENDATION:
Staff is recommending that the City Commission approve the terms proposed by staff
for repayment of the Section 108 Loan for a period of five (5) years and that we pledge
revenues from the repayment of the UDAG Loan and the first source of dollars with
additional security of a pledge to budget and appropriate if necessary. Approval of this
request authorizes staff to transmit the terms proposed to the Department of Housing &
Urban Development pursuant to directions from their letter to the City transmitted, May,
1995.
~ .... % ~ u.s. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WASH,NGTON, 204 0-7000
~~ OS~~
OFFICE OF THE ASSISTA~ SECR~ARY FOR
COMMUNI~ P~NNING AND D~ELOPMENT
MAY 5
CITY COMMI~IOW
8onorable Thomas ~ynch
Nayor of Delray Beach
100 ~orthwest 1st Avenue
Delray Beach, ~ 33444
Dear Nayor
Please be informed that the City of Delray Beach's request
for loan guarantee assistance under Section ~08 of the 8ousing
and Community Development ~ct of 1974, as amended, has been
approved. Such assistance is to consist of the guarantee of a
note or other obligation in the principal amount of $200,000,
plus interest thereon, which shall be issued to finance
activities as described in application B-94-NC-12-0033.
This offer of commitment is subject, however, to the three
conditions specified in ~tem 8 of the ~unding ~pproval (~o~m
~OD-?082). The first condition provides that in the event the
City ~ails to submit a note or other obligation ~or inspection
and guarantee by BOD before Nay 31, 1996, the offer will expire
as of such date.
The second condition provides that the City shall submit a
repayment schedule for the guaranteed loan that is acceptable to
HUD.
The third condition states that the City shall furnish
additional security for the loan. Such additional security shall /
be specified in the contract required under 24 CFR Section
570.705(b)(1).
Please furnish us, at the address'specified in the last
paragraph of this letter, your timetable for execution of the
activities described in your application. These activities will
be financed through a public offering of Section 108 obligations.
If you need funds prior to the next public offering, interim
financing will be available.
In addition to the special conditions cited above, the
release of funds for the project to be carried out with loan
guarantee assistance is conditioned upon compliance by the City
with all applicable provisions of the HUD Environmental Review
Procedures (24 CFR Part 58). In this regard, a request for
release of funds must be approved by HUD prior to the obligation
or utilization of funds for the project.
Please execute the three enclosed copies of the Funding
Approval and return two copies to the Department of Housing and
Urban Development, Office of Block Grant Assistance, Financial
Management Division, Room 7180, 451 Seventh Street, S.W.,
Washington, D.C. 20410. One copy should be retained for your
files. The Funding Approval amends the Grant Agreement
authorized by HUD on September 30, 1994, under the Funding
Approval for grant number B-94-MC-12-0033 to include loan
guarantee assistance. The Grant Agreement thereby incorporates
this Funding Approval, the loan guarantee application, and
Subpart M of the block grant regulations governing loan
guarantees, as well as such agreements, schedules, and other
documentation required to be submitted or executed in connection
therewith.
Very sincerely yours,
~tary for Grant Programs
Enclosures
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~ ~J_ _ MEETING OF MAY 7, 1996
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: MAY 3, 1996
Attached is the Report of Appealable Land Use Items for the
period April 15 through May 3, 1996. It informs the Commission
of the various land use actions taken by the designated boards
which may be appealed by the City Commission.
Recommend review of appealable actions for the period stated;
receive and file the report as appropriate.
CITY COMMISSION DOCUMENTATION
TO: D~VID T. HARD~N, CITY MANAGER
FROM: /:IASMIN ALLEN, PLANNER
SUBJECT: MEETING OF MAY 7, 1996 * CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS APRIL 15,
1996 THRU MAY 3. 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 April 15, 1996, through May 3, 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 May 7, 1996
Page 2
PLANNING AND ZONING BOARD MEETING OF APRIL 15. 1996
No appealabble items were considered at this meeting. The following
agenda items which were considered by the Board will be forwarded to
the City Commission for final action.
· Recommended approval (5 to 0), on an amendment to the Land
Development Regulations Section 4.4.28 CBD-RC (Central Business
District-Railroad Corridor) zoning district regarding the potential
locations of automobile repair and detailing establishments.
· Recommended approval (5 to 0), of a rezoning from RM (Medium
Density Residential) to CBD-RC (Central Business District-Railroad
Corridor) for the Charles Lee property, located at the southeast corner
of S.E. 1st Avenue and unimproved S.E. 6th Street, west of the FEC
Railway.
· Recommended approval (5 to 0), of an amendment to the Future Land
Use Map from General Commercial to Commerce and rezoning from
POC (Planned Office Center) to LI (Light Industrial) for the former HRS
Building, located on the east side of Wallace Drive, approximately
1,300 feet north of Linton Boulevard.
· Recommended approval (5 to 0), on an amendment to the Land
Development Regulations, Chapter Seven "Building Regulations"
regarding the adoption of the 1994 Standard Building Code.
· Recommended approval (5 to 0), on an amendment to the Land
Development Regulations Section 4.6.16(B),(C), and (H)(4) of the
Landscape Regulations, which relates to compliance with minimum
landscape requirements for existing properties.
PLANNING AND ZONING BOARD MEETING OF APRIL 25. 1996
The Board on a 5 to 0 vote, transmitted the Draft Evaluation and
Appraisal Report to the City Commission and the Florida Department of
Community Affairs.
City Commission Documentation
Appealable Items Meeting of May 7, 1996
Page 3
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF APRIL
24. 1996
A. Approved (5 to 0), a request for color change to an existing multiple
family development, the Pines of Delray North, located on the west
side of Congress Avenue, north of Lake Ida Road.
B. Approved (5 to 0), a request for color change to re-canvass an
existing awning at the Old Tire Kingdom building now owned by
Church of God of Prophecy, located on the west side of S.E. 6th
Avenue, south of S.E. 6th Street.
C. Approved (5 to 0), a request to change the architectural elevations to
allow the additions of awnings at Marina Delray, located at the
southeast corner of George Bush Boulevard and Palm Trail.
D. Approved (5 to 0), a request to change the architectural elevations to
allow the addition of a covered patio, change in roofing material and
color for Van's Comfortemp, located on the east side of South
Congress Avenue, south of Atlantic Avenue. Concurrently, the Board
approved a request for waiver to eliminate a required landscape island
in conjunction with changes to the parking lot. The site plan is being
processed as a non-impacting modification and will be approved
administratively.
E. Denied (3 to 1), the site plan, landscape plan and architectural
elevation plan associated with the construction of a four unit
townhouse structure, Nanmeyer, located at the northeast corner
of N.E. 3rd Avenue and N.E. 14th Street.
F. Denied (3 to 2), the master sign program for Delray Lincoln Mercury,
located on the west side of U.S. Highway #1, south of Linton
Boulevard.
HISTORIC PRESERVATION BOARD MEETING OF MAY 1, 1996
1. Tabled (5 to 0), a request for Certificate of Appropriateness, site plan
and landscape plan associated with the conversion of a residential
building to a business office, BSA Corporation, located on the north
side of N.E. 2nd Street, between Swinton Avenue and N.E. 1st
Avenue. The Board also tabled the requests for variances associated
with the project.
City Commission Documentation
Appealable Items Meeting of May 7, 1996
Page 4
2. Approved (5 to 0), a request for a Certificate of Appropriateness to
allow a garden shed to be constructed to the rear of a single family
residence at 1'104 Nassau Street (southeast corner of Nassau Street
and Gleason Street).
3. Approved (4 to 0), a request for a Certificate of Appropriateness for
landscape improvements associated with the relocation of a single
family structure to 275 North Swinton Avenue (which is at the
southeast corner of Swinton Avenue and N.E. 3rd Street).
4. Approved (5 to 0), a Certificate of Appropriateness for a free standing
business sign for Beaudacious Antique Store to be located at 125
North Swinton Avenue.
5. Approved (5 to 0), a Certificate of Appropriateness for color change
to the tower domes at the Colony Hotel, located on the north side of
Atlantic Avenue, between N,E, 5th Avenue and N.E, 6th Avenue.
RECOMMENDED ACTION.
By motion, receive and file this report.
Attachment: Location Map
LOCATION MAP FOR
CITY COMMISSION MEETING
OF MAY 7, 1996
L-SO CANAL
LAKE IDA ROAD
SW
LOWSON BOULEVARD
LINTON BOULEVARD
L-3B CANAL C-15 CANAL
c,Ty u,,s S.P.R.A.B.: H.P.B.:
A. - PINES OF DELRAY NORTH 1. - BSA CORPORATION
B. - OLD TIRE KINGDOM 2. - 1104 NASSAU STREET
i MILE
I C. - MARINA DELRAY 3. - 275 N. SWlNTON AVENUE
I
D. - VAN'S COMFORTEMP 4. - BEAUDACIOUS ANTIQUE STORE
SCALE E. - NANMEYER 5. - COLONY HOTEL
F. - DELRAY LINCOLN MERCURY
CITY OF 0ELRAY aF. ACH, FL
PLANNING DEPARTMENT
-- DIGITA~ ~SE ~AP S~EM --
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~[,,>
SUBJECT: AGENDA ITEM # ~/~ - MEETING OF MAY 7, 1996
AWARD OF BIDS AND CONTRACTS
DATE: MAY 3, 1996
This is before the Commission to approve the award of the follow-
ing bids and contracts:
1. Bid award to Chemical Lime Company via City of Boynton Beach
co-op bid, for bulk quicklime for the Water Treatment Plant,
at an estimated annual cost of $259,416 from 441-5122-536-
52.21
2. Bid award of Group #23 (Capital Construction Equipment)
under Pipe Fittings and Accessories annual bid (#96-40) to
Ferguson Underground, at an estimated annual cost of
$87,097.50 from various projects accounts.
3. Bid award to IBM as sole source vendor for upgrades to the
IBM AS/400 mainframe operating system software; $25,515 from
MIS Account No.001-1811-513-46.90, and $12,076 from Police
Department Account No. 001-2113-521-46.90.
Agenda Item NO. : ~Q ]
AGENDA REQUEST
Date: April 30,1996
"Request to be placed on:-
X Regular Agenda Special Agenda Workshop Agenda
When: May 07, 1996
DescriPtion of agenda item (who, what, where, how much): Bid Award-
Bulk Quicklime via City of Boynton Beach Co-op Bid #040-134-96/C3D to
Chemical Lime ComPany at an estimated annual cost of $259,416.00
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to Chemical Lime Co., at estimated annual cost of
$259~416 for purchase of bulk quicklime via City of Boynton Beach Co-op Bid
#040-134-96/CJD. Funding from account 441-5122-536-52.21 .
Department Head Signature: ' ~/~v~"
Determination of Consistency wi mprehensi :
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
Funding available: YES/ MO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Jacklyn R~enior Buyer ~(~
THROUGH: Joseph Saffo~nance Director
DATE: April 30, 1996
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
MAY 07, 1996 - BID AWARD - BID %040-134-96/CJD
BULK QUICKLIME - CO-OP BID
Item Before Commission:
The City Commission is requested to approve the award for the purchase of
Bulk Quicklime to low bidder, Chemical Lime Company, at an estimated annual
cost of $259,416 per Co-op Bid #040-134-96/CJD.
Background:
The City of Boynton Beach is the lead entity for this cooperative bid.
Bids were received for this contract on April 23, 1996, from three (3)
vendors. A tabulation of bids is attached for your review.
The City of Boynton Beach is recommending award to Chemical Lime Company
per the attached memo, dated April 29, 1996.
The Manager of Water Treatment Plant has reviewed the bids received and
recommends award to Chemical Lime Company per attached memo dated 04/30/96.
Recommendation:
Staff recommends the award to Chemical Lime Company at an estimated annual
cost of $259,416. Funding from account #441-5122-536-52.21.
Attachments:
Memo From City of Boynton Beach
Tabulation of Bids
Memo From Manager Water Treatment Plant
cc: Don Haley, Manger Water Treatment Plant
Richard Hasko, Deputy Director Of Public Utilities
APF~-Z~O-'~6 TUE 14:27 ID;DELRAY =NV. SEf<VICES TEL
MEMORANDUM
TO: Sackie Rooney, Senior Buyer
FROlVI': Don Halc)q Manager WTP ~
SUBJECT: BID AWARD R~COMMENDATION -._]~I..IC LIME
DATE: April 3o, 1996
I have reviewed the bid documents and specification lT. lativ¢ 1o supplying the WTP wilh bulk lime. Per
Bid//041-134-96, I rcconmmnd award of conL,'aci to low bidder, Chemical Lime Company; in thc
estimal~ annual amount ~f $259.416.00 (2,700 tons at $96_08 per ton).
Ple. asc pn:pare thc appropriate documents so that this item caa be placed on thc City Commission agenda
of May 7, 1996. Thankyon_
DH:el
William Greenwood
Richard Haako
t #~ggLLRt~/,Ot+ ~-x~.J. q:)ft uo~,u~otq ~ ~V/,t:g ~ 9R-r3R-t '. :kgl
BY: ; 4-:~0-.~ ; ~:45A~,f ; B0yrll;0n JJch fax.-* +40'1243'11~;~ 2
oty of
Boynton, Beach
loo E. Boynwn ~w.h
P.o. Box310
Boynton Beach, Florida 33425-0310
FAx; (4o?)
APRIL 29, 1996
TO: ALL PARTICIPATING ENTITLES OF THE COOPERATIVE PURCHASING
COUNCIL OF PALM BEACH COUNTY
FROM: LANA M. KOESTER
VICE CHAIRPERSON
SUBJECT: RECOMMENDATION FOR AWARD OF THE CO-OP BULK QUICKLIME
BID#040-134-96/CJD
EFFECTIVE DATES: MAY 16, 1996 TO MAY 15, 1997
Attached is the Tabulation sheet along with the proposals from the (3) vendors who
submitted a proposal for the above mentioned bid.
Please review and sign on the line either agreeing or disagreeing to award this bid to
CHEMICAL LIME COMPANY of Mulberry, Florida, being the lowest, most responsive,
responsible Bidder who meets all specifications and requirements.
It Is scheduled to be approved on our next Commission meeting to be held May 7,
1996,
Please respond no later than May 1, 1996, at noontime, as I have a deadline in order
to process my paperwork for Commission approval.
Please circle your entity and fax to Carol Doppler, Purchasing, at: (407) 375-6090.
Your cooperation in this matter is greatly appreciated.
A m~iza"s Gateway to the Gul/stream
SEN] BY: ; 4-3O-L',t; ; 8.'43/~;4 ; L~oynt;on Bch fax--* +4~';2437~ 66 ;# 3
Jacklyn Rooney, Sr. Buyer
City of Delray Bc,~d~[e). 04/30/96 .(datel
AGREE ~O~o~., DISAGREE
If you have any questions please call me.
(~~cerely,
a M. Koester
Purchasing Agent
c: All Participating entities as listed below:
South Central Regional WWP Town af Highland Beach
Acme Improvement City of Lake Worth
City of West Palm Beach
Agenda Item No.:
AGENDA REQUEST
Date: April 29, 1996
'Request to be placed on:,
X Regular Agenda Special Agenda Workshop Agenda
When: May 07, 1996
DescriPtion of agenda item (who, what, where, how much): Bid Award-
Group #23 - Pipe Fittings And Accessories Annual Contract - Award to Fer~uson
Underground at a ~stimated annual cost of $$87~097.50 per Bid ~96-40 fOr Capital
Construction Equipment.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award Group #23 (Capital Construction Equipment) of Bid #96-40
to Ferguson Underground at an estimated annual cost of $87~097.50. Materials to be
used for installation on projects constructed by the ESD Constr.uction Division
Utility Cr~.~ and fr~rn f, lnt'l-~no' ~rnm var-~rrrcrm~ro~ats aaaOllnts.
Department Head Signature: ~ ~ '~' ~~
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds ):
Funding available:~ NO
Funding alternatives_~ (if applicable)
Account No. & Description: ~(gC_
Account Balance:
City Manager Review:
Approved for agenda: / NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Jacklyn Rooney~enior Buyer ~
THROUGH: Joseph Saf~Dance Director
%./
DATE: April 29, 1996
SUBJECT: DocUMENTATION - CITY COMMISSION MEETING -
MAY 07, 1996 - BID AWARD - BID #96-40
PIPE FITTINGS AND ACCESSORIES - ANNUAL CONTRACT
Item Before Commission:
The City Commission is requested to approve the award of Group #23 (Capital
Construction Equipment) per Pipe Fittings and Accessories annual bid to low
bidder, Ferguson Underground, at a total estimated annual cost of
$87,097.50.
Background:
Bids for this contract were received on April 10, 1996 from nine (9)
vendors, all in accordance with City purchasing procedures. (Bid #96-40)
Documentation on file in the Purchasing Office.) A tabulation of bids is
attached for your review.
The Deputy Director of Construction has reviewed the bids received and
recommends award to the low bidder, Ferguson Underground, per attached memo
dated April 25, 1996, for Group #23. (The remaining groups of this bid
package will be awarded at a later date.)
Group #23 materials will be used for installation on projects constructed
by the ESD Construction Division Utility Crew.
Recommendation:
Staff recommends the award to Ferguson Underground, at an estimated annual
cost of $87,097.50, for Group #23 of Bid 96.40. Funding from various
project accounts.
Attachments:
Tabulation of Bids
Memo From Deputy Director Construction Division
cc: Howard Wight, Deputy Director Construction
ENVIRONMENTAL SERVICES DEPARTMENT
CONSTRUCTION DIVISION
MEMORANDUM
TO: Jackie Rooney
Senior Buyer
FROM: Howard Wight
Deputy Direct~/JZ°n'st, mction
DATE: April 25, 1996
SUBJECT: ANNUAL CONTRACT FOR PIPE FITTINGS AND ACCESSORIES
Please award Group 23 - Capital Construction Bid #96-40 Pipe Fittings and Accessories
Annual Contract to Ferguson Underground.
Thank you for your assistance.
:tas
CITY OF DELRAY BEACH
PIPE FITTINGS AND ACCESSORIES
ANNUAL CONTRACT
BID ~ 96-40
SPECIFICATIONS
A. PURPOSE: The purpose and intent of this Invitation To Bid is to
establish an open end (blanket) contract for Pipe Fittings and
Accessories at the most economical price. Service and Workmanship are
of primary concern. Bidders with low standards for either service or
workmanship will be judged to be non-responsible and their bids
non-responsive. No bid will be accepted if it offers lower standards
of material and/or workmanship than is described herein.
B. NOTICE OF AWARD: It is and shall be understood and agreed that a
contract shall be deemed to be awarded and validly entered into
between the successful Bidder(s) and the City when written notice has
been given the awardee by the City thru its authorized office, and a
purchase order shall be issued to the Bidder(s) covering same.
Contract shall be awarded to the lowest responsive/responsible
Bidder (s) who demonstrates compliance with bid specifications,
capability to perform according to the terms of the contract, and
responsibility with current clients.
Award of bid shall be made to one or more vendors on the basis of
LOWEST GRAND TOTAL BID PER GROUP. Vendors may quote any or all
groups specified. However, ALL ITEMS WITHIN GROUPS 1 THRU 21 MUST
BE QUOTED.
NOTE: VENDORS MAY QUOTE ON ANY OR ALL ITEMS LISTED IN GROUP 22
ONLY (MISCELLANEOUS ITEMS ) . THE CITY WILL AWARD THIS GROUP
INDIVIDUALLY OR COLLECTIVELY, WHICHEVER IS CONSIDERED TO BE IN THE
BEST INTEREST OF THE CITY.
GROUP ~23 - ESD CONSTRCTION DIVISION. ALL ITEMS IN THIS GROUP ARE FOR
THE DELRAY BEACH ENVIRONMENTAL SERVICE CONSTRUCTION DIVISION. ALL
ITEMS WITHIN GROUP MUST BE QUOTED. THE CITY WILL AWARD THIS GROUP ON
BASIS OF LOWEST GRAND TOTAL BID FOR THE GROUP . BRANDS NAMES AS
PROVIDED BY ATTACHED STANDARD PRODUCTS LIST FROM THE CONSTRUCTION
DIVISION.
VENDORS SHALL SPECIFY BRAND NAME AND NUMBER ON BID FORM (SCHEDULE OF
PRICING).
C. DELIVERY: All prices shall be quoted F.O.B. Delivered Designated
Destination, City of Delray Beach, Warehouse, 434 S. Swinton, Avenue,
Delray Beach, Florida. Delivery costs shall be included in your bid
for Groups 1 thru 22. Group #23 These items will be ordered from
the Environmental Services Construction Division on an "as needed
basis" . Delivery shall be to the Environmental Service Complex, 434
South Swinton Avenue Delray Beach o~' as
Contructicn Di,zi~icn to the _r~ar ticu!;~ r
within the parameters of the City of Delray Beach.
6
SCHEDULE OF PRICING CONT .....
GROUP 23 - CAPITAL CONSTRUCTION
ITEM EST ANNUAL BRAND / UNIT EXTENDED ~ DESCRIPTION QTY. CATALOG NO. COST COST
PIPE:
260 6" SDR35 PVC Sewer 1000 if if
261 4" SDR35 PBC Sewer 500 if if
262 8" SDR35 PVC Sewer 1000 if if
263 10" SDR35 PVC Sewer 500 If if
264 6" CL52 DIP Cement 1000 if If
Lined
265 8" CL52 DIP Cement 1000 If if
Lined
266 10" CL53 DIP Cement 200 if if
Lined
267 6" C152 DIP Epoxy 500 if if
Lined
268 8" CL52 DIP Epoxy 500 if if
Lined
269 10" CL52 DIP Epoxy 200 if if
Lined
270 6" C900 PVC 500 if if
271 8" C900 PVC 500 if if
272 1" x 100' Poly Pipe 5 roll rl
2" x 100' Poly Pipe 5 roll rl
49
SCHEDULE OF PRICING CONT .....
GROUP 23 - CAPITAL CONSTRUCTION - Cont ........
ITEM EST ANNUAL BRAND / UNIT EXTENDED
· ~ DESCRIPTION QTY. CATALOG NO. COST COST
FITTINGS:
274 6" PVC Sewer Plug 10 each ea
275 4" PVC Sewer Plug 10 each ea
276 6" CL52 D.I.P. Plu~g 10 each ea
w/Megalug
277 8" CL53 D.I.P. Plug 10 each ea
w/Megalug
278 6" PVC Sewer WYE 10 each ea
279 6x6x4 PVC T-WYE 10 each ea
280 4" Sewer Cleanout 10 each ea
Adapter
281 8" C-900 Manhole 10 each ea
Adapter
282 6" Type S Brass 10 each ea
Counter Plug
283 4" Megalug Accessory 10 each ea
Kit for DIP C-900
284 6" Megalug Accessory 20 each ea
Kit for DIP C-900
285 8" Megalug Accessory 25 each ea
Kit for DIP C-900
286 4" MJ 45 degree Bend 5 each ea
287 4" MJ 90 degree Bend 5 each ea
288 6" MJ 45 degree Bend 5 each ea
289 6" MJ 90 degree Bend 5 each ea
290 8~' MJ 45 degree Beard !0 each ................................ ea ......
50
SCHEDULE OF PRICING CONT .....
GROUP 23 - CAPITAL CONSTRUCTION - Cont ........
ITEM EST ANNUAL BPuAND / UNIT EXTENDED
. ~ DESCRIPTION QTY. CATALOG NO. COST COST
291 8" MJ 90 degree Bend 10 each ea
292 8" x 6" DIP Wye 5 each ea
293 6" PVC Sewer T-Wye'~ 10 each ea
294 6" x 6" CL52 DIP Tee 5 each ea
295 6" x 8" CL52 DIP Tee 5 each ea
296 8" x 8" CL52 DIP Tee 5 each ea
297 8" x 8" CL52 DIP Cross 5 each ea
298 8" CL52 DIP MJ WYE 5 each ea
299 6" MJ Sleeve w/Access 10 each ea
300 8" MJ Sleeve w/Access 10 each ea
301 4" MJ Sleeve w/Access 5 each ea
302 10" MJ Sleeve w/Access 5 each ea
303 8 x 6 PVC Reducer 5 each ea
304 8 x 4 PVC Reducer 5 each ea'
305 8" x 6" Sewer Wye 10 each ea
SCHEDULE OF PRICING CONT .....
GROUP 23 - CAPITAL CONSTRUCTION - Cont ........
ITEM EST ANNUAL BRAND / UNIT EXTENDED
· # DESCRIPTION QTY. CATALOG NO. COST COST
306 6" x 6" Sewer Wye 10 each ea
307 8" C903 Repair 10 each ea
Coupling
MISCELLEANOUS:
308 2' x 1000' Det Tape 3 roll rl
Sewer
309 2' x 1000' Det Tape 3 roll rl
Water
VALVES:
310 4" RW Gate Valve 5 each ea
w/Megalug & Valve Box
311 6" MJ Gate Valve RW 10 each ea
w/Megalug & Valve Box
312 8" MJ Gate Valve RW 15 each ea
w/Megalug & Valve Box
313 10" MJ Gate Valve RW 3 each ea
w/Megalug & Valve Box
314 12" MJ Gate Valve RW 3 each ea
w/Megalug & Valve Box
315 10 x 8 MJ Tapping 3 each ea
Sleeve for DI
316 12 x 8 MJ Tapping 3 each ea
Sleeve for DI
317 8 x 8 MJ Tapping 5 each ea
Sleeve for DI
52
SCHEDULE OF PRICING CONT .....
GROUP 23 CAPITAL CONSTRUCTION - Cont ........
ITEM EST ANNUAL BRAND / UNIT EXTENDED
DESCRIPTION QTY. CATALOG NO, COST COST
318 8 x 6 MJ Tapping 5 each ea
Sleeve for DI
319 6 x6 MJ Tapping 5 each ea
Sleeve for DI
320 6" Tapping Valve R~ 15 each ea
w/box
321 8" Tappin9 Valve RW 11 each ea
w/box
SERVICES:
322 6 x 3/4 ID DBL SS 5 each ea
Strap Epoxy
323 3/4" M-300 Bronze 5 each ea
Gate Valve
324 1" Bronze Gate Valve 5 each ea
325 1 1/2" Bronze Gate 5 each ea
Valve
326 3/4" Corporation Stop 5 each ea
327 1" Corporation Stop 5 each ea
328 1 1/2" Corporation Stop 5 each ea
329 2" Corporation Stop 5 each ea
330 1" CTSPJ x 3/4" Meter 5 each ea
Coupling 3/4" Meter
Ball Valve
331 3/4" CTSPJ x 3/4" 5 each ea
Meter Coupling
3/4" Meter Ball Valve
53
SCHEDULE OF PRICING CONT .....
GROUP 23 - CAPITAL CONSTRUCTION - Cont ........
ITEM EST ANNUAL BPd%ND / UNIT EXTENDED
· # DESCRIPTION QTY. CATALOG NO. COST COST
332 2" CCX FIP Ballcorp 5 each ea
Stop
333 I 1/2" CCX FIP 5 each ea
Ballcorp Stop
334 1" CCX FIP Ballcorp 5 each ea
Stop
335 8 x 2 CC DBL Strap 5 each ea
Saddle
336 8 x 1 1/2" CC DBL 5 each ea
Strap Saddle
337 8 x 1 CC DBL Strap 5 each ea
Saddle
338 8 x 3/4 IP DBL Strap 5 each ea
Saddle
339 8 x 1/2 IP DBL Strap 5 each ea
Saddle
TOTAL BID PRICE FOR GROUP #23: $
(Items 260 - 339)
Agenda Item No. :
AGENDA REQUEST
Date: -~ !~ I ~1:,, ,
Request to be placed on:
%,/ Regular Agenda __ Special Agenda Workshop Agenda
When:
Description of agen~da item (who, what, where; how much):
ORDINANCE/ RESOLUTION REQUIRED: YZS,Q~) Draft Attached: ~/NO
Re c ommendat ion:
Department Head Signature: / ~- l~
Determination of Consistency wit C~Prehensive Plan:
City-Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds ):
Funding available: G/ NO ~ ~~_~1'~1~
Funding alternatives: -
· (if applicable)
Account No. & Des.qription: OOi-[~I!,-SL~.~-~]O t~15 On~ ¢~m~/M~n~.
Account Ba~l. ance: ~ ~-f .'3r'Z$ 04o£/~ . ~
City Manager Review:
ApprovedHold Until for: agenda: ~)/ NO ~
Agenda Coordinator Review:
Received:
Ac t ion: Approved / Dis approved
Memorandum
To: Joseph Safford, Finance Director
Through: Richard Zuccaro, Management Information Systems Manager \~
From: Gregory A. Welch, Systems Administrator
Date: 05/03/96
Subject: IBM AS/400 Operating System Software Upgrade for City Hall and Police.
I have received proposals from IBM describing the features and cost of upgrading our
current version of the IBM AS/400 operating system software. This memorandum will
explain why this upgrade is necessary and beneficial. I have entered a requisition for your
approval (see attachment). The cost of the upgrade will be $25,515.00 for the Management
Information Systems Division and $12,076.20 for the Police Department (accounts
001-1811-513-4690 and 001-2113-521-4690, respectively). This software upgrade can only be
bought from IBM (sole source); therefor, obtaining additional quotations was not necessary.
This software purchase was approved for the current fiscal year and should be added to the
Commission Agenda as soon as possible.
The City has always kept operating system software versions up to date on our critical
business computers. This allows us to provide our customers with the best possible support
and business solutions. In many cases updating the operating system software is the only
way to correct problems encountered in the operating, communications, and applications
environments. Maintaining the operating system software is absolutely necessary when
critical business applications are maintained by third party software vendors (e.g., HTE
Inc.), as application support and enhancements can only be provided to customers with
current operating system software. Following are some benefits of upgrading our operating
system software.
OS/400 Version 3.1 Benefits
· Software Support & Enhancements
Continued support for IBM AS/400 licensed software products.
- Continued support for HTE applications.
Continued support for system management software products (i.e., job accounting,
job scheduling, performance tuning, media management).
Continued support for applications development software products (i.e. database and
application development tools).
· Foundation for Growth
Improved database support and performance by conforming to industry standards.
- Improved personal computer management and connectivity by using Client
Access/400 family of products.
04/29/96 1
Memorandum
OS/400 Version 3.1 Benefits
· Foundation for Growth (continued)
Improved network device connectivity, compatibility, and performance by supporting
the TCP/IP (Transfer Control Protocol/lnternet Protocol) network protocol.
Improved communications performance by significantly increasing the speed of the
underlying transmission protocols of TCP/IP and APPC (Advanced Peer-to-Peer
Communications).
Improved portability and interoperability with systems in a mixed network
environment by creating an integrated file system that complies with many other
industry standard operating system environments.
· Availability
Improved data management is provided with user auxiliary storage pool
enhancements.
System-managed access path protection reduces access path rebuild time.
Multiple service improvements enhance problem management.
Work management changes allow functions that required a dedicated machine to be
performed at any time.
Operating system program temporary fixes do not require the AS/400 to be shutdown
and restarted to take effect.
Printer passthrough functions will allow any printer connected to the Police and City
Hall systems to act as a printer on the other machine.
· Application Development
- Improved application development environment by enhancing programming
languages and database functionality.
CW/GW
Attachments
04/29/96 2
OH
~mo H
~ II
~ oooooooooo ~ ~
0
I
I~ ~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
PBDPOSAL FOR TENNIS CENTER MANAGEMENT
DATE: MAY 3, 1996
We have received the attached proposal from Dubin & Associates for
management of our Tennis Center. Mr. Dubin will attend the Commission
meeting to make a brief presentation on his ideas for promoting the Tennis
Center.
Mr. Dubin's fee plus his preliminary staffing budget total $122,000. The
attached budget shows that we had budgeted $112,830 for salaries and wages
for fiscal 1996, including overt/me, or $9,170 less than Mr. Dubin' s
proposal. This difference may well be reduced, but even if it is not, I
believe it would be well worth the additional cost.
The tennis center manager has resigned. We have now had two different
staff persons manage the center, aDx~ neither one has developed it to its
full potential. We need someone m~unaging the center who can promote and
market it effectively. We have been unable to do this with staff
personnel. Therefore, I believe we should try an outside management firm.
While several firms have expressed interest in managing the tennis center,
they are all unknown c~antities to us. Mr. Dubin, on the other hand, is
well known to us because of his success with our golf course. He is, of
course, also well connected in the world of professional tennis.
For the reasons outlined, and based on his presentation of ideas for the
Tennis Center, I recommend amending our contract with Dubin & Associates to
add management of the Tennis Center until September 30, 1997.
ref: agmemo4
Golf & Tennis Management, Development & Consultation
(?[ty t;f l}~l:ay Beach
100 NW 1 ?;1 /~,venuc,
[)el fa;,' g,,,'.a~:l~, FI.
..Xl;t~: ~ir, 15av~: llardcn, City Manager
l)~ar Mr. Hardo~,
ma~agemenl o~ th~, Delray Beach Tei/nis Center at a ~ee of $1,500 per
H1OiI t !t . ul~de:r l.t~e tqhtlllC. COIl tracl: terms of o12I' pl-f:2set~t
agreemenls for I.akeview Golf Club a~,d Delray Beach Golf
~:~'e belit, ve tt~at it is imperativt~ that wt: cDu~ile:llc(; imm~:di~tel. 5
iii order to be able to:, aggressively pursue the USTA/Florida
Sectio~, Inc. proposal .
Our exp~::rie~ce i~ the golf and rent,is l~usint:z-,s has ~augl~t
the importance_: of balance. Therefore, at all times we wil.i attempt
to balance the need>:; of our conmiuni'ty, tennis players &tld tl~e
'to att:tact eyelets tl~at; are profitable.
We l~ope: 1;l'~il; you will give us tine opportunity to showcase our
faci 1 ity as thc: premier sports; and entertaiiunent vet~ue in South
Florida.
[ttanking you in advance for you cooperation, we remain.
TOttrS; trt.ll.~ ;
Br'ahrn Dubin Presidenl
2200 Highland Avenue · Delray Beach, FL 33445 · (407) 243-8008 · Fax (407) 243-8011
DEI.RAY BEACtl TENNIS CENTER
PRELIMINAN~Y STA['FING BU[~)GET
MANAGE?e ~,~ 327 500
ASSI'. MANAGER 20,g00
<'!.ERKS 50 0 ¢$7.00 per week 1~.200
MAINTENANE'E S(, ~l $7.25
pro:, wi I I be [r'~depende~t con tractors, who wi I 1 pay
BUDGET PREPARATION WORKSHEET L.
FOR FISCAL YEAR
1995 [
1993 1994 REVISED COMMISSION
ACCOUNT DESCRIPTION ACTUALS ACTUALS BUDGET APPROVED
DEPT 41 PARKS & RECREATION
DIV 24 TENNIS CENTER
12-10 REGULAR SALARIES/WAGES 62,399 75,301 52,346 70,320
12-30 TERM.PAY/ SICK & VACATION 907 0 23,845 0
13-10 PARTTIME 17,925 35,307 49,794 38,340
14-10 OVERTIME 186 785 3,150 4,170
21-10 EMPLOYER FICA 6,207 8,440 9,170 8,630
L
22-10 GENERAL EMPL. RETIREMENT 2,490 4,160 4,970 4,450
23-10 LIFE INSURANCE 334 400 300 290
23-20 DISABILITY INSURANCE 667 810 830 760
23-30 HEALTH INSURANCE 5,924 7,600 7,200 7,420
24-10 WORKERS COMPENSATION 2,800 3,870 5,600 5,580
25-10 UNEMPLOYMENT COMPENSATION 180 180 180 70 r
L
25-20 EMPLOYEE ASSISTANCE PROG. 0 0 0 110
PERSONAL SERVICES 100,019 136,853 157,385 140,140
31-20 MEDICAL 181 163 420 2,0 e
31-90 OTHER PROF. SERVICES 4,158 3,200 31,200 48,500
34-20 PEST CONTROL SERVICE 0 105 180 60 r-
L
34-90 OTHER CONTRACTUAL SERVICE 43,590 362 2,900 2,820
40-10 TRAVEL & TRAINING 297 5- 150 110
40-15 RECRUITMENT/RELOCATION 0 0 6,420 0
41-10 TELEPHONE EXPENSE 794 1,909 1,640 1,640
42-10 POSTAGE 0 0 1,000 1,650
43-10 ELECTRICITY 17,112 27,245 37,000 31,500
43-20 WATER & SEWER 7,971 6,349 6,300 7,200
43-25 IRRIGATION WATER 5,742 5,404 6,300 4,000
L
43-30 WASTE COLLECTION & DISP. 1,101 11,671 2,341 2,320
43-50 STORMWATER ASSESSMENT FEE 673 762 380 360
44-30 EQUIPMENT RENTAL/LEASE 0 0 1,080 1,080 F
44-45 VEHICLE RENTAL- GARAGE 1,500 1,500 1,500 1,500
L
44-90 OTHER RENTAL/LEASE COSTS 156,323 181,788 32,100 35,400
45-10 GENERAL LIABILITY 3,425 3,960 9,560 7,920
45-90 OTHER INSURANCE COSTS 0 0 800 800
46-10 BUILDING MAINTENANCE 1,334 2,564 2,q60 2,560
46-20 EQUIPMENT MAINTENANCE 440 2,424 1,500 2,800
46-30 VEHICLE MAINT.- GARAGE 154 555 600 600
46-90 OTHER REPAIR/MAINT. COSTS 4,272 18,793 24,600 11,350
L
47-10 PRINTING/BINDING SERVICES 1,274 0 500 500
48-10 SPECIAL EVENTS 0 0 5,000 0
48-90 OTHER PROMOTIONAL COSTS 1,710 0 1,000 1,500
49-10 ADVERTISING 0 1,909 1,500 2,000
49-90 OTHER CURRENT CHARGES 0 0 0 1,080
51-10 STATIONARY/PAPER/FORMS 152 676 500 600 F
51-20 OFFICE EQUIP. < $500 177 296 100 0
L
51-90 OTHER OFFICE SUPPLIES 1,273 314 300 350
52-10 FUEL/LUBE- VEHICLES 0 0 240 240
52-20 GENERAL OPER. SUPPLIES 1,853 4,602 6,530 600
52-22 UNIFORMS/LINEN SERVICE 494 0 450 810
52-24 BUILDING MATERIALS 0 0 500 1,000
[
MEMORANDUM
- ~ ,~p~
FROM: CITY ~AGER~/~ ~
SUBJECT: AGENDA ITEM ~ ~ ~ - MEETING OF ~Y 7, 1996
~SICI~S EXC~GE PROPOSAL FOR CONCERTS AT THE TE~IS
ST~I~
DATE: ~Y 3, 1996
This is before the Commission to consider a proposal from
Musicians Exchange Referral Services, Inc. to enter into an
arrangement with the City whereby the Musicians Exchange would be
given exclusive authority to promote live music concerts at the
Tennis Stadium.
Musicians Exchange is also the owner of a concert club to be
opened soon on East Atlantic Avenue. They plan to bring in top
name national recording artists in the fields of jazz, blues,
country, classic rock and reggae, and will promote local talent
in these same areas.
Palm Acts, Inc. currently holds an exclusive agreement with the
City to promote non-sporting events in the Stadium, but have not
fulfilled the requirement to have a minimum of four concerts a
year.
As of April 13, 1996, Palm Acts has entered into an agreement
with Charisma Entertainment Group to promote entertainment events
in our Tennis Center. A copy of that contract is attached. Palm
Acts is now proposing to have 25 events over the next year. They
also propose to post a $50,000 bond, guaranteeing payment of
minimum fees to the City even if these events are not held. They
have made charitable contributions totaling $2,700 to Boys and
Girls Club and MADDADS, and intend to do so for every event held
at our stadium.
A copy of our Palm Acts agreement is also attached. At this
point, if the Commission wished to accept the Musicians Exchange
proposal, you would need to give Palm Acts 30 days notice that
you are terminating their agreement pursuant to Section 7(A) .
Our staff has requested more information on Charisma Entertain-
ment. If that checks out satisfactorily, I recommend, as I have
before, that we not terminate our agreement with Palm Acts at
this time. I recommend giving them until December, the second
anniversary of their agreement, to demonstrate satisfactory
performance.
Agenda Item No.: ~
AGENDA REQUEST
Date: April 29~ 1996
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: May ?~ 1996
Description of agenda item (who, what, where, how much): Review proposed
agreement from Musicians Exchange.
ORDINANCE/ RESOLUTION REQUIRED: YES N~/ Draft Attached: YES/NO
Recommendation: Review a_~reement,
Department Head Signature: _
Determination of Consistency with~C~mprehensive 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: ~.S// NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
[ITY JIF I]ELAIIY BEI:I[H
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444. 407/243-7000
AIl-AmericaCity
1993
TO: David Harden, City Manager
FROM: Joe Weldon, Director of Parks and Recreation
SUBJECT: Musicians Exchange
DATE: April 29, 1996
Attached please find a letter from Steven Searle, an attorney
representing the Musicians Exchange. Musicians Exchange is interested in
entering into an arrangement with the City whereby the Musicians Exchange
would be given exclusive authority to promote live music concerts at the
Tennis Stadium. Musicians Exchange is the owner of a soon to be opened
concept club located on East Atlantic Avenue. I met with Dr. Andrew
Astrove, Mr. Kaufmann and Mr. Schoen on April 23, 1996 to review the
Tennis Stadium and their requirements. They agree to our requirements
and understand that they would have to provide a stage if ours was not
suitable for their use.
As you are aware, Palm Acts, Inc. currently has an exclusive agreement
with the City to promote non-sporting events in the Tennis Stadium,
although they have not fulfilled the requirement of the agreement to have
a minimum of four (4) concerts in a year.
Please place this item on the May 7, 1996 agenda for City Commission
consideration.
Joe W on, Director of Parks and Recreation
Ref: mus~chng
THE EFFORT ALWAYS MATTERS
April 17, 1996
Mr. David Harden
City Manager
City of Delray Beach
RE: Musicians Exchange/Tennis Stadium Contract
Dear Mr. Harden:
It was a pleasure speaking with you yesterday regarding
Musicians Exchange's proposal to contract with the city for
musical concerts in the tennis stadium.
We are looking forward to formally presenting our proposal
to the city commissioners on May 7, 1996. I am confident that
our organization can provide a musical venue to Delray Beach that
will bring notoriety to the city and will be profitable as well.
Please notify me in advance as to the time and place of the
commissioner's meeting so that we can prepare a presentation.
Thank you again for your time and support.
Sincerely yours,
Andrew W. Astrove, M.D.
For The Musicians Exchange
cc: Dr. Jay Alperin, Mayor
~drew Astrove, M.D.
~] Medical Co-Director
}'t Anesthesiology
~ and Pain Management
~ Diplomale American Board
of Anesthesiologists
Boca Raton Outpatient Surgery and Laser Center
501 Glades Road · Boca Raton, Florida 33432 · (407) 362-4400
For Billing Inquiries (407) 243-0355 Fax (407) 362-4440
STEVEN SERLE, P.A.
2101 Corporate Boulevard, N. W.
Suite 325
Roca Raton, Florida 33431
TEL: (407) 989-0202
FAX' (407) 989-8760
STEVEN SERLE. ESQUIRE NICOLE M. SPI~GUE
Attorney At La~v Real Estate Administrator
April 3, 1996
David Harden, City manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Re: Musicians Exchange Referral Services, Inc. Letter of intent to enter an Agreement
with the City of Delray Beach
Dear Mr. Harden:
My firm represents Musicians Exchange Referral Services, Inc. My client has authorized
me to make the following proposal to the City of Delray Beach.
Musicians Exchange Referral Services, Inc., a Non-Profit organization, in existence since
1976, is desirous of entering an arrangement with the City whereby the Musicians
Exchange would be given exclusive authority to promote live music concerts at the
Defray Tennis Stadium.
As previously mentioned the Musicians Exchange has been in existence since 1976.
Throughout their twenty year existence Musicians Exchange has prided itself in bringing
the finest in live music to South Florida. The following is a brief synopsis of who
Musicians Exchange is:
1. founders and co-producers of the Riverwalk Blues Festival, which brings more
than 20,000 patrons to downtown Fort Lauderdale. The 10th annual Riverwalk
Blues Festival is planned for November 1, 2, & 3, this year.
2. the promoters of the South Florida Music Expo. The 15th annual Expo will be
held this June.
3. promoters of numerous shows at Parker Playhouse, Sunrise Musical Theatre,
the Omni Auditorium and numerous concerts at various city and county parks.
4. co-promoters and co-producers of the Downtown Festival of the Arts, in Fort
Lauderdale.
5. owners of a soon to be opening concert club located on East Atlantic Avenue
in Delray Beach. This club will bring in top name national recording artists in the
field of Ja?7, Blues, and Rock. The club will also endeavor to promote local
talent in these same areas.
Musicians Exchange has brought a countless number of entertainers and performers to
South Florida. Some of these are;
1. Buddy Guy
2. John Mayal
3. Albert Collins
4. Taj Mahal
5. John Lee Hooker
6. Albert King
7. Coco Taylor
8. Buddy Rich
9. Lionel Hampton
10. Dizzy Gillespie
11. The Crusaders
12. Marshall Tucker Band
13. Dave Mason
14. J. Geils Band
15. Roger McGuinn (the Birds)
16. Axlo Guthrie, plus dozens of other top name and local artists.
Many of these performers appeared at my client's Sunrise Boulevard location, while over
50 concerts were staged at their outdoor venue.
Musicians Exchanges's future relationship with the City of Delray Beach should prove to
be mutually beneficial. If we reach an agreement we will be responsible for the
following items;
1. Insurance
2. Security (via off-duty Delray police, if available)
3. Set up
4. Permits & licenses
5. Code compliance
6. Pay the sum of $2,500. or 10% of the net profit (whichever is greater) to the
City for each concert
7. Pay to the City 12% of the gross concession sales
8. Pay any increase in taxes as a result of our operation, and
9. Promote the City of Delray Beach in all our advertising, including print media,
television, direct mail and trade magazines.
The City's responsibilities will include;
1. Clean up
2. Make the Stadium available,
3. Arrange for the requisite parking to be available
4. Providing utilities for the events and
5. Providing a stage for the concerts.
Some of the events we are planning include, Jazz, Blues, Country, Classic Rock and
Reggae concerts. We also anticipate promoting a major Jazz and Blues Festivals at the
Stadium. Musicians Exchange will aid in promoting and producing many charitable
events at the Stadium. We are very interested in promoting fund raising for civic and
charitable organizations. We will solicit civic and charitable organizations to hold events
at the Stadium, in an effort to bolster community support.
If we can reach an agreement, we will guarantee the City at least eight (8) concerts per
year. Musicians Exchange anticipates using the Tennis Stadium for many more events
than the guaranteed min,~mum.
With the Tennis Stadium available to the Musicians Exchange we will be able to aid in
the revitalization of Delray Beach. We will help make Delray Beach the mecca of music
in South Florida.
This letter is written with our most sincere convictions to reaching a mutually beneficial
agreement.
We are hoping to reach an agreement as soon as possible so we can have our 20th
birthday party and the 15th Annual South Florida Music Expo at the Delray Tennis
Stadium. We are planning this gala event for June 8, 1996.
Please advice us as to your position within ten (10) days of your receipt of this letter.
Since~,,~
/ Y~or'fFhe Musicians Exchange
SS~nms
cc: client
Jay Alpenn, Mayor
LAW OFFICES Of
SHEEHY & FRIEDLER
NASSAU PLAZA
ONE FULTON AVENUE
HEMPSTEAD, NEW YORK 11550
TELEPHONE: (516) 489-1004
TELECOPIER NUMBER (516) 4S9-I 365
SYDNEY FRIEDLER' CLINTON P SHEEHY {1909 -1
HARVEY ~ SCHWEIGER BENJAMIN FRIEDLER (1908] - 1
JEFF SCHWARTZ GARY P.KRAMER (1BB3 - ! 994i
RICHARD KOREN*° LOUISD.BERNSTEIN. COUNSEL
*MEMBER OF NEW YORK & FLORIDA BAR
"MEMBER OF NEW JERSEY BAR
April 25, 1996 PLEASE REFER TO:
Mr. Joe Weldon
c/o City of Del Ray Beach
50 N.W. First Avenue
Del Ray Beach, Florida 33444
Dear Mr. Weldon:
Please be advised that we are the attorneys for Charisma
Entertainment Group and have been authorized to advise you that
Charisma Entertainment will post a $50,000.00 bond to cover the
rental for the tennis facility for a period of one year.
This is based upon the fact that we will be permitted to produce
no less than twenty-five (25) events (including but not limited
to sporting events excluding tennis) in the said facility. The
aforesaid bond will be posted once we receive approval from the
City of Del Ray Beach that we are authorized to produce no less
than twenty-five (25) events (including but not limited to
sporting events excluding tennis) for a one year calendar period,
pursuant to the agreement between Palm Acts Inc. and City of Del
Ray Beach.
It is agreed that the total sum of $40,000.00 or $1500.00 per
event, will be paid to the City of Del Ray Beach, out of the
aforesaid bond, notwithstanding the fact that the twenty-five
(25) events (including but not limited to sporting events
excluding tennis) may not be held during the said calendar year.
It is the intent of this letter to indicated that Charisma
Entertainment Group obligates itself to the City of Del Ray Beach
to pay $2,000.00; $1500.00 for rental fee and $500.00 clean-up
April 25, 1996
Page 2
fee, for each and every event held at the tennis stadium. In the
event that the said twenty-five (25) events (including but not
limited to sporting events excluding tennis) are not held during
any one calendar year, the total sum of $1500.00 per event will
be paid for each event not held.
We would appreciate hearing form you at your earliest convenience
in order to immediately post the said bond.
Very truly..~our/~s,
SHE~ FRIEDLER
SF/kc
-5,,0._3(9__6. __FRI 14:07 ...... FAX_ _~407-_--- v .-78v~_ 4755.... DEL..,~..BCH~.~. · ,.,~CTY ATTY -,-,-, CITI-
AGREEM~ENT made the _ day of Apffi, 1996, by ~d between
Gh~sma ~te~ent ~oup, ~c. (hergin~er ref~ed ~o as "Ch~sma"), 11111
Bisca~e Boulev~d, No~h ~a~, Florida 33181 ~d P~M ACTS, ~C_, (herein~er
r~ed to as "Pa~") of 1301 W~sl N~o~ Center Dfivg, De~d Beach, Florida
33442.
WITNESSETH:
1. P~ a~ees tMt it sh~ll r~ the ~xclu~iw se~ces of Ch~ for the
promofon of ~te~aiment ~ivifi~ as s~ foah brow, at the D~ray Beach Stadium at
Delray Beach, Florida. ~he ~greem~n/~e qo-te~u~ ~th Palm s contract
2~ It is ~e intent ~at Ch~a sh~ ~e e~lu~v~ dght~ to promote
~te.~ment a~ivities, ~ubje~ to a c~am a~eemcnt dated~ fthe 14
_
Thousand a~ 00/100 ($200,000) for ~t use o~y, ~d ~ the ~~y o~hese ~nds
~e depleted, Ch~ma ~11 restore the ~oum to thc escrow accoum or the ~e of credit.
Said sums ~I1 be placed in an accoum ~mained by
as s~ fo~h h~re~above, is to be u~zed for ~e dcsi~atcd pu~oses prodded
p~a~aph.
4~ Palm shall have access to all books and records regarding th~ aforesaid
account.
5. Palm will work with Charisma and use its best efforts to obtain the City's
consent to increase the number of allowable yearly events to twenty-four (24) or more
from the ~ now permitted under the contract of eight (8).
05/03/96 FRI 13:23 [TX/RI NO 6775]
05,'03,'96 FRI 14:08 FAX 4f~7 278 4755 DEL ~3(:H CT¥ ATTY -e~-~ CITY HALL
6. As long as the terms and conditions of this Agreement are met, the Agreement
with Charisma will be co-terminus with Palm Acts' contract with the City.
7. Before proposing an event to the City for approval, Charisma and Palm shall
agree that the event is suitable for the venue.
g. In addition to the aforesaid events, as set forth in paragraph 3 hereinabove,
Charisma and Palm shall work together and with the City, to utili~.e the Deiray Beach
Stadium/bt events that provide a benefit for charitable causes,
9. Charisnaa shall comply with all of,he requ/rements contained in the contract
between Palm .4,ets, Inc. and the City regarding the planning of the actual event itself,
clean-up and coordination with the city on various aspects regarding the event. The
contract with the City contains various requirements, all of which must be complied with
by Charisma_
10. The contract between Palm Acts and the City shall remain in full force and
a/feet and the rights and privileges granted to Palm Acts by vktue of that contract shah
remain with Palm Acts.
l 1. Charisma shall, in addition to the dutie~ provided for under this contract, assist
Palm in fulfilling its role under ,he contract with the City by virtue of Charisma working
with Palm as a liaison with the City_ Charisma will pay for each and every cost and
expense related to putting on events and Palm will not be responsible for any costs or
expenses of any type. It is acknowledged by and between th, parties that the exclusive
purchaser oftalen~ shall be Charisma.
12, Palm will receive five (5~/o) percent of the gross ticket sales and pm'king
revenue, less any cash paid out for artist expense~ paid for by Charisma, including
transportation, lodging and hospitality charges (delivered to stage). For each event, the
05/03/96 FRI 13:23 [TX/RX NO 677fij
City shall be paid at least Two Thousand and 00/100 ($2,000) Dollars of net revenue or
ten (10%) percent, whichever is greater.
13. The City will receive for each event One Thousand Five Hundred and 00/100
($1,500.00) Dollars plus Five Hundred and 00/100 ($500.00) Dollars for ctea~-up, or ten
(10%) percent of net revenue, whichever is greater_
14, Palm will receive ten (I0%j percent fi~om any sponsorsh/p money received by
Charisma and up to fit~:y (50%) percent of sponsorsl~? revenue generated by Palm_
15. _Palm will r~ceive ~yenty-ftve (25%~ oercenl: ofth~ not reven~.e receiv.ed by
Charisma for t!~.e, concessions. Net revenue to be d~fined a~ gross revenue., less cost o_f
16. p__.~m will be responsible for paving ,the City out of its twen .W-five (25%) ofn$~
revem4e for the conc. essigns. .Ali contracts width third panics shaltb.e at arms length a..n._d
standard.with the types of contr...a_cts entered into for suah_p_.urp_ oses. Palm will be provided
· _rith copies of agreements before..zu~h contracts are executed.
17, Palm will receive twenty (2 '/oercent_ of all net merchandising revenue
received by Charisma from ear,.
18. Palm agrees to spht 50/50 with Charisma net revenue generated ~rom
advertising sales, defme~ as permanent signage, at, er the City receives its fifty (50%)
percent_ This can be negotiated and Palm agrees to use it~ best efforts to negotiate with
the City a more favorable arrangement.
19. Any other revenue of any kind obtained directly by Charisma through it~
affiliation with the Delray Beach Stadium shall be shared with Palm with Charisma
reveiving eighty (80%) percent of such revenue and Palm receiving twenty 20%) percent.
05/03/98 FRI 13:23 [TX/RX NO 6775]
DEL BCtt c~.TY .~TT¥_._~_~ (:ITY ItALL,s
14:09 FAX 40? 2~8 4755 _
20, Charisma shall provide complete accounting of all revenues and expenses in
accordance with generally accepted acoountlng principles in conjunction wit& each and
every ~peet of Charisma's role of fulfilling this Agreernem Palm shall have the right to
audit and review Charisma's financial records with regard to its involvement in the Delray
Beach Stadium.
21. All monies due to Palm shall be paid to Palm by Charisma within forty-eisht
(48) hours after TicketMaster reconciliation and no later than twea~ty-one (21) days after
the conclusion of the event~
22. If any of the terms and conditions of this Agreement, including fulfilling the
obligations owed to the City, are not met, or the time deadlines are not met, then this
contract shall be subject to termination upon sixty 60) days written notice by Palm to
Chm-isma, and Charisma shall have ~ days to cure any and all defaults. In the
event said defaults cannot be cured with ~ days, this comraet shall be subject
to immediate termination. If this occurs after an event has been concluded, the parties will
be entitled to their respective shares of the revenues consistent with the terminated
23..am ~athe upcoming Jmes Brown m~-rtt, Charisma will complete each and
every aspect of planning, scheduling and performance of the show, as well as payin8 for all
of the costs and expenses associated with this event consistent with the Agreement. Since
Palm ha~ akeady paid to lames Brown Thirty Thousand and 00/100 ($30,000.00) Doltars~
these monies will be paid back to Palm out. of the first dollars generated by the event
before any other monies are paid to anyone else. This $30,000.00 ~hall be paid to Palm in
addition to other monies Palm is entitled to herein.
24. Charisma will be an independent contractor and will have no authority to
employ any person as an employee or agent of P~lm Acts or the City, nor shall it be
entitled to enter into contracts on behalf of Palm Acts or the City.
05/03/96 FRI 13:23 [TX/RX NO 67751
05,'03,'96 FRI 14:09 FAX 407 278 475.~. )')El._ B~?H.:. _:_(:TY._ATTY -+->--, ¢;;!TY HALl,
25. All talent to perform at the Dekay Beach Stadium shall enter into a contract
with .,,Chqrism. a~ pursuant to the contract between Palm Acts and the City.
26. Charisma will acknowledge that, pursuant to Palm Acts' contract with the
City. Palm ha~ only put on one event thus £a~.
27 Char/sma w/Il diligently pursue and obtain sponsors, advertisers, and talent, as
well as al/other interested parties, regarding events at the Dekay Beach Stadium and will
provide ongoing formal and informal communications to Pahn as to its achievements
Formal status reports to Palm Acts should be received by Palm fi-om Charisma at l~ast on
a monthly basis with regard to efforts being undertaken by Chmisma w/th regard to the
Delray Beach Stadium.
28_ All advertisiug or public relations materials reg~ding the Delray Beach
Stadium shall be gubject to approval by Palm in addition to the requirements under the
comract wi~h the City, and all public announcements ~d promotions shall include Palm in
the commumcatkm
29. Charisma acknowledges that it has been provided with a copy of an
agreement dated November 14, 1995 betwee.n the City of Delray Beach and Liddun
International, Inc.
' ha~tv~ ChiefExecutiv¢ Officer
Charisma Productions, Inc. Palm Acts,
111 l 1 Bisc~yrl~ Boulevard 1301 W. Newport Center Dr~
North Miami, FL 33181 Deert~eld Beacl~ FL 33442
05/05/96 FRI 13:83 [TX/RX NO 6775]
05/03:96 FRI 14'07 FAX 407 275 4755 DEL I~CH c'rk' Am' --- c,'I'~' liALL
AGRF_.I/~ made the .._~ day of April, 1996, by and betwe~
Charisma Entertainment (troup, Inc. (herdns/ter referred to ss "Charisma"), 11111
Biscayne Boulevard, North Ivfiami, Florida 3t 181 and PALM ACTS, INC., (hereinafter
rK-m~l to as "Palm") of 1301 West l~ewport Center Drive, De.~fiald Beach, FIorid~
WITNESSETH:
1. Palm agrees tlmt it shall retain the exchisive servie~:s of Charisma for the
promotion Of r, ntertainment aotivities as set forth below, at the Delray Beach Stadium at
Delray Beach, Florida. , . - ' ' ' n ' ' .
2. It is th~ intent that ~hail,i~ the ~xdusiv, rishts to promote
entertairm~t a~ivittes, subje~ to a ~ f'~]~
c~rta/n agreemb-nt dated the 14~a day o
of Delray Be, ach.
3. Charisma will post Two Hundred Thousand and in
an escrow a~ount or provide an irrevocable litte or,reda .~he amount of Two Hundred
00/100 ($200,000) for event use only,~l in the event any
Thousand
funds
are depleted, Charisma will restor-e'theamaunt_ .to the escrow account or the line of =rcdit.
Said sums will be placed in an account mainta/ned by _.. and
ss set forth h~reinabove, is to be utilized for the designated purposes provided in this
par~mph.
4. P~m shall have a~eess to all books and r~ords regarding the aforesaid
~ccount.
5, Palm will work with Charisma and use its be~t efforts to obtain thc City's
consent to in, ease the rmmb~r of allowabl-- yearly events to ~enty-four (24) or more
fi'om the ~ now pexrnitt~ under the c, ontra~ of ~ig, ht (8).
0~/03/9~ Fl~I 13:23 fTI/R~ NO 6775}
05/03/06 FRI 14:08 FAX 407.27.~.47.5_5__ DEL~BC~H~.~.T¥_ATTY -,~-~ CITY ttALL
6, As IonS ~ the terms nad csmdition~ of'this Agreement m~ met, the Agreement
with Cl~-ism~ will be co-t~minus with P~an A~ts' contrac~ with the City.
7. Before proposin~ an event W the City for approval, Charisma and Palm shall
agree that the event is ~aitable for the venue.
$. In addition to the aforesaid events, as set forth in paragraph 3 hercinabove,
Charisma and Palm shall work ~ogether and with the City, to utni~_e the Dclr~y Beach
Stadium for events that provide a benefit for charitable causes. _
9, Charisma shall comply wlth all of the requirements contained in the contract
between Palm A~s, Inc. and the CRIt regarding the pIanning ofthe actual event itse~
clean-up and coordination with the city on various aspects regarding the event. Thc
contract with the City contain~ various requirements, all of'which must be complied with
by Charisma.
10. The contract between Palm Acts and the CiW shall remain in tull force and
aff'~t and the rights and privileges ~anted to Palm Acts by virtue of that contract shall
remain with Palm A~ts.
11. Charisma shall, in addition 'm th~ dutie~ provided for under this contraS, assist
Palm in figfllling its role under thc contract with the City by virtue of Charisma working
with Palm as a liaison with the City. Charisma will pay for each and every cost and
expense related to putting on events and Palm will not be responsl~ole for any costs or
expenses off any type. It is acknowledged by and between the parties that the exclusive
purchaser oftaleni shall be Charisma.
12. Palm will receive five ($%) p~rcent of the gross ticket sales and perking
revenue, less ,,ny cash paid out for artist expenses paid for by Charisma, including
transportation, lodging and hospitality charges (delivered to s~age). Pot each event, the
05/03/96 FRI 13:23 [TX/RI NO 67751
05/03/96 FRI .1.4.'._0.~ FAX 407 278 47~5 DEL BCH CTY ATTY -~-~-~ CITY HALL
City shall be paid at least Two Thousand and 00/100 ($2,OO0) Dollars of net revenue or
ten (10°,4) percent, whichev=r is ~r0ater.
13. The City will receive for each event One Thousand 1;ire Hundred and 00/100
($1,500.00) Dollars plus Five Hundred and 00/100 ($500.00) Dollars for clean-up, or ten
(10%) percent of net revenue, whichever is greater.
14. Palm will receive ten (10%) peroent from any sponsorship money received by
Chm-isma and up to fifty (50%) percent of sponsorakip r_evenue Se, hera[ed by Palm.
15. p,l_m will reg4ive twenty-five (25%/percent ofth~ net revenue received by
Charisma for the, Concessions_. Net reveque to be deRned as ;ross revenue_, less cost of
Roods sold antilabor.
16, Palm will be res_oons~lc for pa_vin~ the City out of its [wen _tV-five (25%! 0fnet
reveml~ for th~ concessions. Ali contracts with third parties shal! b.e at arms len~h sa__d
standard with the types of contracts entered into for such purp_ oscs. Palm will be prgvidc_d
~vith copies of Iteree. mcn~s before. ;uch contraots are executed.
1 ?. Palm will receive twenty (20%) percent of all net merchandising revenue
reoeived by Charisma from each event.
18. Palm agrees to split 50/50 with Charisma net revenue generated from
advertisin& sales, defme~ as permanem sis~a~e, al~er the City receives its fifty (50%)
percent. This can be negotiated and Palm ai~rees to use its best efforts to negotiate with
the City a more favorablc arrangement.
19. Any other revenue of any kind obtained directly by Charisma through its
~T]liation with the Delray Beach Stadium shall be shared with Palm with Charisma
reoeivin8 ~ighty (80%) p~r~nt of such revenue and Palm receiving twenty 20%) percent.
05/03/96 FRI 13:23 [TX/Ri NO 6775]
· 05..0.~,'96 FRI 14,:09 FAX 407 2?8 4'/55 DEL BCB_CT~ &TTY
20, Cllarimma tubal/provide complete accoungn8 ot~ r~cnu~ ~d ~s m
~rdm~ ~ g~er~y accepted ~u~g p~plem ~ ~~on ~ ~ch and
~ up~ ~C~'s ro~ of~ ~s A~~t. p~ ~ ~ve ~e fi~t to
~dit ~d r~ C~mm's ~al ~o~s ~ ~d to its ~o~t ~ the D~ay
B~ S~i~
21. All monies due to Palm shall be paid to Palm by Charisma within tony-eight
(48) hours after TicketlViaster reconciliation and no lamer then twent),-one (21) days after
the conclusion of the event,
22. If any of'the terms and conditions of this A{Ireement, including fulfilli~ the
obligations owed to the City, are not r~-t, or the timc deadlines ar~ not met, then this
co~ltract ~hall be subject to ter~nation upon s~ 60) days wrinen notice by Palm to
Charisma, and Charisma shall have ~ days to cure any and all defaults. In the
evlmt said defaults cannot be cured with ~ days, this contract shall be subject
to immediate t~rmination. Ii'this occurs after an event has been concluded, the parties will
be entitled to thmir re~peciivo shares of'the revenues consistent with the terminated
23. AS ~ upcomins lames Brown event, Charisma will complete each and
every aspect of planning, schedulin$ and performance of the show, as well as paying for all
of the costs and mxpenm a~ociam~l with this eyrir consistent with the Agreement. Since
Palm has already paid to Iames Brown Thirty Thousand and 00/100 ($30,000.00) Dollars,
these monies will be paid back to Palm out of the first dollars generated by the event
before any other monies are paid to anyone else. This $30,000,00 shall be paid to Palm in
addition to other monies Palm is entitled to herein.
24. Charisrn~ will be an independent contractor and will have no authority to
employ any per,on as an employee or agent of Palm Acts or the City, nor shall it be
entitled to enter into contracts on behalf of Palm Acts or the City.
03/03/96 FRI 13:23 [TX/RX NO 6775]
2~. AU t~lent to perform at the Delray B~ach Stadium shall emer into a contract
with ~ purmant to th~ contract between Palm ~ ~.d the City.
:26. Charisma v~l aclatowledg~ that, pursuant to Palm Acts' contract wi~h the
City, Palm itu only put on one ~ent thus
27. Cbsiisma wUl di~ently pursue and obtsin sponsors, advertisers, and talent, us
well u all other interested parti~, regardin~ events ~t r~ Delr~y Be~ch Stadium ~ will
provide o~oini formsl and i~ormal commtmi~tior~ to Palm as to irs achievement-,,
Formal status reports to Palm Acts should be received by Palm from Charisma at least on
a monthly bags with regard to efforts being undertaken by Charisma with r¢~m'd to the
Delray Be~ch Stadiunt
28. AU advertising or public relations materials regarding the Delray Beach
Stadium shall be subject to approval by Palm in addition to the requirernenCs under thc
contracl with the City, and all public announcements and promotions shall include Palm in
the commumc4~tion.
29. Chum acknowledges that it has been provided with & copy oran
a~reement dated l~lovember 14, 1995 betwegn the City of Delray Beach and Liddun
International, Inc.
Charisma Productions, Inc. Pakn Acts, Inc.
11111 Bisctyn~ Boulevard 1301 W. l~Iewport Center Dr.
NorthMismi, ~ 331Sl DeerfleldBeaoh, ~'L 33442
05/03/96 FRI 13:~3 fTX/I~ NO 6775)
AGREEMENT
THIS AGREEMENT made this /J day of ~~ , 1994 by
and between the CITY OF DELRAY BEACH, FLORIDA, a municipal
corporation of the State of Florida (hereinafter referred to as
"CITY") and PALM ACTS, INC., a Florida corporation,
(hereinafter referred to as "PALM").
W I T N E S S E T H:
WHEREAS, CITY owns and controls certain park land upon
which is located the Delray Beach Municipal Tennis Center,
hereinafter called "Tennis Center"; and
WHEREAS, CITY has determined that it is in the best
interest to present broad-range programming responsive to the
wishes of the City of Delray Beach community in the Tennis
Center that will serve the best overall interest and needs of
all citizens of the City of Delray Beach; and
WHEREAS, PALM has presented to CITY that it would like to
use the Tennis Stadium, consisting of the Tennis Stadium Court
and Clubhouse, (collectively, hereinafter referred to as the
"Stadium") located at the Tennis Center to provide CITY'S
residents with a broad and varied cross-section of entertain-
ment programming; and
WHEREAS, CITY has determined that it is in the public
interest to enter into an agreement with PALM to promote and
produce events at the Tennis Center.
NOW, THEREFORE, it is mutually agreed as follows:
1. Incorporation .of Whereas Clauses. That the
provisions set forth and the clauses set forth above and
commonly referred to as "WHEREAS" clauses are hereby
incorporated into the body of this agreement and shall have
full force and effect herein. For the purpose of this
Agreement, the term "Event" shall mean each and every perfor-
mance, or group of performances at the Stadium which requires a
separate admission fee or, for non-charged admissions, or each
separate attraction for which persons are invited to the
Stadium.
2. Purpose. The parties agree that PALM shall promote
and produce the entertainment in a manner which complies with
contemporary community standards and appeals to the interest of
the general public for the Stadium and to use its best efforts
to promote the Events at the Tennis Center. PALM, at its sole
cost and expense, shall provide management and personnel
experienced in the promotion and production for the purpose of
supervising and directing PALM'S obligations under this
Agreement. PALM agrees to use its best efforts to work with
local charities to hold fund-raising events in association with
PALM'S events.
3. Exclusivity. PALM shall have exclusive authority,
subject only to the provisions and limitations set forth in
this Agreement, to negotiate all contracts or agreements,
including, but not limited to, the contracts and agreements
with suppliers, exhibitors, performers, concessionaires,
advertisers, television and radio media and other media,
-2-
sponsors and other parties relating to the Event. PALM retains
the right to sell and locate advertising within the Tennis
Stadium for each Event, subject to approval by CITY, which
approval shall not be unreasonably withheld. All contracts and
agreements of any kind or nature whatsoever shall be negotiated
and executed by PALM in its name and shall not be contracts and
obligations of CITY. All contracts or agreements of any kind
or nature entered into by PALM shall specifically contain
language which provides that CITY is not a party to such
agreement and is not obligated in any manner by any of the
terms therein.
4. Independent Contractor. It is understood between the
parties that the relationship of CITY and PALM is that of an
independent contractor. PALM shall have no authority to employ
any person as an employee or agent on behalf of the CITY for
any purpose. Neither PALM nor any person engaging in any work
relating to PALM'S rights and obligations set forth herein at
the request of or with the consent (whether actual or implied)
of PALM shall be deemed an employee or agent of CITY, nor shall
any such person represent himself to others as an employee or
agent of CITY. Should any person indicate to PALM or any
employee or agent of PALM, by written or oral communication to
PALM, that the person believes PALM or an employee or agent of
PALM to be an employee or agent of CITY, PALM shall use its
best efforts to correct or cause its employee or agent to
correct that belief.
-3-
5. Compliance with Licensing Requirements. PALM, prior
to commencement of any activities pursuant to the provisions of
this agreement, shall comply with all applicable federal,
state, county, or city licensing requirements and receive all
necessary permissions, permits, approvals and licenses which
are required to perform the activities of producer and promoter
as set forth herein.
6. Term and Renewal. This Agreement shall be for a
period of five (5) years and shall become effective upon the
proper approval of both parties. So long as PALM has performed
satisfactorily under this Agreement, at the conclusion of the
five year term, CITY shall have the option to amend and renew
this Agreement for another five year period. At the conclusion
of the initial five year term, in the event the CITY receives
another offer with respect to the obligations performed by
PALM, CITY shall grant PALM the ability to submit a proposal to
match the offer. CITY shall accept PALM'S offer if it is equal
to or better than the other party's offer.
7. Events. (a) PALM agrees to hold no less than four
(4) and no more than eight (8) Events at the Tennis Center
during each year of this Agreement unless prior approval from
the CITY is obtained. Only two events may last more than two
consecutive days. Prior to scheduling Events at the Stadium,
PALM shall obtain approval from the City Commission for the
proposed Event. Cancellations by the performer, or CITY, or a
cancellation resulting from any unforeseen circumstance may be
rescheduled, and, at PALM'S option, both the cancelled Event
-4-
and/or the rescheduled Event may be counted towards the annual
minimum required Events. Failure to hold at least four Events
per year shall be grounds for the CITY to terminate the
Agreement subject to the CITY giving PALM 30 days written
notice. (b) So long as PALM performs satisfactorily under
this Agreement, PALM shall have the option to increase the
number of Events permitted by the Agreement if, after meeting
with the CITY, the CITY agrees that such an increase would not,
utilizing its reasonable discretion, be detrimental to the
CITY'S interests.
8. Other Agreements. The parties hereto, their
successor and assigns agree to negotiate in good faith in order
to have a cooperative effort in scheduling events to meet the
needs of the parties. PALM acknowledges that CITY has
obligations with Liddun 'International and Kingdom, Inc.
(collectively referred to as "Liddun") and with Palm Beach
County and the Palm Beach County Sports Commission
(collectively referred to as "County") for use of the Stadium.
The City's obligations to provide use of the Stadium to PALM is
subordinate to the CITY'S obligations under the agreements with
Liddun and County. CITY agrees not to enter into any other
agreements with any promoter for non-sporting events.
9. Event Schedulinq. The parties agree to meet twice
each year to discuss.the schedule of PALM'S events at the
Stadium. At the firSt meeting held during the first week of
January, 1995, the parties shall schedule PALM'S Events for the
entirety of 1995. At the second meeting during the first week
-5-
of June, 1995, the parties shall schedule PALM'S events for the
six month period commencing January 1, 1996 through June 30,
1996. At the January 1996 meeting, the parties shall schedule
PALM'S Events for the six month period commencing July 1, 1996
through December 31, 1996. Thereafter, until the end of this
Agreement, the parties shall continue such scheduling in order
that the Events will be scheduled six (6) months in advance.
The scheduling of PALM'S events shall be subject to the
availability of the Tennis Stadium, subject to the restrictions
contained in the Liddun and County agreements, and subject to
Paragraph 8 herein. At each meeting, PALM shall present
possible alternate dates which may be used in the event the
Stadium is unavailable. No later than three weeks after each
meeting, the City Commission shall consider PALM'S requested
event dates and inform PALM of their approval or denial of an
event. The parties agree to meet as soon as possible following
the Commission's action in order to reschedule new events to
replace events which were cancelled.
10. Compliance with Laws. PALM agrees to comply with all
applicable federal, state, county, and local laws and
regulations regarding non-discrimination and specifically
agrees not to discriminate against any person on the basis of
color, race, religion, age, creed, sex, national origin or
disability.
11. Concessions. PALM may sell food, beverages,
confections, refreshments and novelties or may, subject to
approval by CITY, contract with another to provide such
-6-
service. With prior approval from the City, PALM may provide
temporary structures at its own expense, for the sale of
concession items.
In providing the concession service, PALM 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 PALM shall
remain ultimately responsible to CITY for all obligations
required of the concessionaire:
a. Concessionaire shall, prior to commencing any
activities, obtain any and all 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, shall conform to all federal, state,
county, and municipal laws, ordinances and regulations in
all 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. Sale of beer and wine
must comply with all federal, state, county, and municipal
laws, ordinances and regulations and must be properly
licensed by the State of Florida.
'-7--
Additionally, PALM shall submit its calendar of
events to the City Commission who shall have the authority
to prohibit the sale of alcoholic beverages at an event.
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 main-
tenance, repair and service required on all equipment used
on the concession.
g. Concessionaire shall keep all fixtures, equip-
ment and personal property, whether owned by Concession-
aire 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 services 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,
-8-
ordinances and health codes, 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 PALM, such person, firm, or
corporation shall at all times maintain workers' compensa-
tion insurance coverage for all employees which it
employes 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 withou% 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.
12. Utilities and Clean-Up. CITY shall provide utilities
for properly scheduled Events at the Tennis Center. CITY shall
also provide for maintenance and cleanup prior to and upon
completion of properly scheduled events. The cleaning shall
not interfere with the load in, load out, or run of any Event.
For multi-night Events, cleaning shall occur daily at a
mutually convenient time between CITY and PALM so as to not to
interfere with the Event.
13. Event Personnel and Equipment. PALM shall provide
all personnel needed for the Event, including, but not limited
to, ticket sellers, ticket takers, ushers, sound technicians
and stage hands. PALM shall be responsible for the instal-
lation or removal of any additional staging. All sound or
lighting which is to be utilized for the Event or any other
equipment of any type or nature which is needed for the Event
is PALM'S sole responsibility.
14. Police and Emerqency Personnel. PALM 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 Event. The officers shall be
paid at the prevailing off-duty detail hourly rate in effect at
the time of the event. PALM shall, at least thirty (30) days
prior to an Event, consult with the Chief of Police or his
designee to determine the proper scheduling of security for
each Event. Also, PALM shall contact the City Fire Department
to make arrangements for Emergency Medical Technician personnel
to be present at the Events at PALM'S expense.
15. City's Rlqht to Control Premises. 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 city, county, state or federal laws, and neither
CITY nor of any its officers, agents or employees shall be
liable in any manner to PALM or its officers, agents or
-10-
employees for any damages which may be sustained by PALM
through the exercise of this right by CITY.
16. Insurance. PALM shall obtain insurance of the type,
nature, and amount and pursuant to the terms which are set
forth on Exhibit "A" which is attached hereto and incorporated
herein by reference. The CITY shall be named as an additional
insured on all insurance certificates for PALM'S events.
17. Use of the Facilities. In the exercise of the rights
and privileges herein granted, PALM shall be entitled to the
use of the Tennis Stadium during the term of this Agreement for
the following purposes:
a. to utilize the existing facilities located on
said premises, including restrooms, seating, lighting and
other facilities and equipment provided by CITY;
b. to install and utilize such sound and lighting
systems as it shall deem necessary for its show and
performances;
c. to film, video tape, record or authorize others
to film, video tape, or record any show or performance
presented by it or with its permission and to install
equipment necessary for such purposes. Should revenues of
any kind be derived by PALM from permitting such services,
PALM shall include such revenues in gross revenues of
Tennis Stadium operations in computing the monies to be
paid CITY pursuant to the term of this Agreement;
-11-
d. to vend or authorize the vending of programs,
posters, souvenirs, during and after its events or
performances;
e. PALM shall include revenues it receives from any
sources whatsoever while operating pursuant to this
Agreement in gross revenues in computing the monies to be
paid CITY pursuant to ~he terms of this Agreement.
18. Conclusion of Performance. All performances shall
end no later than 11:30 P.M. unless otherwise approved by the
City Commission.
19. City's Rights and Responsibilities. CITY shall have
absolute and full control of the building and all its
appurtenances during the term of this Agreement and may make
such changes and alterations therein, and in the grounds
surrounding same, as may be determined by CITY. CITY shall
provide PALM with reasonable notice prior to CITY making any
change or alteration in the Tennis Center, its building and
appurtenances, and CITY shall consult with PALM in connection
with the timing of such change and alterations provided,
however, that the final decision as to timing shall be in the
sole discretion of CITY. CITY shall have the right during the
term of this Agreement after notice and consultation is
provided above to make changes, alterations and improvements in
the premises, and to the buildings and facilities located
thereon, as it may determine.
20. Parkinq. The City shall make available parking
spaces on City owned or controlled property for each such event
-12-
based on PALM'S estimated requirements and the available number
of City owned or controlled parking spaces. Estimated parking
requirements shall be discussed during the scheduling meetings
in January and June of each year for the events scheduled by
PALM in order that the City, to the extent possible, can avoid
conflicts and provide as much parking on City-owned or
controlled property as available. PALM shall be responsible
for obtaining all additional parking that may be necessary to
provide sufficient parking for an event. The City shall
provide signage to direct the general public to the Event. The
City may require PALM to make arrangements for such additional
parking as may be necessary in the opinion of the city, in
order to ensure adequate parking is provided for an event.
Revenues and fees from parking on private property will be
governed by the terms of agreements with private property
owners.
21. Right to Enter. CITY and authorized agents and
employees shall have the right to enter upon the subject
premises at any and all reasonable times for the purpose of
inspection and observation of PALM'S operation to assure that
requirements of this Agreement are upheld and that no
violations of the rules, statutes, ordinances or regulations
have occurred or are occurring. During these inspections, CITY
shall, without disrupting the Event, have the right to utilize
photographic devices and any other instruments for recording
conditions and Events taking place upon the subject premises.
Said inspections may be made by persons identified to PALM as
-13-
CITY employees authorized for such inspection or may be made by
independent contractors engaged by CITY.
22. Sublicense and Assignment. PALM shall not sublicense
the subject premises or any part thereof or allow the same to
be used or occupied by any person or for any other use than
that herein specified, nor assign said Agreement nor transfer,
assign or in any manner convey any of the rights or privileges
herein granted without the written consent of CITY. Neither
this Agreement nor the rights herein granted shall be
assignable or transferable by any process or proceeding in any
court, or by attachment, execution, proceedings, insolvency, or
bankruptcy either voluntary or involuntary or receivership
proceedings.
23. Alterations. PALM shall not make any permanent
alterations, additions or improvements to the Tennis Center or
any part thereof without the prior approval of CITY.
24. Requested Facilities. PALM shall provide the CITY
with a list of CITY facilities needed for each event at the
time the event schedule is determined.
25. Bond Limitations. It is recognized by PALM 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
-14-
shall automatically terminate, 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 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 which in the opinion of the City's
Bond Counsel would not have Negative Tax Consequences.
26. Staqe. CITY shall provide a stage, as illustrated in
Exhibit "B", with a suitable covering to protect the
performers. Also, a covering shall be provided for the tennis
court to insure against damage to the surface. PALM shall not
be liable for damage to the court if such court covering is in
place. PALM will have access to the existing public address
system for use during the Event. CITY shall be responsible for
the set up and tear down of the stage, stage covering, and
court covering, and shall coordinate its activities with PALM
for each Event.
-15-
27. Seating Available. The total seating capacity of the
Stadium will be at least eight thousand (8,000) seats prior to
installation of the stage.
28. Notice of Defects. PALM shall report safety
deficiencies or any defects it notices on the premises
immediately to City's Risk Manager and City's Parks and
Recreation Director and shall cooperate fully with CITY in the
investigation of accidents incurring on the subject premises.
29. Failure to Remedy. If PALM shall fail, neglect or
refuse within fifteen (15) days after receiving notice thereof
from CITY to conform to the following: any direction or
instruction that may be properly given by CITY or to any
applicable law, ordinance or regulation of the city, county,
state, or federal government, or shall fail, neglect or refuse
to pay any amount due hereunder within forty-five (45) days
after the same shall become due or shall default in the
performance of any of the material terms or provisions herein
required, it shall then be lawful for CITY, at its option, to
declare this Agreement terminated and null and void and CITY
may thereupon obtain a judicial determination to this effect.
29. Indemnification. PALM does hereby release and agree
to indemnify, defend and save harmless CITY from and against
all claims, actions, causes of action, demand, judgments,
costs, expenses, and all damages of every kind in nature
incurred by or on behalf of any corporation or person
whatsoever predicated upon injury or death of any person or
loss over damaged property of whatever ownership arising out of
-16-
or connected with PALM'S operation pursuant to the terms of
this agreement, whether or not the incident giving rise to the
injury, death, loss or damage occurs within or without the
premises.
31. Taxes. PALM shall pay any and all taxes assessed on
the property by reason of PALM'S use thereof pursuant to the
provisions of this Agreement and on any personal property and
improvements belonging to PALM located on the premises and all
applicable sales and other taxes which may be levied against
its operation.
32. Release. PALM acknowledges and agrees that CITY
assumes no responsibility whatsoever for any property placed in
the premises provided for herein and CITY is expressly released
and discharged from any and all liability for any loss, injury,
damage, theft, vandalism or other wrongful acts or acts of any
kind or nature resulting in damage or loss to persons or
property which may sustained by PALM'S use of the premises.
PALM further expressly waives any and all claims for compen-
sation for any and all loss or damages sustained by reason of
any defects, deficiencies, or impairment of the electrical or
sound equipment, water supply equipment or wires furnished for
the premises or by reason of any loss or impairment of light,
current or water supply which may occur from time to time for
any cause, or by reason of any loss or damage sustained by PALM
resulting from fire, water, hurricane, tornado, civil
commotion, riot, theft or other acts of God, and PALM hereby
expressly waives all right, claims and demands and forever
-17-
releases and discharges CITY, its officers and agents from any
and all demands, claims, actions and causes of actions arising
from any of the causes aforesaid. Additionally, if Concession-
aire shall be different from PALM, PALM shall require this
waiver in any contract it enters into with such concession.
33. Fees. PALM shall pay to CITY for the rights and
privileges granted herein One Thousand Five Hundred Dollars
($1,500.00) for the rental of the Tennis Center for each
performance day during an Event, Five Hundred Dollars ($500.00)
for clean-up and lighting costs for each performance day during
an Event, for a total of $2,000.00 for each performance day
during an Event or 10% of net event revenue whichever is
greater. Payment is due no later than thirty (30) calendar
days after an event concludes. For purposes of this Agreement,
net event revenue shall be defined as gross ticket sales plus
any other non-concession revenue to which PALM is entitled to
from the event less expenses listed below. Expenses shall
include, but not be limited to the following: costs of
entertainment, including but not limited to guarantees,
royalties, percentages, complimentary tickets, transportation,
housing, equipment, freight, custodial, engineering, laundry,
telephone, musicians and catering; all administrative and box
office personnel, front of house, including but not limited to
ushers, managers, ticket takers, security and medical costs,
all stagehands and labor associated with the load in, load out
and run of an Event, Event insurance and licensing; marketing,
promotion, box office, Ticket Master or other ticketing agency,
-18-
credit card expenses, and taxes. As an additional expense,
PALM shall contract with a City approved production manager to
coordinate the Event.
34. Concession Revenue. PALM shall pay to CITY ten
(10.0%) percent of net profit received by PALM from concessions
sold during an Event. Net profit is defined as gross sales
less cost of goods sold, labor costs, material costs, and
set-up costs.
35. Advertisinq Revenue. In addition to other revenue,
the parties agree to equally divide any event advertising
revenue in such a manner so that each party receives a 50%
share of all net Event advertising revenue after deducting
direct costs attributed to obtaining such advertising revenue.
Said costs shall not include those expenses already deducted in
Paragraph 33.
36. Failure to Pay. If PALM neglects to make any payment
to CITY within ten (10) days after the day on which the payment
is due and owing, PALM shall pay to CITY for such privilege an
additional charge of Twenty-Five ($25.00) Dollars per day for
each day's delay in payment, retroactive to and beginning with
the first day of the delinquency. CITY'S right to assess the
penalties for payment made later than the day upon which such
payment is due, shall be in addition to its right to terminate
the license in the event payment is due and owing for more than
forty-five (45) days. CITY'S right to assess the penalties for
payment made later than the day upon which payment is due,
-19-
shall be in addition to its right to terminate the license in
accordance with Paragraph 29.
37. Accountinq and Right to Audit. PALM shall provide a
complete accounting of all revenues and expenses in accordance
with generally accepted accounting principals, in conjunction
with the event when payment is tendered to the CITY. CITY
shall have the right to audit and review PALM'S financial
records.
38. Waiver of Breach. Neither the waiver by CITY of any
breach of the agreement, condition or provision of this
Agreement or the failure of CITY to seek redress for violation
of or to insist upon strict performance of, any agreement,
condition or provision, shall be considered to a waiver of the
agreement, condition or provision, or of any subsequent breach
of any agreement, condition or provision. No provision of this
Agreement may be waived except by written agreement pursuant to
all the necessary formalities of the parties.
39. Deposit. Upon agreement by the parties, PALM shall
deposit with the CITY some form of security acceptable to the
CITY to cover the cost of refunding tickets for Events. The
security shall be in cash, or a certified or cashier's check
payable to CITY, a bond executed by a surety or sureties
approved by CITY, naming CITY as principal and CITY as obligee,
or other security acceptable to the CITY. The security shall
be conditioned upon the faithful performance by PALM of all of
the terms of this Agreement and may also be used to refund
ticket sales for events which do not occur, and such portion as
-20-
may be due shall be returned to PALM at the termination of this
Agreement so long as PALM was not responsible for damages to
the Stadium, ordinary wear and tear excepted.
40. Controllinq Law. This Agreement shall be deemed to
be made and shall be in accordance with the laws of the State
of Florida which will be controlling in any dispute that arises
pursuant to this Agreement.
41. Entire Aqreement. This Agreement constitutes the
entire agreement between CITY and PALM and may not be altered,
amended, or modified except by an instrument in writing signed
by the parties to the Agreement with all the same formalities
as this Agreement.
42. Strikes and Unavoidable Causes. CITY shall not be
responsible for its failure to make the premises available or
to provide the facilities and services described herein where
such performance is rendered impossible and impractical due to
strikes, walk-outs, acts of God, inability to obtain labor,
materials or services, government restriction (other than
CITY), enemy action, civil commotion, fire, unavoidable
casualty or similar causes or any other causes beyond the
control of CITY. The cancellation provisions of Paragraph 7
herein shall also apply in this paragraph.
43. Notice. Any notice or communication under this
Agreement shall be in writing and may be given by registered or
certified mail. If given by registered or certified mail, the
notice or communication shall be deemed to have been given and
received when deposited in the United States Mail, properly
-21-
addressed, with postage prepaid. If given otherwise, then by
registered or certified mail, it should be deemed to have been
given when delivered to and received by the party to whom it is
addressed. The notices and communication shall be given to the
particular parties at the following addresses:
CITY: David Harden, City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
PALM: Harold L. Van Arnem
Chairman of the Board
Palm Acts, Inc.
1301W. Newport Center Drive
Deerfield Beach, Florida 33442
Copy to: Drew M. 'Levitt, Esq. Palm Acts, Inc.
1301W. Newport Center Drive
Deerfield Beach, Florida 33442
Either party may at any time by giving ten (10) days written
notice designate any other address or person(s) and sub-
stitution of the foregoing address or person(s) to which the
notice or communication shall be given.
44. Subtitles and Caption.s. Paragraph headings are for
reference purposes only and in the event that such paragraph
headings conflict with any of the substantive paragraphs of
this Agreement, the paragraph headings shall be disregarded.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed by their proper officials on the day
and year first above written.
ATTES'£: ~ ._ CITY O~./~AY BEACH, FLORIDA
Thomas ~¥nch, Mayor
~ty Clerk
-22-
Approved as to Form
i~ o~ y
PALM ACTS, INC.
HAROLD L. VAN ARNEM
Chief Executive Officer
ATTEST:
STATE OF FLORIDA
COUNTY OF BROWARD
The f~egoing instrument was acknowledged before me this
/~/ day of .~"F~Fy,~ ~ , 1994 by HAROLD L. VAN ARNEM,
Chief Executive Officer of PALM ACTS, INC. He is personally known
to me.
My Commission Expires:
...;;~,,~.~. Official ~e~
: ~/'.... BARBARA A. SWEGINNI$
' Notary Public. State of Florida
'* ~-,.~v,~r,,~'~.,.,* My Corem. Expires March 19, 1995
*. ~o~ ~,.~ .o' No. CC 0St$28
-23-
EXHIBIT "A"
INSURANCE REQUIREMENTS OF THE CITY OF DELRAY BEACH
FOR
AGREEMENT WITH GEMINI GRouP, INC.
"GEMINI" SHALL NOT COM~IENCE OPERATIONS UNDER THE TERMS OF THIS AGREEMENT
UNTIL CERTIFICATION OR PROOF OF INSURANCE, DETAILING TERMS AND PROVISIONS
OF COVERAGE, HAS BEEN RECEIVED AND APPROVED BY THE CITY OF RISK MANAGER.
IF YOU HAVE ANY QUESTIONS CALL (407) 243-7150.
THE FOLLOWING INSURANCE COVERAGE SHALL BE REQUIRED.
A. WORKER'S COMPENSATION INSURANCE COVERING ALL EMPLOYEES & PROVIDING
BENEFITS AS REQUIRED BY FLORIDA STATUTE 440. REGARDLESS OF THE SIZE OF
YOUR FIRM. THE LESSEE FURTHER AGREES TO BE RESPONSIBLE FOR EMPLOYMENT,
CONTROL AND CONDUCT OF ITS EMPLOYEES AND FOR ANY INJURY SUSTAINED BY SUCH
EMPLOYEES IN THE COURSE OF THEIR EMPLOYMENT.
B. PUBLIC LIABILITY INSURANCE
NAMING THE CITY OF DELRAY BEACH AS AN ADDITIONAL INSURED IN CONNECTION
WITH THE ACTIVITIES BEING DONE UNDER THIS AGREEMENT.
C. THE FOLLOWING CHECKED TYPES OF INSURA/~CE AND MINIMUM POLICY LIMITS ARE
REQUIRED.
LIMITS OF LIABILITY
EACH
TYPES OF INsuRANcE OCCURRENCE AGGREGATE
PUBLIC LIABILITY
XXXXX COMPREHENSIVE FORM
XXXXX PREMISES - OPERATIONS BODILY INJURY $1,000,000 $1,000,000
EXPLOSION & COLLAPSE HAZARD PROPERTY DAMAGE $1,000,000 $1,000,000
UNDERGROUND HAZARD OR
XXXXX PRODUCTS (IF ITEMS ARE BODILY INJURY AND
SOLD)
CONTRACTUAL INSURANCE PROPERTY DAF~AGE
XXXXX LIQUOR LEGAL (IF ITEMS COMBINED $1,000,000 $1,000,000
(ARE SOLD)
INDEPENDENT CONTRACTORS
PERSONAL INJURY PERSONAL INJURY $1,000,000 $1,000,000
THE CERTIFICATION OR PROOF OF INSURANCE MUST CONTAIN A PROVISION FOR
NOTIFICATION TO THE CITY THIRTY (30) DAYS IN ADVANCE OF ANY MATERIAL CHANGE
IN COVERAGE OR CANCELLATION.
LESSEE SHALL FURNISH TO THE CITY THE CERTIFICATION OR PROOF OF INSURANCE
REQUIRED BY THE PROVISIONS SET FORTH ABOVE, FIVE (5) DAYS PRIOR TO
OCCUPANCY OF THE OFFICE AREA.
MAIL TO: CITY OF DELRAY BEACH, ATTN.: RISK MANAGER, 100 N.W. lST AVENUE,
DELRAY BEACH, FLORIDA 33444
05/07/96 15:09 FAX 305 360 7112 EXECUTIVE ~002__
LAW O~'~CES OP
Dm w M. LEWTT
1301 WE.vt NEWEST CENT~a D~
D~R~t~L~ BEACIt, ~ORtDA 33~2
DR~ M. LEV~* T~P~o~
DE~A R. TA~ (~5~) 419-1360
T~
* ~ IN N~ Yol~ May 7, 199 6 (954) 36~7322
Susan Ruby, Esq.
City Attorney
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Re: December 14, 1994 Contract Between City of Delray
Beach, Florida, and Palm Acts, Inc. (the "Palm Acts
Contract")
Dear Ms. Ruby:
As you know, since December 14, 1994, Palm Acts has been
working very closely with various City Officials in trying to
establish the Delray Beach Stadium (the "Stadium") as a venue for
concerts featuring national acts. The Stadium having never before
been meaningfully used as a concert venue did present a challenge
to Palm Acts.
A concert is scheduled, as you know, for May 11, 1996. Palm
Acts, and its team have invested an enormous amount of time and
money into working out all of the nuances of making the Stadium an
appealing venue for concerts. Of course, substantial time, effort
and money has been invested in the James Brown Concert set for this
Saturday which, based in part upon the new Palm Acts team, will be
the first of many concerts that Palm Acts will be putting on at the
Stadium in the coming months. In fact, Palm Acts fully intends to,
with the city's approval, put on significantly more than the 8
concerts that are currently allowable under the Palm Acts Contract.
Based upon the foregoing, Palm Acts was shocked, to say the
least, by a letter dated April 3, 1996 from Steven Serle, Esq. to
David Hardin. Palm Acts believes this letter was very ill-advised
and constitutes tortious interference. Such a letter, and
communications with Musicians Exchange, especially when they result
in negative front page newspaper articles, is devastating to the
Stadium in general, especially when there is a Concert that is
going to occur within the next four days. This Concert was to mark
the beginning of a new positive era for the Stadium and the
negative press has very severely damaged what Palm Acts estimates
is approximately $1 million of time and money it invested into the
COUNSEL FOR GEM]~ GROUP. INC. AND AFFILIATF.~;
05/07/96 TUE 14:06 [TX/RX NO 6785]
05/07/96 i5:20 FA~ 305 360 7112 EXECUTIVE ~003
Susan Ruby, Esq.
City Attorney
City of Delray Beach
May 7, 1996
Page 2
Stadium. These front page newspaper articles may have a
devastating effect on the ability to obtain talent for the Stadium,
the ability to obtain sponsors, and upon the public's willingness
to attend concerts at a venue that is, for reasons unknown to Palm
Acts, being made to seem as if it is in the midst of turmoil.
It must be remembered that when Palm Acts agreed to promote
concerts for the City of Delray Beach, the Stadium was an unknown
venue that had never before been so utilized. Both sides knew
there were huge hurdles to overcome and that a lot of time and
effort was necessary to make the venue appealing to artists and to
concert-goers. Due to the enormous efforts of Palm Acts and its
consultants and professionals, the Stadium is now poised to reap
great rewards for those involved, primarily the charities involved
and the City of Delray Beach. The City has not indicated to Palm
Acts that Palm Acts was in default of its Contract, that any
problems existed, or that there was any thought of pulling the rug
out from under Palm Acts. Palm Acts has invested huge resources
into laying the foundation for the future success of the Stadium.
Palm Acts is not only completely surprised by these recent
occurrences, but is very deeply disturbed that over a year's worth
of efforts may be going down the drain to the detriment not only of
Palm Acts, but more significantly to the city of Delray Beach and
to the charities and sponsors that have become involved in this
venture.
Based upon the foregoing, Palm Acts requests that no
discussion occur tonight at the Commission Meeting regarding the
Stadium. The prudent approach must be for the City to meet with
Palm Acts and its team and feel comfortable that Palm Acts is
poised to reap great rewards for the city. Palm Acts will agree to
such a meeting immediately and all questions will be addressed to
the complete satisfaction of the City. Also, if any negative
action occurs tonight, the great investment for this Saturday's
concert will be lost and the damage to the Stadium from this
concert being negatively impacted may well be irreparable.
Very truly yours,
Drew M. Levitt
/bas
COPY VIA FAX
05/07/96 TUE 14:06 [TX/RX NO 6785]
Law O~'mCE~ oP
Dm;w M. LEXqTT
1301 WEST NEWPORT CENTER DRWE
DEERFIELD BEACH. ~ORIDA 33~2
T~on~
D~w M. L~ (954) 419-1360
D~NA R. TA~ T~
* ~-r~ In N~ YORK {954) 36~7322
Hay 7, ~996
Susan Ruby, Esq.
City Attorney
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Re: December 14, 1994 Contract Between City of Delray
Beach, Florida, and Palm Acts, Inc. (the "Palm Acts
Contract")
Dear Ms. Ruby:
As a follow-up to my letter of earlier today, I wanted to make
sure that the City of Delray Beach was aware of a certain provision
of its Contract with Palm Acts. I direct your attention to
Paragraph 7 of the Contract which requires Palm to hold at least 4
events at the Stadium during each year of the agreement. This
Paragraph 7 provides that "cancellations by the performer, or City,
or a cancellation resulting from any unforeseen circumstance may be
rescheduled, and, at PALM's option, both the cancelled Event and/or
the rescheduled Event may be counted towards the annual minimum
required events."
For now, putting aside the fact that the Stadium was not ready
for concerts when the Contract with Palm Acts was signed, I wanted
to share with you some of the cancelled events that Palm, under the
Contract, must be given credit towards its 4 concert minimum. As
you know, the Donna Summer Concert and the Delray Praise Team
Christian Gathering Show occurred. Additionally, concerts involv-
ing John Secada, the Beach Boys, and Coolio/Brandy/Skee-Lo were
scheduled and then cancelled by the artist-due to conflicts and
other commitments that were not made known to Palm Acts when
arrangements with the artist were made. Aside from these cancella-
tions, there were several other shows that were tentatively
scheduled which may or may not also qualify as cancelled events
although, since Palm Acts has already met the minimum of 4 events
as described herein, other cancellations are irrelevant to current
issues.
COUNSEL FOR GEMINI GROUP. Inc. AND AFFILIATES
05/07/96 TIlE 15:46 [TX/RX NO 6787]
Susan Ruby, Esq.
City Attorney
City of Delray Beach
May 7, 1996
Page 2
I write this letter just to Place the City of Delray Beach on
formal notice as to the status of the Palm Acts Contract and to
avoid the City from considering any actions which have negative
repercussions for all parties involved.
Of course, I am free to discuss this matter with you this
afternoon, tonight before the meeting, or at any time thereafter to
make sure that Palm Acts and the City of Delray Beach are working
together in a mutually advantageous relationship for the City,
various charities and the public.
Very truly~oursl~
/bas
05/07/96 TUE 15:46 [TX/RX NO 6787]
£1TY OF i)ELA#Y BEA£H
4
~ELR~Y BE~H
lll.lmdca Ci~ MEMO~D~
1993
TO: City Co~ission
FROM: David N. Tolces, Assismt Ci~ Attom~
S~JECT: Se~lement Agreement ~vy v. City of Delray Beach
Attached is the settlement agreement in the above-referenced case. The agreement
would provide for a mechanism for Mr. and Mrs. Levy to have either an automobile
sales or a car wash use on their property. The property is located west of Frederick
Boulevard in between Avenue F and Avenue G on the west side of Federal Highway.
Under the agreement, Mr. and Mrs. Levy will apply for rezoning to an SAD zoning
district which would permit either vehicle sales, leasing and rental of automobiles, or a
vehicle wash establishment. Only one of the uses may exist at any one time. Mr. and
Mrs. Levy, in return, agree to restrict their property on the east side of Frederick
Boulevard, along with the abandoned portion of Frederick Boulevard to residential use,
and record such a restriction. The City must consent to any release of the restriction.
As part of their rezoning application, Mr. and Mrs. Levy will submit a final site plan,
based on the conceptual plan attached as Exhibit "A". The Site Plan Review and
Appearance Board will have to approve any waivers in conjunction with the site plan.
Mr. and Mrs. Levy will have to include certain site improvements as part of their site
plan.
This agreement is before you tonight for your consideration. If the Commission does
not approve the agreement, the City Attorney's Office will continue its efforts to have
the lawsuit dismissed. Please call if you have any questions.
DNT/jlk
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
Diane Dominguez, Planning and Zoning Director
levyplan.dnt ~ C
Pf!n~ec? on Recycled
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: DAVID T. HARDEN
CITY
MANAGER
FROM: DIANE DOMINGUEZ
PLANNING AND ZONING DIRECTOR (~ ~
DATE: MAY 2, 1996
RE: PROPOSED SETTLEMENT FOR THE LEVY PROPERTY
I have reviewed the proposed settlement agreement for the above referenced property.
The agreement itself seems acceptable, as it only requires us to process an application
for a rezoning, site plan, waivers, etc. for a proposed development. It does not
mandate that those actions be approved.
As for the proposal itself, staff has not conducted a full review of the uses or the current
site plan as of yet. It is noted that establishing a used car dealership in this location
will conflict with Policy A-2.4 of the Future Land Use Element, which restricts
dealerships from locating in this area. Also, we do not permit new auto dealerships to
be established on properties less than 1.5 acres in size, whereas this property is
slightly more than one acre in size. The 1.5 acre minimum is a requirement of the
Automotive Commercial (AC) zoning district that would not necessarily apply to this
SAD, but it is a useful guideline. A finding of overall consistency with the Comp Plan
and LDRs could be made, provided that the City Commission specifically finds that the
beneficial aspects of the proposed project outweigh the negative impacts of identified
points of conflict [Section 3.1(C) of the LDRs (Required Findings--Consistency)]. For
instance, the Commission may find that the use itself will be compatible with adjacent
areas, and that it helps to fulfill remaining land use needs, and should therefore be
approved in spite of the auto dealership policy. All of the applicable standards will be
addressed in the staff report for the rezoning, if the settlement agreement is approved.
I do have some concerns with approving a zoning district that essentially allows only
two uses--auto sales/rental and car washes--because of ever-changing market
conditions that require flexibility. Potential alternatives would be to rezone the property
to General Commercial, which would allow the car wash as a conditional use, but does
not allow car sales. The other option is the AC district, which would require a waiver to
the 1.5 acre minimum site size, and would also allow vehicle repair. There would
probably be neighborhood opposition to both of those options.
Memo to: David T. Harden
RE: Levy Settlement Agreement
Page 2
With regard to the site plan, it appears to comply with the minimum development
standards of the SAD zoning district, as well as the City's parking and landscape
regulations. After a full review of the plan is conducted by all departments, some
technical items may be noted, however, at this time it does not appear that significant
waivers are required.
2801 Florida Blvd. · Del~y ~ach · Florida 33483 ~'
Phone: 272-10a4
~ril 30, 1996
~yor ~rin a~ ~rs of the Co~asion
City ~11
100 N.W. 1st Avenue
~lray ~ach, ~ 3~z~z~
Re: Renew of the settl~nt a~e~nt for the ~ pro~y by Tropic ~y
~o~ni~ ~s~iation~
~ar ~. ~yor a~ ~m~rs of the Co~ssion,
~ Feb~ 7, 1995 at the re~est of ~. ~ a~ ~th the cogent of Tropic
~y a~ Tropic Isle, the City ~sion vot~ to ~ve the staff ~rk out the te~
of a settle~nt of the ~i~ litigation ~th the ~s for the use of the pro~y
~o ~ for vehicle sales,'-rental, a~ leasing, ~th no se~ce co~nent; or as a car
wash a~ detailing establis~nt.
~rs fr~ Tropic ~y a~ Tropic Isle ~t in early ~ril to renew the
settl~nt a~ee~nt. ~r consent was subj~t to ce~ain co~itions a~ these
conditions ~ve been address~. A ve~ si~ificant pro, sion relates to the de~
restriction ~ich the ~s ~ve agre~ to in the settl~nt a~ee~nt to place on
their prope~y lyi~ east of the east right of way line of Fr~erick Blvd. to restrict
t~s pro~y to residential use in pe~tuity.
~ appreciate ~. ~ ~eti~ ~th our ~s~iation to r~eive the ~nefit of our
input. ~. ~ ~s not only gone a~ve a~ ~yo~ ~rely re~esting input ~t ~s
~t ~th us on several ~casi~s over the past t~ years (sta~ing ~ny ~nths in
adva~e'~of the C~ssion ~eti~ on Feb. 7, 1995) to ~ sure t~t our conce~s for
develo~nt of ~s pro~y ~re ~ing address~ as ~ thought appropriate.
~e Settle~nt ~e~nt incl~ing Site Plan is the cul~tion of this
lo~ pr~ess.
~r ~ard of ~r~tors ~ve re~ew~ a~ approv~ the site plan a~ the
Settl~nt ~ee~nt and at this ti~ ~uld a~ee ~th your approval of s~.
~ you for your c~ration in rega~ to t~s ~tter.
Sincerely yours,
Tropic Bay Condominium Association
cc: Con~nission Members
City Manager
Roger Saberson
TKOnC
ISLE
Civic A~soelatlon
P.O. Box 2473
Delray Beach. Florida 33444
ApriZ 30, 199U
Mayur Alperin and Membe&'s of the Commission
(:i t¥ He I I
LO0 N.#. 1st Avenue
De.tray Beach, FL
Re: TrpptC isle Civic Association App~uval of the
D~ar Mr. Mayor and Members o~ ~ha Commission,
On Februar~ 7, $995 aL ~h~ request of Mr. I.ev~ and with the consent of Tropic
Bay and TrOpic isle, ~he City COmmission voted to have the staff work out the
elm property for vehicle sales, rental and leasing, wit~ no service component,
or rebec lo wa~h eztab~shmon~ snd
Uumber= from the Tropic Is[u C~vi~ ASSOC[aL~On met ~n early Ap~[l 1996 to
review the settlement agreement Vcopu~ed b~ Mr. Levy. Our consent was
~o certain coflditiu~a and these conditions have been addressed in the
~oLi. lument aKreem~nt. A very s~gntfieflnt OrovlsJoa relates to tho provision
of a deed restrict/on which the Levya have agreed ~o place on their OropertV
located east of Frerod[ck Boulevard to rost. ricL this property to residential
u$e in perpetuity,
we appreciate Mr. L, evy's efforts to m~ct with us and receive the benefit of
our input. MC, ~evy has gone beyond merely reque~tin~ Input but has met with
ue on several occasions over the past two ~ears to be sero that Our concerns
wore being addressed.
puc buat'd of directors h&ve reviewed and aooro~ed ~o s~ ~laq and
Thank you to~ ~o~r ~ooVeration in rc~ard ~o this manner.
02/03/1995 13.:2! 4872721694 TROPIC BAY ASSN P~E 82
CONDOMINIUM ~PA~T~N~
2801 ~o~dl 81~. · OMziy ~.~ · fMddl 3~83
Phone: 272-1094
February 3, 1995
Roger G Saberson
70 Southeast &th Ave
Delray Beach, F1 33483
Dear Mr Saberson:
The Board of Directors of Tropic Bay Condo Apt Assoc. and
the Tropic Isle C£vic Assoc. recently men with Mr Levy and his
attorney Roger Saberson.
With further reference to our communication of July 28ch,
1994 we support the following uses of the Levy Property.
1. The sale, leasing and rental of motor vehicles
2. Wash establl, shment [or motor vehicles
3. De~allin$ o£ motor vehicles
The above uses ma,/ be. conducted ,s£,nRuIarly or in any combina-
c£on s tmUtaneous
Tropic Bay Condominium Assoc would consider favorably a chan§e
£n the zoning west of Frederick Bird with quali£ications as follows:
1. ThaC Mr Levy simultaneous to the cloys approval, restrict his
property east of Fredericks Blvd in perpetuity to residential
use, as well as release his claim Chat Frederick Blvd in front
of these properties is abandoned property namely lots 11-19
block 35, This is a major consideration to our Association.
2. Mr Levy will strategically pla. ce the main entrance and exiC
off of this property on U.S.1/Federal Highway.
3. A wail will be constructed along the west right of way line of
Frederick Boulevard (thereby prevenC[ng any access from the
Levy commercial property), hedging, other appropriate land-
scaping and lighting that may be requested by the AssociatE'On.
l~ne Boarad of Directors of Tropic Isle C:Lv:Lc Association and
Tropic Bay Condom£ntum Association be able ~o review and approve
the proposed sloe plan, hedg£n§, landscapinG, Il§bring, etc.
Pase 1 of 2
82/83/1995 11:21 4072721094 TROPIC ~]AY ~$.~N PAC,~ 03
CONOOMINlUM APARTME:N? AJSOClATION
2801 Florkll Bh~l. · O~lrey 8Ml(~ ·
Phone: 272-1094
5. Under no ctrcumstances ts Frederick Blvd to be opened :o com-
mercial. :ra£ftc to Trop£c Bay Blvd/La Mat Ave. Tropic Bay
Blvd east of U.S.1 ts currently restricted co aucomobtle :raf£tc.
No truck traffic ts permitted.
We are pleased :ha: wt:h your cooperaCton thts matte~ is
beths brou&h: to a conclusLon chat Lncorporates fa£rness to Mr
Levy and addresues the need :o ma£ntaLn the restden:tal chara¢Cer
of property east of Frederick Blvd.
cc: Mike Pakaradont ~~
David N ToLces, £sq
December 191 1994
David N. Tolces, Esq.
Assistant City Attorney
200 NW First Avenue
Delray Beach, FL 33444
Re: Levy Property
Deer Mr. Tolces,
Recently the Board of Directors of Tropic Isle Civic Association and the Board of Directors of Tropic Bay
had a joint meeting with Mr. Levy and his attorney, Roger Saberson, to discuss the potential use of Mr.
Levy's propertywhich lies between the west line of Frederick Blvd. and the east line of Federal Highway and
abuts the southern border of Ralph Buick.
You will recall that I wrote to you on July 28, 1994 concerning this matter and I wanted to clarify for you and
the City, the position of the Tropic Isle Board of Directors.
The Tropic Isle Bcar~l ~ill sunm3rt the following list of uses (which may be conducted singularly or in any
combination simultaneously) for the Levy property west of the west right-of-way line of Frederick Blvd.; (i)
the sale, leasing, and rental of motor vehicles, (id wash establishment for motor vehicles, and (Iii) detailing
of motor vehicles.
As I also indicated in my prior letter, the Tropic Isle Board has opposed further development of the
automotive use zoning category along Federal Highway and have supportedthe zoning designationson the
City's master plan.
However, we believe that the Levy property is unique and should be allowed to return to motor vehicle uses
for the following reasons:
1. The property has .a long history of being used for the sale, rental and leasing of motor
vehicles.
2. The current use proposed by Mr. LeW will be limited to the are· west of the west right-of-
way line of Frederick Blvd.
3. The property abuts Ralph Buick.
4. When Mr. Levy purchased this property he indicated to us that it was to be used at that time
for motor vehicle sales, rental and leasing. The property at that time was controlled by the
County.
5. Most importantly, since Mr. Levy has consented to deed restrict his property lying east of
the right-of-way line of Frederick Blvd. in perpetuity to residential use, this offers our
association the opportunity to accomplish one of our foremost land use goals that we have
had for years, which is to, in essence, erect a "wall" along the west right-of-way line of
Frederick Blvd. to prohibit the further encroachment of commercial uses.
ATLANTIC REFRIGERATION CORP. · 1395 N.W. 17TH AVE., SUITE 113 · DELRAY BEACH, FL 33445
DELRAY BEACH 278-1937 · PALM BEACH 737-5469 · BROWARD 427-3544 * FAX 278-0373
David N. Tolces, Esq.
December 19, 1994
Page 2
Based on our discussionswith Mr. Levy and his agreement, we would favor the restricted uses conditioned
on the following:
A. That Mr. Levy simultaneous to the City's approval, restrict his property east of Frederick
Blvd. in perpetuity to residential use.
B. Mr. Levy will strategically place the main entrance and exit off of this property on U.S.
1/Federal Highway. Secondary entrances/exits would be on Transportation Lane/Avenue
G and Fladell's Way/Avenue F.
C. Mr. Levy construct a wall along the west right-of-way line of Frederick Blvd. Hedging and
other appropriate lendsceping/lightlng that may be requested by the Association.
D. The Board of Directors of Tropic Isle Civic Association be able to review and ~orove the
proposed site plan, hedging, landscaping, etc. referred to in para_graph C.
E. Under no circumstances is Frederick Blvd. to be opened to commercial traffic to Tropic Bay
BlvdJI.aMat Avenue. Tropic Bay Blvd. east of U.S. 1 is currently restricted to automobile
traffic.
The Tropic Isle CMo Association is willing to co-operate with all parties Involved and we will anxiously await
the opportunity to review Mr. Levy's plan.
J. Michael Pakradooni
President
TROPIC ISLE CIVIC ASSOCIATION
cc: Roger G. Sabemon, Esq.
Charles Baechel
04/22/96 I~ON 12:10 F~ 407 278 4755 DEL BCH CTY A~fY .~-~+ SABERSON ~002
B~d ~ C~n~ Co~~n~ · ...'
~ L. Fos~, ~~ ~ W~
~u. ~~ vi~ c~ NOV 2 Z,
~T.~
Nov~P 17, 1995
~. 0avid Tolces, Assts~an~ Cl~
Ct t~ of ~ 6each
0olr~ hath, FL 33444
RE~ LM' PRQP~ - LOTS I-S ~ Z3-24 OF BL~ Z4 ~ ~E ~~ I0
ALL~S ~ OF LOTS Z-S ~ ~ OF LOT ~, IN BL~ 24 DEL ~ P~, P~T B~
14 PA~ g
Dea~ ~. Tolces:
The Palm bach Count~ Tra~ftc Dtvtston has ~ecetv~ a~t~lonal ~nfo~atton ~rom
R~e~ Sa~rson ~a~tng a p~opos~ used car lo~ on ~he Lev~ P~pe~ (descrtb~
above) located on US I sou~h of Ltn~on ~uleva~, as i~ relates ~o ~he
Per~o~nce S~a~a~s tn Section 7.g ot ~he Pala Beach Coun~ Land Develop~nt
C~e. He s~at~ that ~hu pro~ec~, ~tch consists o~ a 1.~6 ac~e us~ ca~ lot,
m~ also d~spl~ n~ cars. b car dealerships do generate ~re tr~ps ~han used
car lo~s. Hoover, ~he ~p generation ~ate o~ 3S dal~ ~r~ps per acre used
~hts p~ect 3ttll sem~o be appropriate. Thts ts due ~o the Fact ~ha~
p~o~ec~ wtll not have ~epat~ and pa~s ~actlt~es ~ha~ a~e ~p~cal tn a new
dealersh4p.
s~e ~o have ~ra~tc concurrenc~ ~or ~he pu~ose of ~our se~lmn~ wtth ~. and
Hrs. Levy. Zf ~ou h~ve an~ questions rege~tng ~hts de~emtnatton, p~ease cell
M at 684-4030.
Stncerel~,
OFFICE OF THE C~NTY
Sentor Registe~ Ctv~l Engineer
cc. Dt one D~I nquez
F~le: b - TPS - T~af~c Stud~ Review
g: ~user~ t sber~wpSO~tps~del
"An Equal Opportunity - Affirmative Action Employer'
~od ~q~mdp~w Bax 2122~ West Palm Beach, Florida 33416-1229 (407) 684-4000
Board of C'ounty Commissioners ( (' County Administrator
Ken L. Foster, Chairman Robert Weisman
Burr Aaronson, Vice Chairman
Karen T. Marcus
Carol A. Roberts Department of Engineering
Warren H. Newell and Public Works
Mary McCarty ~
Maude Ford Lee
November 8, 1995
fir. David Tolces, Assistant City Attorney
City of Delray Beach
100 N.W. 1st St.
Delray Beach, FL 33444
RE~ LEVY PROPERTY - LOTS 1-5 AND 13-24 OF BLOCK 24 AND THE ABANDONED 10 FOOT
ALLEYS EAST OF LOTS 1-SANDEAST OF LOT 23, IN BLOCK 24 DEL RATON PARK, PLAT BOOK
14 PAGE 9
Dear fir. Tolces:
The Palm Beach County Traffic Division has been approached by Roger Saberson
regarding a proposed used car lot on the Levy Property (described above) located
on US 1 south of Ltnton Boulevard, as it relates to the Traffic Performance
Standards in Section 7.9 of the Palm Beach County Land Development Code. The
project will consist of a 1.086 acre used car lot. Based on a trip generation
rate of 35 daily trips per acre, the project will generate 38 daily trips. The
build-out of the project is assumed to be the end of lgg7.
The Traffic Division has determined that the project meets the requirements of
the Palm Beach County Traffic Performance Standards. The City may consider the
site to have traffic concurrency for the purpose of your settlement with flr~ and
firs. Levy. If you have any questions regarding this determination, please call
me at 684-4030.
Sincerely,
OFFICE OF THE COUNTY ENGINEER
Dan Weisberg,
Senior Registered Civil Engineer
cc. Diane Dominquez
File: New - TPS - Traffic Study Review
g:\user\dweisber\wpSO\tps\delray46
"An Equal Opportunity - Affirmative Action Employer"
Box 21229 West Palm Beach, Florida 33416-1229 (407) 684-4000
SETTLEMENT AGREEMENT
This Settlement Agreement (the "Agreement") is made and entered into this day of
April 1996, by and between BARBARA and STANLEY LEVY (the "LEVYS"), and the CITY
OF DELRAY BEACH (the "CITY").
WHEREAS, The LEVYS own real property which is now contained within the city
limits of the City of Delray Beach, which property is legally described as follows:
Lots 1 - 5, inclusive, and Lots 13 - 24, inclusive, of Block 24 Del-Raton Park and
the abandoned 10 foot alleys east of Lots 1 - 5 and east of Lot 23, in Block 24,
Del-Raton Park and Lots 11 - 19 of Block 35 Del Raton Park and that portion
of abandoned Frederick Boulevard lying east of Lots 16 - 22 of said Block 24, all
of the foregoing property is in Del Raton Park according to the Plat thereof
recorded in Plat Book 14, page 9 of the Public Records of Palm Beach County,
Florida
Lots 1 - 5 of Block 24 and the abandoned 10 foot alley east of Lots 1 - 5 of the above-
referenced property is currently zoned Planned Office Development (POD). Lots 13- 24 of
Block 24 and the abandoned alley east of Lot 23, in Block 24 are currently zoned RM. These
portions of the LEVY property shall hereinafter be collectively referred to as the "LEVY
Commercial Property".
The property legally described as Lots 11 - 19 of Block 35 and that portion of
abandoned Frederick Boulevard lying east of Lots 16 - 22 of Block 24 are currently zoned RM
for medium-density muki-family residential purposes, and shall hereinafter be collectively
referred to as the "LEVY Residential Property", and
WHEREAS, On or about October 5, 1992, the LEVYS filed an action against the
CITY for, among other things, inverse condemnation and declaratory relief, styled Stanley M.
Levy. and Barbara C. Levy. v. City of Delray Beach, Case No. 92-10254 AN (the "action"),
which action is now pending in the Circuit Court of the Fifteenth Judicial Circuit in and for
Palm Beach County, Florida.
WHEREAS, The LEVYS and the CITY are desirous of fully and finally resolving the
litigation upon the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the aforesaid Whereas clauses (which are
hereby incorporated into and shall be deemed a part of this Agreement), the covenants and
agreements hereafter set forth, and for one dollar and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged by all parties, it is agreed by and
among the parties hereto as follows:
1. Obliuations of the CITY:
A. The CITY agrees that if the CITY rezones the Levy Commercial
Property to the Special Activities District Zoning classification the use and development of
the LEVY Commercial Property shall be vested for the following "Permitted Uses"~: (i)
vehicle sales, rental and leasing, with no service component and (ii) vehicle wash establishment
and detailing. Only one of the Permitted Uses may exist on the Levy Commercial Property
at any one time. Also, the specific use and development of the LEVY Commercial Property
for vehicle sales, rental and leasing in accordance with the conceptual Site Plan attached as
~ In the SAD ordinance these uses shall be referred to as "Principal Uses" to be
consistent with the usual terminology in the City's Land Development Regulations.
2
Exhibit "A" (the "Site Plan") shall be vested for all concurrency purposes. The LEVY'S shall
submit a formal site plan application and the Site Plan for review by the Site Plan Review and
Appearance Board ("SPRAB"), at such time as they deem appropriate. SPRAB's review of the
application shall be for technical compliance only. Technical compliance includes but is not
limited to drainage, parking requirements, landscaping and setbacks.
B. Promptly upon the execution of this Agreement, the LEVYS shall file
with the CITY and the CITY shall process the petition(s) to rezone the entire LEVY
Commercial Property to SAD with the following Permitted Uses: (i) vehicle sales, rental and
leasing, with no service component and (ii) vehicle wash establishment and detailing, and to
amend the Future Land Use Map of the City's Comprehensive Plan so that the entire LEVY
Commercial Property is in a Land Use Designation of General Commercial "GC". The City
represents and warrants that there are no other Comprehensive plan amendments that are
necessary in order to make the SAD zoning for the Levy Commercial Property (including the
Permitted Uses) consistent with the Comprehensive Plan as required by law. The CITY will
process the change in Land Use Designation as a small scale amendment under Section
163.3187, F.S. The CITY agrees that it shall not elect to have the requirements of
5163.3184(3)- (6), F.S., be applicable to any Comprehensive Plan Amendments required under
this Agreement.
C. The CITY acknowledges that waivers will be necessary for development
of the LEVY Commercial Property in conformance with the Site Plan and the City agrees to
process the necessary waivers concurrently with the site plan application and SAD ordinance,
as applicable.
3
D. The CITY hereby agrees to expeditiously hold all hearings as may be
necessary, upon the LEVYS filing the applications for rezoning and to amend the Future Land
Use Map of the CITY's Comprehensive Plan, and will take all other procedural steps as may
be required by law to properly process said applications.
E. The CITY agrees to be responsible for its own attorney's fees and costs
for the action.
F. The CITY agrees that upon execution of this Agreement it will enter
into a stipulation to be filed of record in the action, providing that the subject action will be
stayed until one of the following occurs:
(1) The City Commission has denied either the rezoning to SAD
with the Permitted Uses as set forth in Paragraph 1.A., above, or
denied the change in the Future Land Use Map to change the
Land Use Designation of the LEVY Commercial Property to
General Commercial; or
(2) Four (4) months have elapsed from the date of the Settlement
Agreement, and the CITY has not:
(i) Adopted the rezoning to SAD for the entire
LEVY Commercial Property, with the Permitted
Uses set forth in Paragraph 1.A., above, and
(ii) Adopted the change in Future Land Use Map to
change the Land Use Designation for the entire
Levy Commercial Property to General
Commercial;
G. The CITY acknowledges and agrees that time is of the essence in the
performance of each parties' Obligations hereunder.
4
2. Obligations of the LEVYS:
A. The LEVYS agree to restrict (and record the restriction) the LEVY
Residential Property in accordance with the restrictive covenants ("Restrictions") attached
hereto as Exhibit "B" and incorporated herein. These Restrictions shall be recorded if and
only if, the following have occurred: (i) if the conditions for terminating the action set forth in
paragraph 3.(1)(i)-(iii), inclusive have been met, and (ii) the City has approved the Site Plan for
vehicle sales, rental and leasing (with no service component) or has approved an alternative
site plan for vehicle wash establishment and detailing, and said approval has become final.
B. The LEVYS agree to pay all expenses of the application to amend the
Future Land Use Map of Comprehensive Plan and SAD rezoning as set forth in paragraph
!.B. above, including but not limited to, expenses for advertising and the providing of
notification to surrounding property owners.
C. The LEVYS agree that their Site Plan for either of the Permitted Uses
set forth in 1 A., shall contain the requirements set forth in (1) and (2) below, and that if the
Site Plan submitted to the City does not include (1) and (2), the City shall have no obligation
to process the Site Plan application through the City review process.
(1) The LEVYS will strategically place the main entrance and exit
off of this property on U.S. 1/Federal Highway. Secondary
entrances/exits will be on Transportation Lane/Avenue G and
Fladell's Way/Avenue F.
(2) The LEVYS will construct a wall along the west right-of-way
line of Frederick Boulevard (thereby preventing any access from
the LEVY Commercial Property), and will provide hedging and
other appropriate landscaping/lighting that may be requested by
the Tropic Isle Civic Association and Tropic Bay Condominium
Association.
5
D. The Board of Directors of the Tropic Isle and Tropic Bay Civic
Associations shall be entitled to review and recommend approval of the proposed site plan,
hedging, landscaping, et cetera for the Levy Commercial Property.
E. The LEVYS agree to be responsible for their own attorney's fees and
costs for action.
F. The LEVYS agree that upon execution of this Agreement they will enter
into a stipulation to be filed of record in the action providing that the subject action will be
stayed as set forth in Paragraph 1.F., above.
3. The parties agree that they will jointly submit this Settlement Agreement to the
court in the pending action for entry of an order approving this Agreement and incorporating
it into the order for purposes of enforcement. The parties also agree that this action shall be
terminated by the order of the court approving this Settlement Agreement when:
(1) Four (4) months have elapsed from the date of this Settlement
Agreement, and:
(i) The City has adopted the rezoning to SAD for the
entire LEVY Commercial Property to permit the
Permitted Uses (as principal uses under the City's
Land Development Regulations), and
(ii) The City has adopted the change in Future Land
Use Map of the Comprehensive Plan changing the
Land Use Designation of the entire LEVY
6
Commercial Property to General Commercial,
and
(iii) The appeals process for all items set forth above in
3(1)(i)-(ii), inclusive, has run and the approvals
remain unchanged and in full force and effect.
(2) If all of the above conditions for terminating the action have not
been complied with within four (4) months from the date of this Settlement Agreement then
either party shall have the right to terminate this Settlement Agreement by providing written
notice to the other party.
4. Miscellaneous:
A. Full Settlement. All parties acknowledge that the terms of this
Agreement, as set forth herein, represent their agreement upon a full and complete settlement
of any and all controversies between them pertaining to Stanley M. Levy. and Barbara C. Levy.
v. City of Delray Beach, Case No. 92-10254 AN and that the terms and conditions of this
Agreement were arrived at in arms-length negotiations between the parties, with independent
legal advice. It is the intention of this Agreement to settle all controversies between and
among the parties hereto in the action including without limitation any and all claims which
were or could have been brought therein.
B. Approval by the Court. The parties obligations hereunder are subject to
and conditioned upon the Court in the pending action approving the terms of this Settlement
Agreement and incorporating.this Agreement into its order of approval.
C. LEVY shall have the right to request any other uses. Notwithstanding
7
anything in this Settlement Agreement to the contrary the LEVYS, or their successors and/or
assigns may (after the expiration of 2 years from the effective date of the SAD ordinance
referred to herein) at any time and from time to time may apply for and request the CITY
and/or other applicable governmental authorities to permit uses on the LEVY Commercial
Property other than the Permitted Uses (these other uses referred to as "Alternate Uses").
Approval of Alternate Uses shall not divest the continuing right of the LEVY'S to use
the LEVY Commercial Property for the Permitted Uses referred to in paragraph 1 A..
The LEVYS agree that prior to making formal application to any governmental
authority including the CITY to request approval of Alternate Uses, they will provide
written notice to the Tropic Isle Civic Association, Inc. and Tropic Bay Condominium
Apartment Association, Inc. (collectively "Associations"). The LEVYS also agree that prior to
using the LEVY Commercial Property for Alternate Uses, they must have obtained written
approval of the Associations, provided however, that the Associations may not unreasonably
withhold approval of such Alternate Uses. It is agreed that if either of Associations cease to
exist no notice or approval shall be required as to that Association.
D. LEVY shall make no claim for monetary, compensation against the
CITY under Chapter 70, Florida Statutes. The LEVYS agree that they will not make any
monetary claim against the CITY for the CITY's approval of the SAD ordinance which
includes the Permitted Uses as set forth in paragraph 1 A.).
E. Entire Agreement. No agreement or representations among the parties
to this Agreement, unless incorporated in this Agreement, shall be binding upon any of the
parties hereto. This Agreement embodies the entire agreement and understanding of the
8
parties hereto, supersedes any prior agreement between the parties, and may not be changed,
altered, or modified except by instrument in writing signed by the party against whom
enforcement of any such change, alteration or modification is sought.
F. Interpretation. The parties agree that all parties participated in drafting
this Agreement, and in the event judicial interpretation of any terms of this Agreement is
required, such terms will not be construed against any of the parties hereto.
G. Binding on Successors. This Agreement shall be binding on all
successors or assigns of the parties. This Agreement shall not be recorded in the Public
Records of Palm Beach County, Florida, however, the fully executed LEVY Restrictions, in
the form attached as Exhibit "B", shall be recorded in the Public Records of Palm Beach
County, Florida.
H. Q~tions Meaningless. The parties agree that all captions herein are for
the convenience of the parties and shall not effect the construction hereof.
I. Survival. The terms of this Settlement Agreement shall survive the
entry by the Court of the order approving this Agreement and this Agreement shall be
independently enforceable, in addition to its enforcement pursuant to the Court order.
J. JLrRY TRIAL WAIVER. THE LEVYS AND THE CITY
KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT
EITHER MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION
BASED ON, OR ARISING OUT OF, OR UNDER OR IN CONNECTION WITH THIS
AGREEMENT OR RELATED HERETO, OR ANY COURSE OF CONDUCT OR
DEALING, STATEMENTS (WHETHER ORAL OR WRITTEN) OR ACTIONS OF
9
EITHER PARTY ARISING OUT OF THIS AGREEMENT. THIS PROVISION IS A
MATERIAL INDUCEMENT FOR THE PARTIES TO ENTER INTO THIS
AGREEMENT.
CITY OF DELRAY BEACH
By:
Witness Mayor
Witness
Attest:
City Clerk
Approved as to form and sufficiency
City Attorney
Witness STANLEY M. LEVY
Witness
Witness BARBARA C. LEVY
Witness
10
EXHIBIT B
RESTRICTION
This instrument was prepared
by and return to:
Roger G. Saberson, P.A. Property Appraiser's
70 S.E. 4th Avenue Parcel Identification No.
Delray Beach, Florida 33483
This Indenture, made this day of 1996, by Stanley M. Levy and
Barbara C. Levy, his wife (the "Owner").
WHEREAS, the Owner, owns certain property in Palm Beach County, F1 described as
follows:
Lots 11 - 19 of Block 35 and that portion of Frederick Boulevard directly east of
Lots 16 - 22 of Block 24, DEL RATON PARK, according to the Plat thereof
recorded in Plat Book 14, Pages 9 and 10 of the Public Records of Palm Beach
County, Florida (hereinafter the "Real Property"), and
WHEREAS, the Owner also owns some nearby property which is referred to in a
Settlement Agreement with the City of Delray Beach ("City"), as the Levy Commercial
Property, and
WHEREAS, the Owner in regard to the Levy Commercial Property has requested
that the City permit the reestablishment of certain uses which include the following: (i)
vehicle sales, rental and leasing, with no service component and (ii) vehicle wash establishment
and detailing (collectively herein the "Proposed Uses"), and
WHEREAS, Tropic Isle Civic Association, Inc. and Tropic Bay Condominium
Apartment Association, Inc. (collectively the "Associations") are the homeowners associations
which are in closest proximity to the Levy Commercial Property and therefore the Owner
requested their consent and approval as to the Proposed Uses, and
WHEREAS, the Board of Directors of the Associations have represented to the
undersigned that their Associations have consented and approved of the Proposed Uses for the
Levy Commercial Property if the Owner would, among other things, deed restrict the Real
Property to residential use to help prevent the further expansion of commercial uses toward
the east, and
WHEREAS, Owner agreed to deed restrict the Real Property to residential use if the
City permitted the Proposed Uses on the Levy Commercial Property as conforming uses.
NOWTHEREFORE, for one dollar and other good and valuable consideration the
receipt and sufficiency of which is hereby acknowledged, the undersigned agree as follows:
1. The above WHEREAS, clauses are incorporated herein.
2. The Owner, subject to the terms and conditions in this instrument, does hereby, in
perpetuity, restrict the future use of the Real Property to residential uses with
customary accessory uses.
3. This instrument shall automatically ter. minate if either of the following occur: (A) If,
without the written consent of then owner of the Levy Commercial Property, the
City of Delray Beach or other applicable governmental authority limits the use of the
Levy Commercial Property in any manner that does not allow all of the following as
permitted and conforming uses; (i) vehicle sales, rental and leasing, with no service
component and (ii) vehicle wash establishment and detailing, (the foregoing
collectively "Permitted Uses") and/or (B) if any property that abuts the Real Property
to the south or east is zoned or otherwise allowed by the City of Delray Beach or
other applicable governmental authority to be used for a purpose or purposes other
than residential. If either (A) or (B) occur then this instrument shall be null and void.
4. The Owner agrees that only one of Permitted Uses, either (i) or (ii) in paragraph 3
above, may exist on the Levy Commercial Property at any one time.
5. The exclusive remedy for a violation of the restriction referred to in paragraph 2
above, shall be injunctive relief not damages.
6. Except as set forth in paragraph 3, this restriction may be amended or terminated only
with the written consent of the City of Delray Beach, the Tropic Isle Civic
Association, Inc. and Tropic Bay Condominium Apartment Association, Inc. and the
then owner(s) of the Real Property. If either of said Association's cease to exist their
consent shall not be required.
7. Unless and until terminated, this instrument shall constitute a covenant running with
the Real Property and shall be binding upon the heirs, personal representatives,
administrators, successors and assigns of the parties.
2
In Witness Whereof, Owner has hereunto set Owner's hand and seal the day and year
first above written.
Signed, sealed and delivered in our presence:
Print name: Stanley M Levy
Print Name:
(Seal)
Print name: Barbara C. Levy
Print Name:
STATE OF FLORIDA
COUNTY OF PAI.M BEACH
The foregoing instrument was acknowledged before me this ~ day of
__, 1996 by Stanley M. Levy and Barbara C. Levy.
Notary Public
My Commission Expires:
Personally Known ~ OR Produced Identification ~
Type of Identification Produced
CITY OF DELRRY BEII[H
CITY ATTORNEY'S OFFICE
Writer's Direct Line: (407) 243-7090
DELRAY BEACH
IF t 0 R I D A
llI.A~erica Ci~ MEMORANDUM
1993
TO: City Commission
FROM: David N. Tolces, Assistant City Attorne~
SUBJECT: Settlement Agreement Levy v. City of Delray Beach
Attached is a draft settlement agreement in the above-referenced case. The agreement
would provide for a mechanism for the Levy's to have either an automobile sales or a
car wash use on their property. The property is located east of Frederick Boulevard in
between Avenue F and Avenue G on the east side of Federal Highway.
Under the agreement, the Levys will apply for rezoning to an SAD zoning district which
would permit either vehicle sales, leasing and rental or a vehicle wash establishment.
Only one of the uses may exist at any one time. The Levys in return agree to restrict
their property on the west side of Frederick Boulevard to residential use and record such
a restriction. The City must consent to any release of the restriction.
As part of their rezoning application, the Levys will submit a final site plan, based on
the conceptual plan attached as Exhibit "A'. The Site Plan Review and Appearance
Board will have to approve any waivers in conjunction with the site plan. The Levys
will have to include certain site improvements as part of their site plan.
This agreement is before you tonight for review and comment. If the Commission
views this agreement favorably, the agreement will be placed on the March 19, 1996
agenda for formal approval. Please call if you have any questions.
DNT/jlk
cc: David Harden, City Manager
Alison Harty, City Clerk
Diane Domin~ez, Pla~ng D~ector
Prmted on Recycled Paper
SETTLEMENT AGREEMENT
This Settlement Agreement (the "Agreement") is made and entered into this day of
March 1996, by and between BARBARA and STANLEY LEVY (the "LEVYS"), and the
CITY OF DELRAY BEACH (the "CITY").
RECITALS
WHEREAS, The LEVYS own real property which is now contained within the city
limits of the City of Delray Beach, which property is legally described as follows:
Lots 1 - 5, inclusive, and Lots 13 - 24, inclusive, of Block 24 Del-Raton Park and
the abandoned 10 foot alleys east of Lots 1 - 5 and east of Lot 23, in Block 24,
Del-Raton Park and Lots 11 - 19 of Block 35 Del Raton Park and that portion
of abandoned Frederick Boulevard lying east of Lots 16- 22 of said Block 24, all
of the foregoing property is in Del Raton Park according to the Plat thereof
recorded in Plat Book 14, page 9 of the Public Records of Palm Beach County,
Florida
Lots 1 - 5 of Block 24 and the abandoned 10 foot alley east of Lots 1 - 5 of the above-
referenced property is currently zoned Planned Office Development (POD). Lots 13- 24 of
Block 24 and the abandoned alley east of Lot 23, in Block 24 are currently zoned RM. These
portions of the LEVY property shall hereinafter be collectively referred to as the "LEVY
Commercial Property".
The property legally described as Lots 11 - 19 of Block 35 and that portion of
abandoned Frederick Boulevard lying east of Lots 16 - 22 of Block 24 are currently zoned RM
for medium-density multi-family residential purposes, and shall hereinafter be collectively
referred to as the "LEVY Residential Property", and
WHEREAS, On or about October 5, 1992, the LEVYS filed an action against the
CITY for, among other things, inverse condemnation and declaratory relief, styled Stanley M.
Levy. and Barbara C. Levy v. City of Delray Beach, Case No. 92-10254 AN (the "action"),
which action is now pending in the Circuit Court of the Fifteenth Judicial Circuit in and for
Palm Beach County, Florida.
WHEREAS, The LEVYS and the CITY are desirous of fully and finally resolving the
litigation upon the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the aforesaid Whereas clauses (which are
hereby incorporated into and shall be deemed a part of this Agreement), the covenants and
agreements hereafter set forth, and for one dollar and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged by all parties, it is agreed by and
among the parties hereto as follows:
1. Obligations of the CITY:
A. The CITY agrees that if the CITY rezones the Levy Commercial
Property to the Special Activities District Zoning classification the use and development of
the LEVY Commercial Property shall be vested for the following "Permitted Uses"~: (i)
vehicle sales, rental and leasing, with no service component and (ii) vehicle wash establishment
and detailing. Only one of the Permitted Uses may exist on the Levy Commercial Property
at any one time. Also, the specific use and development of the LEVY Commercial Property
for vehicle sales, rental and leasing in accordance with the conceptual Site Plan attached as
~ In the SAD ordinance these uses shall be referred to as "Principal Uses" to be
consistent with the usual terminology in the City's Land Development Regulations.
2
Exhibit "A" (the "Site Plan") shall be vested for all concurrency purposes. The LEVY'S shall
submit a formal site plan application and the Site Plan for review by the Site Plan Review and
Appearance Board ("SPRAB"), at such time as they deem appropriate. SPRAB's review of the
application shall be for technical compliance only. Technical compliance includes but is not
limited to drainage, parking requirements, landscaping and setbacks.
B. Promptly upon the execution of this Agreement, the LEVYS shall file
with the CITY and the CITY shall process the petition(s) to rezone the entire LEVY
Commercial Property to SAD with the following Permitted Uses: (i) vehicle sales, rental and
leasing, with no service component and (ii) vehicle wash establishment and detailing, and to
amend the Future Land Use Map of the City's Comprehensive Plan so that the entire LEVY
Commercial Property is in a Land Use Designation of General Commercial "GC". The City
represents and warrants that there are no other Comprehensive plan amendments that are
necessary in order to make the SAD zoning for the Levy Commercial Property (including the
Permitted Uses) consistent with the Comprehensive Plan as required by law. The CITY will
process the change in Land Use Designation as a small scale amendment under Section
163.3187, F.S. The CITY agrees that it shall not elect to have the requirements of
$163.3184(3)- (6), F.S., be applicable to any Comprehensive Plan Amendments required under
this Agreement.
C. The CITY acknowledges that waivers will be necessary for development
of the LEVY Commercial Property in conformance with the Site Plan and the City agrees to
process the necessary waivers concurrently with the site plan application and SAD ordinance,
as applicable.
3
D. The CITY hereby agrees to expeditiously hold all hearings as may be
necessary, upon the LEVYS filing the applications for rezoning and to amend the Future Land
Use Map of the CITY's Comprehensive Plan, and will take all other procedural steps as may
be required by law to properly process said applications.
E. The CITY agrees to be responsible for its own attorney's fees and costs
for the action.
F. The CITY agrees that upon execution of this Agreement it will enter
into a stipulation to be filed of record in the action, providing that the subject action will be
stayed until one of the following occurs:
(1) The City Commission has denied either the rezoning to SAD
with the Permitted Uses as set forth in Paragraph 1.A., above, or
denied the change in the Future Land Use Map to change the
Land Use Designation of the LEVY Commercial Property to
General Commercial; or
(2) Four (4) months have elapsed from the date of the Settlement
Agreement, and the CITY has not:
(i) Adopted the rezoning to SAD for the entire
LEVY Commercial Property, with the Permitted
Uses set forth in Paragraph 1.A., above, and
(ii) Adopted the change in Future Land Use Map to
change the Land Use Designation for the entire
Levy Commercial Property to General
Commercial;
G. The CITY acknowledges and agrees that time is of the essence in the
performance of each parties' obligations hereunder.
4
2. Oblizations of the LEVYS:
A. The LEVYS agree to restrict (and record the restriction) the LEVY
Residential Property in accordance with the restrictive covenants ("Restrictions") attached
hereto as Exhibit "B" and incorporated herein. These Restrictions shall be recorded if and
only if, the following have occurred: (i) if the conditions for terminating the action set forth in
paragraph 3.(1)(i)-(iii), inclusive have been met, and (ii) the City has approved (and the
approval has become final) the Site Plan or other site plan acceptable to LEVY'S for the
development and use of the LEVY Commercial Property for vehicle sales, rental and leasing,
with no service component.
B. The LEVYS agree to pay all expenses of the application to amend the
Future Land Use Map of Comprehensive Plan and SAD rezoning as set forth in paragraph
1.B. above, including but not limited to, expenses for advertising and the providing of
notification to surrounding property owners.
C. The LEVYS agree that their Site Plan for either of the Permitted Uses
set forth in 1 A. will contain the following:
(1) The LEVYS will strategically place the main entrance and exit
off of this property on U.S. 1/Federal Highway. Secondary
entrances/exits will be on Transportation Lane/Avenue G and
Fladell's Way/Avenue F.
(2) The LEVYS will construct a wall along the west right-of-way
line of Frederick Boulevard (thereby preventing any access from
the LEVY Commercial Property), and will provide hedging and
other appropriate landscaping/lighting that may be requested by
the Tropic Isle Civic Association and Tropic Bay Condominium
Association.
(3) The Board of Directors of the Tropic Isle and Tropic Bay Civic
5
Associations shall be entitled to review and recommend approval
of the proposed site plan, hedging, landscaping, et cetera for the
Levy Commercial Property.
D. The LEVYS agree to be responsible for their own attorney's fees and
costs for action.
E. The LEVYS agree that upon execution of this Agreement they will enter
into a stipulation to be filed of record in the action providing that the subject action will be
stayed as set forth in Paragraph 1.F., above.
3. The parties agree that they will jointly submit this Settlement
Agreement to the court in the pending action for entry of an order approving this Agreement
and incorporating it into the order for purposes of enforcement. The parties also agree that
this action shall be terminated by the order of the court approving this Settlement Agreement
when:
(1) Four (4) months have elapsed from the date of this Settlement
Agreement, and:
(i) The City has adopted the rezoning to SAD for the
entire LEVY Commercial Property to permit the
Permitted Uses (as principal uses under the City's
Land Development Regulations), and
(ii) The City has adopted the change in Future Land
Use Map of the Comprehensive Plan changing the
Land Use Designation of the entire LEVY
Commercial Property to General Commercial,
and
(iii) The appeals process for all items set forth above in
3(1)(i)-(ii), inclusive, has run and the approvals
remain unchanged and in full force and effect.
(2) If all of the above conditions for terminating the action have not
been complied with within four (4) months from the date of this Settlement Agreement then
either party shall have the right to terminate this Settlement Agreement by providing written
notice to the other party.
4. Miscellaneous:
A. Full Settlement. All parties acknowledge that the terms of this
Agreement, as set forth herein, represent their agreement upon a full and complete settlement
of any and all controversies between them pertaining to Stanley M. Levy. and Barbara C. Levy.
v. City of Delray Beach, Case No. 92-10254 AN and that the terms and conditions of this
Agreement were arrived at in arms-length negotiations between the parties, with independent
legal advice. It is the intention of this Agreement to settle all controversies between and
among the parties hereto in the action including without limitation any and all claims which
were or could have been brought therein.
B. Approval by the Court. The parties obligations hereunder are subject to
and conditioned upon the Court in the pending action approving the terms of this Settlement
Agreement and incorporating this Agreement into its order of approval.
C. LEVY shall have the right to request any other uses. Notwithstanding
anything in this Settlement Agreement to the contrary the LEVYS, or their successors and/or
assigns may (after the expiration of 2 years from the effective date of the SAD ordinance
referred to herein) at any time and from time to time apply for and request the CITY and/or
other applicable governmental authorities to permit uses on the LEVY Commercial Property
7
other than the Permitted Uses. Such requests and/or applications shall be reviewed based on
the law in effect at the time of the request or application and the approval of such requests
and/or applications shall not in any way modify the rights and obligations of the parties
under this Settlement Agreement.
D. LEVY shall make no claim for monetary, compensation against the
CITY under Chapter 70, Florida Statutes. The LEVYS agree that they will not make any
monetary claim against the CITY for the CITY's approval of the SAD ordinance which
includes the Permitted Uses as set forth in paragraph 1 A.).
E. Entire Agreement. No agreement or representations among the parties
to this Agreement, unless incorporated in this Agreement, shall be binding upon any of the
parties hereto. This Agreement embodies the entire agreement and understanding of the
parties hereto, supersedes any prior agreement between the parties, and may not be changed,
altered, or modified except by instrument in writing signed by the party against whom
enforcement of any such change, alteration or modification is sought.
F. Interpretation. The parties agree that all parties participated in drafting
this Agreement, and in the event judicial interpretation of any terms of this Agreement is
required, such terms will not be construed against any of the parties hereto.
G. Binding on Successors. This Agreement shall be binding on all
successors or assigns of the parties. This Agreement shall not be recorded in the Public
Records of Palm Beach County, Florida, however, the fully executed LEVY Restrictions, in
the form attached as Exhibit "B", shall be recorded in the Public Records of Palm Beach
County, Florida.
8
H. Captions Meaningless. The parties agree that all captions herein are for
the convenience of the parties and shall not effect the construction hereof.
I. Survival. The terms of this Settlement Agreement shall survive the
entry by the Court of the order approving this Agreement and this Agreement shall be
independently enforceable, in addition to its enforcement pursuant to the Court order.
J. JURY TRIAL WAIVER. THE LEVYS AND THE CITY
KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT
EITHER MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION
BASED ON, OR ARISING OUT OF, OR UNDER OR IN CONNECTION WITH THIS
AGREEMENT OR RELATED HERETO, OR ANY COURSE OF CONDUCT OR
DEALING, STATEMENTS (WHETHER ORAL OR WRITTEN) OR ACTIONS OF
EITHER PARTY ARISING OUT OF THIS AGREEMENT. THIS PROVISION IS A
MATERIAL INDUCEMENT FOR THE PARTIES TO ENTER INTO THIS
AGREEMENT.
CITY OF DELRAY BEACH
By:
Witness Mayor
Witness
Attest:
City Clerk
Approved as to form and sufficiency
9
City Attorney
Witness STANLEY M. LEVY
Witness
Witness BARBARA C. LEVY
Witness
10
EXHIBIT B
RESTRICTION
This instrument was prepared
by and return to:
Roger G. Saberson, P.A. Property Appraiser's
70 S.E. 4th Avenue Parcel Identification No.
Delray Beach, Florida 33483
This Indenture, made this day of 1996, by Stanley M. Levy and
Barbara C. Levy, his wife (the "Owner").
WHEREAS, the Owner, owns certain property in Palm Beach County, F1 described as
follows:
Lots 11 - 19 of Block 35 and that portion of Frederick Boulevard directly east of
Lots 16 - 22 of Block 24, DEL RATON PARK, according to the Plat thereof
recorded in Plat Book 14, Pages 9 and 10 of the Public Records of Palm Beach
County, Florida (hereinafter the "Real Property"), and
WHEREAS, the Owner also owns some nearby property which is referred to in a
Settlement Agreement with the City of Delray Beach ("City"), as the Levy Commercial
Property, and
WHEREAS, the Owner in regard to the Levy Commercial Property has requested
that the City permit the reestablishment of certain uses which include the following: (i)
vehicle sales, rental and leasing, with no service component and (ii) vehicle wash establishment
and detailing (collectively herein the "Proposed Uses"), and
WHEREAS, Tropic Isle Civic Association, Inc. and Tropic Bay Condominium
Apartment Association, Inc. (collectively the "Associations") are the homeowners associations
which are in closest proximity to the Levy Commercial Property and therefore the Owner
requested their consent and approval as to the Proposed Uses, and
WHEREAS, the Board of Directors of the Associations have represented to the
undersigned that their Associations have consented and approved of the Proposed Uses for the
Levy Commercial Property if the Owner would, among other things, deed restrict the Real
Property to residential use to help prevent the further expansion of commercial uses toward
the east, and
WHEREAS, Owner agreed to deed restrict the Real Property to residential use if the
City permitted the Proposed Uses on the Levy Commercial Property as conforming uses.
NOWTHEREFORE, for one dollar and other good and valuable consideration the
receipt and sufficiency of which is hereby acknowledged, the undersigned agree as follows:
1. The above WHEREAS, clauses are incorporated herein.
2. The Owner, subject to the terms and conditions in this instrument, does hereby, in
perpetuity, restrict the future use of the Real Property to residential uses with
customary accessory uses.
3. This instrument shall automatically terminate if either of the following occur: (A) If,
without the written consent of then owner of the Levy Commercial Property, the
City of Delray Beach or other applicable governmental authority limits the use of the
Levy Commercial Property in any manner that does not allow all of the following as
permitted and conforming uses; vehicle sales, rental and leasing, with no service
component and vehicle wash establishment and detailing, and/or (B) if any property
that abuts the Real Property to the south or east is zoned or otherwise allowed by the
City of Delray Beach or other applicable governmental authority to be used for a
purpose or purposes other than residential. If either (A) or (B) occur then this
instrument shall be null and void.
4. The exclusive remedy for a violation of the restriction referred to in paragraph 2
above, shall be injunctive relief not damages. The restriction may be enforced only by
either or both of the following parties: the Tropic Isle Civic Association, Inc. and
Tropic Bay Condominium Apartment Association, Inc..
5. Except as set forth in paragraph 3, this restriction may be amended or terminated only
with the written consent of the City of Delray Beach, the Tropic Isle Civic
Association, Inc. and Tropic Bay Condominium Apartment Association, Inc. and the
then owner(s) of the Real Property. If either of said Association's cease to exist their
consent shall not be required.
6. Unless and until terminated, this instrument shall constitute a covenant running with
the Real Property and shall be binding upon the heirs, personal representatives,
administrators, successors and assigns of the parties.
In Witness Whereof, Owner has hereunto set Owner's hand and seal the day and year
first above written.
Signed, sealed and delivered in our presence:
(Seal)
Print name: Stanley M Levy
Print Name:
(Seal)
Print name: Barbara C. Levy
Print Name:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ~ day of
__, 1996 by Stanley M. Levy and Barbara C. Levy.
Notary Public
My Commission Expires:
Personally Known __ OR Produced Identification
Type of Identification Produced
MEMORANDUM
DATE: April 30, 1996
TO: David Harden, City Manager
FROM: Lula C. Butler, Director, Community Improvement
RE: Request for partial release of Nuisance Abatement
Liens for a vacant parcel located on SW 6th
Avenue
ITEM BEFORE THE COMMISSION:
A request from a local residents, William & Carolyn Young to the Commission to release
a portion (50%) of the interest assessed on nuisance abatement liens for a vacant lot
located on SW 6th Avenue. The waiver requested amount is $644.03.
BACKGROUND:
The City, through its Code Enforcement efforts, assessed fifteen (15) separate liens for
nuisances abated to this property between the years of 1985 and 1995, all under one
ownership. The vacant parcel is located in the southwest section of town and is within
the CDBG target area. All of the nuisances abated were related to overgrowth, trash
and debris.
Mr. & Mrs. Young purchased the tax deed for the parcel on March 28, the prior owner is
deceased. The City has a total of $3,334 of recorded liens and interest on this parcel.
They are asking the Commission to waive 50% of the interest accrued ($1,288.05),
which comes out to $644.03. The lot appears to be 165' x 63' and has an assessed
value of $12,000 assigned to it. Mr. & Mrs. Young are asking the Commission to
consider the fact that they intend to develop this property with single family housing,
thus putting this property back into a tax generating revenue mode.
RECOMMENDATION:
Staff is recommending denial of the request to release a portion of the interest accrued
on liens assessed on the property as requested. Staff opinion is based on the position
the Commission has held on other similar requests that have not demonstrated a
particular hardship or other mitigating circumstance that could be unique to the request
that is under consideration.
Date: April 30, 1996 Agenda Item No.
AGENDA REQUEST
Agenda request to be placed on:
X__ Regular __ Special __ Workshop __ Consent
When: May 7, 1996
Description of Agenda Item:
Request for Partial Release of Nuisance Abatement Liens for a Vacant Parcel Located on
SW 6th Avenue
Ordinance/Resolution Required: Yes (~ Draft Attached: Yes / No
Recommendation: Denial
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 # & Description:
Account Balance:
City Manager Review:
Approved for agenda: ~_~/No [,~ '~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved 1/17/96
(40~) 278-1203 OFFICE 75 N.E. 6th Avenue, Suite 106
(40'7) 278:1450 FAX Delray Beach, Florida 33483
ARTHUR (A.J.) ALGONAS
SUSAN C. ALGONAS
SEARCH OF THE PUBLIC RECOILDS
Property Identification Number: 12-43-46-20-01-001-0150
Property Address: vacaat lot, SW 6th Avenue, Delray Beach, Florida 33444
TAX DEED to William M. Young and Carolyn Young recorded March 28, 1996 in Official
Record Book 9185, page 37.
Notice for Tax Deed fi'om First Union Nation Bank (as custodian) to Kenneth Austin found in
'Official Record Book 9185, page 35 recorded March 28, 1996, re: Cert.# 93-13471 (NOTE:
Application Sale Set)
The following RCA Liens filed by the City of Delray Beach a, gainst Kenneth Austin:
Official Record Book Page Date Amount
4446 1188 1/17/85 $61.48 #96-84
4823 1506 3/20/86 $112.20
5095 143 12/4/86 $122.31
5435 125 9/30/87 $117.3 l
5595 574 3/7/88 $277.71
5614 1317 3/25/88 $232.31
5711 1978 6/22/88 $107.31
5905 467 12/16/88 $122.53
6130 734 7/14/89 $112~33
6438 1030 5/2/90 $1 ,~ 7.22
6447 1824 5/1.~/90 $132.20
8180 1521 5/10/90 $123.67
8627 148 2/21/95 $130.23
8960 315 10/16/95 $123.34
9062 1428 12/29/95 $123.80
TAX INFORMATION as of March 29, 1996
-Taxes due are: $354.41
Back Taxes are $1835.84
Assessed Value $12,796.00
!
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~¢~7~.
SUBJECT: AGENDA ITEM # ~F - MEETING OF MAY 7, 1996
BID AWARD/MURRAY LOGAN CONSTRUCTION, INC.
DATE: MAY 3, 1996
This is before the Commission to consider a bid award in the
amount of $947,004 to Murray Logan Construction, Inc., second low
bidder, for construction of three Barrier Island stormwater pump
stations and related drainage improvements.
Staff was notified shortly after the bid opening that the low
bidder, ETS Liner, Inc., had made a material and substantial
mistake in the preparation of their bid and it was withdrawn.
Recommend approval of bid award to Murray Logan Construction,
Inc. for construction of three Barrier Island stormwater pump
stations and related drainage improvements, in the amount of
$947,004, with funding from 448-5411-538-62.35.
Agenda Item No. PF
AGENDA REOUEST
Date: ~
Request to be placed on:
X Regular Agenda
__ Special Agenda
Workshop Agenda When: May 7, 1996
Description of item (who, what, where, how much): project No. 95-31. 37. 38 &
4~, Masc. B~rrier Island Pump Stations. The work generally consists of Construction of
~hre¢ stormwater pump stations and related drainage i~Drovements located at Beach Drive.
$~asage Drive. and Waterway Lane. as well as the rehabilitation of the Thomas Street
PU~D Station.
The funding source for this project is as follows:
~arrier Island Pump Stations 448-5411-538-62.35 5947,004.00
The lowest responsible responsive bidder for this project is Murry Logan
CQDstruc~ion, Inc. with a ~id in the amount of 5947,004.00
ORDINANCE/RESOLUTION REQUIRED: YES/'O~RAFT ATTACHED YES~
Recommendation: Staff recommends award of Project No. 95-31. 37, 38 & 42. Misc,
Barrier Island PU~D Stations to Murry Logan Construction, Inc. for their bid in the
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:(~NG
Funding alternatives ~/~ (if applicable)
Account No. & Description~
Account Balance ~
City Manager Review:
HoldAppr°ved for agenda: ~NOuntil:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
file: 95-31 {A)
file: projects/9531/official/ag5-07.doc
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID T. HARDEN
CITY MANAGER
p.
FROM: C. DANVERS BEATTY,
CITY ENGINEER
DATE: MAY 1, 1996
SUBJECT: MISC. BARRIER ISLAND PUMP STATIONS
PROJECT NO. 95-31, 37, 38, & 42
AGENDA REQUEST
Enclosed is an agenda request and bid tabulation for the regular Commission meeting on May 7, 1996.
As indicated on the attached bid tabulation the apparent low bidder is ETS Liner, Inc. in the amount of
$773,743.55. We were notified shortly after the bid opening by ETS and were informed that a material and
substantial mistake had been made in their bid. The following day ETS submitted a formal request in
writing in accordance with the bid documents withdrawing their bid ( see attached ). Upon review of the
ETS bid and comparison to the other bids we support the withdraw request and return of the bid security.
We have reviewed the qualifications of the next lowest bidder and, based on our review as well as the
recommendation from the consultant for the project ( see attached ) we recommend award to Murry
Logan Construction, Inc. for their bid of $947,004.00.
This project generally consists of the following:
Construction of three stormwater pumpstations and related drainage improvements located at Beach
Dr., Seasage Dr., and Waterway Ln. as well as the rehabilitation of the Thomas Street Pump
Station.
The funding source for this project is as follows ( see attached budget transfer ):
Portion of Project Funding Source Account Number Bid
Amount
Total Barrier Island Pump Stations 448-5411-538-62.35 $947,004.00
Please place this item on the agenda for Commission approval.
Enclosures
cc: Joseph Safford, Finance Director
William H. Greenwood, Director of Environmental Services
Dan Beatty, City Engineer
File: S:\Engl\Engl~Proj\95\ 95-31\OfficialLAG5-7.DOC
Specializing in Sewer Rehabilitation Without Excavation"
ULTRALINER Representative/Installers for Florida
April 3, 1996
City of Delray Beach, Florida
434 South Swinton Avenue
Delray Beach, Florida 33444
Attn: Dan Beatty ~/~-- ~/~.~
Dear Dan,
We regret to inform you that we made a material and substantial
mistake in the preparation of our bid for the Miscellaneous
Barrier Island Stormwater Pump Stations and Drainage Improvements
Project.
According to Paragraph 13.2 pg. IB-5 of Instructions to Bidders,
when a material and substantial mistake in preparation of a bid
is made and with reasonable satisfaction to the City, the Bidder
may withdraw its Bid and the Bid Security will be returned.
We therefore respectfully request that our bid be withdrawn and
our Bid Security be returned.
The material and substantial omission is as follows:
1. Item 35: Pump Station Wet Well Beach Street $ 39,491.00
2. Item 36: Pump Station Wet Well Waterway Lane 36,781.00
3. Item 37: Pump Station Wet Well Sea Sage 40,761.00
4. Item 38: Thomas Street Wet Well Restoration $ 8,690.00
TOTAL AMOUNT $125,723.00
NOT INCLUDED
Yours truly,
David Hopple, Vice-President
2551 N.W. 15th Court · Pompano Beach, FL 33069 · (305) 979-0028 · Fax (305) 979-7843
Mardi Execulive Center
1905 Soulh 25th Slreel
Environmental Engineers & Scientists ForlPierce, FL34947
407 489-0066
Fax: 407 489-0299
April 9, 1996
Dan Beatty
City Engineer
CITY OF DELRAY BEACH
434 S. Swinton Avenue
Delray Beach, Florida 33444
Miscellaneous Barrier Island
Stormwater Pump Stations and Drainage Improvements
Bid Recommendation - City Bid No. 96-34
Dear Mr. Beatty:
Enclosed is a bid tabulation and bid summary for the bids submitted on April 2nd. Per your
conversation with Mr. Stephen Harty on April 4th, the Iow bidder, ETS Liner, Inc. apparently withdrew
their bid, qualifying per Article 13.2 of the Instructions To Bidders. The next Iow bidder is Murray
Logan Construction, Inc. with a Total Evaluated Base Bid of $947,000. After reviewing the bid of
Murray Logan Construction and based upon their past performance, we recommend that the contract
is awarded to them.
Please call with any questions or comments you may have.
Very truly yours,
HAZEN AND SAVVYER, P.C.
Robert B. Taylor, Jr., P.E.
Senior Principal Engineer
FtP.4933L005:04-09-96
New Ymk, NY · Armonk. NY · Upf)ef Saddle River. NJ · Raleigh, tic · Charlotte. NC · Richmomi. VA · Hollywood. FL · Boca Ralofl, FL · Fo~'t Pierce. FL · Jupiter, FL · Miami. FL · Bog~. D,E. Celombia
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MEMORAND~
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: AGENDA ITEM # ~H - MEETING OF MAY 7, 1996
REJECTION OF BIDS/SEWER SYSTEM NO. 16 REHABILITATION
DATE: MAY 3, 1996
This is before the Commission to consider rejecting all bids
received for the rehabilitation of the sewer system located on
the barrier island between Casuarina and Poinsettia Roads.
The lowest bid was submitted by Metro Sewer Services, Inc. in the
total base bid amount of $199,959. However, Metro was unable to
provide a Palm Beach County Certificate of Competency as required
in the City's bid specifications. The second low bidder, ETS
Liner, Inc., has the required certificate and presented a bid
proposal of $295,340.
While a reference check of Metro Sewer Services resulted in
consistent positive responses regarding their work and their
demonstrated ability to meet all bonding and insurance require-
ments, the City Attorney's opinion is that the City may not waive
licensure requirements mandated by the State.
In consideration of this opinion and the substantial cost
differential between the two lowest bidders ($95,381), staff
recommends that all bids be rejected. The necessary sewer
rehabilitation work will be accomplished through piggy-backing
existing government contracts.
Recommend rejecting all bids received for the rehabilitation of
Sewer System No. 16 located on the barrier island between
Casuarina and Poinsettia Roads.
Agenda Item No. q ~
AGENDA REQUEST
Date: April 30, 1996
Request to be placed on:
Workshop Agenda When: May 7, 1996
XX Regular Agenda
__ Special Agenda
Desoription of item (who, what, where, how much): Staff requests Commission consider rejection of all
bids received on March 6, 1996, for rehabilitation of Sewer System #16 on the Barrier Island. The low
bidder, Metro Sewer Services, is unable to provide evidence of competency as required in the bid
documents and Florida State Statutes. The second low bidder's proposal exceeds the low bid by
$95,381.00. Staff will accomplish the necessary sewer rehabilitation work through piggy-hacking existing
government contracts.
Recommendation: Staff recommends rejection of all bids received for rehabilitation of Sewer System # 16.
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding alternatives f applicable)
Account No. & Description
Acoount Balance ~ t Ch/~l
City Manager Review: Approved for agenda: ~Es?No Hold Until: ~'--~
Agenda Coordinator Review: Received:
Placed on Agenda:
Action:
Approved/Disapproved
TO: David T. Harden, City Manager
FROM: Richard C. Hasko, P.E., Deputy Director ofP.U. ~
SUBJECT: BID AWARD - SEWER SYSTEM # 16 REHABILITATION (PN 95-035)
DATE: April 30, 1996
Attached is a tabulation of bids received on March 6, for rehabilitation of the subject sewer system located on the
Barrier Island generally between Casuarina Road and Poinsettia Road. The project scope generally consists of
sealing and pipe rqmir of approximately 8,000 feet of sanitary sewer main and rehabilitation of manholes and
service laterals for reduction of inflow and infiltration and resultant chloride levels in the wastewater stream.
The lowest bid was submitted by Metro Sewer Sev¢ices, Inc. of Sanford, Florida, in the total base bid amount of
$199,959.00. While a reference check resulted in consistent positive responses regarding Metro's work, and they
have demonstrated their ability to meet all Bonding and Insurance requirements of the City, they are unable to
provide a Certificate of Competency issued by Palm Beach County as required in the City's Bid Specifications.
The second bidder, who has provided the required certificate, is ETS Liner, Inc. with a total base bid proposal of
$295,340.00
In view of the stated circumstances, a legal opinion was solicited from the City Attorney (copy attached)
regarding the City's authority to waive the licensure requirement. Under current Florida Statutes, it is the City
Attorney's opinion that the City may not waive licensure requirements mandated by the State.
In consideration of the foregoing statements and the magnitude of differential cost between the two lowest
bidders, staff recommends that all bids be rejected. Our current approach to accomplishing the necessary sewer
rehabilitation is through piggy-backing of existing government contracts.
Please place this item on the May 7th, agenda for consideration by the City Commission.
RCH:cl
cc: W. Greenwood
J. Rooney
S. Ruby
File
Wfi~r's Di~ct L~: (~) 243-7~1
~ ~MO~~
1993
DATE: Apdl 22, 1996
TO: Dick Hasko, Deputy Director of Public Utilities
FROM: Susan A. Ruby, City Attorney
SUBJECT: Metro Sewer Services. Inc~ of Sanford Florida
In response to your request, I am forwarding to you our office's legal opinion regarding
licensure and the waiver thereof by the City in the above-mentioned matter.
Metro Sewer Services, Inc. was the apparent low bidder for the rehabilitation of
approximately 8,000 linear feet of sewer system which includes sealing and pipe repair
and rehabilitation of manholes and service laterals, for the purpose of reducing the
inflow and infiltration of chloride into the wastewater stream.
Florida Statutes Chapter 489, Part I, governs construction contracting licensure. Section
489.131 states that Part I applies to all contractors including those performing work for a
municipality, unless exempted by Section 489.103.
Part I requires certification/registration in this instance as either a plumbing contractor or
underground utility and excavation contractor. This requirement is imposed by state
law.
Previously, 489.103 exempted "utilities and services incidental thereto" from licensure.
Utilities was defined broadly by the Supreme Court of Florida in Envirogenics Systems
Company V, City of Cape Coral, 529 So.2d (Fla. 1988). However, Section 489.103 was
modified in 1991 and "utilities" were deleted from the exemption contained in Florida
Statutes Section 489.103(1).
Printed orr Flecyc:.lt,~'] P.tl:~er
Dick Hasko, Deputy Director of Public Utilities
April 22, 1996
Page 2
Based on the foregoing, it is my opinion that since the licensure requirements are
mandated by the state, the City may not waive the licensure requirements. Please call if
you have any questions.
met~ewcr.sar
NOT TO SCALE
..,.
CItY OF DELRAY BEACH
CITY of DELRAY BEACH ~. I LOCATION NfAP SYS. I
~IRO~l~ :NT [, SERVICES DEPARTMENT~[
,ow ,,mo, .,m~ ,,~y ,,~a~ rumm ~ L SYSTEM # 16 REHAB __---
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM ~ ~ - MEETING OF APRIL 16, 1996
~ID AWARD/METRO SEWER SERVICES, INC.
DATE: APRIL 12, 1996
This is before the Commission to consider a bid award to Metro
Sewer Services, Inc., waiving the requirement for a Certificate
of Competency, for rehabilitation of approximately 8,000 linear
feet of Sewer System #16 located on the Barrier Island between
Casuarina and Poinsettia Roads.
The contract is for the base bid of $199,959 and for acceptance
of Alternate No. 2 which is a deduct of $19,090, for a total
contract amount of $180,869.
Although Metro Sewer Services, Inc. was the lowest bidder, they
were unable to provide a Certificate of Competency issued by Palm
Beach County as required in the City's Bid Specifications. The
second bidder, ETS Liner, Inc., has the required certificate, but
their bid came in at $275,640; $94,771 over that of Metro.
The City's options are (1) waive the Certificate of Competency
and award to Metro Sewer Services for $180,869, (2) award to ETS
Liner for a total of $275,640, or (3) reject all bids and
readvertise the project.
Recommend waiving the requirement for a Certificate of Competency
and awarding the contract to Metro Sewer Services, Inc. in the
amount of $180,869, with funding from Renewal and Replacement
Manhole Rehabilitation (Account No. 442-5178-536-61.84). This
project involves very little construction. Primarily it consists
of pressure grouting of leaking joints and cracks in the sewer
pipes. For this reason we are satisfied that they are qualified
and capable of satisfactorily performing this work based on their
performance on other similar projects.
MEMORANDUM
TO: David T. Harden, City Manager ff'J C9~
FROM: Richard C. Hasko, P.E., Deputy Director of PU
SUBJECT: BID AWARD - SEWER SYSTEM #16 REHABILITATION
PN 95-035
DATE: April 10, 1996
Attached is a tabulation of bids received on March 6, for Rehabilitation of the subject
sewer system located on the Barrier Island generally between Casuarina Rd. and Poinsettia
Rd. The project scope generally consists olfthe sealing and pipe repair of approximately
8,000 feet of sanitary sewer main and rehabilitation of manholes and service laterals for
reduction of inflow and infiltration and resultant chloride levels in the wastewater stream.
The lowest bid was submitted by Metro Sewer Services, Inc. of Sanford, Florida, in the
total base bid amount of $199,959.00. While a reference check resulted in consistent
positive respOnses regarding Metro's work, and they have demonstrated their ability to
meet all Bonding and Insurance requirements of the City, they are unable to provide a
Certificate of Competency issued by Palm Beach County as required in the City's Bid
Specifications. The second bidder, who has provided the required certificate, is ETS
Liner, Inc. with a total base bid proposal of $295,340.00. Both bids provide a deduct for
alternate No. 2 for lining service laterals instead of open trench replacement in the amount
of($19,090.00) and ($19,700.00) for Metro Sewer Services and ETS Liner respectively.
The City's options in this matter are as follows:
1. Wave the Certificate of Competency requirement and award to Metro Sewer Services,
Inc. in the base bid amount and accept deduct alternate No. 2. Contract award will be
$199,959.00 less ($19,090.00) for Deduct Alternate for a total of $180,869.00.
2. Consider the low bid non-responsive and award to ETS Liner, Inc. in the base bid
amount and accept Deduct Alternate No. 2. Contract Award will be $295,340.00 less
($19,700.00) for Deduct Alternate for a total of $275,640.00.
3. Reject all bids and readvertise the project.
Considering the nature of the work, positive responses from Metro Sewer Services'
references, Metro's ability to provide adequate Bonding and Insurance and the magnitude
of difference in proposals between Metro and ETS ($94,771.00), staff recommends
waiving the requirement for a Certificate of Competency and awarding the contract to
Metro Sewer Services, Inc. in the amount of $180,869.00 as outlined in Option 1 above.
Funding for the project is available in R&R Account ~442-5178-536-61.84, Manhole
Rehabilitation.
Please place this item on the Commission Agenda for April 16 for consideration by City
Commission.
RCH: jem
c: William H. Greenwood
NOT 'TO SCALE.
i
I.AN~ IDA ROAD
. ~. ~.--'--] !
j A~Am~C A~J~ PROdECT
./
CITY Of DELRAY BEACH
ENVIRONMENTAL SERVICES
~.~ soma s~to, ,~m~. ~umY ,,,~ ~o~ ~..:: il SYSTEM #16 REHAB 16-1
MEMORANDUM
TO: DAVID T. HARDEN
CITY MANAGER
THROUGH: JOSEPH M. SAFFORD
DIRECTOR OF FINANCE
FROM: REGINA M. FRAZ~
ACCOUNTANT I :~'~
DATE: MAY 3, 1996
SUBJECT: MID-YEAR BUDGET AMENDMENT FOR FY 95/96
Attached please find Resolution Number 39-96 which amends the budget for Fiscal Year
1995/96. We have also attached supporting schedules and backup documentation for
your review.
If you have any questions, please do not hesitate to ask me.
RESOLUTION NO. 39-96
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACh, FLORIDA, AMENDING RESOLUTION NO. 70-95
WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL
NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH,
FLOR/DA, FOR THE FISCAL YEAR 1995/96, BY SETTING FORTH
THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE
OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR
1995/96; TO REPEAL ALL RESOLUTIONS INCONSISTENT
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FO~S:
Section 1. That Section 1. of Bssolution No. 70-95 is hereby
repealed, and a new Section 1. is enacted and amended to read as follows:
That the following sums of money, attached hereto and marked
Exhibit "A" , are hereby appropriated upon the terms and conditions
herein set forth.
Section 2. That, subject to the qualifications contained in this
resolution, all appropriations made out of the General Fund are declared to
be maximum, conditional, and proportionate appropriations, the purpose
being to make the appropriations payable in full in the amounts herein
named if necessary and then only in the event the aggregate revenues
collected and other resources available during the period commencing the
1st day of October, 1995, and ending the 30th day of September, 1996, for
which the appropriations are made, are sufficient to pay all the
appropriations in full. Otherwise, said appropriations shall be deemed to
be payable in such proportion as the total sum of realized revenue of the
General Fund is to the total amount of revenues estimated by the City
Commission to be available in the period commencing the 1st day of October,
1995, and ending the 30th day of September, 1996.
Section 3. That all balances of the appropriations payable out
of the General Fund of the City Treasury unencumbered at the close of
business on the 30th day of September, 1995, except as otherwise provided
for, are hereby declared to be lapsed into the City Treasury and may be
used for the payment of the appropriations which may be made in any
appropriation for the fiscal year commencing the 1st day of October, 1995.
However, nothing in this section shall be construed to be applicable to
unencumbered balances remaining to the credit of the Water and Sewer Fund,
Sanitation Fund or any Fund created by the setting up of special revenue,
but such balances shall be used in financing the proposed expend/tures of
these Funds for the fiscal year commencing the 1st day of october, 1995.
Section 4. That no department, bureau, agency or individual
receiving appropriations under the provisions of this resolution shall
exceed the amount of its appropriation, except with the consent and
approval of the City Commission first obtained. If such department,
bureau, agency or individual shall exceed the amount of its appropriation
without such consent and approval of the City Commission, the
administrative officer or individual, in the discretion of the City
Commission, may be deemed guilty of neglect of official duty and may be
subject to removal therefor.
Section 5. That nothing in this resolution shall be construed as
authorizing any reduction to be made in the amounts appropriated in this
resolution for the payment of interest on, or retirement of, the debt of
the City of Delray Beach, Florida.
Section 6. That none of the monies enumerated in this resolution
in connection with the General Fund, Water and Sewer Fund, Sanitation Fund
or any other Fund of the City shall be expended for any purposes other than
those for wh/ch they are appropriated, aD~ it shall be the duty of the
Budget Administrator and/or Finance Director to report known violations of
this section to the City Manager.
Section 7. That all monies collected by any department, bureau,
agency or iD~lividual of the City government shall be paid promptly into the
City Treasury.
Section 8. That the foregoing budget is hereby adopted as the
official budget of the City of Delray Beach, Florida, for the aforesaid
period. However, the restrictions with respect to the
expenditures/expenses of the funds appropriated shall apply only to the
lump sum amounts for classes of expenditures/expenses which have been
included in this resolution.
Section 9. That public hearings were held on the tax levy and
the budget on September 5, 1995, and September 19, ! 995.
Section 10. That this resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED in regular session on this the 7th day of May,
1996.
City Cier~ '
- 2 - Res. No. 39-96
BUDGET SUMMARY
CITY OF DELRAY BEACH, FLORIDA - FISCAL YEAR 1996
EXHIBIT A
Revised per City Commission 5/7/96
DOWNTOWN SPECIAL
GENERAL DEVELOPMENT ENTERPRISE REVENUE
FUND FUND FUNDS FUNDS TOTAL
CASH BALANCES BROUGHT FORWARD 767,538 53,324 4,250,553 817,761 5,712,106
ESTIMATED REVENUES:
TAXES Millages
AD VALOREM TAXES 6.87 16,766,750 16,643,990
AD VALOREM TAXES 1.03 2,486,180 2,486,180
AD VALOREM-DELINQUENT 109, 160 82,500
AD VALOREM- DDA 0.85 78,920 78,920
Sales & Use Taxes 1,500,700 1,512,580
Franchise Taxes 2,699,000 2,596,000
Utility Taxes 4,867,000 4,773,000
Licenses & Permits 1,771,660 1,702,960
Intergovernmental 4,788,095 49,000 1,905,281 6,410,206
Charges for Services 3,148,420 25,436,810 28,410,410
Fines & Forfeitures 467,900 461,900
Miscellaneous Revenues 2,880, 140 700 628,250 25,500 3,565,540
Other Financing Sources 2,217,250 534,480 774,530 3,552,690
TOTAL REVENUES AND OTHER
FINANCING SOURCES 43,702,255 79,620 26,648,540 2,705,311 72,276,876
TOTAL ESTIMATED REVENUES
AND BALANCES 44,469,793 132,944 30,899,093 3,523,072 77,988,982
EXPENDITURES/EXPENSES:
General Government Services 5,582,756 5,442,911
Public Safety 23,853,947 23,558,469
Physical Environment 281,473 17,508,491 17,789,964
Transportation 1,213,152 1,205,652
Economic Environment 561,375 49,090 2,782,855 3,404,015
Human Services 162,500 162,500
Culture & Recreation 5,854,620 3,009,148 430,600 9,215,058
Debt Service 3,170,690 5,403,870 8,574,560
Other Financing Uses 3,641,052 3,409,170 297,740 6,841,480
TOTAL EXPENDITURES/EXPENSES 44,321,565 49,090 29,330,679 3,511,195 76,194,609
Reserves 148,228 83,854 1,568,414 11,877 1,794,373
TOTAL EXPENDITURES AND RESERVES 44,469,793 132,944 30,899,093 3,523,072 77,988,982
GENERAL FUND REVENUES
1996
CURRENT PROPOSED
CATEGORY DESCRIPTION BUDGET ADJUSTMENT
Ad Valorem Taxes
1000031110 current advalorem tax 19,130,170 122,760
1000031120 del advalorem taxes 82.500 26.660
Total Ad Valorem Taxes 19,212,670 149,420
Sales & Use Taxes
1000031241 local option tax 1.511.880 (11.880)
Total Sales & Use Taxes 1,511,880 (11,880)
Franchise Taxes
1000031310 franchise--fpl 2,285,000 100,000
1000031320 franchise-s, bell 88.000 3.000
Total Franchise Taxes 2,373,000 t 03,000
Utility Taxes
1000031410 util tax-electric 3,346,000 101,000
1000031420 util tax-so bell 945,000 (10,000)
1000031440 util tax-gas 84.000 3.000
Total Utility Taxes 4,375,000 94,000
Licenses & Permits
1000032110 occupational license 450,500 29,500
1000032210 building permits 675,000 25,000
1000032919 moving permits 600 300
1000032920 paving permits 45,000 5,000
1000032921 pool permits 15,000 (3,000)
1000032922 roof permits 65,000 5,000
1000032925 tent permit 1,500 700
1000032926 trailer permit 800 200
1000032928 tenant/landlord permit 65,000 7,000
1000032932 no final inspection 5.000 (1,000)
Total Licenses & Permits 1,323,400 68,700
Intergovernmental Revenues
1000033159 fema mutual aid 0 3,370
1000033167 cops more 0 87,230
1000033511 cigarette tax 147,000 3,000
1000033512 state rev sharing 1,051,000 9,000
1000033513 sales tax coil 2,775,000 105,000
1000033545 fl motor vehicle theft 0 84,070
1000033714 school district-Carver 0 40.500
Total Intergovernmental Revenues 3,973,000 332,170
CHARGES FOR SERVICES
1000034121 zoning fees 18,200 9,000
1000034122 board of adjustment 450 300
1000034123 plat approval 11,900 6,800
1000034124 site plan approval 23,650 6,350
1000034126 abandonment 2,150 1,710
1000034131 misc land use appl 950 1,000
1000034135 ord/suppmnt-dev&inspec 100 (90)
GENERAL FUND REVENUES
1996
CURRENT PROPOSED
CATEGORY DESCRIPTION BUDGET ADJUSTMENT
1000034228 transport fees 579,230 120,770
1000034229 ems fees* 0 2,620
1000034230 road impactoadmin fee 14,000 1,000
1000034291 alarm registrations 25,200 (19,200)
1000034381 nuis abate/adm recov 5,000 2,000
1000034386 a/r: nuisance abatement 20,000 8,000
1000034451 parking fees 315,000 (15,000)
1000034455 beach parking permits 26,000 (6,000)
1000034701 registrat after school 2,120 (1,620)
1000034722 adult center 1,650 150
1000034724 pompey park pool 0 500
1000034724 recreation swim 0 1,000
1000034724 swim lessons 0 250
1000034724 junior guard program 0 250
1000034724 red cross classes 0 200
1000034724 monthly pass 0 200
1000034729 carver middle school 1,500 (1,000)
1000034731 tennis memberships 80,000 15,000
1000034733 tennis lesson sales 55,000 30,000
1000034734 tennis equipment rental 750 450
1000034735 commission on box seats 1,200 (1,200)
1000034750 concert revenue 0 2,000
1000034798 other p&r 1.620 9.380
Total Charges for Services 1,185,670 174,820
Fines and Forfeitures
1000035140 fines-code enforcement 8,000 (2,000)
1000035921 penalty-no bldg permit 15.000 8.000
Total Fines and Forfeitures 23,000 6,000
Miscellaneous Revenues
1000036101 int fr tax collector 55,060 (1,150)
1000036112 interest on accts rec 4,000 2,500
1000036252 misc. dock fees 1,500 (500)
1000036440 sale of surplus prop 19,000 (12,130)
1000036931 rec of pdor yr expend 0 4,470
1000036973 int on oss bond share 21,620 (10,560)
1000036980 solid waste/stormwater 0 4,520
1000036999 misc revenue 30.000 (18.100)
Total Miscellaneous Revenues 131,180 (30,950)
Other Financing Sources
1000038175 aubum trace 26.430 (26.430)
Total Other Financing Sources 26,430 (26,430)
SUB-TOTAL 34,135,230 858,850
surplus brought forward 513,880 177,070
TOTAL GENERAL FUND ADJUSTMENT 34,649,110 1,036,920 1,036,920
Mid Year Budget Amendment
FY95/96
Gerteral Fund Summa~.
Ail departmental budgets have been amended from the period ending
March 31, 1996 at which time the General Fund Budget totalled
$43,433,873. Adjustments of $1,035,920 were made for an amended total
of SX.~.,469,793. Adjustments greater than $5,000 have been noted.
GENERAL FUND REVENUES
Ad V;~lorem Taxes
The City can expect a surplus of $149,420 in this category. A surplus of $122,760 is
expected in current ad valorem tax revenue and a surplus of $26,680 is expected for
delinquent taxes. Estimates are based on historical trending.
~;ales and Use Taxes
The City can expect a shortfall of $11,880 in optional gas taxes based on the current
trending analysis.
Franchise Taxes
A surplus of $103,000 is expected in this category. Receipts for franchise fees on FPL
sales are above anticipated revenue by $100,000.
Utility_ Taxes
Revenue from utility taxes on electric and gas exceed original estimates. A shortfall is
expected for utility taxes based on Southern Bell revenues. An increase of $94,000 is
expected for this category.
Licenses and Permits
Revenues for this category increased by $68,700. The increase is mainly due to
increased projections for occupational licenses, building permits, paving permits, roof
permits as well as tenant/landlord permits.
Intergovernmental Revenues
Intergovernmental revenues are increased by $332,170 based on the current trending of
state revenue sharing and sales tax collections. The City will also be receiving a COPS
MORE Grant, Florida Motor Vehicle Theft Grant, as well as additional funding from the
School District for Carver Middle School.
Char. es for Services
Revenues for this category increased by $174,820. The increase is primarily due to
increased projections for zoning fees, EMS transport fees, tennis memberships, tennis
sales, and other parks and recreation fees. Shortfalls are expected in alarm registration
fees, nuisance abatement, and beach parking permit fees.
Fines and Forfeitures
Fines and Forfeitures increased by $6,000. The City can expect a shortfall in code
enforcement fines and a surplus in the line item for penalties levied for not having a
permit issued.
Miscellaneous Revenues
Revenues for this category decreased by $30,950. The decrease is mainly due to the
decrease in projections for the sale of surplus property, interest on the Old School
Square Note Receivable, and miscellaneous revenue.
Other Financina Sources
The Other Financing Sources category decreased by $26,430. The decrease is due to
the reduction in transfer from the Auburn Trace Fund. The transfer is not needed since
the receipts relative to the Note will be directly accounted for in the General Fund.
GENERAL FUND EXPENDITURES
1996 CURRENT PROPOSED
DEPARTMENT BUDGET ADJUSTMENT
General Government Services
City Commission 178,216 0
City Manager 217,199 0
Personnel 367,698 0
City Clerk 397 480 (16,355)
Finance 1,884 176 500
City Attorney 540 307 0
Planning & Zoning 710 570 0
Engineering 378 167 0
PW Building Maintenance 233 568 0
Miscellaneous Expenditure 665 758 155,700
Total General Gov't Services $5,442,911 $139,845
Public Safety
Police 12,768,726 178,100
Fire 8,752,283 113,978
Community Improvement 2,037,460 3,400
Total Public Safety $23,558,469 $295,478
Physical Environment
Public Works Admin 123,063 0
Cemetery 158,410 0
Total Physical Environment $281,473 $0
Transportation
Streets Maintenance 417,082 0
Traffic Operations 248,230 7,500
Street Lighting 487,750 0
Parking Facilities 52,590 0
Total Transportation $1,205,652 $7,500
Economic Environment
Miscellaneous Grants 80,000 1,835
Other Financing Uses 492,070 (12,530)
Total Economic Environment $572,070 ($10,695)
Human Services
Miscellaneous Grants $162,500 18,000
Total Human Services $162,500 18,000
Culture and Recreation
Parks and Recreation 5,080,690 79,310
Old School Square 122,500 0
Library 572,120 0
Total Culture & Recreation $5,775,310 $79,310
Debt Service $3,170,690 $0
Other Financing Uses $3,134,570 $506,482
Total General Fund Adjustment $1,035,920
Mid Year Budget Amendment
FY 95/96
General Fund Expenditures
General Government
Includes the legislative and administrative departments of the City and the Miscellaneous
Expenditures division. The increase in General Government expenditures totals
$139,845.
The City Clerk's department includes a surplus due to a vacant Staff Assistant II position
which will be filled during the second half of FY95/96.
The Miscellaneous division includes a refund to Highland Beach of $150,000.
Public Safety_
Includes the Police and Fire Departments and Community Improvement. The increase in
Public Safety expenditures totals $295,478,
The Police Departments budget increase of $178,100 is offset by the receipt of two
additional grants: (1) FL Motor Vehicle Theft Grant of $84,069 and (2) Cops More Grant
of $87,225. The net impact is an increase of $6,805 which is the City's matching share of
the Cops More Grant.
The increase in the Fire Department totals $113,978 which is primarily due to the
implementation of the new Salary Plan approved by City Commission April 16, 1996.
Also included are the costs of cabling and installation of a new telephone system at Fire
Station #3.
The Community Improvement department's increase of $3,400 is due to additional costs
for a demolition and asbestos removal associated with a fire.
Transportation
Includes an increase in Traffic Operations of $7,500 to provide funds for specialty signs
and striping.
Economic Environment
Includes a matching funds grant of $1,835 to the Delray Beach Youth Council to assist in
hosting their Second Annual Youth Conference. There is also a decrease in payment to
the Community Redevelopment Agency due to a reduction in final assessed valuation.
Human Services
A grant for the Drug Abuse Foundation of $15,000 will partially fund a new Outreach
Coordinator position. Additional funds of $3,000 to the Community Child Care Services
will allow the Director to attend an Early Childhood Education Conference.
Mid Year Budget Amendment
FY 95/96
Cu)ture and Recreation
Includes the Parks and Recreation Department, the Old Schoo) Square Grant and the
Library. The increase for this category totals $79,310.
This increase is partially offset by an increase in the School Board District grant for the
Afterschool program at Carver Middle School of $40,500. An increase in expenditures at
the Tennis Center of $22,500 is offset by an increase in revenue generated from tennis
lessons.
The Athletics & Special events division increase of $15,960 is to survey, remove sod,
regrade and sod fields I & 5 at Miller Park.
Other Financin_a Uses
Accounts for Interfund transfers. The increase in expenditures totals $506,482.
This increase includes a transfer of $193,632 to the Insurance Fund to cover liability and
workers compensation claims coming in at levels greater than anticipated. There is also
an increase of $53,000 to the Beautification Fund due to a calculation adjustment.
The transfer to the General Construction Fund totals $259,850 for various items as listed
below.
NUM ITEM AND JUSTIFICATION AMOUNT
REQUESTED
I Replace 2 PC's and fiber optic cabling for Police Legal 25,000
Advisor's Office - to establish a communications link with the
City Attorney's office.
2 Replace Personal Computer - new Accountant I position 2,800
created which called for more powerful PC capabilities.
3 Replace Laser Printer for Commission Secretary - current 1,900
printer is outdated and not compatible with computer.
4 Replace 5 desks - purchase was approved for FY95/96 but 5,000
funds were never budgeted.
5 Replace 5 office chairs in Finance Dept. - existing chairs are 1,360
worn and causing back aches.
6 Repair exterior siding at the Tennis Center. 25,000
7 Replace tile roof at Fire Station #2. 10,000
8 Replace carpet at the Public Works Compound. 7,790
9 Replace tile, sinks, wallpaper, and restroom stalls at the 17,250
Community Center.
10 Pay consultant's fees for Lake Ida Road and 1-95 barrier 30,000
walls for new landscaping design - Capital Improvement
Project has been approved for FY 96/97.
11 Build lifeguard headquarters building. 125,000
12 Removal of Australian Pines on Lake Ida Road. 6,750
13 Replace City Clerk's printer - existing printer is old and 2,000
unreliable.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~/ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER
SUBJECT: AGENDA ITEM # ~ - MEETING OF MAY 7, 1996
ADDITIONAL INFORMATION - MID-YEAR BUDGET AMENDMENT
DATE: MAY 6, 1996
Four (4) requests from agencies have been received for funding,
three of which are included in the Mid-Year Budget Amendment. The
requests received are as follows:
Youth Council (Conference) $ 1,835
Community Child Care Services (Conference) 3,000
Drug Abuse Foundation 15,000
Atlantic High School (debate team) 400*
*Not included in Mid-Year Amendment
The staff grant review team (Major Lincoln, Joe Weldon, Lula
Butler, Robert Barcinski) met today to review these requests. The
committee recommends approval of the Youth Council and Atlantic
High School debate team requests at this time. The committee also
recommends approval of the Drug Abuse Foundation request, but as
part of next fiscal years' budget. That is when funds would be
needed.
The committee recommends denial of the request from Community Child
Care Services. We did not feel that this was a public purpose
expense.
Drug Abuse Foundation of Palm Beach County, Inc.
Sr~J~s-E~ S~MC~ C~aa~uS * 400 S. SW~TON AVF_ * D~,nnY ~ * FL 32d.~~. · 407/278-0000 · 407/732-0800
OFF~C~.~S April 18, 1996
President Mr. E~c D. Hight~
- ' Dcl~y B~ch, FL 33~4
Con~ ~
~c~~.
' D~r Mr. Hight~:
~~ ~nclos~ pl~c ~d a ~py of~c propos~ job description ~o~
~..'~. at our l~ Drag T~k For~ m~g. ~so oufl~ ~ ~s l~er below is a su~a~
- -...~ budg~ for ~e position:
L~. ~W~-~ * Expenses:
~ s~ Sala~ $21,000.00
FHnge ~enef~s $3,965.00
Mileage $1,000.00
~aff Developmen~raining $250,00
Clin~al Supplie~Comm. Eduction $2,000.00
DI~ORS General E~enses $1,285.00
TOTAL EXPENSES ~0,000.00
~ ~ Revert ue:
S~ ~~ Funding from C~y of Delmy Beach $15,~0.00
Lr~ J~n Funding from Drag Abuse Foundation $15,000.00
W~ J.W~= TOTAL FUNDING $30,000.00
~o M. ~s
PI~c let mc ~ow if ~cm is =y ~tion mfo~tion you rcquirc rcgard~g ~is ma~cr.
R~pec~lly,
~N TAYLOR
~ec~ ~tor
Dr~buse~dation of Palm Beach Count, Inc.
- ~cut~c Di~m~ & CEO
Drug Abuse Foundation o/P=/m Be=ch Co...rv, ~nc.
400 South SwJnton Ave. Office of Personnel Services
Delray Beach, FL 33444 ~Employee Jlob Description
JOB TITLE Outreach Coordinator - Drug Court Services
CLASSIFICATION 220-03 Center
GROUP/'~EPARTMENT Treatment Group
UNITI~ROGRAM Assessment Center
SUPERVISOR Rita Piltz
SHIFTJHOURS Tues.-Fri. 10:00 am to 7:00 pm, and Sat. 9:00 am to 6:00 pm
This is a professional direct outreach position in a licensed substance abuse Treatment and
Prevention agency. This direct care s~aff provides outreach assessmem-related services
consistent with facilitating individuals' access to Foundation Services. This outreach
position provides services to assist clients with accessing civil court services to compel
loved ones or significant others to seek treatment. This position also provides community
education to generally inform the community on how to access intervention for substance-
abuse related problems. This position provides support services, including ensuring that
each eligible client receives court liaison, managed care, social support and
tracking/follow-up services. This position is expected to conduct these services in a
professional manner and consistent with Foundation policies and procedures. This position
is expected to carry out support service functions and related documentation in a
thorough, accurate, and timely manner consistent with program standards and Foundation
policy.
The tasks described below are general descriptions of the duties to be performed. They
may be expanded or changed, and presented in writing, as the needs of the position vary.
Nothing in the "General Job Responsibilities" section shall be construed as limiting the
general overview of the responsibilities as broadly outlined in the "Nature of Position"
section. It is the responsibility of this position to carry out the following:
I. Marchman Act Support Services: To provide assistance with accessing substance-abuse
services as provided for under the provision of the Marchman Act. This position will
assist individuals in obtaining, properly completing and filing the appropriate
paperwork to access services on behalf of a significant other through the Marchman
Act program. This position will coordinate and participate in activities designed to
educate the community on the provision of the Marchman Act and how this act might
assist them in accessing intervention services on behalf of a significant other.
2. Facilitating Service Access: This position will be responsible for facilitating access to
Foundation services on behalf of any member of the community who requests such
assistance, and will work specifically with Marchman Act clients to facilitate such
access ~
Office o! Personnel Services
Employee Job Description - Outreach Coordinator
220-03 Outreach Coordinator
Job Description
Page 2
3. Community Liaison Services: This position will act as a community liaison for the
Foundation and Marchman Act Services. Additionally, this position will man a
community liaison of'rice at Old Carver School or at some other similar location.
4. Court Reporting Services: This position will provide all required court reporting on
cases processed through the Marchman Act.
5. Follow-Up Services: This position will provide limited follow-up services on all clients
. processed through the Marchman Act program to determine their current status and to
facilitate, access te substance-abuse services for .continuing care needs. This position
will complete a monthly tracking form on Marchman Act clients for a period of time
after they have successfully completed treatment.
6. Ensure that service delivery is consistent with Foundation policy and program procedures.
7. Att:nd a rrtinimtu~ of 16 hours of staff development/training as required.
8. Document delivery of DAF services in a professional and timely manner and maintain clinical
record keeping as stated in Foundation policy and program procedures.
9. At,nd/participate in all scheduled staffmeefings and general staff meetings.
10. Read and adhere to all stated procedures in the Unified Program Standards and Policy Manuals,
Il. Attend/p~cipam in at least one workshop and/or waining available in the community, on a
yearly basis.
12. Participate in community service activiu'es, including but not limited t~: a.) Informational
presentations to community groups; and b.) Program promotion and/or presentations in the
The items listed below are intended to call your attention to certain key general
administrative requirements and conditions of this position. These descriptions are
intended to serve as a pre-orientation on certain items that will assist you in successfully
fulfilling the terms of your employment here at the Foundation. The items do not represent
a complete list of administrative issues concerning your employment, and may be
expanded or changed and presented in writing as the needs of the position vary.
1. Policy and Procedure: You will receive, or have at your disposal, three (3) important
policy manuals. These manuals are the Foundation's Policy Manual, the Personnel Policy
Hand,book, and your program or department's Operational Standards Manuals. Each of these
Office of Personnel Serwces
Employee Jol:) Descript~or~ · Outreacl~ Cocxdina[or
220-03 Outreach Coordinator
Job Description
Page 3
documents are provided to assist you in understanding the values, goals, objectives, standards
and official position of the Foundation on a variety of issues concerning your work and your
employment at the Foundation. As a condition of employment at the Foundation, you are
required to read and follow these policies.
2. Confidentiality: During the course of your employment, you will receive copies of the
Foundation's policy on confidentiality, and you will be involved with at least one training on
the subject during your orientation period. Because of the work we do, and the state and
federal laws outlining confidentiality standards, you will be required to strictly abide
by Foundation policy governing this issue. Violation of confidentiality standards will
result in disciplinary action up to and including dismissal.
3. Documentation Standards: Because the Foundation is a public agency, we are required
to comply with specific regulatory and contractual requirements relative to essential
documentation standards. These standards provide for thorough, accurate and timely
completion of required documentation. Compliance with these standards will be strictly
enforced. FalsLfying any records at the Foundation, clinical or adr~ir~istrative, will result in
disciplinary action up to and including termination. You are required to familiarize
yourself with the Foundation's documentation standards.
4. Community Services: Because of the community support upon which our agency
depends, ali staff will be required to participate in certain limited community activities.
Generally, these activities will be limited to presentations on substance abuse, promoting
drug-free living and/or educating the COmmunity about the services we provide. These
activities are coordinated by the Office of Community Relations. When selected to participate
in such activities, consideration for workload issues will be reviewed, but you may be
expected to participate at some level. The Office of Community Relations will properly
prepare you to participate ii'called upon.
S. Professional Conduct: We believe that it is important for employees to conduct
themselves in a professional manner at all times. As a result, we have identi~ed strict
standards for professional conduct and conflicts of interest issues, and have included them in
the Personnel Handbook. These standards will be strictly enforced.
6. Drug-Free Workplace: We are a drug-free workplace, and as result, we have instituted
a drug-free workplace program which includes employee drug testing. Simply stated, we will
not tolerate employees using mood altering chemicals in the workplace, or reporting to work
under the influence of mood altering chemicals except where provided for under the Drug-
Free Workplace policy. Please familiarize yourself with this policy.
7, Probationary Period: For the i'u-st six (6) months of your employment, you ar~
considered to be in a probationary status. During this time, you have a chance to familiarize
yourself with your specific job responsibilities, and with Foundation policy and procedures.
Upon successful completion of all mandatory background checks, drug testing, and your
Office o! Personr~el Services
Employee Jot~ Description - Outreach Coordinator
220-03 Outreach Coordinator
.lob Description
Page 4
performance evaluation, you are then considered to be in regular stares, and may take
advantage of all benefits as outlined in the Personnel Handbook.
8. Chain of Command: Throughout the employee orientation process, you will receive most
of the documents listed in this section, or will be given direction~ as to where essential
documents are located. However, whenever you have a question, or a request for Foundation
information, please go to your immediate Supervisor. If your Supervisor is unavailable,
oo~t,~t the next in command.
This position requires the following knowledge, abilities and skills:
1. Demonstrated ability to screen, assess, and diagnosis social services and clinical needs.
2. Knowledge of the disease concept of chemical dependence; i.e., symptoms of abuse and effects
on individuals, families, etc.
Knowledge of theories of personality and human development.
4. Demonstrated ability to sustain a professional, helping relationship with individuals, families
and groups.
5. Demonstrated ability to document all clinical activities in a professional and timely manner.
6. Demonstrated ability to utilize clinical supervision as an opportunity for examining own
Demonstrated ability to work well with others in the facilitation of all clinical and program
8. Demonstrated ability to maintain a professional and confidential disposition when dealing with
sensitive Foundation business.
9. Demonstrated ability to document and maintain client records.
10. Demonstraled abilily to communicate effectively, both verbally and in writing.
l 1. Demonstrated ability lo work well with others.
12. Demonstrated ability to execute the policies of the Foundation and directives of the Executive
Director, even when such policies and directives do not reflec~ individual wishes.
13. Ability to represent the Foundation lo the public in a manner consistent with the policies of the
Foundation and directives of the Executive Direclor.
Office of Personnel Services
Employee Job Description - Outreach Coordinator
220-03 Outreach Coordinator
.lob Description
Page 5
14. Demonsuated ability to reflect a positive, creative, and supportive attitude regarding the
resolution of problematic issues as they are presented to the Foundation.
15. Ability to establish and maintain effective working relationships with admimstrative officials,
associates and the general public.
16. General computer and typing skills preferred.
17. Knowledge of basic counseling and commutficafion skills.
1/L Demons~___ted_ ability to establL~ and sust~n.a pro/ess/onal relafions~p with ;individuals and t~ment
grou~ of varying delp~es of recovery.
19. Knowledge and unde~anding of the prindples and concepts of 12 Step Program
B~.helor's Degree in the areas of Counseling, Psychology, Social Work or Mental Health. CAP will be
cons/dered. Min/mum of 1 year of clin/cally-supervised experience in counseling/therapy, and/or 2 years'
~'icnce in social work.
I hereby understand and acknowledge the job description as outlined in this document, and
agree to its terms and conditions. I further acknowledge that my background meets the
experience and training as required by this position.
Signature of Employee Date
Personnel Manager Date
outreach.new
Office of Personnel Servicee
Employee Job Description - Outreach Coordinator
David Harden -
Delray Beach City Manager ·
100 NW 1st Ave. .~'
Delray Beach, Fi
33444
Dear Sir,
Four debaters from Atlantic Community High School will
be traveling to Topeka, Kansas at the end of May to compete
in a the Catholic National Forensic League championships.
The four student, Sacasha Brown, John Beach, Adam Mason, and
Rebecca Cutri-Kohart are enrolled in the International
Baccalaureate program at Atlantic.
While the School Board is paying for most of the travel
expenses, the student have been helping to off-set the cost
by selling candy, washing cars and waiting tables for tips
at the Bone's Barbecue restaurant on Linton Blvd. At this
point in time, the students still face a shortfall of
several hundred dollars. The students hope the Delray Beach
City Commission might help with a donation of $400 dollars.
If this can be arranged, Debate Club Vice President
Sacasha Brown and the other traveling debaters would be
available to thank the commission in personal at a
Commission meeting.
These young people are truly deserving of your help.
They strive to be the best they can be.
Thank you for your kind consideration, sincerely
David Freeman
Speech and Debate Coach
Atlantic Community High School
2501 Seacreat Blvd.
Delray Beach, F1
33444
243-1500
_ ~v.~l i~1 ~~ ~__~1
M E M 0 R A N D U M ~PY-f
[
TO: ~YOR ~D CITY CO~ISSIONERS
SUBJECT: VAC~CY ON THE PLANING ~D ZONING BOA~
DATE: ~Y 3, 1996
Karen Kiselewski has submitted a letter of resignation from the Planning
and Zoning Board due to her appointment on the City Commission. The
resignation will create a vacancy for an unexpired term ending August 31,
1996.
In order 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
property liens was conducted. None were found. Any outstanding
violations have been corrected.
The following persons have submitted their applications for review and
consideration:
Donald C. Allgrove
Edward Aptaker
Patricia L. Archer
J. Kent Atherton
Scott Atkinson
John G. Baccari - (currently serving on the Board of
Adjustment)
Ronald Brito - (currently serving on the Board of Con-
struction Appeals owns property in Delray)
Helen Coopersmith
Peter E. Costello
Kenneth J. Damian
Anthony Damiano
Mark David
Michael S. Eisenrod
Gary Eliopoulos
Joe Farkas
Sharon Fowler
Bob Griek
Ruth Hauser
Henry Heller
Daniel Hess - (currently serving on the Board of Con-
struction Appeals)
Anne Hoctor
Barbara Holden - (currently serving on the Code Enforcement
Board) ~i
MEMORANDUM: City Commission (P&Z)
May 3, 1996
Page 2
John-Michael Jones
Leo Koppman
Harriet Lerman
Jon Levinson
Alberta McCarthy
Gall-Lee McDermott
P. Michael Manning
Arthur J. Menor
Arthur B. NeJame
Steven Neubarth
Michael G. Park - (currently serving on the Board of Ad-
justment)
Sylvia Pecaro
Janet Phipps
Michael Plum
Sherry Morris Potts
Scott A. Reinhart
Benjamin Ricker
Sidney Soloway
Stanley Watksy
The appointment will be made by Commissioner Kiselewski (Seat #1).
Recommend appointment of one (1) member to the Planning and Zoning Board
to an unexpired term ending August 31, 1996.
llapz.doc
3674 Lakeview Blvd.
Delray Beach, FL 33445
April 18, 1996
Ms. Diane Dominguez
Planning Director
City of Delray Beach
100 N. W. 1 st Avenue
Delray Beach, FL 33444
Dear Diane,
This letter provides my resignation from the City's Planning and Zoning Board, effective April
26, 1996. This resignation is necessary so that I may fill the remainder of Barbara Smith's term
on the City Commission.
I have enjoyed serving on the Planning and Zoning Board and working with the Planning staff.
In my new role, I look forward to interacting with you and other City departments.
Sincerely,
Karen A. Kiselewski
CIT~ OF DELRA¥ BEACH
BOARD HEHBER APPLICATION
NAME Gary P. Eliopoulos
2677D N. Albatross Road, Delray Beach, Florida 33Z~
HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE)
Pobert G. C~rie Psr~, Imz., 13~ N.E. 1 st Avenue~ Delra~ Bch~ FL ~3~
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
NOME P~ONE -~07-2~3-9196 BUSINESS PHONE ~07-276-~951
ON ~AT BOARDS ARE YOU INTERESTED IN SERVING Planning & Zoning, SPRAB
LIST ALL CITY BOARDS ON ~RICH YOU ARE- CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
N/A
EDUCATIONAL QUALIFICATIONS B.A. of Architecture, Pratt Instituter , ~,
Brooklyn, New York
LIST ANY ~TED PROFESSIONAL CERTIPICATIONS AND LICENSES ~IqlCH YOU HOLD ..
Registered Architect of Florida
GIVE YOUR'PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
Architect & Partner at Robert G. Currie Partnership~ Inc.
DESCRIBE EXPERIENCES, SKILLS OR KNOW,LEDGE ~HICH QUALIFY YOU TO SERVE ON THIS
BOARD See attached resume'
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEHENTS AKE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL PACTS CONTAINED. IN THIS APPLICA-
TION MAY CAUS$_ FORFEITURE UPO~ MY PART OF ANY APPOINTMENT I MAY RECEIVE.
.
DATE
4/90
GARY P. ELIOPOULOS, RA
CURRICULUM VITAE
Mr. Eliopoulos has been affiliated with ROBERT G. CURRIE PARTNERSHIP since 1985, during which time
he has developed an acute portfolio of work and knowledge pertinent to hospitality and commercial
development.
EDUCATION
PRATT INSTITUTE · Bachelor of Architecture, 1985
PRATT INSTITUTE · Special Europq~an Studies Program, January - June 1983
HARVARD UNIVERSITY SCHOOL OF ARCHITECTURE · Continuing Education Program, September -
December 1979
REGISTRATION
Architect: Florida, # 4964
Certified: NCARB, # AR 0013894
EXPERIENCE
In addition to his project management responsibilities with Robert G. Currie & Associates, Mr. Eliopoulos
served as in-house architect for one of the east coast's most successful hotel developers. While associated
with Ocean Properties, Ltd., Mr. Ellopoulos was responsible for preliminary site and building design for
hotels, offices, retail centers, restaurant and multi-family projects, as well as mixed use projects. The'
diversity of Mr. Eliopoulos' experience is further defined through his involvement with site plan approval
applications, presentation drawings, development of contract documents, on site project administration and
CAD proficiency. Selected examples of Mr. Eliopoulos' hospitality project experience include:
· Catalina Centre Holiday Inn, Boynton Beach, Florida - a 120-room property with full restaurant,
conference and lounge facilities.
· South Portland Marriott, South Portland, Maine - a 287-room property with full service amenities.
· - Andover Marriott, Andover, Massachusetts - a 332-room property with full restaurant, conference
and lounge facilities.
· Pirates Cove Holiday Inn, Paradise Island, Bahamas - a 600-room full-service resort property.
· Holiday Inn Chlnle, Chinle, Arizona - a 120-room properly with full restaurant, conference and
lounge facilities.
· Fairfield Inn, Bangor, Maine - a 200-room property with full restaurant and lounge facilities. This
prototYpe design (developed by Mr. Eliopoulos) has been repeated by Marriott Corporation on
numeroUs properties throughout the United States.
· Fairfield Inn, Phoenix, Arizona - a 200-room properly with full restaurant and lounge facilities.
· St. Andrews Clubhouse, Boca Raton, Florida - in association with Sam
Rosenberg Design, providing services for the renovation and expansion of this established
community golf clubhouse.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
s~cT: Asn~ ~ # ~ - ~~ ~~ OF MAY 7, ~996
CITY COMMISSION LIAISON ASSIGNMENTS
DATE: MAY 3, 1996
Attached is the list of City Commission liaison assignments as they were
tentatively approved at the March 28th organizational meeting. You asked
to review these assignments after filling the Seat #1 vacancy.
We previously indicated that both the Afford_able Housing Advisory Committee
and the Pompey Park Advisory Committee are relatively new and had not yet
been assigned a Commission liaison. On March 28th, Mr. Randolph agreed to
serve as liaison with the Affordable Housing Advisory Committee. There
remained a question if a liaison was necessary for the Pompey Park Advisory
Committee. Also, since Tom Lynch was appointed to continue serving on the
General Employees Retirement Committee, no mention was made of appointing a
liaison.
The action requested is formal assignment of the liaison positions at the
Commission' s discretion.
ref: agmemo9
CITY COMMISSION LIAISON ASSIGNMENTS
Below is a list of Commission liaison assignments to the various
advisory boards and committees, and outside agencies, as
tentatively approved at the March 28th organizational meeting.
Board Liai son Alternate
Board of Adjustment Mr. Randolph ~
1st & 3rd Thursdays ~
at 5:30 p.m. in the
Commission Chambers
(as needed)
Board of Construction Mr. Randolph Mayor Alperin
Appeals - ~terly
on 1st Wednesday of
month at 5:00 p.m. in
Commission Chambers
(as needed)
Civil Service Board Mr. Ellingsworth Mr. Randolph
Meets as needed
Code Enforcement Board Mayor and Commissioners to
2nd & 4th Tuesdays attend on an alternating basis
at !: 30 p.m. in as available
Commission Chambers
Site Plan Review and
Appearance Board ~ Mayor Alperin
Alternating Wednesdays
at 6:30 p.m. in
C~ssion Chambers
Cc~m~ty Redevelot~ent Mayor Alperin Mr. Egan
Agency - 2nd & 4th
Thursdays at 6: 00 p.m.
in 1st Floor Conference
Room/City Hall
Parking Management Mr. Egan Mr. Ellingsworth
Team - Meets as needed
at 5:00 p.m. (right before
CRA meetings on 2nd & 4th
Thursdays) in !st Floor
Conference B~om/City Hall
Downtown Develola~ent
3rd Wednesday at
12:00 Noon at
Chamber of Commerce
64 S.E. 5th Avenue
Outside Agency Appointments: . ~/~d~
Aqency Liaison ~2~ r~ ~- .
~.'.." ',~,~/n l
(1) Palm Beach County Municipal League ~
Governmental Center with Mr. Randolph as
301 North Olive Avenue alternate
P.O. Box 1989
West Palm Beach, FL 33402
contact: Jack Horniman
Executive Director
407/355-4484
Meets on the last Wednesday of the
month at 10:30 a.m.; location varies
(2) Palm Beach county Beaches and
Shores Council John Walker (staff); no
P.B.C. Planning, Zoning and Commission liaison
Building Department necessary
2nd Floor conference Room
100 Australian Avenue
West Palm Beach, FL 33406
407/233-2400
Contact: John Walker (city staff)
243-7321
Meets the 2nd Monday of the month at
1:30 p.m.
(3) Metropolitan Planning Organization Mr. Ellingsworth,
of Palm Beach County with Mr. Randolph
160 Australian Avenue, Suite 201 as alternate
P.O. Box 21229
West Palm Beach, FL 33416-1229
Contact: RaD~ty M. Whitfield, P.E.
Director
407/684-4170
or
Paul Dorling (city staff)
Principal Planner
243-7040
Meets on 1st Wednesday of the month at
9:00 a.m. at 160 Australian Avenue -
5th Floor conference Room
(4) Liaison to State Representative
William F. Andrews, District 87 Mr. Ellingsworth
(5) Intergovernmental Coordination
Issues Forum Mayor Alperin
MEMORANDUM
TO: Mayor and City Commissioners
FRC~: Alison MacGregor Harty, City Clerk~
SUBJECT: City CommissionLiaisonAssignments
DATE: May 13, 1996
Attached for your information is the list of City Commission liaison
assignments as approved at the May 7th regular meeting. The only remaining
vacancy is for the Palm BeachCountyMunicipal League.
If you have any questions, please do not hesitate to contact this office.
Attachment
cc: David T. Harden, City Manager
Anita Barba, Executive Assistant
CITY CC~MISSION LIAISON ASSI~S
Below is the list of Commission liaison assignments to the
various advisory boards and committees, and outside agencies, as
approved at the May 7, ! 996, regular meeting.
Board Liaison Alternate
Board of Adjustment Mr. Randolph Ms. Kiselewski
1st & 3rd Thursdays
at 5:30 p.m. in the
Ccem~ssion Chambers
(as needed)
Board of Construction Mr. Randolph Mayor Alperin
Appeals - O~arterly
on 1st Wednesday of
month at 5:00 p.m. in
Commission Chambers
(as needed)
Civil Service Board Mr. Ellingsworth Mr. Randolph
Meets as needed
Code Enforcement Board Mayor and Commissioners to
2nd & 4th Tuesdays attend on an alternating basis
at 1: 30 p.m. in as available
Commission Chambers
Site Plan Review and
Appearance Board Ms. Kiselewski Mayor Alperin
Alternating Wednesdays
at 6:30 p.m. in
Commission Chambers
Community Redevelopment Mayor Alperin Mr. Egan
Agency - 2nd & 4th
Thursdays at 6:00 p.m.
in 1st Floor conference
Room/City Hall
Parking Management Mr. Egan Mr. Ellingsworth
Team - Meets as needed
at 5:00 p.m. (right before
CRA meetings on 2nd & 4th
Thursdays) in 1st Floor
Conference Room/City Hall
Downtown Development
Authority Ms. Kiselewski No alternate
3rd Wednesday at
12:00 Noon at
Chamber of Commerce
64 S.E. 5th Avenue
Education Board Mayor Alperin Mr. Randolph
1st & 3rd Mondays at
5:30 p.m. (lst Monday in
1st Floor Conference
Room; 3rd Monday/alternate
school locations)
Delray Beach Housinq
Authority Mr. Ellingsworth Mr. Randolph
3rd Wednesday of the
month at 11:30 a.m. at
770 S.W. 12th Terrace
Historic Preservation
Board Mr. Egan Mr. Ellingsworth
1st & 3rd Wednesdays
at 6:00 p.m. in 1st
Floor Conference Room
Kids and Cops Mr. Egan Ms. Kiselewski
1st Wednesday at
7:00 p.m. at Police
Department
Public Employees Relations
Commission (PERC) Mr. Ellingsworth Mr. Randolph
~mrterly; times are
arranged; meets in
Commission Chambers
Planning and Zoning Board Mr. Egan Mayor Alperin
Work session 2nd Monday
at 6: 00 p.m. in Planning
conference Room
Regular meeting 3rd Monday
at 6:00 p.m. in Commission Chambers
Police & Fire Board of Trustees The Mayor is a sitting
3rd Wednesday 2-4:00 p.m. in member; no liaison
Police Chief's conference Room necessary
General Employees Retirement Tom Lynch appointed by
Committee Commission 3/28/96 to
Meets as needed continue serving
Afford_able Housinq Advisory Committee Mr. Randolph
Meets every other month on 3rd Thursday
at 5: 00 p.m. in !st Floor Conference Room
.,P~mpey Park Advisory Committee Mr. Ramxtolph
1st Wednesday of the month at 6:30 p.m.
in the Pompey Park conference room
Outside Agency A~Dointments:
Agency Liai son
(1) Palm Beach County Municipal Leaque
Governmental Center with Mr. Randolph as
301 North Olive Avenue alternate
P.O. Box 1989
West Palm Beach, FL 33402
contact: Jack Horn/man
Executive Director
407/355-4484
Meets on the last Wednesday of the
month at 10:30 a.m.; location varies
(2) Palm Beach county Beaches and
Shores council John Walker (staff); no
P.B.C. Planning, Zoning and Commission liaison
Building Depa~ h,~ent necessary
2nd Floor conference Room
100 Australian Avenue
West Palm Beach, FL 33406
407/233-2400
Contact: John Walker (city staff)
243-7321
Meets the 2nd Monday of the month at
1:30 p.m.
(3) Metropolitan Planning Organization Mr. Ellingsworth,
of Palm Beach county with Mr. Randolph
160 Australian Avenue, Suite 201 as alternate
P.O. Box 21229
West Palm Beach, FL 33416-1229
contact: Randy M. Whitfield, P.E.
Director
407/684-4170
or
Paul Dorling (city staff)
Principal Planner
243-7040
Meets on 1st Wednesday of the month at
9:00 a.m. at 160 Australian Avenue -
5th Floor Conference Room
(4) Liaison to State Representative
William F. Andrews~ District 87 Mr. Ellingsworth
(5) !.ntergovernmental Coordination
Issues Forum Mayor Alperin
MEMORANDUM
TO: MAYOR AND CITY Cf~9~ISSIONERS
FRf~4: CITY MANAGER ~i~l
SUBJECT: AGENDA ITEM ~ /O.~ - MEETING OF MAY 7, 1996
SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 10-96 (FUTURE
LAND USE MAP AMENDMENT FOR A PORTION OF WATERFORD PLA~E/DELINT
DB/); AND
/~,.~",~
MAY 3, ].996
This is second reading aD~ the second public hearing for Ordinance No.
10-96 changing the Future Land Use Map (FLUM) designation for a 35.77 acre
portion of the Waterford Place Development of Regional Impact (DB/). The
current designation is Commerce. The proposed designations are Medium
Density Residential (5-12 dwelling units/acre) for a 31.77 acre portion of
the site, and Transitional for the remaining four acres.
On February 6, 1996, Commission passed the ordinance on first reading and
authorized transmittal to the Department of Community Affairs. DCA
reviewed the FLUM amendment and had no comments. The Future Land Use Map
change was accompanied by a Master Development Plan modification, SAD
zoning modification, and a DB/ Develolanent Order modification to allow the
replacement of the 322,413 sq. ft. office use component with a 300 unit
rental apartment project and a 78 unit residence/business hotel. The
revised master development plan and SAD zoning aspects were approved by
Commission with the adoption of Orclinance No. 11-96 on March 5, 1996.
However, the approval does not become effective until Ordinance No. 10-96
is adopted and becomes effective.
In addition, Resolution No. 37-96 is before the Commission for
consideration. It modifies the DB/ Development Order to reflect the
changes brought about by the revised development proposal.
The Planning and Zoning Board considered this item at public hearing on
Jan~,~y 22, 1996. After discussion, the Board voted 5 to 1 (Schwartz
dissenting; Schmidt absent) to recommend approval of the FLUM amendment.
Concerns had been expressed over certain school issues. The Planning and
Zoning Board reviewed these issues before making its recommendation.
A_~___~_~tional correspondence frc~ the School Board and the applicant is
included with the backup material.
Recommend approval of Ordinance No. 10-96 on second and final reading, and
approval of Resolution No. 37-96 modifying the DRI-DO, based on the
findings and recommendation of the Planning and Zoning Board.
ref: agmemo 10
/$. I
ORDI~E NO. 10-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE
MAP DESIGNATION IN THE COMPREHENSIVE PLAN FOR A
PORTION OF THE ~TERFORD PLACE/DELINT DEVELOPMENT OF
REGIONAL IMPACT, AS MORE PARTICULARLY DESCRIBED
HEREIN, FROM ~E TO MEDIUM DENSITY RESIDENTIAL
5-12 DWELLING UNITS/ACRE FOR A 31.77 ACRE PORTION OF
THE SITE, AND FROM COMMERCE TO TRANSITIONAL FOR A 4
ACRE PORTION OF THE SITE; PURSUANT TO THE PROVISIONS
OF FLORIDA STATUTES SECTION 380.06(6) (b); PBDVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the property hereinafter described is designated on
the Future Land Use Map (FLUM) in the Comprehensive Plan for the City
of Delray Beach, Florida, as Commerce; and
WHEREAS, on January 22, 1996, the Planning add Zoning Board
for the City of Delray Beach, as Local Planning Agency, considered
this matter at public hearing and voted 5 to 1 to recommend that the
FLUM designation be changed from Commerce to Medium Density
Residential 5-12 du/acre for a 31 acre portion of the site, and from
Commerce to Transitional for a 4 acre portion of the site, based upon
positive findings; and
WHEREAS, it is appropriate that the Future Land Use Map in
the Comprehensive Plan be amended to reflect FLUM designations of
Medium Density Residential 5-12 du/acre and Transitional.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the legal description of the subject
property is as follows:
PARCEL "A"
A portion of Parcel 4, LINTON CENTER, as recorded in
Plat Book 39, Pages 8 and 9 of the Public Records of
Palm Beach County, Florida, lying in Section 29,
Township 46 South, Range 43 East, City of Delray
Beach, Palm Beach County, Florida, being more
particularly described as follows:
Beginning at the intersection of the Westerly
right-of-way line of Lindell Boulevard as shown on
said Plat of LINTON CENTER and the extension of the
centerline of the right-of-way of Southwest 10th
Avenue as shown on said Plat; (1) thence, South 46
degrees 49' 15" West, a distance of 220.29 feet; (2)
thence, North 43 degrees 10' 45" West, a distance of
288.3! feet; (3) thence, South 46 degrees 49' 15"
West, a distance of 204.94 feet; the last three (3)
described courses being contiguous with the Southerly
boundary of BUILDERS SQUARE - LINTON CENTER, as
recorded in Plat Book 70, Pages 137-138 of the Public
Records of Palm Beach County, Florida; thence, South
00 degrees 00' 00" East, a distance of 143.49 feet;
thence, South 46 degrees 49' 33" East, a distance of
159.16 feet to a point of curvature of a non-tangent
curve, whose radius bears South 59 degrees 12' 31"
East, having a radius of 390.00 feet and a central
angle of 30 degrees 47' 29"; thence, Southeasterly
along the arc of said curve a distance of 209.59
feet; thence, South 00 degrees 00' 00" West, a
distance of 183.90 feet; thence, North 46 degrees 01'
26" West, a distance of 674.91 feet; thence, South 43
degrees 58' 34" West, a distance of 79.99 feet;
thence, South 00 degrees 00' 00" East, a distance of
46.31 feet; thence, South 45 degrees 00' 00" East, a
distance of 287.25 feet; thence, South 45 degrees 00'
00" West, a distance of 289.49 feet; thence, South 31
degrees 55' 20" West, a distance of 414.80 feet;
thence, South 00 degrees 00' 00" East, a distance of
20.00 feet; thence, South 45 degrees 00' 00" East, a
distance of 557.25 feet; thence, South 65 degrees 00'
00" East, a distance of 89.93 feet; thence, South 90
degrees 00' 00" East, a distance of 126.21 feet;
thence, North 45 degrees 00' 00" East, a distance of
148.86 feet; thence, North 90 degrees 00' 00" East, a
distance of 34.68 feet; thence, South 54 degrees 00'
00" East, a distance of 119.77 feet; thence, North 62
degrees 00' 00" East, a distance of 145.00 feet;
thence, North 67 degrees 13' 21" East, a distance of
31.18 feet; thence, North 24 degrees 30' 00" East, a
distance of 20.73 feet; thence, North 49 degrees 00'
00" East, a distance of 227.50 feet; thence, North 44
degrees 51' 05" East, a distance of 242.41 feet;
thence, North 38 degrees 00' 00" West, a distance of
132.36 feet; thence North 00 degrees 00' 00" West, a
- 2 - Ord. No. 10-96
distance of 70.00 feet; thence, North 45 degrees 00'
00" East, a distance of 158.39 feet; thence, North 00
degrees 00' 00" East, a distance of 148.50 feet;
thence, North 22 degrees 30' 00" East, a distance of
19.13 feet; thence, North 81 degrees 47' 49" East, a
distance of 197.56 feet; thence, North 46 degrees 49'
15" East, a distance of 46.26 feet; thence, North 38
degrees 11' 01" West, a distance of 123.10 feet;
thence, North 45 degrees 00' 00" West, a distance of
540.00 feet; thence, North 46 degrees 49' 15" East, a
distance of 119.20 feet; thence, North 43 degrees 10'
34" West, a distance of 50.00 feet to the Point of
Beginning; the last course being coincident with the
Westerly right-of-way line of said Lindell Boulevard.
The subject property is located south of Linton
Boulevard, between Interstate-95 and Lindell
Boulevard; containing 31.77 acres, more or less, and
subject to easements, covenants, restrictions,
reservations and rights-of-way of record.
PARCEL "B"
A portion of Parcel 4, LINTON CENTER, as recorded in
Plat Book 39, Pages 8 and 9 of the Public Records of
Palm Beach County, Florida, lying in Section 29,
Township 46 South, Range 43 East, City of Delray
Beach, Palm Beach County, Florida, being more
particularly described as follows:
Commencing at the intersection of the Westerly
right-of-way line of Lindell Boulevard as shown on
said Plat of LINTON CENTER and the extension of the
centerline of the right-of-way of Southwest 10th
Avenue as shown on said Plat; (1) thence, South 46
degrees 49' 15" West, a distance of 220.29 feet; (2)
thence, North 43 degrees 10' 45" West, a distance of
288.31 feet; (3) thence, South 46 degrees 49' 15"
West, a distance of 204.94 feet to the Point of
Beginning; (4) thence, South 87 degrees 12' 58" West,
a distance of 276.44 feet; the last four (4)
described courses being contiguous with the Southerly
boundary of BUILDERS SQUARE - LINTON CENTER, as
recorded in Plat Book 70, Pages 137-138 of the Public
Records of Palm Beach County, Florida; thence, South
43 degrees 58' 34" West, a distance of 213.84 feet;
- 3 - Ord. No. 10-96
thence, South 46 degrees 01' 26" East, a distance of
674 91 feet; thence, North, a distance of 183 90 feet
to a point on a curve concave to the Southeast,
having a radius of 390.00 feet and a central angle of
30 degrees 47' 29"; thence, along the arc of said
curve a distance of 209.59 feet; thence, North 46
degrees 49' 33" West, a distance of 159.16 feet;
thence, North, a distance of 143.49 feet to the Point
of Beginning.
The subject property is located south of Linton
Boulevard, between Interstate-95 and Lindell
Boulevard; containing 4.00 acres, more or less, and
subject to easements, covenants, restrictions,
reservations and rights-of-way of record.
Section 2. That the Future Land Use Map designation in the
Comprehensive Plan for the subject property hereinabove described as
Parcel "A" is hereby changed from Commerce to Medium Density
Residential 5-12 du/acre.
~_~ That the Future Land Use Map designation in the
Comprehensive Plan for the subject property hereinabove described as
Parcel "B" is hereby changed from Commerce to Transitional.
Section 4. That this plan amendment is made pursuant to the
provisions of Florida Statutes Section 380.06(6)(b) with respect to
it being exempt from statutory limits on the frequency of
consideration to amendments to the local comprehensive plan.
~_~ That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 6. 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 7. That this ordinance shall become effective upon
the date a final order is issued by the Department of Community
Affairs finding the amendment to be in compliance in accordance with
Chapter 163.3184, F.S.; or the date a final order is issued by the
Administration Commission finding the amendment to be in compliance in
accordance with Chapter 163.3184, F.S.
- 4 - Ord. No. 10-96
PASSED AND ADOPTED in regular session on second and final
reading on this the 7th day of May , 1996.
ATTEST:
~Cit¥ C~rk /
First Reading February 6, 1996
Second Reading May 7, 1996
- 5 - Ord. No. 10-96
FORD W~U. LACE DOOGE
NISSAN
LIN TON BLYD.
LINT~ PLAZA
~R~I T ROSS ~RCLE
~TY
LAKEHEW
APAR~EN~
BUILDERS
SOUARE
DELRA Y
WA TERFORD f ~[Ro.
APARTMENTS
ROA~
LAKE DELRA Y
APARTMENTS
Cl*~l' of' o~..R&Y B[~.CH. FL TRANSITIO~IAL LAND US£ DESICNATION. MEDIUM DENSITY LAND USE
DESIGN ATtON. .
RESOLUTION NO. 37-96
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DRLRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 49-85,
AS AMENDED AND SUPPLEMENTED, WHICH CONSTITUTES A
DEVELOPMENT ORDER BY THE CITY OF DELRAY BEACH, BY
MODIFYING THE APPROVED USES, CONDITIONS OF APPROVAL,
AND THE APPLICABLE SAD ORDINANCE AND APPP4DVED MASTER
PLAN FOR THE ~ATERFORD PLACE DEVELOPMENT OF REGIONAL
IMPACT; PROVIDING AN EFFECTIVE DATE.
WHEREAS, at the meeting of May 28, 1985, the City Commission
adopted Resolution No. 49-85, making findings of fact and determining
conclusions of law pertaining to the Delint Center (now known as Waterford
Place), a DeveloI~uent of Regional Impact (DRI), and constituting said
Resolution No. 49-85 as a Develoi~uent Order (DO) by the City of Delray
Beach in compliance with law; and
WHEREAS, Resolution No. 49-85 has been subsequently modified by
Ordinance No. 96-87, adopted December 22, 1987, and by Resolution No.
80-89, adopted October 24, 1989, and by Resolution No. 132-92, adopted
December 16, 1992, and by Resolution No. 10-95, adopted Feb~,~y 21, 1995,
and by Resolution No. 60-95, adopted September 5, 1995; and
WHEREAS, the current owners of the property have sought a
modification to the develoi~uent to replace the proposed office/research and
develolm~ent use with the addition of 300 multi-family rental units and a 78
room residence/business hotel; and
WHEREAS, on January 22, 1996, the Planning and Zoning Board for
the City of Delray Beach, as Local Planning Agency, considered this matter
at public hearing aD~ voted 5 to 1 to recommend that the modification be
approved, based upon positive findings; and
WHEREAS, the City Commission, on Febm~js~y 6, 1996, determined
that such proposed modification would not constitute a substantial
deviation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the second "WHEREAS" clause of Resolution No.
49-85, as amended by Resolution No. 132-92, is hereby modified to read as
follows:
WHEREAS, said Applicant proposes to construct
~~/~i~¢//~¢¢~/~//~¢¢/~1~¢¢~ 136,000 square
feet of general retail use, ~//~$~ 536 multi-family
residential dwelling units with associated recreational
amenities, and a 78 room residence~business hotel with
ancillary recreational amenities on 86.5 acres,
constituting a Development of Regional Impact on the
real property fully described in Exhibit "A" attached
hereto and located in the City of Delray Beach,
Florida; and,
Section 2. That the heading CONCLUSIONS OF LAW, subheading
Application for Development ApDroval, Condition #1 of Resolution No. 49-85,
as amended by Resolution No. 132-92, is hereby amended to read as follows:
Application for Development Approval
1. ~ne Delint Center Application for Development Approval is incorporated
herein by reference and relied upon by the parties in discharging their
statutory duties under Chapter 380, Florida Statutes. Substantial
compliance with the representations contained in the Application for
Development Approval is a condition for approval unless waived or modified
by agreement among the parties, as defined in Subsection 380.07(2), Florida
Statutes. For purposes of this condition, the Application for Development
Approval (ADA) shall include the following items: ADA, sutmuttted December
17, 1984, and supplemental information submitted Feb~3ery 4, 1985, October
8, 1987, and the Conceptual Master Development Plan as approved by the City
Commission on ~¢~/~]//~99~ March 5, 1996. To the extent that plans
sulmmitted along with the application for and approval of Special Activities
District (SAD) rezoning differ from those submitted for Development of
Regional Impact approval, the latter plans will control.
Section 3. That the heading CONCLUSIONS OF LAW, subheading
Transportation, Condition #20 of Resolution No. 49-85, is hereby amended to
read as follows:
Transportation
20. The developer shall contribute an additional ~i~/¢¢~/1~//~,~¢
~/~//~/~¢¢//~W~/~4~4~//~J%~E%~{~ $47.41 per vehicular trip,
which equates to $134,834 ($47.41 x 2,844 trips) to be paid to the City of
Delray Beach at the time of issuance of Certificates of Occupancy. The
funds shall be placed into a Roadway Trust Fund by the City, and
transmitted to Palm Beach County upon establishment by the County of a
special purpose impact fee for the creation of additional interchange
capacity for Interstate 95 with/n the project's area of impact. Should
Palm Beach County decide not to establish such an impact fee, the funds
shall be used by the City for roadway improvements within the impact area.
- 2 - Res. NO. 37-96
Section 4. That the heading CONCLUSIC~S OF LAW, subheading Local
Issues, Condition #21 of Resolution No. 49-85, as amended by Resolution No.
132-92, is hereby amended to read as follows:
Local Issues
21(A). The conditions of approval for the rezoning of the land to SAD
(Special Activities District), as contained in Ordinance No. 79-84, as
amended by Ordinance No. 64-92 and Ordinance No. 11-96, are hereby
incorporated into this Develolanent Order by reference, except for the site
and develotanent plans referenced in Section 3 of Ordinance No. ~%9~ 11-96.
21(B). The conceptual Master Develolanent Plan approved by the City
Commission on ~¢~f~/~]/~ March 5, 1996, is adopted and incorporated
herein as substitute for the Development Plans suhnitted with the ADA.
Nothing herein shall be construed to relieve the developer from obtaining
City of Delray Beach approval for future proposed changes to the site and
develolanent plans incorporated by Section 3 of Ordinance No. ~%9~ 11-96.
Section 5. That the heading CONCLUSIONS OF LAW, subheading Local
Issues, Condition #22 of Resolution No. 49-85, as amended by Resolution No.
10-95, is hereby amended to read as follows:
Local Issues
22(A). Prior to issuance of Certificates of Occupancy for the General
Retail use, the south approach of S.W. 10th Avenue at Linton Boulevard
shall be improved to the ultimate section as approved by Palm Beach County
and the City of Delray Beach.
22(B). Within three months of the date of issuance of Certificates of
Occupancy for the General Retail use, an analysis of the intersection of
S.W. 10th Avenue/Lindell Boulevard shall be suhnitted which shall determine
if a traffic signal at the intersection is warranted. If warranted, the
signal shall be installed by the developer within three months of a
directive by the City of Delray Beach. If not warranted, the requirement
for an intersection analysis shall become a requirement of the annual
report by the developer. If and when the intersection analyses show that a
traffic signal is warranted, the signal shall be installed by the developer
within three months of a directive by the City of Delray Beach. Prior to
issuance of the last Certificate of Occupancy for the residence/business
hotel and the 300 rental apartments, the traffic siqnal shall be bonded by
the developer. (l~e year after issuance of the last Certificate of
Occupancy, an intersection analysis shall be sutxnitted by the developer.
If a traffic siqnal is warranted, the bond will be utilized to install the
traffic signal. If a traffic siqnal is not warranted, the bond will be
returned to the developer.
- 3 - Res. No. 37-96
22(C). An intersection analysis of the intersection of S.W. 10th Avenue/
Lindell Boulevard and capacity determination for S.W. 10th Avenue shall be
sulmtitted with each site plan for further development in the Waterford
Place DRI. Based upon such analyses and when so determined by the City,
the developer shall improve the intersection and shall complete the
four-lane section of S.W. 10th Avenue between Linton Boulevard and Lindell
Boulevard.
22 (D). The developer shall sutm~t plans to de-emphasize Lindell
Boulevard as a collector road with any site plan for further development of
the Waterford Place DRI. Such plans shall address, among other
alternatives, the realignment of Lindell Boulevard into the 300 rental
apartments and residence/business hotel component of the Waterford Place
DRI.~$¢~Y~/~¢~/~$¢¢/~b~X/ Designs to so de-emphasize traffic use on
Lin dell Boulevard may be required through site plan conditions.
Section 6. That Resolution No. 49-85, Ordinance No. 96-87,
Resolution No. 80-89, Resolution No. 132-92, Resolution No. 10-95, and
Resolution No. 60-95 remain in effect except as modified herein.
Section 7. That this resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED in regular session on this the 7th day of May,
~996.
City Cler~ ' '
- 4 - Res. No. 37-96
TO: D~VID T. H~P, DEN, CITY MANAGER
THRU: DIANE DOMINGUEZ, D~I,I~E(~TOR
DEPARTMENT OF PLANNING AND ZONING
FROM: PAUL DORLING, .RPL~ICIPAL PLANNER
SUBJECT: MEETING OF MAY 7, 1996 SECOND READING OF A FUTURE
LAND USE MAP AMENDMENT FROM COMMERCE TO A
COMBINATION OF MEDIUM DENSITY (5-12 UNITS PER ACRE)
AND TRANSITIONAL FOR A 35 ACRE PORTION OF THE
WATERFORD DRI, LOCATED SOUTH OF LINTON BLVD. EAST
OF I-!)5, AND CONSIDERATION OF ASSOCIATED CHANGES
TO THE DEVELOPMENT OF REGIONAL IMPACT -
DEVELOPMENT ORDER {DRI-DO).
The action requested of the City Commission is a.ggroval on second
reading of Ordinance 10-96, a Future Land Use Map Amendment for a
portion of Waterford Place/Delint DRI along with approval of Resolution #
37-96 which modifies the associated Development Order.
The subject property is located south of Linton Boulevard and east of 1-95.
The applicant is requesting a Future Land Use Map amendment for the vacant
35 acre portion of the Waterford/Delint DRI from Commerce to a combination of
Transitional (4 acres) and Medium Density Residential (31.77 acres). The Future
Land Use Map change is accompanied by a Master Development Plan
modification, SAD zoning modification and a DRI/DO (Development of Regional
Impact Development Order) all of which replace the approved 322,413 sq.ft, of
office use with a 300 unit upscale rental apartment project and a 78 unit
residence/business hotel.
The SAD ordinance and associated Master Development Plan were approved by
City Commission on March 5, 1996 with an effective date tied to the approval of
the FLUM amendment and the DRI/DO modification.
The proposed changes to the DRI/DO (Resolution # 37-96) relate to modifying
the list of approved uses and dates of the applicable SAD ordinance and
approved master plan. In summary the proposed DRI/DO changes are;
· Deletion of 322,413 sq.ft, of office space.
· Addition of 300 upscale rental units with associated recreation units.
· Addition of a 78 room business/residential hotel.
· Change to Condition # 1 which will modify the date to reflect the most
current Master Development Plan approval (March 5, 1996).
· Change to Condition # 21 which will add the current SAD ordinance
(Ordinance 11-96).
· Change to Condition # 21B which will add the date and ordinance for
the recently approved Master Development Plan (March 5, 1996,
Ordinance 11-96).
Several other DRI/DO conditions are affected by the development proposal and
are discussed below. Some of these conditions are no longer applicable
(Condition #15) or have been adequately addressed (Conditions #19, #22C),
however, the Department of Community Affairs has requested they remain in the
Development Order. These include:
Condition # 15 .oertaining to energy efficiency. This condition requires energy
efficient construction in all office buildings in the DRI. As the office component
is being eliminated this condition is no longer applicable.
Condition # 19 B requires turn lane im.orovements on Linton Blvd, / SW 10th
Avenue. These improvements have been completed. It is noted that in some
cases the pavement has been installed yet the turn lanes are striped out
(restricted) pending the need for the improvement.
Condition # 20 assesses a S.oecial Trans.oortation Im.oact Fee. On March 5,
1996 during review of the SAD Ordinance the City Commission raised concerns
with respect to this condition. The condition requires a contribution of 50 cents
per sq.ft, for all office and industrial buildings to be paid to the City of Delray
Beach for future roadway improvements. The modification from office to
residential uses would result in a potential revenue loss of $161,206 or $47.41
per daily office trip ($161,206 / 3,400 trips). Payment of this fee was
recommended as a condition of approval. As the DRI modification proposal
represents a reduction of 556 trips the proposed impact fee was reduced
accordingly to $134,834.
The Commission was reluctant to impose the special Transportation Impact Fee
as no specific roadway improvements were designated. It is noted that other
conditions of the Development Order required 4 laning of SW 10th Avenue and
intersection improvements (DO condition #22C) and signalization of SW 10th
Avenue and Lindell Boulevard (DO condition #22B).
Subsequent to March 5, 1996 the Planning staff met with the applicant and
discussed the DO conditions and the status of each. The applicant has agreed
to pay the impact fee, notwithstanding the fact that there are no longer office or
industrial buildings, and that those impact fees could be used by the City in the
future for any improvements the City desires (i.e. five laning of SVV 10th Avenue,
traffic signal at Lindell Blvd. and SW 10th Avenue, etc.). This special impact fee
is to be paid prior to the issuance of building permits.
The City Engineer has estimated the five laning of SW 10th Avenue would cost
approximately $84,000, while the signalization of the intersection of Lindell and
SW 10th Avenue would be approximately $40,000. The Transportation Impact
Fee money could be utilized for these improvements if warranted, or other traffic
calming methods (i.e. intersection landscaping, speed bumps etc.) which would
help to de-emphasize Lindell Boulevard as a collector road.
Condition # 22C calls for the four lanin_a of SW 10th Avenue when traffic
volumes dictate the need. Based on the Kimley Horn capacity determination
submitted for SW 10th Avenue the traffic volumes at buildout (Nov. 1997) will not
warrant the 4 laning of SW. 10th Avenue. If actual volumes turn out to be higher
and future widening is appropriate, it would be funded with the Transportation
Impact Fee collected under Condition # 20.
Condition # 22D requires submittal of .plans to de-em.Dhasize Lindell Boulevard
as a collector road. The applicant"s traffic engineer has submitted written
comments with respect to possible solutions. The plans including a scenario to
realign Lindell Boulevard into Waterford Place have been submitted. These
scenarios will be explored with review of the full site plan submittal.
Palm Beach County School Board: The Palm Beach County School Board
has opposed the FLUM amendment as it will generate additional school children
in this part of the County. A proposal to set side 5 acres to accommodate an
Early Learning Center was discussed at first reading. The attorney for the
applicant has met with representatives from the School Board. The Early
Learning Center program at this time has not been fully developed, nor is
funding available to establish the centers. The applicant has agreed to continue
working with the School Board to establish a suitable location if and when the
program is in place. There is a possibility that a center could be established in
the commercial shopping area adjacent to Waterford (see attached letter).
DCA Review: The Department of Community Affairs reviewed the FLUM
amendment request and had no comments.
The Planning and Zoning Board considered this item at its meeting of January
22, 1995. Several members of the public spoke regarding traffic congestion
on Linton Boulevard. After lengthy discussion comparing the advantages and
disadvantages of the request, the consensus of the Board was to support the
proposed changes for the following reasons:
· The amount of office space would not be marketable in the
foreseeable future;
· The hotel use will be an asset to the City;
· The City needs more high end residential units, and the project will
attract a younger, middle to upper income tenant;
· In terms of land use, residential is more appropriate in the area than
an office park; and,
· Traffic will be reduced.
The Board voted 5 to 1 (Bill Schwartz opposing, David Schmidt absent) to
recommend approval of the FLUM amendment. Bill Schwartz opposed the
change as he felt the office use is more critical to the City than the rental
development.
By motion, approve on second and final reading Ordinance 10-96, a Future Land
Use Map Amendment from Commerce to a combination of Transitional (4 acres)
and Medium Density Residential (31.77 acres) and approve Resolution # 37-96
which modifies the associated DRI/DO
Attachments:
Letter from Alan Ciklin (School Board)
Letter from the School Board
LAW OFFICES
BOOSE CAS'EY CIKLIN LUBI3-Z MARTENS MCBANE EX O~CONNELL
A PAI~IERSHIP INCLUDINO P~F~ION~ ~IA~ONS
~OSEPH L. ACKERHAN, ~R. BRIAN B. ~OSLYN, P.A. PHILLIP D. O~CONNELL, SR. {1~7-1~
BRUCE G. ~OER~ P.A. OREOO~ 5. KINO
~E~LD 5. BE[R. P.A. C~RL~ A. LUBe, P.A. OF COUNSEL
WILLIAN R. ~SE, III, P.A. [~IN C. LUNS~RO UULIE ~N
~OHN D. B~KIN P.A. RIC~RD L. ~N~, P.A. JOHN L.
PA~ICK J. ~. P.A. LOUIS R. ~BANE,
PA~ICIA H. CHRIS~ANSEN ~ P. <CA~, P.A. NO~BRI~E ~ER 1 · 1~ FLOR
A~N ~. ClKLIN, P.A. BRIAN N. O~CONNELL, P.A. 515 NO~ ~OLER DRIVE
HIC~EL W. ~ORS PHiL D. O~CONNELL, ~R., P.A. W~ P~H B~H, FLORIDA
~BE~ L. C~NE, P.A. J. KO~ PARKHU~ ~LEP~NE (~
~NALO E. CR~ENZO C~RL~ L. PICK~, ~R. ~LECOPIER (~
U~N 5. NELKORN ~OHN R. YOUNO, P.A. ~ILINO ADDR~
W. ~AY HUN~. JR., P.A. LONNIE B. ~NORILLO P.O. BOX
DEB~ A. UEN~. P.A. W~ P~H B~CH,
Ap~ 30, ]996
VIA FAX: 407/243-7221 & Reeular Mail
Paul Dorling, Principal Planner
City of Delray Beach
100 N.W. 1st Avenue
DeIray Beach, Florida 33444
Re: Waterford/School Issue
Dem' Paul:
I met with August Hernandez and Jan Hansen o£the Planning & Real Estate Division of the Palm Beach
County School Board today. We discussed the concept of the Pre K-K facility; otherwise known as An
Early Learning Center on the Waterford site.
I was informed by August and Jan that neither The School Board nor the Superintendent has been
formally approached with a plan for these Early Learning Centers. Apparently there is such a plan in
existence in Dade County which the Palm Beach County School Board personnel are learning more
about. It was also indicated there is no funding mechanism at the present time to acquire or develop
property for this purpose.
Because of the infancy of the program, the conclusion reached at the meeting with Mr. Hernandez and
Mr. Hansen was that the Waterford developer would continue to discuss with The School Board the
possibility of accommodating An Early Learning Center within the clubhouse in the proposed apartment
complex, based on financial feasibility and demographics. Additionally, the Waterford developer would
look at the possibility of accommodating such An Early Learning Center in the commercial property they
own adjacent to Waterford, but not a part of Waterford. The bottom line is that we agreed to keep the
lines of'communication open to explore mutually beneficial alternatives after this program is more fully
developed. ~r:~"i' i': 5:': i:,; ~ ' ';. ·;:: :", ~"~,:
Paul Doffing
April 30, 1996
Page 2
If you have any questions, please call me.
AJC/ag
026-3156
cc: Thomas T. McMurrain (305/296-0135)
PLANNING & REAL ESTATE
3320 FOREST HILL BOULEVARD, SUITE C-331
(4o7) 434-~020 FAX (4O7) 434~1S7
February 22, 1996
Diane Dominquez
Planning Director
100 N.W. 1st Avenue
Delray Beach, FL 33'?H
Re: Waterford DRI - Delray Beach/Land Use Map Agreement
Dear Ms. Dominquez:
The Palm Beach County School District objects to the land use amendment for the above referenced
Waterford DR[. The original Waterford DR[ was for. the construction of 811,763 square feet of
office park, 250 room hotel and 236 multi-family residential units. The School District had included
the potential public school age students generated from the 1984 approval in our school population
facility needs.
The most recent review of the public schools serving the Greater Delray Beach Area shows the
following capacity and membership counts:
(East) Atlantic High School 1,709 2,230
(East) Plumosa Elementary 476 493
Carver Middle School 1,300 1,272
Banyan Creel( Elementary 779 1,096
(East) S.D. Spady Elementary 587 578
(East) Pine Grove Elementary 568 721
(I) Orchard View Elementary 936 676
Review of existing schools in the area shows that the student membership exceeds the school capacity
at most schools, and on all schools on the east side of 1-95. The School District has not been able
to keep up with the students generated from new growth. The provision of new schools is difficulty
and it is more difficult to locate and acquire school sites located along the coast (areas east of 1-95).
H: \data\wp51 \doc\misc. poi
An Equal Education Opportunity Provider and Affirmative Action Employer
C
Diane Dominquez February 22, 1996
Waterford DRI Page Two
The proposed amendment will have unanticipated public school student impact on the enrollment of
public schools servicing this area.
The School Board has gone on record objecting to Future Land Use Map Amendments that increase
the residential density of areas. A copy of the School Board Resolution is enclosed The
unanticipated student impacts, which might result from the approvals of such amendments, farther
compounds the overcrowding at school centers.
The SehooI District would recommend that the petitioner work with the District as a means of
addressing the potential negative educational impacts.
One idea suggested would include the provision of a small site to accommodate a K-3 elementary
school. Smaller school sites located along the coastal area, with a division of the traditional grade
structures could help alleviate school overcrowding.
Respectfully,
~AAH:bf ~.L_
Attachment
c: Lawrence O. Zabik
Michael J. Murgio/?&RE File
Jan Hansen
David Kovaes
Harry Fix
H:\data\wp5 l\doc\misc.pol
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
ORDINANCE MODIFYING LDR SECTION 6.3.3 CONCERNING NEWSRACKS
DATE: MAY 3, 1996
Ordinance No. 13-96 concerning the regulation of newsracks was initially
presented to the Cc~mission on March 5, 1996, for first reading. It passed
4-0 and was scheduled for public hearing on March 19, 1996, with the issue
to be workshopped on March 12th. At the workshop, enough headway was made
with the newspaper representatives that Commission agreed not to take final
action at the March 19th hearing, but to continue the ordinance to the date
certain of May 7th in hopes of developing an ordinance accept_~ble to all
parties.
The City Attorney's office has continued to work with the newspapers and
has developed an alternate ordinance which is outlined in Mr. Tolces' May
2nd memorandum and is recommended for your consideration. It is numbered
as Ordinance No. 23-96.
From a procedural standpoint, if the Commission wishes to consider the
alternate ordinance, Ordinance No. 13-96 should be voted down on second and
final reading. Then, Ordinance No. 23-96 should be considered on first
reading. If it is passed, a public hearing will be scheduled for May 21,
1996.
While Ordinance No. 23-96 incorporates some reasonable compromises between
the City and the newspapers, I believe it goes too far. One of the main
reasons newspaper racks are so ugly is the multitude of sizes, types and
colors of the various racks. Yet, Ordinance 23-96 has removed all
requirements for some c~mmonality in style and uniform colors.
Furthermore, Ordinance 23-96 codifies in the City Code newsracks on the
west side of Ocean Boulevard south of Linton Boulevard. We have received
more citizen objections to this location than any other in the City, and we
have documented accidents at this location caused by drivers trying to get
to these newsracks. Rather than dignifying this location by writing it
into the City Code, I believe we should continue trying to have all
newsracks removed from this location.
I recommend that the hearing on this ordinance be continued until May 21,
with direction to the staff for further changes.
ref: ~.-3memo 8
19gss6v .4-0
ClTVDELI fl¥
DELRAY BEACH
AIhAme~a Ci~
,~ DATE: May 2, 1996
1993
· 0: Ci~ Comssion
FROM: David N. Tolces, Assistant Ci~ A~omey
S~JECT: Ordi~ce M~i~ing ~nd Development Re~latio~ Section 6,3.3.
The Proposed ordinance which is attached to this memorandum revises Section 6.3.3. of
the City's Land Development Regulations. The ordinance primarily addresses the issue
of newsrack aesthetics. The ordinance in its current form would require all publishers or
distributors to submit a "Certificate of Compliance" with respect to each newsrack
placed within the City limits no later than two weeks after placement of the newsrack.
Following the City Commission workshop meeting of March 12, 1996, City staff met
with the newspaper distributors and publishers. At that meeting, it was agreed that the
City would construct/install concrete pads at several locations within a "Downtown
Area" at which the modular newsracks could be installed. The "Downtown Area" is
defined in the ordinance, and covers an area stretching from N.W./S.W. 4th Avenue o
the west to A-1-A on the east, N.W. illldStreet on the north and S.W./S.E..2/~Street on
the south.
The publishers and distributors have agreed to sign the attached Memorandum of
Understanding, which will prohibit newsracks at the following locations:
1. The intersection of Homewood Boulevard and S.W. 10th Street.
2. The intersection of Barwick Road and Lake Ida Road.
3. South Federal Highway in front of the Denny's Restaurant.
4. N.E. 2nd Avenue (Pineapple Grove Way) south of Lake Ida Road, east of
the United States Post Office.
The publishers have agreed to work to keep these areas free of newsracks.
City Commission
May 2, 1996
Page 2
Section 6.3.3.(E)(7) requires that all newsracks be maintained in a neat and clean
condition. This requires the publisher or distributor to maintain a newsrack that is free of
graffiti, din, mst, chips and paint, and corrosion. Failure to maintain the newsrack in
good condition could result in an enforcement action.
Under the proposed ordinance, the distributor or publisher will also have to provide the
City with proof of insurance. In order to protect the public from newsracks which easily
tip over in the wind, all newsracks will have to weigh a minimum of 125 pounds at all
time.
The distributor will also be required, in the event of a hurricane warning, to secure the
newsrack from the right-of-way. This will protect the public from flying debris in the
event of a hurricane.
The above described changes will assist the City in correcting the aesthetic and safety
problems associated with newsracks.
Please call if you have any questions.
DNT:smk
cc: David Harden, City Manger
Alison MacGregor Harty, City Clerk
Lula Butler, Director of Community Improvements
Diane Dominguez, Planning Director
Richard Bauer, Code Enforcement Administrator
naws-2.dnt
ORDINANCE NO. 23-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ARTICLE 6.3, "USE
AND WORK IN THE PUBLIC RIGHT-OF-WAY", SECTION 6.3.3,
"MOVABLE FIXTURES WITHIN THE RIGHT-OF-WAY", OF THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH, TO PROVIDE FOR REGULATIONS ON THE
PLACEMENT, APPEARANCE, AND MAINTENANCE OF
NEWSRACKS; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVINGS CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, substantial growth in the number of newspaper operators and Newsracks in the City
has produced a significant increase in the number of Newsracks installed in public rights-of-way; and
WHEREAS, the uncontrolled placement of Newsracks in public rights-of-way presents an
inconvenience and danger to the safety and welfare of persons using such rights-of-way, including
pedestrians, persons entering and leaving vehicles and buildings, and persons performing essential
utility, traffic control and emergency services; and
WHEREAS, the installation and placement of Newsracks in public rights-of-way has resulted in
concerns by the public and City officials with regard to the safety, convenience and aesthetics thereof;
and
WHEREAS, the City Commission finds that there is a need to regulate and establish procedures
regarding installation, placement maintenance and insuring of Newsracks within the City; and
WHEREAS, the City Commission finds that such regulations and procedures governing
Newsracks will serve to promote the health, safety, aesthetics and welfare of the citizens of Delray
Beach;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA:
S~ion 1. That Chapter 6, "Infrastructure and Public Property", Article 6.3, "Use and Work in
the Public Right-of-Way", Section 6.3.3, "Movable Fixtures Within the Right-of-Way", of the City of
Delray Beach Land Development Regulations is hereby amended to read as follows:
Section 6.3.3 Movable Fixtures Within the Right-of-Way:
(A) Purpose and Scope:
The purpose of the following is to promote the public health, safe_fy and welfare through the
regulation of placement, type. appearance, servicing, and insuring of newsracks on public rights-of-way
so as to:
Provide for pedestrian and driving safety_ and convenience.
(2) Restrict unreasonable interference with the flow of pedestrian or vehicular traffic
including ingress into or egress from any residence or place of business, or from the street to
the sidewalk by persons exiting or entering parked or standing vehicles.
(3) Provide for public and property, safety_ during hurricane conditions.
(4) Provide reasonable access for the use and maintenance of poles, posts, traffic signs
or signals, hydrants, mailboxes and access to locations used for public transportation purposes.
1~5) Relocate and/or replace newsracks which result in a visual blight and/or excessive
space allocation on the public rights-of-way or which unreasonably detract from the aesthetics
of store window displays, adjacent landscaping and other improvements, as well as to have
abandoned newsracks removed.
(6) Maintain and protect the values of surrounding properties and prevent damage to
grass right-of-way areas.
(7) lleduce unnecessary_ exposure of the public to personal injury, or property damage.
(8) Treat all newspapers equally regardless of their size. content, circulation, or
frequency of publication.
(9) Maintain and preserve freedom of the press.
(10) Cooperate to the maximum with newspaper distributors.
Gl) Definitions: For the purpose of this subsection the following definitions shall apply unless
the context clearly indicates or requires a different meaning.
"Advertising Circular." Any publication that contains only advertising and no news
reports.
2 ORD NO. 23-96
"Auxiliary Lane." A turn lane or on-street parking area.
"Bike Path." That portion of a right-of-way improved, designed, or ordinarily used for
bicycle traffic.
"Controlling Entity." The person or entity responsible for placing and maintaining a
movable fixture, the owner of the movable fixture, or the publisher of the newspaper vended within a
newsrack.
"Downtown Area." The rectan_t, ular area bounded generally by the western right-of-way
of S.W./N.W. 4th Avenue on the west. the northern right-of way of N.W./N.E. 2nd Street on the north,
and the Intracoastal Waterway on the east. In addition, on the east side of the Intracoastal Waterway,
Lowry. Street on the north. Miramar Street on the south, and the western right-of-way of Ocean
Boulevard on the east. Also including N.E. 2nd Avenue from Atlantic Avenue north the N.E. 4th
Street.
"Intersecting Sidestreet." Any roadway or driveway on which traffic is required to stop
prior to entering the intersection.
"Movable Fixture." Any newsrack, bench, or other non-attached fixture.
"Newsrack." Any self-service or coin-operated box, container, storage unit, or other
dispenser installed, used, or maintained for the display, sale, or distribution of newspaper or other news
periodicals or advertising circulars.
"Paved Surfaces." Any hard maintained surface used or built for the purpose of
transporting vehicles, bicycles or pedestrians. Surfaces shall include, but not be limited to, asphalt,
concrete, paver block, tree grates and/or rocks.
"Public Agency." The City of Delray Beach, Palm Beach county, the State of Florida, its
subdivisions, departments or authorized agents.
"Right-of-Way." All that area dedicated to public use or otherwise owned by a public
agency for public street purposes and shall include, but not be limited to, roadways, swales, bike paths,
and sidewalks.
"Roadway." That portion of a right-of-way improved, designed, or ordinarily used for
vehicular traffic.
"Sidewalk." Any surface within a right-of-way provided for the exclusive or primary use
of pedestrians.
3 ORD NO. 23-96
(C) Certificate of Compliance Required:
No person shall place, affix, erect, construct or maintain a newsrack without providing
certificate of compliance for each newsrack in accordance with the provisions of this section.
(1) Reviewing and Enforcement authority_: The authority, responsible for reviewing
the certificates of compliance and enforcing the terms of this ~ection shall be the Code
Enforcement Administrator or his/her desienee. The Code Enforcement administrator or his/her
designee is responsible for fairly coordinating and administrating the physical placement of the
(2) Certifications: The applicant shall file with the Code Enforcement Administrator
written certificate of compliance which shall contain the following information:
(a) The name. address and telephone number of the applicant, who is the owner
and/or principal responsible for the newsrack(s).
(b) The name. address and telephone number of a responsible person whom the
City, may notify_ or contact at any time concerning the applicant's newsrack(s).
(c) The proposed location of the newsrack(s).
(d) Names of newspapers or periodicals to be contained in each newsrack.
(e) A certification that the newsrack is installed in conformance with the
provisions of this ordinance in their entirety.
(3) Verification of Certificate of Compliance: The Code Enforcement Administrator
may verify, that the newsrack is in compliance with the provisions of this section.
(4) Denial of Certificate of Compliance: If a certificate of compliance for newsrack
location is incorrect, or the newsrack is not located, maintained, or installed in conformity with
the certification or this section, the certificate of compliance shall be deemed denied, and an order
to correct the violation shall be issued pursuant to Section 6.3.30I).
(D) General Placement of Newsracks:
The pubIisher or distributor of any newspaper or written periodical distributed from any
newsrack location within a city. right-of-way shall notify, the Code Enforcement Administrator or
his/her designee, in writing, of the location or change of location of any such newsrack by filing
4 ORD NO. 23-96
the certificate of compliance no later than 14 days after the placement or relocation of the
(C F.,) Standards for Newsrack Maintenance and Installation:
Any newsrack which in whole or in part rests upon in or over any public property or right-of-way
shall comply with the following standards:
(1) A newsrack shall not exceed 4 feet, 6 inches in height, 40 inches wide, or 24 inches
in depth. In the Downtown Area. modular newsracks may exceed the size limitations,
(2) Newsracks shall carry, no advertising except for the name of the publication being
distributed, and a cardholder kept in a neat and untorn condition describing the publication being
(3) Coin operated newsracks shall be equipped with a coin return mechanism to permit a
person wishing to purchase a newspaper or periodical to secure an immediate refund in the event
the newsrack is inoperable. At all times, the coin return mechanism shall be maintained in good
working order.
(4) The controlling entity shall permanently affix to its newsracks a label which states a 24
hour operable telephone number of a working telephone service which the customer may call to
report a malfunction, or to secure a refund in the event of a malfunction of the coin return
mechanism. The label shall feature clearly on its face, the name and address of the distributor to
give the notices provided for in this chapter.
(5) Modular Newsracks.
a. Within the Downtown Area individual newsracks are not permitted.
Modular newsracks may only be placed on concrete pads which will be constructed by the
City in the following locations:
1. East Atlantic Avenue east of the FEC Railroad Tracks ad_iacent to
the Sun Trust Parking lot.
2. On the east side of the building located at the southwest corner of
southbound Federal Highway and Atlantic Avenue.
The Municipal Tennis Center. in close proximity_ to the clubhouse
5 ORD NO. 23-96
4. In front of City. Hall on N.W. 1st Avenue
5. At the Gleason Bath House at Atlantic Avenue and South Ocean
6. At Boston's Restaurant on A-1-A
b. A modular newsrack may be placed on the west side of South Ocean
Boulevard south of Linton Boulevard.
c. The modular newsracks shall be installed and maintained by the distributors
in conformity with existing City ordinances. The color of the mo~lular newsraclc shall
have gloss black bases, and forest green sides and doors. A color sample is available in
the Community. Improvement Department. Any modular newsrack found to be in
violation of the City_ ordinances is subject to the enforcement provisions contained in
Section 6.3.3(I).
(Pti) The controlling entity shall maintain each movable fixture in a neat and clean
condition, and in good repair at all times. Each newsrack shall be maintained so that:
(a) It is reasonably free of graffiti:
(b) It is reasonably free of dirt and grease:
(C~ It is reasonably free of chipped, faded, peeling and cracked paint in the visible
painted areas thereof:
(dj It is reasonably free of rust and corrosion in the visible metal areas thereon:
(e) The clear plastic or glass parts thereon, if any. through which the publications
are viewed are unbroken and reasonably free of cracks, dents, blemishes, and
discoloration.
(lB The paper or cardboard parts or inserts thereof are reasonably free of tears, are
not ~eling. or tearing: and
(g) The structural parts are not broken or unduly misshapen.
(g~ The use of a bench for advertising purposes is strictly prohibited.
6 ORD NO. 23-96
~ Any newsrack being installed, placed, or maintained on a public right-of-way, street
or sidewalk shall be installed in a safe and secure manner so as to prevent the newsrack from
being stolen or becoming a hazard in severe weather. At any time. the total weight of the,
newsrack and any weighting device shall not be less than one hundred twenty-five (125) pounds.
(9) In the event of the issuance of a hurricane warning by any entity, with jurisdiction to
issue such a warning, the newsrack shall be secured to the ground or placed in such a manner so
that the newsrack is parallel to the ground..
Prohibited Locations:
(1) Landscaped Areas: Movable fixtures shall not be placed or installed or erected
on any landscaped area within an improved public right-of-way. The landscaped areas include,
but are not limited to, those areas in which the following ground cover materials placed:
(a) Decorative plants, or
(b) Native plants maintained to match the surrounding flora.
(2) Public Utilities: Movable fixtures shall not be placed, installed, or erected to
obstruct the use of any public utility pole or structure. These areas are designated as follows:
(a) Drainage structures: Movable fixtures shall not be physically attached,
chained, or bolted to any drainage structure, inlet pipe, or other physical object meant to
carry water for drainage purposes;
(b) Utility Poles: Movable fixtures shall not be physically attached, chained, or
bolted to a utility pole;
(c) Fire Hydrants: Movable fixtures shall not be located within 15 feet of a fire.
hydrant
(3) Traffic Control Devices: Movable fixtures shall not be physically attached,
chained, bored, or erected to obstruct the function of traffic signals, traffic signs or pavement
markings. These areas shall be designated as follows:
(a) Traffic signals.
(1) Movable fixtures shall not be physically attached, bolted, or
chained to a traffic signal pole.
7 ORD NO. 23-96
(2) Movable fixtures shall not be placed in such a manner which
obstructs the free pedestrian flow to and from a pedestrian traffic signal
push button. In order to allow for the free pedestrian flow, and handicap
access, to and from pedestrian traffic signal push buttons, movable fixtures
shall be placed at least 36 inches away from such pedestrian traffic signal
push buttons.
(b) Traffic signs. Movable fixtures shall not be physically attached, bolted, or
chained to a traffic sign or post used for the support of a traffic sign or signs.
(4) Paved Surfaces: No moveable fixture shall be placed, installed, or erected
directly on a paved surface which is intended primarily for the use of motor vehicles.
(5) Sidewalk: Movable fixtures placed or maintained on a sidewalk shall leave a clear
area for traffic of not less than 40 inches.
(6) Bike Path: Movable fixtures which are placed or maintained on a bike path shall
leave a clear area for traffic of not less than 8 feet.
(7) Clear Zones: Movable fixtures shall not be installed, placed or erected within
clear zones as defined in this section. Clear zones are defined as follows:
(a) The area measured within four feet of the face of a six inch high vertically
faced curb. Where the four foot minimum is impractical, the minimum may be
reduce to 2 1/2 feet.
(b) In all other locations, the movable fixture shall be located no less than ten
(10) feet away from the edge of the pavement. If there is not ten (10) feet
available, the movable fixture shall be located as far away from the edge of the
pavement as possible
(8) Sight Areas: Movable fixtures shall not be placed, attached, installed or erected
within the sight areas defined in this section. For purposes of this section, sight areas extend
vertically from a point commencing 3 feet above the payment elevation, and encompass the
triangular area of property located at a comer formed by the intersection of two or more public
right-of-way, with two sides of the triangular area extending forty feet from their point of
intersection along the edge of roadway, and the third side being a line connecting the ends of the
other two lines. (See Figure 1). All obstructions to the required sight distance shall be removed
within the area shown in Figure 1.
8 ORD NO. 23-96
Figure 1
Typical Intersection
(not to scale)
(9) Other Areas: Movable fixtures shall not be placed, installed, or erected in any of
the areas deemed in this section.
(a) The area within 50 feet of any railroad track.
(b) On any city property unless the location has been specifically designated by
the City Manager or any authorized representative.
(1) The City Manager or the duly authorized City representative shall
designate locations at City facilities for the placement of movable fixtures.
(2) The City shall prepare a map for each City facility illustrating the
designated locations for the placement of movable fixtures. The location
maps shall be available for inspection at the office of the City Clerk.
(3) Movable fixtures which are placed at City Facilities are subject to the
same abandonment and enforcement provisions included in Sections
6.3.3(~ ]:D and (4~ 13 Improperly placed movable fixtures shall be
considered abandoned movable fbctures.
(c) The area within the medians of a divided roadway.
9 ORD NO. 23-96
(d) Newsrack locations may be a_m'eed unon bv mutual consent of the Ciw.
publishers and disixlbutors. - - -
(10) lrmture Placement: Movable fixtures shall not be pheed on any roadway, bike
path or swale area in front of. to the rear of. or to the side of a single family residence
within the City.. -
Innuranee:
Every_ publisher or distributor who places or maintains a newsraek on a public right-of
~vay shall provide to the Code Enforcement Adminintrator a cu~',=nt certificate of insu-ranee.
naming the Ci_ty as an additional insured on October 1st of each year. Such insmrance shall
coniprehensive general liability or commercial general liabili.ty ~overage on a form no mot,,
res~ctive than the latest edition of the Comprehensive General Liabili _ty Policy or Coir~ereiat
General Liability_ filed by the Insurance Services Office. Min~m~tm limitn of total coverage shal
be $300.000.00 per occurrence combined single limit for Bodily Injury. Liabili _ty and Propert~
Damage Liabili _ry. Reasonable evidence of equivalent self-insurance coverage may be ~ubstitute,~
by the applicant for the above certificate of insurance, sub_ieet to the ap_t, roval of the City's Risk
Manager. Insurance under this section shall run continuously with the presence of the ap~lieant':i
newsrack(s3 in the Ci _ty's right-of-way, and any termination or lanse of such insurance shall be
violation of this Section. subiect to the appropriate remedy by ~he Code Enforcement Division,
under Chapter 37 of the Ci_ty's Code of Ordinances and the Enforcement ~rovisions of this
Chama -
gl: H/ Abandonment:
(1) In the event a newsrack remains empty for a period of 30 continuous days, it shall be
deemed abandoned, and may be treated in the same manner as provided in 6.3.3. (-G Ilbelow for.
movable fixna'es in violation of the provisions of this subchapter.
(2) If the controlling entity is not identified on the moveable fixture, it will be considered
abandoned and posted as such.
~4~ B Enforcement-
(1) Correction of Violation: Upon determl.ation by a Code Enforcement Officer that a
movable fixaa-c has been installed, used, or maintained in violation of Section 6.3.3, and order to
correct the violation shall be issued to the controlling entity.
10 ORD NO. 23-96
(2) The order to correct the violation shall specifically describe the violation and may
suggest actions necessary to correct the condition or violation. Such order shall be mailed by
certified marl return receipt requested to the controlling entity.
(3) Failure to properly correct the violation within 15 days of the receipt of the order,
shall result in the offending movable fixture being removed by the City. Any movable fixture
removed by the city thereunder shall be stored at the controlling entity's expense for a period of
30 days. The movable fixture shall be released upon a proper showing of ownership and payment
of any and all storage charges. In the event the movable fixture is not claimed within the 30 day
period, the movable fixture may be sold at public auction and the proceeds applied first to
removal, admlnlntrative and storage charges, and the remainder, if any, then paid into the
General Fund of the City.
(4) If the movable fixture is posted as abandoned and not removed within 7 days from
the date of posting, or the City is not contacted by the controlling entity within 7 days from
receipt of the order, the City may remove the movable fixture immediately. The City shall store
the movable fixture for 30 days and if not claimed within that time, the entity may dispose of the
movable fixtm'e in any manner it deems appropriate. If the movable fixture is claimed, the entity
ciaiming the movable fixture shall pay for all removal, administrative and storage charges prior to
release of the f~xture. If the charges are not paid within 15 days of claim being made, the City
may dispose of the movable f~xture.
(5) At least ten days prior to the public auction, the City Clerk shall publish a
description of the movable f~ure, the location from where it was removed, and notice of the
auction in a newspaper of general circulation ia the city and shall provide the controlling entity
identified on the movable fixture, or if otherwise known, with written notification of the auction
by certified mail, return receipt requested. Provided, however, that the City Manager, or his
designee, may dispose of the movable fixture ia any manner it sees fit, including negotiating the-
release of the movable fixture to the controlling entity for less than full payment of all storage
charges if the City Manager or his designee is of the opinion that such disposal will be more
advantageous to the City than auctionin~ off the movable fixture.
(6) In the event the controlling entity appeals the order to correct the offending
condition, as provided for in Subsection 6.3.3 (G_I), below, then removal of the movable fixture
shall be stayed pending final disposition of the appeal, which final disposition shall include any
judicial review. The city shall reimburse the controlling entity any storage charges paid pursuant
to an order issued by the city in the event the decision on the appeal is rendered favorable to the
eSntrolling entity.
11 ORD NO. 23-96
~1~ .r} Alllleali: Any person or controlling entity aggrieved by any order, finding, or deter-
mination, taken under the provisions of this ordinance, (hereinafter an appellant) may file an appeal with
the Code Faforcement Board for the City of Delray Beach. The appellant must effect their appeal within
15 days after receipt of the order mailed to the appellant pursuant to this ordinance. In order to effect
the appeal, the appellant must deliver their letter of appeal, briefly stating the basis of their appeal, to th~
Clerk of the Code Enforcement Board. The Code Enforcement Board shsl! hold a hearing on the appeal
no later than 30 days following the receipt of the letter of appeal, unless the parties mutually agree to an
extension thereof. The appellant shall be given at least 7 days written notice of the time and place of the
hearing. The Board shall give the appellant and any other interested party a reasonable opportunity to be
heard in order to show cause why the fixture is not violating this ordinance. At the conclusion of the
hearing the Board shall make a final and conclusive determination. The determination shall be reduced
to writing and signed by the Board and filed in the Office of the City Clerk within 15 days of the
hearing and a copy shall be sent to the appellant. The decision of the Board shall be effective when
rendered. The decision of the Board may be appealed as provided for by law.
~on 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 that the part
declared to be invalid.
S~on 3. That all ordinances or parts of ordinances which conflict herewith be and the same is
hereby repealed.
Section 4, That this ordln2nce shall become effective one hundred eighty (180) days after its
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
~ day of ,1995.
ATTEST:
lVlAYOR
City Clerk
First Reading.
Second Reading.
12 ORD NO. 23-96
MEMORANDUM OF UNDERSTANDING
On this ~ day of , 1996, the below named parties enter into
this Memorandum of Understanding with the CITY OF DELRAY BEACH, a Florida
municipal corporation.
1. In return for the payment of good and sufficient consideration, receipt of
which is hereby acknowledged, the City of Delray Beach, newspaper publishers and
distributors whose signatures appear below do hereby mutually agree not to place newsrack at
the following locations within the City of Delray Beach:
1. The intersection of Homewood Boulevard and S.W. 10th Street.
2. The intersection of Barwick Road and Lake Ida Road.
3. South Federal Highway in front of the Denny's Restaurant.
4. N.E. 2nd Avenue (Pineapple Grove Way) south of Lake Ida Road, east of the
United States Post Office.
CITY OF DELRAY BEACH, FLORIDA
By: By:
Print Name: Print Name:
on behalf of:
By: ATTEST:
Print Name: City Clerk
on behalf of:
Approved as to Form:
By:
Print Name:
on behalf of: David N. Tolces, Assistant City Attorney
By: By:
Print Name: Print Name:
on behalf of: on behalf of:
By: By:
Print Name: Print Name:
on behalf of: on behalf of:
By: By:
Print Name: Print Name:
on behalf of: on behalf of:
ORDINANCE NO. 13-96
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
ARTICLE 6.3, "USE AND WORK IN THE PUBLIC
RIGHT-OF-WAY", SECTION 6.3.3, "MOVABLE
FIXTURES WITHIN THE RIGHT-OF-WAY", OF THE
LAND DEVELOPMENT REGULATIONS OF THE CITY
OF DELRAY BEACH, TO PROVIDE FOR REGULATIONS
ON THE PLACEMENT, APPEARANCE, AND
MAINTENANCE OF NEWSRACKS; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVINGS CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, substantial growth in the number of newspaper operators and Newsracks
in the City has produced a significant increase in the number of Newsracks installed in public
rights-of-way; and
WHEREAS, the uncontrolled placement of Newsracks in public rights-of-way presents
an inconvenience and danger to the safety and welfare of persons using such rights-of-way,
including pedestrians, persons entering and leaving vehicles and buildings, and persons
performing essential utility, traffic control and emergency services; and
WHEREAS, the installation and placement of Newsracks in public rights-of-way has
resulted in concerns by the public and City officials with regard to the safety, convenience and
aesthetics thereof; and
WHEREAS, the City Commission finds that there is a need to regulate and establish
procedures regarding installation, placement maintenance and insuring of Newsracks within
the City; and
WHEREAS, the City Commission finds that such regulations and procedures
governing Newsracks will serve to promote the health, safety, aesthetics and welfare of the
citizens of Delray Beach;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA:
Section 1. That Chapter 6, "Infrastructure and Public Property", Article 6.3, "Use
and Work in the Public Right-of-Way", Section 6.3.3, "Movable Fixtures Within the Right-of-
Way", of the City of Delray Beach Land Development Regulations is hereby amended to read
as follows:
Section 6.3.3 Movable Fixtures Within the Right-of-Way:
(A) Purpose and Scope:
The purpose of the following is to promote the public health, safety_ and welfare
through the regulation of placement, type. appearance, servicing, and insuring of newsracks
on public rights-of-way so as to:
(1) Provide for pedestrian and driving safety_ and convenience,
Restrict unreasonable interference with the flow of pedestrian or
vehicular traffic including ingress into or egress from any residence or place of
business, or from the street to the sidewalk: by persons exiting or entering parked or
standing vehicles.
Provide for public and property_ safety_ during hurricane conditions,
(4) Provide reasonable access for the use and maintenance of poles, posts,
traffic signs or signals, hydrants, mailboxes and access to locations used for public
transportation purposes.
(5) Relocate and/or replace newsracks which result in a visual blight and/or
excessive space allocation on the public rights-of-way or which unreasonably detract
from the aesthetics of store window displays, adjacent landscaping and other
improvements, as well as to have abandoned newsracks removed.
(6) Maintain and protect the values of surrounding properties and prevent
damage to grass right-of-way areas.
(7) Reduce unnecessary, exposure of the public to personal injury_ or
property, damage.
(8) Treat all newspapers equally regardless of their size. content, circulation.
or frequency of publication.
(9) Maintain and preserve freedom of the press,
(10) Cooperate to the maximum with newspaper distributors.
(B) Definitions: For the purpose of this subsection the following definitions shall
apply unless the context clearly indicates or requires a different meaning.
"Advertising Circular." Any publication that contains only advertising and no
news reports. :
"Auxiliary Lane." A turn lane or on-street parking area.
2 No. 13-96
"Bike Path." That portion of a right-of-way improved, designed, or ordinarily
used for bicycle traffic.
"Controlling Entity." The person or entity responsible for placing and
maintaining a movable f~ture, the owner of the movable fixture, or the publisher of the
newspaper vended within a newsrack.
"Equivalent newsrack." Any newsrack which is of the same size. dimensions
and style of the specified newsrack.
"Intersecting Sidestreet." Any roadway or driveway on which traffic is
required to stop prior to entering the intersection.
"Movable Fixture." Any newsrack, bench, or other non-attached fxxture.
"Newsrack." Any self-service or coin-operated box, container, storage unit, or
other dispenser installed, used, or maintained for the display, sale, or distribution of
newspaper or other news periodicals or advertising circulars.
"Paved Surfaces." Any hard maintained surface used or built for the purpose
of transporting vehicles, bicycles or pedestrians. Surfaces shall include, but not be limited to,
asphalt, concrete, paver block, tree grates and/or rocks.
"Public Agency." The City of Delray Beach, Palm Beach county, the State of
Florida, its subdivisions, departments or authorized agents.
"Right-of-Way." All that area dedicated to public use or otherwise owned by a
public agency for public street purposes and shall include, but not be limited to, roadways,
swales, bike paths, and sidewalks.
"Roadway." That portion of a right-of-way improved, designed, or ordinarily
used for vehicular traffic.
"Sidewalk." Any surface within a right-of-way provided for the exclusive or
primary use of pedestrians.
(C) Certificate of Compliance Required:
No person shall place, affix, erect, construct or maintain a newsrack without first
providing a certificate of compliance for each newsrack in accordance with the provisions of
this section.
(1) Reviewing and Enforcement authority: The authori.ty responsible for
reviewing the certificates of compliance and enforcing the terms of this section shall be
the Code Enforcement Administrator or his/her designee. The Code Enforcement
No. 13-96
3
administrator or his/her designee is responsible for fairly coordinatine and
administrating the physical placement of the newsracks,
(2) Certifications: The applicant shall file with the Code Enforcement
Administrator a written certificate of compliance which shall contain the following
information:
(a) The name. address and telephone number of the applicant, who is
the owner and/or principal responsible for the newsrack(s).
_Co) The name. address and telephone number of a responsible person
whom the Ci_ty may notify_ or contact at any time concerning the applicant's
newsrack(s).
(c~ The number of newsracks and the proposed location of each.
(d/ Names of newspapers or periodicals to be contained in each
newsrack.
(el Type or brand of newsracks, including an illustration and
description of the newsrack and mount if other than a box .type. or a newsrack
manufactured with modifications to the door. window and cabinetry, of the
above-described newsracks to accommodate vertically-formatted ("Tabloid-
type"/newspaper display and distribution, as per section 6.3.3 (El.
(t3 A certification that the newsrack is installed in conformance with
the provisions of this ordinance in their entirety.
(3) Verification of Certificate of Compliance: The Code Enforcement
Administrator may verify, that the newsrack is in compliance with the provisions of this
section.
4) Denial of Certificate of Compliance: If a certificate of compliance for
newsrack location is incorrect, or the newsrack is not located, maintained, or installed
in conformity, with the certification or this section, the certificate of compliance shall be
deemed denied, and an order to correct the violationshall be issued pursuant to Section
6.3.3(4 I).
No. 13-96
4
General Placement of Newsracks;
The publisher or distributor of any newspaper or written periodical distributed from
any newsrack location within a ci.ty right-of-way shall notify, the Code Enforcement
Administrator or his/her designee, in writing, of the location or change of location Of
any such newsrack by filing the certificate of comoliance no later than 14 days after the,
placement or relocation of the newsrack,
(C E) Standards for Newsrack Maintenance and In~allation:
Any newsrack which in whole or in part rests upon in or over any public property or
right-of-way shall comply with the following standards:
(1) A newsrack shall not exceed 4 feet, 6 inches in height, 40 inches wide, or 24
inches in depth.
(2) Newsracks shall be wide base. non-pedestal. K-IACK KJ-960. KJ-860.
SHO-RACK TK-80. or TK-500 newsrack or equivalent. If demand warrants, the
newsrack may be a KJ-950D or equivalent. Manufactured modifications to the door.
window, and cabinetry, for the above described newsracks to accommodate vertically-
formatted. "tabloid ty_pe" newspaper display and distribution are acceptable. Under
"warranted demand.' a Newspaper Publishing Company may show that it is necessary.
to include, with ordinary demand, a reasonable percentage factor to accommodate peak
yearly distribution in the quantity, of newspapers dispensed. If the demand is
warranted, the City. shall not unreasonably withhold approval of such proposal by the
Newspaper Publishing company in accordance with Section 6.3.3(A].
(3) Newsracks shall have gloss black bases, forest green sides and door. and
forest green coin box. coated per standard specifications.
(4) Newsracks shall carry no card holders or advertising except the name of the
newspaper being dispensed centered fifteen inches (15') from the top of the cabinet.
with duplicate lettering on the front, sides and back of the cabinet, such lettering not
exceeding two and one-half inches (2 1/2'~ in height. The above fifteen inch (15")
dimension may be adjusted on the door by the manufacturer to accommodate
modifications for vertically-formatted. "tabloid-type" newsracks.
(5) Coin operated newsracks shall be equipped with a coin remm mechanism to
permit a person wishing to purchase a newspaper or periodical to secure an immediate
refund in the event the newsrack is inoperable. At all times, the coin remm mechanism
shall be maintained in good working order.
~ The controlling entity shall permanently affix to its newsracks a label which
states a 24 hour operable telephone number of a working telephone service which the
5 No. 13-96
customer may call to report a malfunction, or to secure a refund in the event of a
malfunction of the coin return mechanism. The label shall feature clearly on its face, the
name and address of the distributor to give the notices provided for in this chapter.
(~7) The controlling entity shall maintain each movable fixture in a neat and
clean condition, and in good repair at all times. Each newsraek shall be maintained so
that:
(a) It is reasonably free of graffiti:
~) It is reasonably free of dirt and grease:
(c) It is reasonably free of chipped, faded, peeling and cracked paint in
the visible painted areas thereof:
(d~ It is reasonably free of mst and corrosion in the visible metal areas
thereon:
(el The clear plastic or glass parts thereon, if any. through which the
publications are viewed are unbroken and reasonably free of cracks, dents,
blemishes, and discolorations.
(f) The paper or cardboard parts or inserts thereof are reasonably free
of tears, are not peeling, or tearing: and
(g) The structural paris are not broken or unduly Ilaisshapen,
(S;~ The use ora bench for advertising purposes is strictly prohibited.
~-3 Any newsrack being installed, placed, or maintained on a public right-of-woy,
~reet or sidewalk shall be installed in a safe and secure manner so as to prevent the
newsrack from being stolen or becoming a hazard in severe weather. At any time. the
total weight of the newsrack and any weighting device shall not be less than one hundred
twin _ty-five (125) pounds.
(I0) In the event of the issuance of a hurricane warning by any entity_ with
jurisdiction to issue such a warning, the newsrack shall be removed.
gg F) Prohibited Locations:
(1) Landscaped Areas: Movable fixtures shall not be placed or installed or
erected on any landscaped area within an improved public right-of-way. The landscaped
areas include, but are not limited to, those areas in which the following ground cover
materials placed:
No. 13-96
6
(a) Decorative plants, or
(b) Native plants maintained to match the surrounding flora, or
(2) Public Utilities: Movable fixtures shall not be placed, installed, or
erected to obstruct the use of any public utility pole or structure. These areas are
designated as follows:
(a) Drainage structures: Movable fixtures shall not be physically
attached, chained, or bolted to any drainage structure, inlet pipe, or other physical
object meant to carry water for drainage purposes;
(b) Utility Poles: Movable fixtures shall not be physically attached,
chained, or bolted to a utility pole;
(c) Fire Hydrants: Movable fixtures shall not be located within 15 feet of
a fire hydrant
(3) Traffic Control Devices: Movable fixtures shall not be physically
attached, chained, bolted, or erected to obstruct the function of traffic signals, traffic signs
or pavement markings. These areas shall be designated as follows:
(a) Traffic signals.
(1) Movable fixtures shall not be physically attached,
bolted, or chained to a traffic signal pole.
(2) Movable fixtures shall not be placed in such a
manner which obstructs the free pedestrian flow to and from a
pedestrian traffic signal push button. In order to allow for the free
pedestrian flow, and handicap access, to and from pedestrian traffic
signal push buttons, movable fixtures shall be placed at least 36
inches away from such pedestrian traffic signal push buttons.
(b) Traffic signs. Movable fixtures shall not be physically attached,
bolted, or chained to a traffic sign or post used for the support of a traffic
sign or signs.
(4) Paved Surfaces: No moveable fixture shall be placed, installed, or
erected directly on a paved surface which is intended primarily for the use of motor
vehicles.
(5) Sidewalk: Movable fixtures placed or maintained on a sidewalk shall
leave a clear area for traffic of not less than 40 inches.
7 No. 13-96
(6) Bike Path: Movable fixtures which are placed or maintained on a bike
path shall leave a clear area for traffic of not less than 8 feet.
(7) Clear Zones: Movable fixtures shall not be installed, placed or erected
within clear zones as defined in this section. Clear zones are defined as follows:
(a) The area measured within four feet of the face of a six inch
high vertically faced curb. Where the four foot minimum is impractical,
the minimum may be reduce to 2 1/2 feet.
(b) In all other locations, the movable fixture shall be located
no less than ten (10) feet away from the edge of the pavement. If there is
not ten (10) feet available, the movable fixture shall be located as far away
from the edge of the pavement as possible
(8) Sight Areas: Movable fixtures shall not be placed, attached, installed or erected
within the sight areas defined in this section. For purposes of this section, sight areas
emend vertically from a point commencing 3 feet above the payment elevation, and
encompass the triangular area of property located at a comer formed by the intersection
of two or more public fight-of-way, with two sides of the triangular area extending forty
feet from their point of intersection along the edge of roadway, and the third side being a
line connecting the ends of the other two lines. (See Figure 1). All obstructions to the
required sight distance shall be removed within the area shown in Figure 1.
Figure 1
Typical Intersection
(not to scale)
(9) Other Areas: Movable fixture shall not be placed, installed, or erected in
any of the areas defined in this section.
No. 13-96
8
(a) The area within 50 feet of any railroad track.
(b) On any city property unless the location has been specifically
designated by the City Manager or any authorized representative.
(1) The City Manager or the duly authorized City representative
shall designate locations at City facilities for the placement of
movable fixtures.
(2) The City shall prepare a map for each City facility illustrating
the designated locations for the placement of movable fixtures.
The location maps shall be available for inspection at the office of
the City Clerk.
(3) Movable fixtures which are placed at City Facilities are
subject to the same abandonment and enforcement provisions
included in Sections 6.3.30r ]:D and (13 I) Improperly placed
movable fixtures shall be considered abandoned movable fixtures.
(c) The area within the medians of a divided roadway.
(I0) Fixture Placement: Movable fixtures shall not be placed on any
roadway, bike path or swale area in front of. to the rear of. or to the side of a
single family residence within the City.
Insurance:
Every_ publisher or distributor who places or maintains a newsrack on a public
right-of-way shall provide to the Code Enforcement Administrator a current certificate
of insurance on October 1st of each year. Reasonable evidence of equivalent self-
insurance coverage may be substituted by the applicant for the above certificate of
insurance, subject to the approval of the City's Risk Manager. Insurance under this
section shall run continuously with the presence of the applicant's newsrack(s~ in the
City's right-of-way, and any termination or lapse of such insurance shall be a violation
of this Section. subject to the appropriate remedy by the Code Enforcement Division
under Chapter 37 of the City's Code of Ordinances and the Enforcement provisions of
this Chapter.
6F H) Abandonment:
(1) In the event a newsrack remains empty for a period of 30 continuous days,
it shall be deemed abandoned, and may be treated in the same manner as provided in
6.3.3. (-~ I3below for movable fixtures in violation of the provisions of this subchapter.
9 No. 13-96
(2) If the controlling entity is not identified on the moveable fixture, it will be
considered abandoned and posted as such.
(-G I) Enforcement:
(1) Correction of Violation: Upon determination by a Code Enforcement
Officer that a movable fixture has been installed, used, or maintained in violation of
Section 6.3.3, and order to correct the violation shall be issued to the controlling entity.
(2) The order to correct the violation shall specifically describe the violation
and may suggest actions necessary to correct the condition or violation. Such order
shall be mailed by certified mail remm receipt reqUested to the controlling entity.
(3) Failure to properly correct the violation within 15 days of the receipt of
the order, shall result in the offending movable fixture being removed by the City. Any
movable fixture removed by the city hereunder shall be stored at the controlling entity's
expense for a period of 30 days. The movable fixture shall be released upon a proper
showing of ownership and payment of any and all storage charges. In the event the
movable fixture is not claimed within the 30 day period, the movable fixture may be sold
at public auction and the proceeds applied first to removal, administrative and storage
charges, and the remainder, if any, then paid into the General Fund of the City.
(4) If the movable fixture is posted as abandoned and not removed within 7
days from the date of posting, or the City is not contacted by the controlling entity within
7 days from receipt of the order, the City may remove the movable fixture immediately.
The City shall store the movable fixture for 30 days and if not claimed within that time,
the entity may dispose of the movable fixture in any manner it deems appropriate. If the
movable fixture is claimed, the entity claiming the movable fixture shall pay for all
removal, administrative and storage charges prior to release of the fixture. If the charges
are not paid within 15 days of claim being made, the City may dispose of the movable
fixture.
(5) At least ten days prior to the public auction, the City Clerk shall publish
a description of the movable fixture, the location from where it was removed, and notice
of the auction in a newspaper of general circulation in the city and shall provide the
controlling entity identified on the movable fixture, or if otherwise known, with written
notification of the auction by certified mail, return receipt requested. Provided, however,
that the City Manager, or his designee, may dispose of the movable fixture in any manner
it sees fit, including negotiating the release of the movable fixture to the controlling entity
for less than full payment of all storage charges if the City Manager or his designee is of
the opinion that such disposal will be more advantageous to the City than auctioning off
the movable fixture.
10 No. 13-96
(6) In the event the controlling entity appeals the order to correct the
offending condition, as provided for in Subsection 6.3.3 (Gl), below, then removal of the
movable fixture shall be stayed pending final disposition of the appeal, which final
disposition shall include any judicial review. The city shall reimburse the controlling
entity any storage charges paid pursuant to an order issued by the city in the event the
decision on the appeal is rendered favorable to the controlling entity.
~ J) Appeals: Any person or controlling entity aggrieved by any order, finding, or
determination, taken under the provisions of this ordinance, (hereinafter an appellant) may file an
appeal with the Code Enforcement Board for the City of Delray Beach. The appellant must
effect their appeal within 15 days after receipt of the order mailed to the appellant pursuant to
this ordinance. In order to effect the appeal, the appellant must deliver their letter of appeal,
briefly stating the basis of their appeal, to the Clerk of the Code Enforcement Board. The Code
Enforcement Board shall hold a hearing on the appeal no later than 30 days following the receipt
of the letter of appeal, unless the parties mutually agree to an extension thereof. The appellant
shall be given at least 7 days written notice of the time and place of the hearing. The Board shall
give the appellant and any other interested party a reasonable opportunity to be heard in order to
show cause why the fixture is not violating this ordinance. At the conclusion of the hearing the
Board shall make a final and conclusive determination. The determination shall be reduced to
writing and signed by the Board and filed in the Office of the City Clerk within 15 days of the
hearing and a copy shall be sent to the appellant. The decision of the Board shall be effective
when rendered. The decision of the Board may be appealed as provided for by law.
~. 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 that the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances which conflict herewith be and
the same is hereby repealed.
~. That this ordinance shall become effective one hundred eighty (180) days
after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and t-mai reading on this the
~ day of ,1996.
MAYOR
ATTEST:
First Reading.
City Clerk Second Reading
newsrac2.o~d
11 No. 13-96
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~t~ i"
SUBJECT: AGENDA ITEM # /~.~. - MEETING OF MAY 7, 1996
ORDINANCE NO. 18-96 (LOCATION OF AUTOMOBILE REPAIR AND
DETAILING USES)
DATE: MAY 3, 1996
This is first reading for Ordinance No. 18-96 amending LDR
Section 4.4.28 "Central Business District - Railroad Corridor"
Subsection 4.4.28(D), "Conditional Uses and Structures Allowed"
to further restrict the location of automobile repair and
detailing uses south of S.E. 6th Street, extended.
At its meeting of January 22, 1996, the Planning and Zoning Board
recommended approval of a zoning request from RM (Medium Density
Residential) to CBD-RC (Central Business District-Railroad
Corridor for the Lee Property located at the southeast corner of
S.E. 1st Avenue and S.Eo 6th Street, extended. However, the
Commission denied the request at its meeting on February 20, 1996
based on the potential impact of auto repair and detailing uses
on the adjacent residential properties.
The Commission initiated a text amendment to the LDRs incorpora-
ting additional location restrictions prohibiting the establish-
ment of auto repair and detailing uses on the subject property.
It was the consensus of the Commission that the rezoning request
would be heard again once the text amendment is processed incor-
porating the additional locational restrictions.
At its meeting of April 15, 1996 the Planning and Zoning Board
reviewed this item and voted 5-0 to recommend approval of the
amendment to LDR Section 4.4.28(D) (2) to include restricting auto
repair and detailing uses south of S.E. 6th Street, extended.
Recommend approval of Ordinance No. 18-96 on first reading. If
passed, public hearing May 21, 1996.
ORDINANCE NO. 18-96
AN ORDINANCE OF THE CITY CfX4MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING SECTION 4.4.28, "CENTRAL
BUSINESS DISTRICT-RAILROAD CORRIDOR (CBD-RC)", SUBSECTION
4.4.28(D), "CONDITI(I~AL USES AND STRUCTURES ALLOWED", OF
THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF D~Y
BEACH, TO FURTHER RESTRICT THE LOCATION OF A~BILE
REPAIR AND AUTf]dOBILE DETAILING USES WITHIN THE DISTRICT;
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 April 15, 1996, and voted
5 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:
Section 1. That Chapter Four, "Zoning Regulations", Article 4.4,
"Base Zoning District", Section 4.4.28, "Central Business District-Railroad
Corridor (CBD-RC) ", Subsection 4.4.28 (D), "Conditional Uses and Structures
Allowed", of the Land Development Regulations of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
(D) Conditional Uses and Structures Allowed: The following uses
are allowed as conditional uses within the CBD-RC district:
(!) All uses allowed as such within the CBD [Section
4.4.13(D) ].
(2) Automobile repair and automobile detailing. However,
such facilities may not be located north of S.E. 1st Street or south of S.E.
6th Street, extended. Conditional use approval may not be granted for a new
automobile repair facility nor for the expansion of an existing facility
unless it is specifically demonstrated that off-street parking is available
in accordance with the requirements of Section 4.6.9.
(3) Food preparation and/or processing, including but not
limited to bakeries and catering operations.
(4) Dry clean/ng processing plants.
Section 2. That all ordinances or parts of ordinances in conflict
herewith be, and the same are hereby repealed.
Section 3. ~nat should any section or provision of this ordinance
or any portion thereof, any paragraph, sentence, or word be declared by a
court of competent jurisdiction to be invalid, such decision shall not affect
the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 4. That this ordinance shall become effective immediately
upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the day of , 1996.
MAYOR
A~:
City Clerk
First R~ading
Second Reading
ref: ORD18-96
- 2 - Ord. No. 18-96
TO: DAVID T. HARDEN, CITY MANAGER
NING AND ZONING
FROM: J~EF~Y A. COSTELLO
~ENIOR PLANNER
SUBJECT: MEETING OF MAY 7, 1996
CONSIDERATION OF AN LDR TEXT AMENDMENT TO
SECTION 4.4.28(D)(2) OF THE CBD-RC (CENTRAL BUSINESS
DISTRICT-RAILROAD CORRIDOR) TO RESTRICT AUTO
REPAIR AND DETAILING USES FROM LOCATING SOUTH OF
$,E. 6TH STREET, EXTENDED.
The action requested of the City Commission is that of approval on
first reading of an ordinance amending LDR Section 4.4.28(D)(2) of
the CBD-RC (Central Business District-Railroad Corridor) to restrict
auto repair and detailing uses from locating south of S.E. 6th
Street, extended.
At its meeting of January 22, 1996, the Planning and Zoning Board
recommended approval of a rezoning request from RM (Medium Density
Residential) to CBD-RC (Central Business District-Railroad Corridor) for the Lee
property located at the southeast corner of S.E. 1st Avenue and S.E. 6th Street,
extended. However, on February 20, 1996, the City Commission denied the
request on second reading. The basis for the denial related to concerns
regarding the CBD-RC zone district allowing auto repair and detailing uses on
the property and their potential impacts on the adjacent residential properties. In
City Commission Documentation
Meeting of May 7, 1996
LDR Text Amendment to Section 4.4.28(D)(2) of the CBD-RC zoning district.
Page 2
response to the concern, the City Commission initiated a text amendment to the
LDRs to incorporate additional Iocational restrictions for the auto repair uses,
which would prohibit the establishment of auto repair and detailing uses on the
subject property. It was the consensus of the City Commission that the rezoning
request would be heard again once the text amendment is processed.
The proposed amendment will further restrict the location of auto repair and
detailing uses in the CBD-RC zoning district. Currently, auto repair and detailing
uses are allowed south of S.E. 1st Street. While the uses are only allowed as
conditional uses, which require that specific findings be made in order to obtain
approval, under the current regulations there is a possibility that such a use
could be located on vacant land which has the potential to be rezoned CBD-RC.
This land is located south of the intersection of S.E. 1st Avenue and S.E. 6th
Street, extended, and is adjacent to several single family homes. Additional
background and analysis of the amendment is described in the attached
Planning and Zoning Board staff report.
At its meeting of April 15, 1996, the Planning and Zoning Board formally
reviewed this item. There was no public testimony regarding the proposed
amendment. After reviewing the staff report and discussing the proposal, the
Board voted 5-0 (Young and Schmidt absent) to recommend approval of the
amendment to LDR Section 4.4.28(D)(2), to include restricting auto repair and
detailing uses south of S.E. 6th Street, extended.
By motion, approve on first reading the ordinance amending LDR Section
4.4.28(D)(2) to include restrict auto repair and detailing uses from locating south
of S.E. 6th Street, extended, and setting a public hearing date of May 21, 1996.
Attachments:
El P & Z Board Staff Report and Documentation of April 15, 1996
E! Ordinance by Others
MEETING DATE: APRIL 15, 1996
AGENDA ITEM: IVoA - AMENDMENT TO LDR SECTION 4.4o28(D)(2)
[CENTRAL BUSINESS DISTRICT-RAILROAD
CORRIDOR], TO FURTHER RESTRICT THE
LOCATION OF AUTO REPAIR AND DETAILING
USES.
The item before the Board is that of making a recommendation to
the City Commission regarding an LDR text amendment to Section
4.4.28(D)(2), Central Business District-Railroad Corridor (CBD-
RC), Conditiona! Uses and Structures Allowed, which would further
restrict the location of auto repair and detailing uses.
Pursuant to Section 1.1.6, an amendment to the text of the Land
Development Regulations may not be made until a
recommendation is obtained from the Planning and Zoning Board.
The CBD-RC (Central Business'District-Railroad Corridor) was created in order
to recognize the long-standing light industrial character of the F.E.C. railroad
corridor; to provide for the upgrading and expansion of existing uses when
appropriate; and to enhance the economic growth of the central business district
by providing employment opportunities in the downtown area.
While the CBD-RC was intended to be applied to existing conditions, a request
was recently processed to rezone a parcel 'of land at the southeast corner of
S.E. 1st Avenue and S.E. 6th Street (if extended), from RM (Medium Density
Residential) to CBD-RC. As the property abuts light industrial uses and the
railroad it seemed appropriate to rezone the property.
However, on February 20, 1996, the City Commission denied the request on
second reading. The basis for the denial related to concerns regarding the
CBD-RC zone district allowing auto repair and detailing uses on the property
and their potential impacts on the adjacent residential properties. In response
P & Z Board Memorandum Staff Report
LDR Text Amendment - Restrictions on Location of Auto Uses the CBD-RC Zone District
Page 2
to the concern, the City Commission initiated a text amendment to the LDRs to
incorporate additional Iocational restrictions for the auto repair uses, which
would prohibit the establishment of auto repair and detailing uses on the subject
property. It was the consensus of the City Commission that the rezoning request
would be heard again once the text amendment is processed. '
The proposed amendment will further restrict the location of auto repair and
detailing uses in the CBD-RC zoning district. Currently, auto repair and detailing
uses are allowed south of S.E. 1st Street. While the uses are only allowed as
conditional uses, which require that specific findings be made in order to obtain
a approval, under the current regulations there is a possiblity that such a use
could be located on vacant land which has the potential to be rezoned CBD-RC.
This land is located south of the intersection of S.E. 1st Avenue and S.E. 6th
Street, extended, and is adjacent to several single family homes.
The auto repair and detailing uses were included in the CBD-RC zoning district
in order to accommodate the existing auto repair uses which are primarily
located south of S.E. 1st Street and north of S.E. 6th Street, within the CBD-RC
zoning district. At the time that the zoning was created, it was not anticipated
that it would be extended beyond the existing uses. It is appropriate to amend
the Iocational restrictions for auto uses to ensure that they do not have the
potential to expand beyond the limited area where they are currently permitted.
By motion, recommend to the City Commission that LDR Section 4.4.28(D)(2) be
amended to include restricting auto repair and detailing uses south of S.E. 6th
Street, extended.
Attachment:
I~ Proposed Ordinance
Section 4.4.28 CBD-RC (Central Business District - Railroad Corridor):
(D) Conditional Uses and Structures Allowed: The following uses are
allowed as conditional uses within the CBD-RC zoning district:
(1) All uses allowed as such within the CBD [Section 4.4.13(D)].
(2) Automobile repair and automobile detailing. However, such
facilities may not be located north of S.E. 1st Street or south of S.E. 6th
Street, extended. Conditional use approval may not be granted for a new
automobile repair facility, nor for the expansion of an existing facility,
unless it is specifically demonstrated that off-street parking is available in
accordance with the requirements of Section 4.6.9.
(3) Food preparation and/or processing, including but not limited to
bakeries and catering operations.
(4) Dry cleaning processing plants.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~"I
ORDINANCE NO. 19-96 REZONING FROM RM TO CBD-RC FOR
PROPERTY SOUTH OF S.E.6TH STREET WEST OF THE FEC
DATE: MAY 3, 1996
This is first reading for Ordinance No. 19-96 rezoning a 0.91
acre parcel of land from RM (Medium Density Residential) to
CBD-RC (Central Business District - Railroad Corridor). The
subject property is located at the southeast corner of S.E. 1st
Avenue and unimproved S.E. 6th Street west of the FEC Railway.
The subject property known as the Lee Property is an unplatted,
vacant parcel of land. If the rezoning is approved, it is
anticipated that a development proposal will be submitted to
construct a light industrial type development. The Commission
denied the request for rezoning at its meeting on February 20,
1996 based on the potential impact of auto repair and detailing
uses on the adjacent residential properties.
The Commission initiated a text amendment to the LDRs incorpor-
ating additional location restrictions prohibiting the
establishment of auto repair and detailing uses on the subject
property. It was the consensus of the Commission that the
rezoning request would be heard again once the text amendment was
processed incorporating the additional locational restrictions.
That text amendment is being considered by the Commission at this
meeting of May 7, 1996.
At its meeting of April 15, 1996 the Planning and Zoning Board
reviewed this item and voted 5-0 to recommend approval of the
rezoning request based on positive findings with respect to
Chapter 3 (Performance Standards) of the Land Development
Regulations, policies of the Comprehensive Plan, and LDR Sections
2.4.5 (D) (5) .
If passed, quasi-judicial/public hearing May 21, 1996.
ORDINANCE NO. 19-96
AN ORDINANCE OF THE CITY CC~ISSICRq OF THE CITY OF DELRAY
BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED
RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT IN THE CBD-RC
(CENTRAL BUSINESS DISTRICT- RAILRC~D CORRIDOR); SAID LAND
BEING LOT 5, PLAT OF ANDERSC~ BLOCK, AS MORE PARTICULARLY
DESCRIBED HEREIN, GENERAT.T.Y LOCATED AT THE SOUTHEAST
CORNER OF S.E. 1ST AVENUE AND UNIMPROVED S.E. 6TH STREET;
AND AMENDING "ZC~ING MAP OF DELRAY BEACH, FLORIDA, 1994";
PROVIDING A GENERAL REPF~T.~R CLAUSE, A SAVING CLAUSE, AND
WHEREAS, the property hereinafter described is sho~n on the Zoning
District Map of the City of Delray Beach, Florida, dated April, 1994, as
being zoned BM (Medium Density Residential) District; and
WHEREAS, at its meeting of April 15, 1996, the Planning and Zoning
Board for the City of Delray Beach, as Local Planning Agency, considered this
item at public hearing and voted 5 to 0 to recommend approval of the
rezoning, based upon positive find/ngs; 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 CBD-RC (Central Business District-Railroad
Corridor) for the following described property:
Lot 5, PLAT OF ANDERSON BIXDCK, according to the Plat
thereof recorded in Plat Book 22, Page 45, of the Public
Records of Palm Beach County, Florida.
The subject property is located at the southeast corner
of S.E. /st Avenue and unimproved S.E. 6th Street, west
of the F.E.C. Railway; containing 0.91 acres, more or
less.
Section 2. That the Planning Director of said City shall, upon the
effective date of this ordinance, amend the Zoning Map of the City of Delray
Beach, Florida, to conform with the provisions of Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in conflict
herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this ordinance
or any portion thereof, any paragraph, sentence, or word be declared by a
court of competent jurisdiction to be invalid, such decision shall not affect
the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 5. ~nat 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
ATI~ST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 19-96
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~ REZONINC FROM "RM" TO "CBD-RC"
OTY OIr OELRAY BEACH. FL
-- O~IZ'/41~ 8,45E MAP S~r£M -- ~AP r~£r: L~O0~
TO: DAVID T. HARDEN, CITY MANAGER
THRU:
ZONING
FROM: J/EI~I~ A. COSTELLO
SENI(DR PLANNER
SUBJECT: MEETING OF MAY 7, 1996
REZONING FROM RM (MEDIUM DENSITY RESIDENTIAL) TO
CBD-RC (CENTRAL BUSINESS DISTRICT - RAILROAD
CORRIDOR) FOR PROPERTY LOCATED AT THE SOUTHEAST
CORNER OF S.E. 1ST AVENUE AND UNIMPROVED S.E. 6TH
STREET. IMMEDIATELY WEST OF THE F.E.C. RAILROAD.
The action requested of the City Commission is that of approval on
first reading of an ordinance rezoning a 0.91 acre parcel from RM
(Medium Density Residential) to CBD-RC (Central Business District
- Railroad Corridor).
The subject property is located at the southeast corner of S.E. 1st
Avenue and unimproved S.E. 6th Street, immediately west of the
F.E.C. Railroad.
The subject property is an unplatted parcel of land which is currently vacant and
consists of 0.91 acres.
The development proposal is to rezone the property from RM (Medium Density
Residential) to CBD-RC (Central Business District - Railroad Corridor). If the
rezoning is approved, it is anticipated that a development proposal will be
submitted to construct a light industrial type development.
City Commission Documentation
Meeting of May 7, 1996
Rezoning from RM to CBD-RC for the Charles Lee Property
Page 2
On February 20, 1996, the City Commission denied the same rezoning request
for the subject property on second reading. The basis for the denial related to
concerns regarding the CBD-RC zone district allowing auto repair uses on the
property. In response to the concern, the City Commission initiated a text
amendment to the LDRs to incorporate Iocational restrictions for the auto repair
uses, which would prohibit the establishment of an auto repair use on the subject
property. This text amendment is also being considered by the Commission at
its May 7th meeting.
Pursuant to LDR Section 2.4.5(D)(6)(a), once a rezoning has been denied, the
same petition cannot be considered for a period of 12 months. However, this
limitation does not apply to rezonings that are denied in a manner deemed as
"without prejudice". At its February 20th meeting, it was the consensus of the
City Commission that the rezoning request be brought back as quickly as
possible, once the text amendment was processed. Therefore, the 12 month
limit does not apply to this petition.
Additional background and an analysis of the request is found in the attached
Planning and Zoning Board Staff Report.
At its meeting of April 15, 1996, the Planning and Zoning Board held a public
hearing in conjunction with review of the request. There was no public testimony
regarding the request. After reviewing the staff report and discussing the
proposal, the Board voted 5-0 (Young and Schmidt absent) to recommend that
the rezoning request be approved, based upon positive findings with respect to
Chapter 3 (Performance Standards) of the Land Development Regulations,
policies of the Comprehensive Plan, and LDR Sections 2.4.5(D)(5).
By motion, approve on first reading the ordinance for the rezoning from RM
(Medium Density Residential) to CBD-RC (Central Business District - Railroad
Corridor) based upon the findings and recommendation by the Planning and
Zoning Board, and setting a public hearing date of May 21, 1996.
Attachments:
P & Z Staff Report and Documentation of April 15, 1996
Ordinance by Others
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: April 15, 1996
AGENDA ITEM: IV.B.
ITEM: Rezoning from RM (Medium Density Residential) to CBD-RC (Central
Business District-Railroad Corridor) for a Parcel of Land Located on the
Southeast Corner of S.E. 1st Avenue and Unimproved S.E. 6th Street,
West of the F.E.C. Railway.
. t
GENERAL DATA:
~ner/Appli~nt ................................... ChaHes E. Lee
Lo~tion ............................................... Southeast Corner of S.E. 1st Avenue and Unimproved S.E. 6th Street, West
of the F.E.C.~ Railway.
Pm~y Size ....................................... 0.91 Acres
Future Land Use Map ........................... Redevelopment Area g5
Cuffent Zoning .................................... RM (Medium Density Residential)
Proposed Zoning .................................. CBD-RC (Central Business Distdct - Railroad Condor)
Adja~nt Zoning ......................... No~h: CBD-RC and RM
East: R-1-A (Single Family Residential)
South: RM
West: RM
Existing Land Use ................................ Vaunt land.
Proposed Land Use .............................. Rezoning from RM (Medium Density Residential) to CBD-RC (Central
Business Distd~ - Railroad Co~dor) to a~ommodate a light industrial
development
Water Se~ice ...................................... Available to the site via a se~ice lateral connexion to an existing 16" water
main located along the nodh side of the properly within the unimproved S.E.
6th Street right-of-way.
Sewer Se~ice ...................................... Available via a main extension and connection to the existing sewer main
wilhin South Swinton Avenue, approximately 180 feet west of the properly.
The action before the Board is that of making a recommendation to
the City Commission on a rezoning from RM (Medium Density
Residential) to CBD-RC (Central Business District Railroad
Corridor) for the Charles Lee Property, pursuant to Section
2.4.5(D).
The subject property is located at the southeast corner of S.E. 1st
Avenue (if extended) and S.E. 6th Street (unimproved),
approximately 650 feet south of S.E. 4th Street, and contains 0.91
acres.
Pursuant to Section 2.2.2(E), the Local Planning Agency (P & Z
Board) shall review and make recommendations to the City
Commission with respect to the rezoning of any property within the
city.
The subject property is a vacant parcel of land consisting of Lot 5, Anderson
Block and containing 0.91 acres. City records do not indicate any land use
activity on the subject property.
On May 16, 1995, the City Commission approved on second reading an
ordinance (Ordinance No. 22-95) creating the CBD-RC (Central Business District
- Railroad Corridor) zoning district, and thus, amending the LDRs. The zoning
district was created pursuant to Land Use Element Policy A-5.14 of the
Comprehensive Plan to facilitate the establishment of industrial and commerce
areas as envisioned in the "Village Center" scenario. The zoning district was to
be applied to those areas in the downtown which have been traditionally
developed for light industrial uses.
At its meeting of June 20, 1995, the City Commission approved rezonings to
CBD-RC for various properties along the F.E.C. railroad corridor (Ordinance No.
32-95). During the public hearings, the owner of the subject property, Charles
Lee, inquired with respect to adding his property into the CBD-RC, as he wanted
to develop the property as light industrial and could not develop it as residential
since the property abuts the railroad tracks. Due to the notification requirements,
the property could not be included in the rezoning. The property owner was
informed that he could submit a rezoning application, and that the LI (Light
Industrial) zone district should be considered rather than CBD-RC, as the LI
zone district development standards are more restrictive and the potential uses
are somewhat limited. However, pursuant to LDR Section 4.6.4, where industrial
zoning is adjacent to residential zoning, the building setback requireme, nts must .,....
be increased to 50 and 60 feet depending on certain circumstances. Due to the '-
narrowness of the property and its location, the property would be undevelopable
p& Z Boar6 S_t~?_~e~-°~,ezoff~g ~om ~ to
-nted As a v -~-~d ~ot be . ~. aoo~e~ ~ __,~ useS,
._ a vadan~'. ~ce, the P~Z~'~-as inte~°~,~.ntia/ano ~",: -or aP
';~'a ~ed us~ ~S mis a~ea u_~nts fo~ inou~u_;~ be rezOn~
'~ -.-,,,n co~e. ~' ,. ~c~enw," _ ,~at the Pmw°''' . ~ina Boa~
do~mv" ,_~ setbac~ '~.e.ueStln9 "'" . _,~. anO ~'[Z,.~ 20,
~t ,.- _--~ed aPP'~-,-- aenieo u,~ ~ ,~ CBO-m~ ~ __ the C~W ~[[:~
~ec°~';itV Comm'ss~'~;s ~eoa~dm9]~ the c°nce~,~;;onat
~996, u~,~;{ated to co~;' tn respons? 'T..o~Orate ,y~;, d an au~ ~e
"' -- ..sss on ,,' ~ent to u,~ -h~b~t m~ ~ .- ~nO ~"
~epa~[ ~'. te~ amenu"~.-~h wou~d Pm~' .mendment ~s ~
~tiate~ o-~-aiT useS, ~'_'~ This te~t -," ~ied,
the autO ~=~.,~{ect p~opu,~.-__ ~. been uo,,- _.
- ~- the ~,...-,~ meeUn~- ---offing ~'~ ~o~eVe~, "' _
· no 5eCUU" ' ~:~reO Io~ ~ ~ _ ~ieO "' . _.n~e~Su~ ~ -
~,..~uant to ~w,~_~ot be conS'u~:-~s that a~e ~ a was t~e uy,,;, n~ck~Y
-~me p~" --+ aOpW '~ - --~, Zuu' '" -- ~O~g''~ - the ~ "'
~ithout v~'~ion that u'~i.~ment was vTM
possible, u,~j a~lY to tm~ ~ ~on.
~lt does no~ ~
GornUu~,-..,~ be sub~t~
3 the
: Chapter ~ . trOt tO . Otto ~hich
to 5ecu ' ns, ce~" be achier shaB De ," ~ent
pu~uant _..~ticattO - ~h~s may _ findings ,~ develOP
~.uelo ment ~iat recorC. ~ ~, minu~S' L *r deny
u'[~ot ~e o,,~': s~ff teP°~L~' to aPptOvu .:- ~nu[ area--
~e aPPU~ has the~'; retate to tn= -
body w~" ~hese
P & Z Board Staff Report
Charles Lee Property - Rezoning from RM to CBD-RC
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 subject property has a Future Land Use Map designation of Redevelopment
Area #5 (Osceola Park) and is zoned RM (Medium Density Residential). The
proposal is to rezone the property to CBD-RC Central Business District -
Railroad Corridor). Unlike other land use designations, there are no zoning
classifications that are automatically consistent with a Redevelopment Area
designation. This rezoning petition is being processed pursuant to the "case-by-
case" option more fully described in Future Land Use Element of the
Comprehensive Plan. Based upon the above, a positive finding can be made
with respect to consistency with the Future Land Use Map.
Concurrency: Facilities which are provided by, or through, the City shall
be provided to new development concurrent with issuance of a Certificate
of Occupancy. These facilities shall be provided pursuant to leVels of
service established within the Comprehensive Plan.
Water & Sewer:
Water service is available to the site via a service lateral connection to an
existing 16" water main located along the north side of the property within
the unimproved S.E. 6th Street right-of-way.
El Currently, there is insufficient fire suppression to properly serve this site
and the immediate area. Therefore, with development of the property
installation of a fire hydrant will be required.
Sewer service is available via a main extension and connection to the
existing sewer main within South Swinton Avenue, approximately 180 feet
west of the property.
With future development any main extensions and/or upgrades will be the
responsibility of the developer and will be addressed with a full site plan
submittal. Pursuant to the Comprehensive Plan, treatment capacity is available
at the City's Water Treatment Plant and the South Central County Waste Water
Treatment Plant for the City at build-out. Based upon the above, positive
findings can be made with respect to this level of service standard.
Drainage:
With rezoning requests drainage plans are not required, however, they are
required with a full site plan submittal. As the property is currently vacant, there
are no problems anticipated with the ability of future development retaining
P & Z Board Staff Report
Charles Lee Property - Rezoning from RM to CBD-RC
Page 4
drainage on-site and complying with Lake Worth Drainage District and South
Florida Water Management District standards.
Traffic:
With a rezoning the maximum development under the existing and proposed
zoning designation is assessed. Under the current RM (Medium Density
Residential) zoning designation, the maximum development potential would be a
10-unit multiple family development generating 70 average daily trips. With
development under the proposed CBD-RC (Central Business District - Railread
Corridor) zoning designation, the maximum development potential would be a
9,909 sq.ft, commercial building generating 923 average daily trips. This would
result in a net increase of 853 average daily trips. However, the development
preposal is to construct a light industrial project which would generate a
maximum of 72 average daily trips for a net increase of 2 vehicular trips. Traffic
concurrency with respect to individual site development proposals must be
addressed with review of a specific site development plan. However, it is noted
that there is adequate capacity on the surrounding roadway network to
accommodate the traffic from any of the above development scenarios.
Parks and Recreation:
The rezoning from RM to CBD-RC will decrease any additional demand on the
City's park facilities, as parks and recreation dedication requirements do not
apply to the nonresidential uses. Thus, there will be no impact on this level of
service standard.
Solid Waste:
Trash generated each year by the proposed industrial use would be equal to or
slightly greater than trash generated from a multiple family development. Thus,
development of this property under the CBD-RC zone district should not create
an adverse impact on this level of service standard.
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.
COMPREHENSIVE PLAN POLICIES
A review of the objectives and policies of the adopted Comprehensive Plan ..;.- ....
was conducted and the following applicable objectives and policieS were
found.
P & Z Board Staff Report
Charles Lee Property - Rezoning from RM to CBD-RC
Page 5
Redevelopment Areas - The Redevelopment Area designation is applied to
those areas which have been identified in the Land Use Element as being
in need of redevelopment. Development shall occur pursuant to a specific
"redevelopment plan" which is to be prepared pursuant to Objective C-2 of
the Land Use Element. If a development proposal is presented to the City
prior to the creation and adoption of a redevelopment plan, that proposal
shall be handled in one of the following ways:
El the application shall be placed on hold for not more than six (6) months
while the redevelopment plan is prepared;
El the application shall be processed on a case by case basis with the
existing zoning map, the Land Use Element, and the Housing element
providing the Local Planning Agency with the policy guidance needed
to properly dispose of the application.
The description of the Osceola Park Redevelopment Area (#5) in the
Comprehensive Plan is as follows:
Land Use Element Policy C-2.9 - The Osceola Park Redevelopment Area
(Redevelopment Area #5) is bounded by S.E~ 2nd Street, Federal Highway
(S.E. 5th Avenue), S.E. 5th Street, and Swinton Avenue. This area which
has industrial uses with inadequate parking to the west, commercial uses
on the east, and a mixed residential area which has turned mainly into
renter occupied units is also encompassed by wellfield protection zones.
The primary focus of this redevelopment plan shall be to arrest
deterioration, provide adequate parking and services for the existing
industrial and commercial areas, .and accommodate housing which is
compatible with the other use~.
The proposal involves a narrow parcel of land that has remained vacant for many
years and is located adjacent to the F.E.C. railroad. Development of the
property for residential purposes may not be appropriate or realistic with the
existing industrial uses to the north and the abutting F.E.C. Railroad. Any new
development will be required to comply with the Land Development Regulations,
thus, adequate parking and landscaping will be provided. Based upon the
above, it is appropriate to consider the proposal on its own merits, as permitted
in the "case by case" option under the policies for Redevelopment Areas in the
Comprehensive Plan.
Under the Planning Department Work Program, th~ Osceola Park
Redevelopment Plan is scheduled to be completed in the late 1996. As an
alternative, the Board could postpone action on this item and accelerate the
schedule for the redevelopment plan. This would require reprioritizing
redevelopment plans and thus, shift the North Federal Highway Redevelopment
Plan to late 1996.
P & Z Board Staff Report
Charles Lee Property - Rezoning from RM to CBD-RC
Page 6
Corlservation Policy A-1.1: The practice of monitoring groundwater
conditions through installation of monitoring wells shall be continued. In
addition, monitoring wells are to be installed for non-residential land uses
which locate within zone 3 around the series 20 and eastern wellfields.
Provisions shall be made for data from these private monitoring wells to be
used in the City's on-going monitoring efforts.
Pursuant to the Wellfield Zone Protection Map, the subject property is located
within zones 2 and 3. The County Wellfield Protection Ordinance, administered
by the Department of Environmental Resources Management (DERM),
determines whether or not monitoring wells are required for any property. An
affidavit of notification is required to be transmitted to DERM which identifies the
materials that are stored on the site or utilized in the processing aspect of the
facility. This must be provided at the time of site plan submittal. This policy also
addresses LDR Section 3.3.4(A), which requires assurance that provisions of the
County Wellfield Protection Ordinance shall be complied with.
Land Use Element Objective A-1 - Vacant property shall be developed in a
manner so that the future use and intensity is appropriate and complies in
terms of soil, topographic, and other applicable physical considerations, is
complimentary to adjacent land uses, and fulfills remaining land use
needs.
The property has been disturbed and there are no physical conditions that would
prevent development of the property. There are special boundary requirements
between the commercial and residential zoning to mitigate any potential impacts.
The property can be developed under the CBD-RC zoning in a manner that
would be complementary to t, he adjacent residential developments. The
proposed zoning fulfills a remaining land use need of industrial development to
provide additional employment as well as increase the City's tax base.
Section 3.3.2 (Standards for Rezoning Actions): Standards A, B and C are
not applicable with respect to this rezoning request. The following is the
applicable performance standard of Section 3.3.2:
(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.
Properties to the north are zoned CBD-RC (Central Business District -
Railroad Corridor) and RM; to the south and west are zoned RM; and, to
the east, across the F.E.C. Railroad is zoned R-1-A (Single Family
Residential). The land uses adjacent to the property include the following:
north of the property is an industrial development, a multiple family
P & Z Board Staff Report
Charles Lee Property - Rezoning from RM to CBD-RC
Page 7
development and Griffin Gate duplex development; west are 4 single
family homes; south is vacant land; and, east is the Osceola Park
subdivision consisting primarily of single family homes.
Compatibility of the potential auto repair uses allowed under the CBD-RC
zoning with the residences to the west and east, across the F.E.C.
Railroad, is a concern. A text amendment to the LDRs is being processed
to incorporate Iocational restrictions for the auto repair uses, which would
prohibit the establishment of an auto repair use on the subject property. If
the text amendment prohibiting auto repair uses on the property is denied,
it may be appropriate to again deny the rezoning request.
The property can be developed 'in a manner that will be compatible with
the adjacent residences. There are existing regulations in place to
mitigate impacts with the residences such as trees every 25 feet with a
continuous hedge or 6' high masonry wall adjacent to the residences.
Further, where commercial zoning abuts residential property, the
proposed building must be set back 10 feet from the residentially zoned
property [ref. LDR Section 4.6.4(A)(2)]. The hours of operation is not a
major concern as most businesses normally operate between 8:00 a.m.
and 5:00 p.m.
Access to the site will be taken from S.E. 1st Avenue which is improved
and serves the adjacent light industrial development on the east side of
1st Avenue and the duplex development on the west side. Thus, the
potential traffic would not be traveling through a residential street. While
access could be obtained utilizing S.E. 6th Street, the street is
unimproved and runs between two residential developments to the west of
the subject site. It wofJld be inappropriate to improve the road to
accommodate industrial or commercial uses. S.E. 6th Street is not
scheduled to be improved in the 5-year Capital Improvement Program,
nor is anticipated that it ever will. Within this immediate area, abandoning
unimproved rights-of-way and aggregation of land is encouraged to obtain
additional site area and accommodate a larger well-planned development.
In light of the above, the applicant may want to consider abandoning the
6th Street right-of-way as well as the alley right-of-way along the west side
of the property.
Section 2.4.5(D)(5) (Rezoning 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: ~.~ .~.
P & Z Board Staff Report
Charles Lee Property - Rezoning from RM to CBD-RC
Page 8
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 has submitted a justification statement which states the following:
The subject property is has been vacant for many years. Development of
the property under the existing RM zoning designation for residential
purposes seems unrealistic as the property is a long narrow parcel of land
which abuts the F.E.C. Railroad to the east and industrial to the north.
The requested zoning is of similar intensity as other existing industrial and
commercial uses which exist along the F.E.C. railroad, within the Osceola
Park Redevelopment Area, and is more appropriate based upon the
above stated circumstances.
Comment: Item "c" is the basis for which the rezoning should be granted. The
rezoning to CBD-RC is more appropriate given the narrowness of the property
and its proximity to the F.E.C. Railroad and the industrial developments to the
north. Rezoning of the property to CBD-RC will enable development in a manner
that will be compatible with the adjacent residences as well as an asset to the
surrounding area. Developmer}t of this parcel will be an inducement the area
and may encourage redevelopment and development of surrounding properties.
Based upon the above, it is appropriate to rezone the property to CBD-RC
(Central Business District - Railroad Corridor).
The rezoning is not in a geographic area requiring review by the DDA
(Downtown Development Authority) or the HPB (Historic Preservation Board).
Community_ Redevelopment Agency
At its meeting of January 11, 1995, the CRA reviewed and recommended
approval of the rezoning from RM to CBD-RC.
Site Plan Review and Appearance Board
If the rezoning is approved, it anticipated that a site plan submittal will folloTM
which requires action by the Site Plan Review and Appearance Board.
P & Z Board Staff Report
Charles Lee Property - Rezoning from RM to CBD-RC
Page 9
PtJblic and Courtesy Notices:
Formal public notice has been provided to property owners within a 500 foot
radius of the subject property. In addition, Courtesy notices were provided to the
following homeowner's and neighborhood associations:
[30sceola Park Homeowners Association
[3 Old School Square Homeowners Association
Letters of objection and support, if any, will be presented at the Planning and
Zoning Board meeting.
The rezoning from RM to CBD-RC is consistent with the policies .of the
Comprehensive Plan and Chapter 3 of the Land Development Regulations.
Also, positive findings can be made with respect to Section 2.4.5(D)(5)
(Rezoning Findings), that the CBD-RC is more appropriate given the
circumstances particular to the site. Development of the property under the RM
zoning may be unrealistic. The CBD-RC zoning appears to be more appropriate
given the narrowness of the property and its proximity to the F.E.C. Railroad and
the industrial developments to the north. The property can be development in a
manner that will be an inducement to the area and may encourage
redevelopment and development of surrounding properties. However, if the text
amendment the CBD-RC zone prohibiting auto repair uses on the property .is not
approved, it may be appropriate to deny the rezoning request.
A. Continue with direction.
B. Recommend approval of the rezoning request from RM to CBD-RC based
upon positive findings with respect to Chapter 3 (Performance Standards)
and Section 2.4.5(D)(5) (Rezoning Findings) of the Land Development
Regulations, and policies of the Comprehensive Plan.
C. Recommend denial of the rezoning request from RM to CBD-RC based
upon a failure to make a positive finding with respect to LDR Section
3.3.2(D) (Compatibility) that the zoning is incompatible with the adjacent
residential uses, and that pursuant to LDR Section 2.4.5(D)(5) the
rezoning fails to fulfill at least one of the reasons listed.
P & Z Board Staff Report
Charles Lee Property - Rezoning from RM to CBD-RC
Page 10
Recommend to the City Commission approval of the rezoning from RM to CBD-
RC for the Charles Lee Property based upon positive findings with respect to
Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) (Rezoning Findings)
of the Land Development Regulations, and policies of the Comprehensive Plan.
Attachments:
Location/Zoning Map
Survey
This Staff Report prepared by: ,left Costello, Senior Planner
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER,S/
SUBJECT: AGENDA ITEM # ~-~ - MEETING OF MAY 7, 1996
ORDINANCE NO. 20-96/SMALL SCALE FLUM AMENDMENT AND
REZONING FOR FORMER HRS BUILDING SITE ON WALLACE DRIVE
DATE: MAY 3, 1996
This is first reading for Ordinance No. 20-96 changing the Future
Land Use Map (FLUM) designation from General Commercial to
Commerce (small scale amendment) and rezoning from POC (Planned
Office Center) District to LI (Light Industrial) District for a
1.86 acre parcel of land. It is the former HRS building site
located on the east side of Wallace Drive approximately 1,300
feet north of Linton Boulevard.
The FLUM amendment and rezoning are being processed to accommo-
date Tower Optical Corporation, an optical equipment manufacturer
which plans to occupy the 18,400 square foot building. The
facility will also house the marketing, accounting, research and
development and advertising components, and will employ 10-25
skilled workers.
At public hearing on April 15, 1996, the Planning and Zoning
Board voted 5-0 to recommend approval based on positive findings
with respect to Chapter 3 (Performance Standards) of the Land
Development Regulations, policies of the Comprehensive Plan, and
LDR Sections 2.4.5(D) (5).
Recommend approval of Ordinance No. 20-96 on first reading. If
passed, quasi-judicial/public hearing May 21, 1996.
ORDINANCE NO. 20-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP
DESIGNATION FROM GENERAL CO~4ERCIAL TO COMMERCE, AND
REZONING FROM POC (PLANNED OFFICE CENTER) DISTRICT TO LI
(LIGHT INDUSTRIAL) DISTRICT, FOR A PARCEL OF LAND LOCATED
ON THE EAST SIDE OF ~T.TACE DRIVE, APPROXIMATELY 1,300
FEET NORTH OF LINTON BOULEVARD, AS THE SAME IS MORE
PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER
THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND
USE PLAN AMENDMENTS; 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 designated on the
Future Land Use Map (FLUM) in the Comprehensive Plan for the City of Delray
Beach, Florida, as General Commercial; and
WHEREAS, the property hereinafter described is shown on the Zoning
District ~.~p of the City of Delray Beach, Florida, dated April, 1994, as
being zoned POC (Planned Office Center) District; and
WHEREAS, at its meeting of April 15, 1996, the Planning and Zoning
Board for the City of Delray Beach, as Local Planning Agency, reviewed this
item at public hearing and voted 5 to 0 to recommend approval of the small
scale FLUM amendment and rezoning, based upon positive findings; and
WHEREAS, it is appropriate that the Future Land Use Map in t_he
Comprehensive Plan be amended to reflect the revised land use designation,
and 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 CO~4ISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the legal description of the subject property is
as follows:
Beginn/ng at a marker at the Southeast corner of Block D,
Plat of SUNNY ACRES, as recorded in Plat Book 21, Page
63, Public Records of Palm Beach County, Florida, and run
West 156.7 feet to Germantown Road; thence Northeasterly,
along Germantown Road 175 feet; thence East to the East
line of the East Half of the West Half of Lot 30, Plat of
Map Showing Subdivisions of portions of Townships 45 and
46 South, Range 43 East, as recorded in Plat Book 1, Page
4, Public Records of Palm Beach County; thence South
along the said East line to the Southeast corner of the
East Half of the West Half of Lot 30; thence West to the
Southwest corner of the East Half of the West Half of Lot
30; thence North 25 feet to the Point of Beginning;
located in the Southwest ~a~ter of Section 20, Township
46 South, Range 43 East. LESS AND EXCEPT the East 25 feet
thereof.
TCGETHER WITH
That part of the right-of-way for Georgia Street as shown
on the Plat of SUNNY ACRES, Palm Beach County, Florida,
according to the plat thereof recorded in Plat Book 21 at
Page 63 of the Public Records of Palm Beach County,
Florida, described as follows:
Begin at the Southeast corner of Lot 8, Block "D" as
shown on said plat of SUNNY ACRES; thence South 88
degrees 09' 14" West, along the South line of said Lot 8,
156.70 feet to the East right-of-way line of Germantown
Road; thence South 22 degrees 37' 01" West, along said
East right-of-w-ay line, 27.47 feet to a line 25.00 feet
South of and parallel with the said South line of Lot 8;
thence North 88 degrees 09' 14" East, along said parallel
line, 167.31 feet to the intersection with the Southerly
prolongation of the East line of said Lot 8; thence North
0 degrees 05' 43" West, along said Southerly
prolongation, 25 feet to said point of begimm_ing.
The subject property is located on the east side of
Wallace Drive, approximately 1,300 feet north of Linton
Boulevard; containing 1.86 acres, more or less.
Section 2. That the Future Land Use Map in the Comprehensive P!~n
of the City of Delray Beach, Florida, is hereby changed to reflect a land use
designation of Commerce for the subject property.
Section 3. That the City of Delray Beach elects to make this small
scale amendment by having only an adoption hearing, pursuant to Florida
Statutes Section ! 63.3 ! 87 ( 1 ) (c) 4.
Section 4. That the Zoning District Map of the City of Delray
Beach, Florida, dated April, 1994, is hereby amended to reflect a zoning
classification of LI (Light Industrial) District for the subject property.
Section 5. That the Planning Director of said City shall, upon the
effective date of th/s ord/nance, amend the Zoning Map of the City of Delray
Beach, Florida, to conform with the provisions of Section 4 hereof.
- 2 - Ord. No. 20-96
Section 6. That all ordinances or parts of ord/nances in conflict
herewith be, and the same are hereby repealed.
Section 7. That should any section or provision of this ord/nance
or any portion thereof, any paragraph, sentence, or word be declared by a
court of competent jurisdiction to be invalid, such decision shall not affect
the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 8. That this ordinance shall become effective thirty-one
(31) days after adoption, unless the amendment is challenged pursuant to
Sectio~ 163. 3187(3), F.S. If challenged, the effective date of th/s
aw, endment shall be the date a final order is issued by the Department of
Community Affairs, or the Administration Commission, finding the amendment in
compliance with Section 163.3184, F.S. No development orders, development
permits, or land uses dependent on this amendment may be issued or commence
before it has become effective. If a final order of noncompliance is issued
by the Administration Committee, this amendment may nevertheless be made
effective by adoption of a resolution affirming its effective status, a copy
of which resolution shall be sent to the Department of Community Affairs,
Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida
32399-2100.
PASSED AND ADOPTED in regalar session on second and final reading
on this the day of , 1996.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 3 - Ord. No. 20-96
S.w. 10 TH S T.
S.W. 11TH
PARK TEN
2ND ADD.
~ THE
LIN TON o GROVES
CENTRE ~
STREET
BESSIE
ELLA ST.
MILFRED STREET
WA L L A CE SOU THRID GE C OND 0
WALLACE DODGE VILLAGE
FORD WALLA CE CONDO
NISSAN
LIN TON BOULEVARD
FROM: CENER.~L COMMERCIAL LEGEND: MDR - MEDIUM DENSI'I~ R~IDENTIAL OS - OI:~N SPACE
PLANNING DEPARTM£NT '"{0 : COMMERCE t - INDUSTRIAL LDR - LOW DENSI1~' RESIDENTIAL TRN - TRANSI'TIONA.L
OTY O~' D£LRA¥ BEACH. £L · - PROTECTION ZONE C - COMMERCE CC - GENERAL COMMERCE P - PUBLIC BUIL01NG~
-- DIGITAL BAS[' M,4F~ Sy~,rEM -- t4AP Ri:r: LM026
TO: DAVID T. HARDEN, CITY MANAGER
DEPARTMENT OF PLANNING AND ZONING
FROM: J~~-'
SENI(DR PLANNER
SUBJECT: MEETING OF MAY 7, 1996
SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM
GENERAL COMMERCIAL TO COMMERCE, AND REZONING
FROM POC (PLANNED OFFICE CENTER) TO LI (LIGHT
INDUSTRIAL) FOR PROPERTY LOCATED BETWEEN
WALLACE DRIVE AND S.W. 10TH AVENUE. APPROXIMATELY
t.300 FEET NORTH OF LINTON BOULEVARD.
The action requested of the City Commission is that of approval on
first reading of an ordinance changing the Future Land Use Map
designation from General Commercial to Commerce, and rezoning
from POC (Planned Office Center) to LI (Light Industrial) for the
former HRS building.
The subject property is located between Wallace Drive and S.W.
10th Avenue, approximately 1,300 feet north of Linton Boulevard.
The proposal incorporates an unplatted parcel of land consisting of 1.86 acres.
The site contains an existing office building formerly occupied by the Florida
Department of Health and Rehabilitative Services (HRS) which vacated the
premises in 1993. The building has remained vacant since.
The proposal is to change the Future Land Use Map designation from General
Commercial to Commerce and rezone the property from POC (Planned Office
City Commission Documentation
Meeting of May 7, 1996
Small-Scale FLUM Amendment to Commerce and Rezoning to LI for the Former HRS Building
Page 2
Center) to LI (Light Industrial). The FLUM amendment and rezoning are being
processed to accommodate Tower Optical Corporation, an optical equipment
manufacturer, which wishes to occupy the existing 18,400 sq.ft, office building.
In addition to the manufacturing aspect, the facility would also house the
company's marketing, accounting, research and development, and advertising
components. This facility will employ 10 - 25 persons who are primarily skilled
workers. Shipping and receiving are handled through parcel post
vehicles/carriers (UPS, FEDX).
Additional background and an analysis of the request is found in the attached
Planning and Zoning Board Staff Report.
At its meeting of April 15, 1996, the Planning and Zoning Board held a public
hearing in conjunction with review of the requests. There was no public
testimony regarding the requests. After reviewing the staff report and discussing
the proposal, the Board voted 5-0 (Young and Schmidt absent) to recommend
that the requests be approved, based upon positive findings with respect to
Chapter 3 (Performance Standards) of the Land Development Regulations,
policies of the Comprehensive Plan, and LDR Sections 2.4.5(D)(5).
By motion, approve on first reading the ordinance for the FLUM amendment from
General Commercial to Commerce and rezoning from POC (Planned Office
Center) to LI (Light Industrial) based upon the findings and recommendation by
the Planning and Zoning Board, and setting a public hearing date of May 21,
1996.
Attachments:
P & Z Staff Report and Documentation of April 15, 1996
Ordinance by Others
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: Apri~ 15, 1996
AGENDA ITEM: ~V.C.
ITEM: Future Land Use Map Amendment from General Commercial to
Commerce and Rezoning from POC (Planned Office Center) to LI
(Light Industrial) for the former HRS Building located between
Wallace Drive and S.W. 10th Avenue approximately 1,300 feet north
GENERAL DATA: of LintonBoulevard. ~ '~~~ ' '
Owner ............................................ MSdeQ Properties
Applicant/Agent ............................. Lac Hong & Lien Thi Nguyen s.w. ~0T, ~--~ r---
Location ......................................... East side of Wallace Drive,
approximately 1,300 feet north of
Linton Boulevard.
Property Size ................................. 1.86 Acres
Existing Future Land Use Map ...... General Commercial
Proposed Future Land Use Map .... Commerce
Current Zoning ............................... POC (Planned Office Center)
Proposed Zoning ........................... LI (Light Industrial)
Adjacent Zoning ................... North: R-1-A (Single Family Residential)
East: RM (Multiple Family Residential)
South: AC (Automotive Commercial) c, roves
West: MIC (Mixed Industrial &
Commercial)
Existing Land Use .......................... Vacant office building (formerly
an HRS building).
Proposed Land Use ....................... Establishment of an Optical
Equipment Manufacturing
.Facility.
Water Service ................................ Existing on site.
Sewer Service ................................ Existing on site.
WALLACE CONDO
tNISSAN
~IN TON ~OUL£V^~DII
The item before the Board is that of making a recommendation on
a privately initiated Small-Scale Future Land Use Map Amendment
from General Commercial to Commerce and a rezoning from POC
(Planned Office Center) to LI (Light Industrial) for the Former HRS
Building.
The subject property is located between Wallace Drive and S.W.
10th Avenue, approximately 1,300 feet north of Linton Boulevard.
The proposal incorporates an unplatted parcel of land consisting of 1.86 acres.
The property was developed in 1983 while under Palm Beach County
jurisdiction. In 1988, the subject property was annexed into the City pursuant to
the Enclave Act (via Ordinance No. 51-88) with the CF (Community Facilities)
zoning designation.
VVith the Citywide rezoning and adoption of the Comprehensive Plan in October
of 1990, the subject property was rezoned to POC (Planned Office Center). The
site was formerly occupied by the Florida Department of Health and
Rehabilitative Services (HRS) which vacated the premises in 1993. The building
has remained vacant since.
On March 1, 1996, a request for a Future Land Use Map amendment to
Commerce and rezoning of the property to LI (Light Industrial) was submitted
and is now before the Board for action.
The proposal is to change the Future Land Use Map designation from General
Commercial to Commerce and rezone the property from POC (Planned Office
Center) to LI (Light Industrial). The FLUM amendment and rezoning are being
processed to accommodate Tower Optical Corporation, an optical equipment
manufacturer, which wishes to occupy the existing 18,400 sq.ft, office building.
In addition to the manufacturing aspect, the facility would also house the
company's marketing, accounting, research and development, and advertising
components. This facility will employ 10 - 25 persons who are primarily skilled
workers. Shipping and receiving are handled through parcel post
vehicles/carriers (UPS, FEDX).
This Future Land Use Map Amendment is being processed as a Small Scale ..:-~-
Development pursuant to Florida Statutes 163.3187. This statute states that any
local government comprehensive land use plan amendments directly related to
P & Z Board Staff Report
Small Scale FLUM Amendment from General Commercial to Commerce and Rezoning from CF to
POC for the former HRS Building
Page 2
proposed small scale development activities may be approved without regard to
statutory limits on the frequency of consideration of amendment (twice a year),
subject to the following conditions:
El The amendment does not exceed either 10 acres of nonresidential land or
10 acres of residential land with a density of 10 units per acre or less;
El The cumulative effect of the amendments processed under this section
shall not exceed 60 acres annually; and,
El The proposed amendment does not involve the same owner's property
within 200 feet of property granted a change within a period of 12 months.
The land use map amendment involves a 1.86 acre area, thus the total area is
less than the 10 acre maximum for nonresidential land uses. The amendment to
Commerce is being processed concurrently with a rezoning request to Lt (Light
Industrial) to facilitate the establishment of an optical equipment manufacturer.
This amendment along with other small scale amendments processed this year
will not exceed 60 acres. This property has not previously been considered for a
land use amendment nor have any of the same property owner's properties been
granted a land use change within 200 feet or within the last year.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable objectives and policies were found.
Future Land Use Element Policy A-1.4 "Commerce" Land Use which
involves a mix of light industrial, commercial uses, and research and
development are the most needed land uses during the City's final stage of
build-out. Thus, .changes to the Land Use Map which diminish this land
use are discouraged.
As described above, the Commerce land use has been designated as the
City's most needed land use category, primarily due to the job
opportunities it represents. Approval of the FLUM amendment will result
in the establishment of a desirable industrial use which will increase the
City's tax base and provide for additional employment opportunities of a
technical nature. Thus, the FLUM amendment from General Commercial
to Commerce supports this Policy.
Conservation Policy A-1,1: The practice of monitoring groundwater
conditions through installation of monitoring wells shall be cont_inued. In
addition, monitoring wells are to be installed for non-residential ;land uses
which locate within zone 3 around the series 20 and eastern wellfields.
P & Z Board Staff Report
Small Scale FLUM Amendment from General Commercial to Commerce and Rezoning from CF to
POC for the former HRS Building
Page 3
Provisions shall be made for data from these private monitoring wells to be
used in the City's on-going monitoring efforts.
Pursuant to the Wellfield Zone Protection Map, the subject property is
located within the zone ~. The County Wellfield Protection Ordinance,
administered by Palm Beach County Department of Environmental
Resources Management (DERM), determines whether or not monitoring
wells are required for any property. An Affidavit of Notification is required
to be transmitted to DERM which identifies the materials that are stored
on the site or utilized in the processing aspect of the facility. The applicant
has indicated that the manufacturing process does not use or produce
any toxic materials. However, with the submittal of a site plan application,
an Affidavit of Notification must be provided to DERM. The proposed LI
zone district limits the amount of substances that can be stored on the
property. This policy also addresses LDR Sections 3.3.4(A), which
requires assurance that provisions of the County Wellfield PrOtection
Ordinance shall be followed.
Land Use Analysis:
Pursuant to Land Development Regulations Section 3.1.1(A) (Future Land
Use Map), all land uses and resulting structures must be allowed in the
zoning district within which the land is situated and, said zoning must be
consistent with the land use designation as shown on the Future Land Use
Map.
The proposed Commerce land use designation will allow the following zoning
classifications: LI (Light Industrial), MIC (Mixed Industrial and Commercial), PCC
(Planned Commerce Center), RT (Resort Tourism), OSR (Open Space and
Recreation), OS (Open Space), and CF (Community Facilities).
In conjunction with the Future Land Use Map amendment to Commerce, a
rezoning to LI (Light Industrial) is being sought. The FLUM amendment and
rezoning to LI are being processed concurrently to facilitate the establishment of
an optical equipment manufacturing facility. Within the LI zone district, the
proposed facility is allowed as a permitted use [ref. LDR Section 4.4.26(B)(3)].
Ad_iacent Land Use Map Desiqnations. Zoning Desi_~nations & Land Uses:
North: North of the property has a Future Land Use Map designation of
Redevelopment Area #2 and is zoned R-1-A (Single Family Residential). The
existing land use is a single family dwelling and vacant parcel containing potted
landscape materials.
P & Z Board Staff Report
Small Scale FLUM Amendment from General Commercial to Commerce and Rezoning from CF to
POC for the former HRS Building
Page 4
South: South of the property has a General Commercial land use designation
and is zoned AC (Automotive Commercial). The existing use of the property is
the Wallace Nissan/Dodge automobile dealership.
East: East of the property, across S.W. 10th Avenue, has a Future Land Use
Map designation of Medium Density Residential (5-12 u/ac) and is zoned RM
(Medium Density Residential). The existing land use is The Groves of Delray
multiple family complex.
West: West of the property, across Wallace Drive, has a Future Land Use Map
designation of Redevelopment Area #2 and is zoned MIC (Mixed Industrial and
Commercial). The existing land uses are two single family dwellings.
Allowable Land Uses:
Under the current General Commercial FLUM designation, commercial and office
developments (GC, PC, AC, NC, POC, POD and RT zoning designations) are
allowed. The property is currently zoned POC which allows business and
professional office uses.
Under the proposed Commerce FLUM designation, industrial developments
(PCC, I, MIC and Li zoning designations) are allowed. The applicant has
requested a zoning designation of LI (Light Industrial), which allows the
proposed optical equipment manufacturing facility as a permitted use [ref. LDR
Section 4.4.26(B)(3)]. The LI zone district allows primarily non-intensive industrial
uses as well as office uses. Based upon the above, a positive finding can be
made with respect to consistency with the Future Land Use Map designation.
Land Use Compatibility:
As described in the Future Land Use Element of the Comprehensive Plan, the
General Commercial land use designation is to be applied to land which is, or
should be, developed for general commercial purposes e.g. retail, office,
services.
The proposed Commerce land use designation is applied to property which is
developed, or is to be developed, in such a manner as to accommodate a mix of
industrial, service, and commercial uses. This may be accomplished through
either a development of existing parcels or a planned concept.
Compatibility with the adjacent residences is not a major concern. The
residences to the east and west will be separated from the proposed industrial
property by public streets with 50' (S.W. 10th Avenue) and 60' (Wall~__ace Drive)
right-of-way widths. The existing structure is set back 150' from: the weSt
P & Z Board Staff Report
Small Scale FLUM Amendment from General Commercial to Commerce and Rezoning from CF to
POC for the former HRS Building
Page 5
property line and 50 feet from the east property line. The multiple family
development to the east also contains an existing 6' c.b.s, wall and landscaping.
With respect to the abutting single family residence to the north, the existing
office building is set back 72 feet from the north property line with a parking area
between the building and the north property line. There are existing regulations
in place to mitigate impacts with the residences such as trees every 25 feet with
a continuous hedge or 6' high masonry wall adjacent to the residences. Further,
sufficient regulations currently exist (i.e. restricted uses and buffering) to mitigate
adverse impacts of the light industrial uses [ref. LDR Sections 4.6.4(B) and
4.4.26(F),(G), & (H)]. The hours of operation is not a major concern as the
proposed business as well as most businesses normally operate between 8:00
a.m. and 5:00 p.m. The proposed optical equipment manufacturing business is
not expected to generate any adverse noise, odors, or visual impacts.
The existing single family residences are located within the Redevelopment Area
#2 [VVallace Drive (fka Germantown Road) Industrial Area]. Pursuant to Future
Land Use Element Policy C-2.5, the Wallace Drive Industrial Area shall be
primarily industrial with an emphasis on commerce uses (LI, PCC, MIC zone
districts). Unimproved and underimproved rights-of-way shall be abandoned
when it facilitates the aggregation of parcels and larger scale development
provided that the right-of-way is not essential for traffic flow purposes. Support
uses for the existing automobile dealerships are encouraged. All commercial
uses shall be allowed with the exception of "strip-type" development along
Wallace Drive which is not desired because of traffic conflicts along the collector
street.
The existing single family residences west of Wallace Drive are nonconforming
uses, as they are not permitted in the MIC (Mixed Industrial and Commercial)
zone district, while the single family residence to the north is permitted in the R-
1-A zone district. Given the existing development pattern along Wallace Drive,
the proximity of the area to the Linton Boulevard and 1-95 interchange, and the
existing industrial and commercial uses to the west and south, the properties
within this area provide excellent opportunities for commerce type uses.
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.
Water & Sewer:
Water service currently exists via a service lateral connection to an 10"
water main along Wallace Drive. :- .... --
P & Z Board Staff Report
Small Scale FLUM Amendment from General Commercial to Commerce and Rezoning from CF to
POC for the former HRS Building
Page 6
Adequate fire suppression is provided via an existing fire hydrant at the
southwest corner of the site, adjacent to Wallace Drive.
Sewer service currently exists via a service lateral 'connection to an
existing 8" main within Wallace Drive.
Pursuant to the Comprehensive Plan, treatment capacity is available at the City's
Water Treatment Plant and the South Central County Waste Water Treatment
Plant for the City at build-out. Based upon the above, positive findings can be
made with respect to this level of service standard.
Drainage:
With FLUM and rezoning requests drainage plans are not required. The site is
currently developed with an 18,400 sq.ft, building and asphalt parking areas.
The drainage is currently retained on-site site via sheet flow to a
landscape/swale area on the south side of the building. The FLUM amendment
and rezoning will not negatively impact this existing situation.
Traffic:
Under the current General Commercial FLUM designation, the maximum
development potential would be 18,400 sq.ft, of retail generating 1,357 average
daily trips [GC (General Commercial) zoning]. The current POC office
designation generates 390 average daily trips. Under the proposed Commerce
land use and LI zoning designations, the maximum development potential would
be the office use (390 trips). However, the proposal is to accommodate a light
industrial use which will generate 128 trips. Thus, the FLUM amendment and
rezoning would result in a decrease of vehicle trips generated, and will not have
an impact with respect to traffic concurrency.
Parks and Recreation:
Park and dedication requirements do not apply to nonresidential uses. Thus,
there will be no impact on this level of service standard.
Solid Waste:
Trash generated each year by the proposed industrial use would be equal to or
less than trash generated from the uses allowed by the applicable zoning
districts of the General Commercial land use designation (POC, POD, NC, GC,
AC, PC, RT, NC). The development of these properties under the Commerce
land use designation should not create an adverse impact on this level of service
standard. ~'~- "~
P & Z Board Staff Report
Small Scale FLUM Amendment from General Commercial to Commerce and Rezoning from CF to
POC for the former HRS Building
Page 7
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 Future Land Use Map,
Concurrency, Comprehensive Plan Consistency and Compliance with the
Land Development Regulations.
Future Land Use Map, Concurrency and Comprehensive Plan Consistency
were previously discussed under the Future Land Use Map Analysis section of
this report. Compliance with respect to Compliance with the Land
Development Regulations (Standards for Rezoning Actions, Rezoning
Findings) are discussed below.
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): Standards A-C are not
applicable. The applicable p?rformance standard of Section 3.3.2 is 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 to the north is zoned R-1-A (Single Family Residential); to
the south is zoned AC (Automotive Commercial); to the east, across S.VV.
lOth Avenue, is zoned RM (Multiple Family Residential); and, to the west
across Wallace Drive is zoned MIC (Mixed Industrial and Commercial).
The land uses adjacent to the property include the following: north of the
property is a single family residence and vacant land; south is an
automobile dealership (Wallace Nissan/Dodge); to the east is an adult
oriented multiple family development (The Groves of Delray);.-and, to the .....:-
west are two single family homes.
P & Z Board Staff Report
Small Scale FLUM Amendment from General Commercial to Commerce and Rezoning from CF to
POC for the former HRS Building
Page 8
Compatibility with the adjacent residential properties is not a major
concern. The LI (Light Industrial) zoning designation allows business
office uses, which are permitted under the current POC zoning
designation, and light industrial uses such as manufacturing, assembly,
and wholesale. The LI district requires that all uses be conducted within
an enclosed building. Intense uses such as auto repair are not allowed.
The hours of operation are not a major concern as this business as well
as most businesses normally operate between 8:00 a.m. and 5:00 p.m.
Truck traffic will not be impacting as shipments are handled through
parcel post vehicles/carriers. The existing office building has co-existed
with the surrounding uses for many years. Thus, the proposal will not be
introducing a nonresidential use to the property or the area. The
conversion of the property to the light industrial use will allow upgrades to
a currently blighted property which has been vacant for three years and
has not been well maintained.
The existing building is separated from the residential properties by
parking areas. There are existing regulations in place to mitigate impacts
with the residences such as trees every 25 feet with a continuous hedge
or 6' high masonry wall adjacent to the residences. Further, sufficient
regulations currently exist i.e. restricted uses and buffering to mitigate
adverse impacts of the industrial uses [ref. LDR Sections 4.6.4(B) and
4.4.26(F),(G), & (H)].
Section 2.4.5(D)(5) (Rezonino_ Findino_s):
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;
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 appro.oriate for the property
based upon circumstances particular to the site and/or
neighborhood.
The applicant has submitted a justification statement which states the
following: :.._
P & Z Board Staff Report
Small Scale FLUM Amendment from General Commercial to Commerce and Rezoning from CF to
POC for the former HRS Building
Page 9
"This request for rezoning to LI will be consistent with the proposed
Commerce land use designation. Given the adjacent and industrial uses
in the area, and the Iow visibility from a major roadway, the property is
more marketable for industrial use, rather than office use. The property
has been vacant for 3 years and is blighted. The rezoning will allow the
re-occupation of an existing structure and upgrading of the property. The
requested LI zoning is of similar intensity as other existing industrial and
commercial uses which exist to the west and south and is more
appropriate based upon the above stated circumstances."
Comment: The justification statement addresses Item "c" as the basis for which
the rezoning should be granted. The requested LI (Light Industrial) zoning is
consistent with the proposed Commerce land use designation and is the least
intensive of the industrial zoning designations. Given the surrounding area and
its development pattern, the LI zoning is appropriate. Rezoning of the property
to LI will enable upgrades to a blighted property in a manner that will be
compatible with the adjacent residences as well as an asset to the surrounding
area. Redevelopment of this parcel will be an inducement the area and may
encourage redevelopment and development of surrounding properties. Based
upon the above, it is appropriate to rezone the property to LI.
COMPLIANCE WITH LAND DEVELOPMENT,, REGULATIONS:
As currently zoned, the subject property does not meet the minimum
development size of the POC zoning district, which is 4 acres with individual lot
sizes of 1 acre. Further, it does it does not comply with the Special District
Boundary Treatment [ref. LDR Section 4.6.4(C)] which requires a 25 foot
landscape setback area where P;OC zoning abuts residential zoning.
The subject property will comply with LI zone district development standards.
There is adequate on-site parking to accommodate the proposed industrial use.
In addition, the property complies with the Special District Boundary Treatment
requirements which apply where industrially zoned property is adjacent to
residentially zoned property [ref. LDR Section 4.6.4(B)]. If the land use plan
amendment and rezoning are approved, submittal of a site plan modification
application will follow. The site plan modification will involve upgrades to the
entire site including architectural improvements. There are no problems
anticipated complying with the Land Development Regulations.
The subject property is not within a geographical area requiring review by the
Community Redevelopment Agency, Downtown Development Autho...£ity or the
Historic Preservation Board.
P & Z Board Staff Report
Small Scale FLUM Amendment from General Commercial to Commerce and Rezoning from CF to
POC for the former HRS Building
Page 10
Courtesy Notices:
Courtesy notices have been provided to the following civic and homeowners
associations:
0 Delray Property Owners
El Progressive Residents of Delray (PROD)
[3 The Groves of Delray
[3 Woods of Southridge
Public Notice:
Formal public notice has been provided to property owners within a 500' radius
of the subject property. Letters of objection and support, if any, will be presented
at the Planning and Zoning Board meeting.
The Future Land Use Map Amendment from General Commercial to Commerce
is consistent with the policies of the Comprehensive Plan and Chapter 3 of the
Land Development Regulations. The amendment will provide additional
Commerce designated land which will help to provide additional employment
opportunities. The rezoning from POC to LI is consistent with the policies of the
Comprehensive Plan and Chapter 3 of the Land Development Regulations. The
proposed manufacturing use as well as the proposed LI zoning designation are
consistent with the Commerce land use designation. Also, positive findings can
be made with respect to Section 2.4.5(D)(5) (Rezoning Findings), that the LI is
more appropriate given the circumstances particular to the site and the
surrounding area. Re-occupatior~ of the structure under the POC zoning may be
unrealistic. The LI zoning appears to be more appropriate given the narrowness
of the property and its proximity to the industrial developments to the west and
the commercial development to the south. There are existing requirements to
mitigate any potential impacts, however, none are foreseen. The property can
be developed in a manner that will be an inducement to the area and may
encourage redevelopment and development of surrounding properties.
A. Continue with direction.
B. Recommend approval of the Small-Scale Future Land Use Map
Amendment from General Commercial to Commerce, and the rezoning
request from POC to LI based upon positive findings with respect to
Chapter 3 (Performance Standards) of the Land Development
Regulations, policies of the Comprehensive Plan, and LDR Sections
2.4.5(D)(5)(c).
P & Z Board Staff Report
Small Scale FLUM Amendment from General Commercial to Commerce and Rezoning from CF to
POC for the former HRS Building
Page 11
C. Recommend denial of the Small,Scale Future Land Use Map Amendment
from General Commercial to Commerce and the rezoning request from
POC to LI with the based upon a failure to make [positive findings with
respect to LDR Section 2.4.5(D)(5), that the rezoning fails to fulfill one of
the basis.
Recommend to the City Commission approval of the Small-Scale Future Land
Use Map amendment for General Commercial to Commerce and the rezoning
from POC to LI based upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development Regulations, policies of the
Comprehensive Plan, and LDR Sections 2.4.5(D)(5)(c).
Attachment:
Future Land Use Map
Zoning Map
Survey
This Staff Report prepared by: Jeff Costello. Senior Planner
DELRA Y BEACH
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OSR
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WALLACE DODGE VILLAGE ~.
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~r
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~ REZONING FROM "POC" -TO "LI'.' ..
PLANNING D[PARTM[NT
OTY OF' O[LRAY BEACH, FI.
THRU: Dm'A~~DOMIN~EZ, Dm CTO
DEPARTMENT DF~KJ~I~D ZONING
FROM: JANET MEEKS
SENIOR PLANNER
SUBJECT: MEETING OF MAY 7, 1996
CONSIDERATION OF AN LDR TEXT AMENDMENT TO SECTIONS
4.6.16(B), (C), AND (H)(4) OF THE LANDSCAPE REGULATIONS
WHICH RELATES TO COMPLIANCE WITH MINIMUM LANDSCAPE
REQUIREMENTS FOR EXISTING PROPERTIES
The action requested of the City Commission is approval on first reading of an
ordinance amending LDR Sections 4.6.16(B) Applicability, (C) Compliance and
Relief, and (H)(4) Existing Multiple Family Commercial, and Industrial
Development of the Landscape Regulations within the LDR's, regarding
compliance with the minimum landscape requirements for existing properties.
For background and analysis regarding this item see the attached P&Z Board
staff report.
At is meeting of April 15, 1996, the Planning and Zoning Board formally reviewed this
item. There was no public testimony regarding the proposed amendment. After
reviewing the staff report and discussing the proposal, the Board voted 5-0 (Young and
Schmidt absent) to recommend approval of the amendment to LDR Sections 4.6.16(B),
(C), and (H)(4) of the Landscape Regulations.
By motion, approval on first reading the ordinance amending LDR Sections 4.6.16(B)
Applicability, (C) Compliance and Relief, and (H)(4) Existin,q Multiple Family
Commercial, and Industrial Development of the Landscape Regulations.
Attachments:
· Planning and Zoning Board Staff Report and Documentation of April 15, 1996
· Ordinance by Others
ORDINANCE NO. 2 2- 9 6
AN ORDiNANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDiNG CHAPTER 4.6, "SUPPLEMENTAL DISTRICT REGULATIONS",
SECTION 4.6.16, "LANDSCAPE REGULATIONS" OF THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDiNANCES OF THE CITY OF DELRAY BEACH,
BY AMENDiNG SUBSECTION 4.6.16(B), "APPLICABILITY", TO PROVIDE FOR
MINIMUM LANDSCAPE AND MAINTENANCE REQUIREMENTS; BY AMENDiNG
SUBSECTION 4.6.16(C), "COMPLIANCE AND RELIEF", TO PROVIDE FOR THE
REQUIREMENTS FOR A LANDSCAPE PLAN AND TO CREATE THE LANDSCAPE
COMPLIANCE REVIEW COMMITTEE; BY AMENDiNG SUBSECTION 4.6.16(H)(4),
"EXISTiNG MULTIPLE FAMILY, COMMERCIAL, AND INDUSTRIAL DEVELOPMENT",
TO PROVIDE THAT ALL EXISTiNG MULTI-FAMILY UNITS AND COMMERCIAL AND
INDUSTRIAL USES SHALL COMPLY WITH MINIMUM LANDSCAPE STANDARDS AND
BY SPECIFICALLY iNCLUDiNG DUPLEXES iN THIS SECTION; PROVIDiNG A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach desires to improve the
landscaping and maintenance of the City by providing minimum standards for the installation and
maintenance of landscaping in order to preserve the appearance, character and value of the
surrounding ne{ghborhoods, thereby promoting aesthetics of neighborhoods within the City and
promoting the general welfare; and
WHEREAS, the City Commission of the City of Delray Beach believes that the
appearance of it's neighborhoods is important in fostering pride in the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 4, "Supplemental District Regulations", Section 4.6.16,
"Landscape Regulations" of the Land Development Regulations of the Code of Ordinances of the
City of Delray Beach is hereby amended, by amending subsection 4.6.16(B) "Applicability", to
read as follows:
(B) Applicability: The provisions of this Section shall apply as follows:
(1) To the construction of single family homes~ for which a building permit is
applied for on or after October 1, 1990. Such properties shall comply with minimum standards
set forth in Section 4.6.16(H)(1) and other applicable sections of 4.6.16.
(2) To existing development of all types, including, but not limited to,
commercial, industrial and multifamily development including duplexes, but excluding single
family detached dwellings on a single lot. Such development shall comply with the minimum
standards set forth within sections 4.6.16(C)(1) and 4.6.16(H)(4) and other applicable sections of
4.6.16, in addition to all requirements set forth in the approved landscape plan of record.
(-2-)(_3) To any new development or any modification to of existing development_.
wher-~ T_.~hat portion of the site which is being newly developed or modified must comply with
the requirements contained herein.
(--3)(_4) To any modification to existing development ~ae~4ae~e which results
in an increase of 25% of in the gross floor area of the structure, or structures, situated on the site._
_lin w?2zh such cases the entire site shall be upgraded to present landscape standards~_.
Section 2. That Chapter 4, "Supplemental District Regulations," Section 4.6.16,
"Landscape Regulations" of the Land Development regulations of the Code of Ordinances of the
City of Delray Beach is hereby amended, by amending subsection 4.6.16(C) "Compliance and
Relief", and by enacting a new subsection 4.6.16(C), to read as follows:
(C) Compliance. Review. Appeal. and Relief:
(1) Compliance:
Prior to the issuance of a building permit for a structure or ~}y _a
paving pe , ,-, t, ...... ~,~t- ..... ~,~ .... e, ......... t~,-e, on an
de~etopme~ compliance with the requirements of tF2: Section
4.6.16 shall be assured through the review and approval of a
landscape plan submitted pursuant to Section 2.4.3(C).
Prior to upgrading landscaping on an existing site a landscape plan
shall be submitted which shall:
1_. Be drawn to scale consistent with the site plan with
crowded areas provided in a larger scale presentation.
2_. Clearly delineate the existing and proposed parking spaces
or other vehicular use areas, access aisles, sidewalks,
building locations and similar features.
3_. Contain a Statement of intent as to the method and
coverage of irrigation (irrigation systems require a separate
permit).
2 ORD. NO. 22-96
4_. Designate by name and location the plant material to be
installed or preserved.
5_. Show location of overhead lines and utility easements.
6_. Show proposed or existing locations of refuse areas and
methods of screening.
7_. Show proposed or existing locations of free standing signs.
2~ Review: The Landscape Compliance Review Committee is hereby created.
Landscape plans for the upgrading of existing properties shall be reviewed by the Landscape
Compliance Review Committee. The Committee will be comprised of two people from the
Planning and Zoning Department, two people from the Community Improvement Department and
the City Engineer. The City Manager will appoint the staff members to the Committee. The
purpose of the Committee will be to review landscape plans for existing duplex, industrial,
commercial and multi-family properties to determine if the plans meet the minimum required
standards.
3~ Appeals: Appeal from the Landscape Compliance Review Committee shall
be tO the Site Plan Review and Appearance Board or the Historic Preservation Board as
applicable. Appeal fi.om the Site Plan Review and Appearance Board or the Historic Preservation
Board shall be to the City Commission.
~ Relief: Relief fi.om the provisions of this Section shall only be granted
,..at .... o:'27 ~'~'~ ..... ,~.^~a
through the waiver process [Section 2.4.70])] except ,u..~ ,,.,.,j ..........to grant a
.... : ....~,-,-,,'v, ,1~.... ,,, ,:~l~ ..,,,~C*kl~ e~4-;,-,~ ~k,.H k~ .~ the City C ommission~ Sit e Plan Review and
Appearance Board or Historic Preservation Board as applicable.
Section 3. That Chapter 4, "Supplemental District Regulations", Section 4.6.16,
"Landscape Regulations" of the Code of Ordinances of the City of Delray Beach, is hereby
amended by amending Section 4.6.16(H), "Minimum Landscape Requirements", by amending
subsection 4.6.16(H)(4), "Existing Multiple Family, Commercial, and Industrial Development", to
read as follows:
(4) Existing Multiple Family, Duplex~ Commercial, and Industrial
Development: All existing multi-family units, duplexes, and commercial and industrial uses that
.._.:1...... r~...^~.~....,,.,,..,, I, 1 ~c,~...., +~,,, comply with the minimum standards for landscaping as follows:
(a) Provide for perimeter landscaping adjacent to public rights-of-way
to screen vehicular parking, open-lot sales, service and storage
areas to the extent physically possible and deemed feasible by the
Renew Co~ttee. Eli~nation of p~ng spaces required by
3 ORD. NO. 22-96
code will not be permitted to upgrade landscaping, however, the
deletion of parking spaces in excess of code requirements will be
required if they are in areas that will facilitate the required
implementation of the minimum landscape requirements for existing
development contained herein.
· -~ right -
(b) Provide sod and irrigation within the ........ .~ _~ :~. ~..uA
of-way between the property line and the edge of pavement of the
adjacent .a_~., ~,,
_~,, .... way travel lane. The removal of existing asphalt
may be required within the area between the property line and the
edge of pavement of the adjacent travel lane.
(c) Provide screening for all dumpsters and refuse areas and all ground
level air-conditioning units and mechanical equipment. Adequacy
of screening shall be determined by the Site
Landscape Compliance Review Committee.
(d) Foundation landscaping shall be provided for building elevations
that are visible from adjacent fights-of-way.
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
that the part declared to be invalid.
Section 5. That all ordinances or parts of ordinances which conflict herewith be and the
same is hereby repealed.
Section 6. That this ordinance shall become effective at~er its 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
4 ORD. NO. 22-96
MEETING OF: APRIL 15, 1996
AGENDA ITEM: IV. E. AMENDMENT TO LDR SECTIONS 4.6.16(B), (C),
AND (H)(4) WHICH RELATES TO COMPLIANCE
WITH MINIMUM LANDSCAPE REQUIREMENTS
FOR EXISTING PROPERTIES
The item before the Board is that of making a recommendation to the City Commission
regarding amendments to LDR Sections 4.6.16(B) A.D.DlicabilitY, (C) Com.olian{;e and
Relief, and (H)(4) Existing Multiple Family Commercial. and Industrial Develooment of
the Landscape Regulations within the Land Development Regulations (LDR's)
regarding compliance with minimum landscape requirements for existing properties.
With the adoption of the LDR's in October, 1990, a landscape ordinance was approved
which set forth minimum landscape requirements for all existing properties with the
exception of single family residences. These landscape requirements became effective
on October 1, 1993, and in general require the following upgrades to properties:
· provision of perimeter landscaping around parking lots adjacent to public
rights-of-way;
· screening dumpsters;
· provision of foundation landscaping for those sides of the buildings visible
from adjacent rights-of-way; and
· provision of sod and irrigation in the swale areas contiguous to the subject
property.
In 1992, the City issued courtesy violation notices, and in 1994, began the task of
issuing the actual Notice of Violation. To date approximately 50% of the cited properties
have come into compliance with the minimum landscape requirements. The ordinance
has now been enforced for approximately two years. Several problems with the original
language have been discovered, and need to be changed to better enforce the original
intent of the code, clarify wording, and provide a description of the review process.
P&Z Board Memorandum Staff Report
LDR Text Amendment
Page 2
LDR Section 4.6.16(B) Applicability_
The proposed changes to this section in general clarify that the landscape regulations
apply only to those single family residences built after October 1, 1990; and provides
specific language that all existing developments (i.e. commercial, industrial, and
multiple family developments including duplexes, but excluding single family dwellings)
are required to comply with the minimum landscape requirements regardless of when
they were built.
As currently written, duplexes are not specifically listed as a structure which needs to
comply with the minimum landscape requirements. In addition, the current code only
requires that properties built prior to 1971 comply. This was the year that the
Landscape Regulations were adopted, and it was presumed that the landscape plan of
record for properties built after 1971 could be referred to for compliance, and properties
could be cited under the maintenance provisions of the code. However, the landscape
plan of record for the property could not always be found or provided. Also, some of
the provisions in the minimum landscape requirements such as the screening of
dumpsters, providing sod and irrigation in the right-of-way, and the provision of
foundation plantings were not requirements in 1971. The revised ordinance will apply
to all existing developments regardless of when they were built.
LDR Section 4.6.16(C) Compliance and Relief
Under the Compliance section, distinctions will be made between the requirements in
the preparation of the plans submitted for new structures and requirements in the
preparation of plans submitted for upgrading existing properties due to the minimum
landscape requirements. Provisions for Review and Appeals will be added to this
section. The Landscape Compliance Review Committee will be officially created to
review the landscape plans for existing developments to determine if the plans meet
minimum required standards. Appeals from the Landscape Compliance Review
Committee will be to the Site Plan Review and Appearance Board or the Historic
Preservation Board, with a provision for appeals from these Boards to the City
Commission. The Relief section for waivers remains the same.
LDR Section 4.6.16(H)(4) Existing Multiple Family. Commercial. ,end Ind~jstrial
Development
This section of the code explains what type of upgrades are required of existing
properties to comply with the minimum landscape requirements (i.e. provision of
perimeter landscaping adjacent to rights-of-way, screening of dumpsters, etc.).
Proposed changes to this section include clarification that duplexes are considered a
multiple family structure which must comply with minimum landscape requirements, and
P&Z Board Memorandum Staff Report
LDR Text Amendment
Page 3
the 1971 date has been removed for reasons as described above.
The Landscape Compliance and Review Committee is given the authority to approve
the plans for compliance with minimum landscape requirements for existing properties
instead of the Site Plan Review and Appearance Board or the Historic Preservation
Board, which will expedite the process. Lastly, the code states that sod and irrigation is
to be provided within the unpaved portion of the right-of-way between the property line
and the edge of pavement of the adjacent travel lane. This item has been changed to
include language which may require the asphalt to be removed within this area. The
removal of asphalt will help to eliminate extensive areas of paving within the rights-of-
way that impede drainage.
1. Continue with direction.
2. Recommend approval of the LDR amendments to Section 4.6.16(B), (C), (H)(4).
3. Recommend denial of the LDR amendments with reason stated.
By motion, recommend approval of the amendments to LDR Sections 4.6.16(B)
Applicability, (C) Compliance and Relief, and (H)(4) Existing Multiple Family
Commercial. and Industrial Development. of the Land Development Regulations to the
City Commission.
Attachments:
· Ordinance By Others
258 N.E. 22nd Rtr~t
Delray Beach, Florida 33444-4224
May ?th, 1996
Dear Commissioner Karen Kiselewski:
I have several questions I would like to present to you.
Do you have anything against Senior Retired citizens?.
If yes, Why?
Do you have anything against a person who years ago bought a
small 75 foot by 175 f~ot lot tb build a h~use on?
If yes, Why?
Do you have anything against Campers?
If yes, Why?
Do you believe that someone should be able to enjoy their
retirement years.
If No, Why?
Do you believe that certain rules and regulations might be made so
that they could better apply to all case~.
If No, Why?
Thank you for reading this list as I would like to ask permission
to comment on them as it applies to my case at the Commissions
meeting tonight.