06-20-95 Regular
DElRA' BEACH
b.e:d
CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING ~1I'AmericaCit,
JUNE 20, 1995 - 6:00 P,M,/PUBLIC HEARING 7:00 P,M, '1111
COMMISSION CHAMBERS
The City will furnish appropriate auxiliary aids and services where
necessary to afford ap 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.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by
the City Commission with respect to any matter considered at this
meeting, such person will need to ensure that a verbatim record includes
the testimony and evidence upon which the appeal is based. The City
neither provides nor prepares such record.
AGENDA
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda Approval.
Action: Motion to Approve.
5. Approval of Minutes:
Regular Meeting of May 16, 1995
Regular Meeting of June 6, 1995
Special Meeting of June 13, 1995
6. Proclamations:
A. Parks and Recreation Month - July 1995
B. Code Enforcement Officer Appreciation Week - June 12-18, 1995
7. Presentations:
8. Consent Agenda: City Manager recommends approval.
A. FINAL PLAT/HANOVER SOUARE REPLAT: Approve the final plat for
Hanover Square Replat which will incorporate portions of the
common areas into the individual lots.
B. FINAL PLAT/THE CORNICHE: Approve the final plat for The
Corniche, which will relocate a 24' access easement for the
City.
C. FINAL PAYMENT TO HAZEN AND SAWYER/WATER MAIN EXTENSIONS ON
BARWICK AND LAKE IDA ROADS: Approve deduct Change Order in the
amount of $3,404.53 and final payment in the amount of $802.80
to Hazen and Sawyer for consulting services in conjunction with
the 12" water main extensions on Barwick Road and Lake Ida
Road, with funding from 440-5179-536-63.55/63.56.
D. REJECTION OF BIDS/MORlKAMI PARK WELL CONSTRUCTION: Reject the
bids received for the construction of three (3 ) wells and
associated pipeline at Morikami Park, and authorize staff to
re-bid the project.
E. CONTRACT RENEWAL/HEALTH AND REHABILITATIVE SERVICES CHILDREN'S
SUBSTANCE ABUSE GRANT: Approve the 1995/96 contract with the
Florida Department of Health and Rehabilitative Services
regarding the Children's Substance Abuse grant of $28,086.
F. LICENSE AGREEMENT WITH PALM BEACH COUNTY/PARADE PARKING:
Approve a license agreement with Palm Beach County permitting
the use of the South Coµnty Courthouse parking lot during the
parade on July 1, 1995, between 5:30 and 8:30 p.m.
G. RESOLUTION NO. 46-95: Approve a resolution extending the
sunset date for the Seacrest Property Task Team through August
2, 1995. This date coincides with the expiration date of the
Right of First Refusal for the property acquisition.
H. RESOLUTION NO. 44-95: Approve a resolution assessing costs for
abatement action required to remove junked and/or abandoned
vehicles on four properties within the City.
I. N.C.I.C./F.C.I.C. USER AGREEMENT: Approve revised N.C.I.C/
F.C.I.C User Agreement as requested by the Florida Department
of Law Enforcement.
J. AWARD OF BIDS AND CONTRACTS:
1. Bid award - to Ray Qualmann Marine Construction, Inc. in
the amount of $172,010 for the reconstruction of seven
seawalls at various locations, from 334-3162-543-61.93.
2. Contract award - renew contract award to Davis Water and
Waste Industries, Inc. for a 15 month term ending
September 30, 1996, for maintenance and chemical supply
for wet scrubbers located at lift stations 1, 4, 11, and
80. Total annualized increase is $7,200 for a revised
annualized contract of $31,200, with funding from
441-5144-536-52.21.
3. Bid award - to Don Miller Patriot Fence for fencing the
expansion area of the cemetery, with funding in the amount
of $14,565 from 667-4511-539-61.77.
9. Regular Agenda:
A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Consider
accepting the actions and decisions made by the Planning and
Zoning Board, Site Plan Review and Appearance Board and the
Historic Preservation Board during the period June 5 through
June 16, 1995.
B. . PRELIMINARY LANDSCAPE PLANS/WEST ATLANTIC AVENUE GATEWAY PARKS:
Consider the preliminary landscape plans for the West Atlantic
Avenue Gateway Parks (a/k/a I-95 mini-parks) as presented by A.
Grant Thornbrough.
C. RESOLUTION NO. 45-95: Approve a resolution authorizing the
City to apply for funding through Beautiful Palm Beach, Inc.,
for the 1995/96 State and County Thoroughfare Beautification
Grant Program.
D. PURCHASE AGREEMENT/LAKEVIEW GOLF CLUB. INC. (RESOLUTION NO.
47-95): Consider Contract for Purchase of Lakeview Golf Club,
Inc.
E. PROPOSED 1995'UTILITY TAX REVENUE AND IMPROVEMENT BOND ISSUE/
LAKEVIEW GOLF COURSE FINANCING: Consider the proposed 1995
Utility Tax Revenue and Improvement Bond Issue for the Lakeview
Golf Course Financing.
F. AUTHORIZE PUBLIC FINANCIAL MANAGEMENT/LAKEVIEW GOLF COURSE
FINANCING: Authorize Public Financial Management to provide
financial advisory services in conjunction with the proposed
1995 Utility Tax Bond Issue for Lakeview Golf Course.
G. SETTLEMENT AGREEMENT AND RELEASE BETWEEN THE CITY AND
ACCORDIA/ANTHEM: Consider with Accordia/Anthem Insurance
Company offering settlement of the premium tax due for FY
88-89.
H. REJECTION OF BIDS/LIFT STATION 50 YARD PIPING: Consider the
rej ection of all bids for Lift Station 50 yard piping and
authorize staff to readvertise the project with a reduced scope
of work.
I. DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF CITIES ANNUAL
CONVENTION: Designate a voting delegate to the 69th Annual
Convention of the Florida League of Cities to be held August
17-19, 1995, at Kissimmee.
J. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint a
member to the Historic Preservation Board to fill an unexpired
term ending August 31, 1996. Appointment by Commissioner
Smith.
K. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY: Appoint a
member to the Community Redevelopment Agency for a four year
term ending July 10, 1999. Appointment by Mayor Lynch.
L. PARK IMPROVEMENT PRIORITIES:
M. REJECTION OF BIDS/ROAD RECONSTRUCTION PROJECTS (WEST) :
Consider rejection of all bids for road reconstruction projects
(West) and authorize staff to readvertise the proj ect with a
reduced scope.
10. Public Hearings:
A. ORDINANCE NO. 29-95: An ordinance annexing a 4.17 acre parcel
of land located on the west side of Military Trail,
approximately 1,400 feet south of Atlantic Avenue; establishing
initial zoning of POC (Planned Office Center) District, and
·
providing for a small scale land use plan amendment to affix an
official City land use designation of Transitional.
B. ORDINANCE NO. 31-95: An ordinance reestablishing the SAD
(Special Activities District) zoning classification for Marina
Delray, located at the southeast corner of George Bush
Boulevard and Palm Trail.
C. ORD I NANCE NO. 30-95: An ordinance correcting the Future Land
Use Map desigriation from General Commercial and Transitional to
Commercial Core for property located south of Atlantic Avenue
on the east side of S.E.lst Avenue and the east and west sides
of S.E. 2nd Avenue (small scale amendment) .
D. ORDINANCE NO. 32-95: An ordinance rezoning properties located
along the F.E.C. Railroad corridor in the downtown area from
CBD (Central Business District) , in part, GC (General
Commercial) District, in part, and SAD (Special Act;.ivities
District) , in part, to CBD-RC (Central Business District -
Railroad Corridor) .
E. ORDINANCE NO. 33-95: An ordinance amending Section 4.4.13(H),
Central Business District Special Regulations, of the Land
Development Regulations by deleting the special use provisions
for the light industrial area along the F.E.C. Railroad
corridor in the downtown area.
F. ORDINANCE NO. 34-95: An ordinance amending the Land
Development Regulations by enacting a new subsection 4.5.1(M),
"Tax Exemption for Historic Properties", to authorize a partial
ad valorem tax exemption for qualifying improvements to
historic properties.
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. 35-95: An ordinance repealing Chapter 110,
Occupational License Generally, of the City Code of Ordinance,
and enacting a new Chapter 110 providing for the adoption of
recommendations put forth by the Occupational License Equity
Study Commission. If passed, public hearing on July 11, 1995.
13. Comments and Inquiries on Non-Agenda Items.
A. City Manager
B. City Attorney
C. City Commission
· .
CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - JUNE 20. 1995 - 6:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE AGENDA IS AMENDED AS FOLLOWS:
ADD ITEM 9. N. TO THE REGULAR AGENDA. AS FOLLOWS:
PINEAPPLE GROVE MAIN STREET PROPOSAL CONCERNING RAILROAD DEPOT
LOCATION: Consider a proposal from Pineapple Grove Main
Street to locate the historic Railroad Depot in Pineapple
Grove on the west side of N.E. 2nd Avenue, between the
east/west alley and the Love's Building within Block 76.
-
WHEREAS, recreation enhances the health and
well-being of people of every age, young and old, able and
disabled; and,
WHEREAS, . the importance of recreation must be
continually reemphasized in a technologically advanced
society such as ours; and,
WHEREAS, all citizens can enjoy self-renewal in
the out-of-doors through gree~ spaces and facilities in
parks; and,
WHEREAS, our State Parks are major attractions
each year, not only for our own citizens, but also for the
millions of visitors to Florida; and,
(!ounne.S
WHEREAS, other governmenta~odies, such as the
Federal Government, cities and eount.L.!.t=s, also maintain
parks and playgrounds for the benefit of residents and
visitors; and,
WHEREAS, we, as a nation, must have an awareness
of the potential value to us of leisure and recreational
activities.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby proclaim July, 1995, as
PARKS AND RECREATION MONTH
in Delray Beach, Florida, and urge that attention be
directed to the many ways in which park, recreation and
civic groups, public schools, private organizations, and
other agencies may expand recreation facilities and programs
so every citizen will have the opportunity to develop
meaningful and satisfying leisure activities.
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 20th day of June, 1995.
MAYOR
THOMAS E. LYNCH
SEAL
h.A·
of(
~.
WHEREAS, Code Enforcement Officers provide for the
safety, health and welfare of the citizens in the community
through the enforcement of building, zoning, housing, animal
control, fire safety, environmental and other codes and
ordinances; and,
WHEREAS, every day, assisted by support and
program staff, they attempt to provide quality customer
service to the public for the betterment of the community;
and,
WHEREAS, too many times, their success stories and
ability to achieve corrective action go unnoticed, even
though code compliance has been accomplished, due to their
efforts and expertise; and,
WHEREAS, Code Enforcement Officers are dedicated,
well-trained and highly responsible individuals who take
their jobs seriously and are proud of their departments and
the local government within which they serve; and,
WHEREAS, the Florida Association of Code
Enforcement, Inc. known as F.A.C.E has declared the second
week of June to be set aside by local governments to honor
and recognize their Code Enforcement Officers.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby proclaim June 12 through June 18,
1995 as
CODE ENFORCEMENT OFFICERS APPRECIATION WEEK
in the City of Delray Beach, Florida, in accordance with the
state-wide observance of the same and encourage all citizens
of the City of Delray Beach to join this Commission in
expressing appreciation for the dedication and outstanding
service provided by the individuals who serve as our Code
Enforcement Officers.
IN WITNESS WHEREOF, I have hereunto set my hand
and caused the Official Seal of the Ci ty of Delray B€;¡3.ch,
Florida, to be affixed this 20th day of June, 1995.
MAY 0 R
THOMAS E. LYNCH
SEAL
~ .8 -
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER Wt1
SUBJECT: AGENDA ITEM # ¡. A· - MEETING OF JUNE 20, 1995
FINAL PLAT/HANOVER SQUARE REPLAT
DATE: JUNE 16, 1995
This is before the Commission to approve the final plat for the
Hanover Square replat, which will incorporate portions of the
common areas into the individual lots. The minimum open space
requirements have been met.
Recommend approval of the final plat for the Hanover Square
replat.
Agenda Item No.: ~.
AGENDA REOUEST
Date: June 13. 1995
Request to be placed on:
~ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: June 20. 1995
Description of item (who, what, where, how much): Approval of final plat for
Hanover Square replat { see attached}. This replat will incorporate portions of
the common areas into the individual lots. The minimum open space requirement
is met.
ORDINANCE/RESOLUTION REQUIRED: YES~RAFT ATTACHED YES~
Recommendation: Staff recommends approval of Hanover Square replat.
Department Head Signature: ~~~- -- jJ +ffif:Ç
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda: @/NO ø1
Hold Until:
I
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
AGTAC613.MRM
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: David T. Harden
city Manager
FROM: Dan Beatty, P~
City Engineer ~/
DATE: June 13, 1995
SUBJECT: Agenda Request
Hanover Square Replat
Attached is an agenda request and supporting information for
Commission approval at the June 20, 1995 regular Commission
meeting of the Hanover Square replat. Previous comments
from staff have been adequately addressed, therefore staff
recommends approval of the subject replat.
DB: mm
File: TAC
DBHAN613.MRM
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # r¡.[3. - MEETING OF JUNE 20, 1995
FINAL PLAT/THE CORNICHE PROPERTY
DATE: JUNE 16, 1995
This is before the Commission to approve the final plat for the
Corniche property located on the east side of U.S. Highway #1,
approximately 600 feet south of S.W. lOth Street. The final plat
will provide the City with a 24 foot access through this property
to the MSA parcel to the east.
Recommend approval of the final plat for the Corniche property.
"
Agenda Item No.: y·8·
AGENDA REOUEST
Date: June 13, 1995
Request to be placed on:
--X-- Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: June 20, 1995
Description of item (who, what, where, how much): Approval of final plat for
The Corniche replat (see attached) . This replat will relocate a 24' access
easement for the City of Delrav Beach.
ORDINANCE/RESOLUTION REQUIRED: YES~RAFT ATTACHED YES~
Recommendation: Staff recommends approval of the Corniche replat.
Department Head Signature: (}4Jc ~ <:,¡, ý(~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda: @/NO flI1
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
AGCOR614.MRM
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Dan Beatty, P.~
city Engineer
DATE: June 14, 1995
SUBJECT: Agenda Request
Corniche Replat
Attached is an agenda request and supporting information for
Commission approval at the June 20, 1995 regular Commission
meeting of the Corniche replat. Previous comments from
staff have been adequately addressed, therefore staff
recommends approval of the subject replat.
DB:mm
File: TAC
DBCOR613.MRM
. ,
"
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER!J'I!1.
SUBJECT: AGENDA ITEM # <¡ . C . - MEETING OF JUNE 20 , 1995
FINAL PAYMENT TO HAZEN AND SAWYER/WATER MAIN EXTENSIONS
ON BARWICK AND LAKE IDA ROADS
DATE: JUNE 16, 1995
This is before the Commission to approve final payment in the
amount of $802.80 to Hazen and Sawyer for consulting services in
conjunction with extension of a 12" water main along Barwick Road
and Lake Ida Road. The project is complete and has been accepted
by the City for operation and maintenance.
The total amount approved for this work under Service Authoriza-
tion No. 19 was $53,870.00. Invoices, including this final pay-
ment amount, total $50,465.47, for a closeout deduct amount of
$3,404.53,
Recommend approval of final payment in the amount of $802.80 to
Hazen and Sawyer, with funding from the 1993 Water and Sewer Bond
- Barwick Road Water Main/Lake Ida Road Water Main (Account Nos.
440-5179-536-63.55 and 63.56).
Agenda Item No. q. C
AGENDA REOUEST
Date: 06/12/95
Request to be placed on:
XX Regular Agenda
special Agenda
Workshop Agenda When: 06/20/95
Description of item (who, what, where, how much): Staff requests
Commission approval of final payment to Hazen & Sawyer in the amount of
$802.80 for consulting services in conjunction with the 12" water main
extensions on Barwick Road and Lake Ida Road (PNs 93-075/077). The
proj ect has been completed and accepted for operation and maintenance.
Total invoices, including this final payment, total $50,465.47, for a
close out deduct amount of $3,404.53. Payment if from Purchase Order
#522876, funded from account #440-5179-536-63.55/63.56 (1993 W&S Bond,
Barwick Road Water Main/Lake Ida Road Water Main).
ORDINANCE/RESOLUTION REQUIRED: 1~'/NO DRAFT ATTACHED 1~'/BQ
Recommendation: Staff recommends approval of final payment to Hazen &
sawyer. lL ~
DBPARTMIINT II1!AD SIGNATURB: " ' ~ 03/95
Determination of consistency with comprehensive Plan:
city Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of
funds):
Funding availabl~/NO
Funding alternatives ~!~ (if applicable)
Account No. , Description 'f<fF1- Çf71- 53£ -b5.~i1's W-fSß,,~ 1...vV',qc~~-
Account Balance "':J../o?. /, 7 'l>o-/i- §;J.:J-x7t. WMt-'YL- /""/Mil/ M-1.w/ C(L ,2-'0
. . I.ft{D-!?t79- Ç-~6- &5. >-r:;{¡èfB /,(/-tS &~/ jÑ1PllcVerrt-tcvur>-
C1ty Hanager Rev1ew: ,. ').;0'3.1.(.. ;>0# c¡;.;;;;2B-76 " . Wkrt-?- jIA,471v'J Lft¡£F :T,J4 12ò,
~ M~ t:Ù:;/7\
Approved for agenda: E NO cn"A .
Hold until: [/1- I
,
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
"
MEMORANDUM
TO: David T. Harden ~
City Manager
FROM: Richard C. Hasko,
P.E.
Deputy Director of Public utilities
SUBJECT: FINAL PAYMENT - HAZEN & SAWYER
BARWICK/LAKE IDA ROADS
12" WATER MAIN; PN 93-075/77
DATE: June 13, 1995
Attached is an agenda request with a copy of a final invoice
from Hazen & Sawyer in the amount of $802.80 for consultng
services in conjuction with the extensions of a 12" water
main along Barwick Road and Lake Ida Road. The project has
been completed and accepted by the city for operation and
maintenance.
The total approved service authorization amount for this
work was $53,870.00. Invoices, including this final
payment, total $50,465.47, for a close out deduct of
$3,404.53.
Payment is from Purchase Order #522876, funded from Account
#440-5179-536-63.55/63.56 (1993 W&S Bond, Barwick Road Water
Main/Lake Ida Road Water Main).
RCH: jem
c: William H. Greenwood
victor Majtenyi
f: 93-075 (D) /077 (D)
.
"
HAzEN AND SAWYER Hazen and Sawyer, P. C,
2101 Corporate Blvd.
Environmental Engineers & Scientists Boca Raton. Fl33431
407 997-8070
Fax 407 997-8159
May 10, 1995
CITY OF DELRAY BEACH
ACCOUNTS PAYABLE
100 Northwest First Avenue
Delray Beach, Plorida 33444
project No. 93-75/77 H&S Job No: 4173
Purchase Order No. 522876 INVOICE 'NO. 15
Task Order No. 16
~
. . . . . . . .' .; ¡t.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . .0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
BARWICK ROAD/LAKE IDA ROAD WATER MAIN EXTENSION
Por providing preparation of specifications, contract drawings, pez:mit
applications, cost opinion, and part-time residence services during
construction for 12-inch Water Main Extension along Barwick Road/
Lake Ida Road. For the period ending April 30, 1995.
CONTRACT AMOUNT 53,870.00
AMOUNT EARNED THIS PERIOD 802.80
AMOUNT PREVIOUSLY EARNED 49,662.67
AMOUNT REMAINING 3,404.53
if.) ,P':b
~¡ ),"" .;¡-,.
t¡. 4è
..~, "1)
, \",..~ " 4 1 ~
'If !"~~D
4i ....
~4y
I I"
II "'" r.. /99
1/:' ," ',f' "; 'S
". ,:{ ~,i;!)! /:., <: ,; i' .'
. .'~:',' ~.:..
.....
New YOtII. NY . Atmon~. NY . Uppt/ SldclII River, NJ . Rattlgh. NC . C/IIIIGIII. NC . RIcIlmond. VA . ~. Fl ' 80ca Raton. Fl . Fort Plme. Fl . Jupiter, Fl . MIIm', Fl . BogOll, Q,e. Colombia
. ,
.
-
It\zEN AND SAWYER
HAZEN AND SAWYER, P.C.
For Professional Services rendered through April 30, 1995.
------------------------------------------------------------.---------
PROFESSIONAL PERSONNEL
HOURLY
CLASSIFICATION HOURS RATE TOTAL
Senior Engineer
Holland, J. 8.0 78.00 624.00
Project Engineer
Fleming, S. 4.0 44.70 _ 178.80
Total Labor 802.80
SUBCONTRACTORS
None this period.
Total Subcontractors 0.00
REIMBURSABLES
None this period.
Total Reimhursablès 0.00
TOTAL THIS INVOICE 802.80
. ,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER trJ<1.
SUBJECT: AGENDA ITEM # F· D. - MEETING OF JUNE 20, 1995
REJECTION OF BIDS/MORIKAMI PARK WELL CONSTRUCTION
DATE: JUNE 16, 1995
This is before the Commission to consider the rejection of bids
received for the construction of three wells and associated
pipeline at Morikami Park, and authorize staff to readvertise the
project.
An error in bid quantities as published changes the apparent low
bidder. While Florida Design Contractors was the apparent low
bidder based on the published bid proposal, Telcon, Inc, was
actually the low bidder, with Florida Design Contractors second.
Recommend rejection of bids received, and authorize staff to
readvertise the project.
Agenda Item No.s ~
AGENDA REQUEST
Dates 06/12/95
Request to be placed ons
XXX Regular Agenda
Special Agenda 06/20/95
Workshop Agenda Whens
Description of item (who, what, where, how much) s Staff requests Commission
consider the rejection of bids received for the construction 'of three (3) wells and associated
pipeline at Morikami Park. An error in bid quantities as published changes the apparent low
bidder when corrected and applied to the unit prices submitted by bidders.
ORDINANCE/RESOLUTION REQUIREDs ~S/NO DRAFT ATTACHED ~/NO
Recommendations Staff recommends Commission all bids for the Morikami Well field
roject and authorize readvertisement of
Department Head Signature: ~)f5
Determination of Consistency with Comprehensive Plans
City Att.orney Review/Recommendation (if applicable)
Budget D~~ector Review (required on all items involving expenditure of funds)s
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Reviews I
Approved for agendas €;>NO 8M
Hold Untils
Agenda Coordinator Reviews
Receiveds
Placed on Agendas
Actions
Approved/Disapproved
"
MEMORANDUM
TO: David T. Harden P.E.~
City Manager
FROM: Richard C. Hasko,
Deputy Director of Public utilities
SUBJECT: DISPOSITION OF BIDS
MORIKAMI PARK WELLFIELD
PN 94-001
DATE: June 13, 1995
Bids for the subject project were opened on June 1 and
reflected Florida Design Contractors as the apparent low
bidder for the work (bid tab attached).
In the process of analyzing the bids and preparing the bid
tabulation, the city's Consultant discovered an error in
quantities of cement and gravel pack in the bid proposal.
While Florida Design Contractors was the apparent low bidder
based on the published bid proposal, upon applying unit
prices in the bid packages to the correct quantities for
cement and gravel pack, Telcon, Inc. became the apparent low
bidder with Florida Design Contractors being second low
bidder. This was due to a significant difference in unit
price for the cement and gravel pack line items between the
two bids.
Due to the stated circumstances and to avoid potential bid
protests, the Consultant is recommending that the city
reject all bids and readvertise the project with corrected
bid documents (see attached correspondence). I have
discussed the situation with the city Attorney and we are in
concurrence with the consultants recommendation.
Please place this item on the June 20 Commission agenda for
action to reject all bids and readvertise the project.
RCH: jem
c: William H. Greenwood
Jackie Rooney
Susan Ruby
f: 94-001 (D)
.
"
.
®- Engineers
- Planners
ÆmI1llJ Economists
- Scientists
June 6, 1995
FLW30787.Ml
Mr. Richard Hasko, P.E.
Deputy Director, Public Utilities
City of Del ray Beach
434 S. Swinton Avenue
Delray Beach, FL 33444
Dear Mr. Hasko:
Subject: Preliminary Bid Tabulation for the Morikami Park Wellfield and Raw Water
Transmission Main - Contract No.2; City Bid No. 95-30
We have received the bid proposals from the subject project and have tabulated the results on
the attached table. Based on the base bid amounts, it appears that Florida Design Contractors
was the apparent low bidder at a price of $974,424.50. Our engineer's opinion of cost was
$922,200.
After closely reviewing the bid tabulations, it was apparent that the quantities of cement and
gravel pack for the well construction written in the bid form were underestimated, which was
due to typographic errors, By increasing the total quantities to the actual estimated amount,
the apparent low bidder's total price increases by $98,437 to $1,072,862. However, the unit
prices of the apparent low bidder for these items are much higher than most of the other bid
proposals, and if applied to the revised quantities, then the apparent third lowest bidder,
Telcon, would then have the lowest bid,
Based on our understanding of the situation, the City appears to have three options.
· Revise the quantities and award the Contract to Telcon as the apparent low bidder
· Award the Contract to Florida Design and then renegotiate the unit prices for the
increased quantities
· Re-bid the Contract
By revising the quantities and awarding to Telcon or awarding the Contract to Florida Design
and then negotiating a change order, an opportunity opens up for other Contractors to pro-
test. Since this project is not on a fast-track, we recommend that the bid form be revised and
Southeast Florida Office Hillsboro Executive Center North, 800 Fairway Drive, 305 426-4008
Suite 350, Deerfield Beach, FL 3344 7 - 783 7 Fax No, 305698-6070
·
Mr. Richard Hasko
Page 2
June 6, 1995
FLW30787.M1
that the project be re-bid. We can at that time provide you with a revised engineer's opinion
of cost.
Please advise us on the City's selected course of action. If you have any questions, please call
me at 737-6665.
Sincerely,
CH2M HILL
~~
imot~~ Sha;{%-
Project Manager
DFB 1 00 14 7F3 .DOC
cc: William Greenwood/Delray Beach
Walter Schwar:zJCH2M HILL
Rick Nevulis/CH2M HILL
Paul Hillers/Hillers Engineers
. .
.
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·
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERfì'í1
SUBJECT: AGENDA ITEM # f·f - MEETING OF JUNE 20, 1995
CONTRACT RENEWAL/HEALTH AND REHABILITATIVE SERVICES
CHILDREN'S SUBSTANCE ABUSE GRANT
DATE: JUNE 16/ 1995
This is before the Commission to approve the fiscal year 1995/96
contract with the Florida Department of Health and Rehabilitative
Services regarding the Children's Substance Abuse grant.
The purpose of the $28,086 grant is to provide drug prevention
services (Excel Focus Five) to 5th grade children living within
the CDBG target area and who attend pine Grove Elementary School.
Current year 4th graders who would benefit from the program have
been identified for the program which will begin September, 1995.
Services to be provided include golf, tennis, music lessons, and
parenting skills. The activities will be funded by this grant,
plus approximately $17,000 in matching dollars provided by MAD
DADS.
Recommend approval of the contract with the Florida HRS regarding
the Children's Substance Abuse grant.
Agenda I tern No. : <¡.£
AGENDA REQUEST
Request to be placed on: Date: 6/13/95
Regular Agenda
Special Agenda
Workshop Agenda
X Consent Agenda When: 6/20/95
Description of item (who, what, where, how much): APPROVAL TO'
RENEW CONTRACT FROM HRS REGARDING THE CHILDREN'S SUBSTANCE ABUSE GRANT TN THE
AMOUNT OF $28,086. THIS GRANT IS FOR STATE FISCAL YEAR 7/1 IQ, THROTTGH n/iO/Qn.
CONTRACT WAS PREVIOUSLY REVIEWED BY CITY ATTORNEY 3/95.
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: STAFF RECOMMENDS APPROVAL
(Example: Recommend approval with funding from Special Events
Account No. 001-3333-555-44.55).
Department Head Signature: ~ ~.-_.=
{/ ¡
City Attorney Review/ Recommendation (i applicable):
Budget Director Review (required on all items involving
expenditure of funds):
Funding available: YES/NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: ~NO e?J 1k-.;J:fJ #~ M-
Hold Until: ~~~
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
. ..
"
Memorandum
To: David Harden, City Manager
CC: Lula Butler, Community Improvement Director Lb
From: Dorothy Ellington, Community Development Coordinator Q{:
Date: June 13, 1995
Subject: Contract Approval/Children's Substance Abuse Grant
ITEM BEFORE THE COMMISSION
This is to request approval of the Fiscal Year 1995-96
Contract with the Florida Department of Health and
Rehabilitative Services (HRS). This represents a renewal of a
contract first approved by Commission in March 1995 for the
fiscal year ending June 30, 1995.
BACI(GROUND
We were awarded this Block Grant in December 1994. The
purpose of the grant is to provide drug prevention services
(Excel Focus Five) to 5th grade children living within the
CDBG target area and attending Pine Grove Elementary
School. The 7/1/95 - 6/30/96 grant amount totals $28,086.
During the period since March 1 995, we have hired a part
time program coordinator who has been responsible for
planning the program which begins in September 1995 as
school begins. We have worked with Pine Grove School in
identifying current year 4th graders who would benefit from
this program, met with their parents and teachers and
obtained commitments from various providers who will
.
contribute to the success of the program. The services to be
provided will include golf, tennis and music lessons as well as
parenting skills/counseling. Also the children enrolled in Excel
Focus Five will benefit from various educational field trips.
The planned activities will be funded by this grant plus
approximately $1 7,000 in matching dollars provided by MAD
DADS. MAD DADS has been successful in fund raising
on behalf of Excel Focus Five.
The contract was previously reviewed by the City Attorney's
office in March. There are several minor changes to our
contract which expires June 30:
1. Exhibit B - Invoice - The contract rate has been
reduced from $24.10 to $23.74 in accordance with legislative
reductions to the overall HRS budget;
2. Section III A: Effective and Ending Dates -
7/1/95 thru 6/30/96;
3. Attachment I - Item C Method of Payment
represents an increase in the dollar amount of the grant and
required match due to the increase in the time we have to
implement the grant ( from approximately 3 months to our
new period of 1 year.)
RECOMMENDATION
Staff recommends approval of this contract so that we may
continue this important drug prevention program.
. ,
-~, ~...
7/1,'95
Contract No, Client 0 Non-Client 0
CFDA No, Multi-District 0
Grants and Aids
STATE OF FLORIDA
DEPARThŒNT ,OF HEALTH AND REHABILITATIVE SERVICES
STANDARD CONTRACT
THIS CONTRACT iš' entered into between the State of Florida, Department of Health and Rehabilitative
Services, hereinafter referred to as the "department", and The Ci tv of Delrav Beach
,
hereinafter referred to as the "provider".
THE PARTIES AGREE:
I. THE PROVIDER AGREES:
2. To provide a financial and compliance ¥~it to th~
A.Requirem~nts or Section 287.058, FS , department as specitied in Attadiment and
To ~ubmit bills for fees Qr ,other cO,mp'~nsation for tQ ensure that all. related party transactions Jrè
services or exp~nses ¡¡¡ sufficient detail for a proper disclosed to the auditor.
pre-audit and post-audit thereof. Where applicaole, to .
submit bills for aI1Y travel expenses in accordance with 3. To include these aforementioned audit and reclIrd
section 112.061, FS. The department may, when keeping requirements in all approved subcontracts
specitìed in Attachment I, establ isl1 rates lower than the ana assignments.
maximum provided in section 112.061, FS. To provide
units of deliverables, including reports, findiDgs, and 4. To maint'tin and f)le with the departmen,t. suçh
drafts as specitied in Attachment I, to be received and progress, hscal and Inventory reports as speclhed In
accepted by the con!rac.t mana~er prior to paym.ent. To Ättachmept I,. al1d other ~eports a.s the department
comply With the cntena and tìna1 date by which such may reqUire Within the penoö of thIS contraq, . Such
criteria must be met for completion of thiS contract as reporting requirements must be reasonable glW/1 th~
~ecitied in Section III, Paragraph A. of this contract. scope anä purpose of this contract.
To allow public access to all ãocuments, papers! letters
or other materials subject to the provisIOns or D.Retention or Records
Chapter 119l FS, and made or received by the provider To retain all client records, tinancial recorJs.
in conjunction with this contract. It is expressloX supporting documents, statistical records, and any
understood that substantial evidence of the provider s otfier documents (including electronic storage med iai
refusal to comply with this provision shall constitute a pertinent to this contract for a period of tive (5) years
breach of contract. after termination of the contract, or if an audit has bt~n
initiated and audit tindings have not been resolved at
B.Federal Laws and Regulations the end of tive (5) years, the records shall be retained
1.If this contract contains federal funds, the j)rovider until resolution of the audit tindings. The provida
shall comply' with the provisions of 45 CFR, Part will cobperate with the department to facilitate t"~
74, and/or ~5 CF~ Part 92, and other applicable duplication and transfer of any said recorJs (Ir
regulations as specif1ed in Attachment 1. documents during the required retention period.
2.If this contract contains federal funds and is over E.Monitoring
$100,000, the provider shall comply with all Persons duly authorized by the department and federal
applicable standards" orders, or regulations issued auditors¡ pursuant to 45 CFR.. Part 92.36(i)(10), shall
under Section 306 or the Clean Air Act, as amended have ful access to and the rignt to examine any of saiù
(42 V.S.C. 1857(h) et seq.) Section 508 of the records and documents at an reasonable times durin"
Clean Water Act, as amended (33 V.S.C. 1368 et said retention period or as long as records are retaine~
seq.), Executive Order 11738, and Environmental whichever is later, including any re~ords, papl:rs.
Protection Agency regulations (40 CFR Part 15). documents, facilities relevant to tfiis contract. anJívr
The provider shall r.eport any violations of the above interview aoy cli.e~ts and emv.1oyees of the proviJer tl)
to the department. be assured of satisfactory perlormance of the terms am!
. . . ..' conditions of this. co.ntr~ct. Following .such i~spec~i~1n
3,If this contract contaq1s federal fund~~g In excess of the departme~t wll1 äellver to the provider a list ~Ü Its
$lOO,QOO, the provider must, j)flor to contract comments With regard to the manner in which said
execuqon, complete the CertitTcqtion Regarding goods or services are being 'provided. The provic!èr
Lqbbymg form, Attachment N I A . If a will rectify all noted detIcle~~§ provided by the
Disclosure qf Lobþying. Activities torm, Standard øepartment within the specitied pe1'loá of time s~t forth
Form LLL. IS reqUired, I~ may be obtamed from the In the comments or provide tfie department with a
contract mapage~. Al1 dlsc,losure forIps as required reason~ble and acceptable justitication for nut
by the Certification Regardmg Lobbymg form must correctmg the noted sl}Q.rtcommgs. The proviu~r's
be completed and returned to the contract manager. failure to correct or justi:ty within a reasonable time as
. specitied by the department may result in the
C.Audlts anØ R~ords withholding of payments being deemed in breach llr
1.1',0 m~lntam boqks, records, and documents default, or termmation of'this contract.
(lI.1cludmg electronic storage media) in accordance
wnh ,general!y acc~IMd accounting procedures anù F.lndemnification
practices whIch sutfi~lently ªnp Rroperly'. retlect all Provider agre. es that it will indel!lnify, defend. arllt hl1 J
revenut:s and expençJ¡tures at funus provIded by the harmless áepartment anJ aJl ot Je!)artlllent's otf ¡c.l·rs,
department under this contract. agents, and employees from ,my c aim. loss, danu'L'.
t
i ~f,~
CeI:;\" CI1,li¡2.C:, Oi' ~xl:el\.>e arising out of any acts, working days will result in a penal tv ..:hargeJ J!2Jir.<!
a..:tiuIls. neglel't or omission by provider. its agents the provider and paid to the subï::ontrJdur in the
employees, or suowntra-:ts dunnÆ the performance ot amount of one-halt of one (1) percent of th~ :u:wunt
the cuntract, whether direct or in ¡rect, and whether to due, per day from the expiration of the peril ~J
any person or property to which deRartment of said allowed herem for Rayment. Such p'enaJty sliJl¡ r~
parties may be subject, except that neither provider nor in addition to actual payments oweëI and shall ~I)t
allY of its subcontractors will be liable under this exceed tifteen (15) percent of the outstanding haLm..:.;
sèctiun for damages arisinH out of injury or dama.lfe to due.
(1èlsuns or property direcfty caused or resuJting rom J. Return of Funds
the. sole negligence of the department or any of its
ol!lœrs. agents, or employees. To return to the department anrc overpayments Ju..: tl)
Provider's obligation to indemnify, defend, and Æay for unearned funds or funds disal owed pursuant t,l :~ç
terms of this contract that were disbursed tu the
the defense or at the department's oRtion, to pa Ïclpate provider by the department. The provider shall rètur'1
and associate with the department in the defense and any overPayment to the department within 40 calènJar
. tridl of any claim and any related settlement dars after either discovery by the provida. or
negotiations, shall be tri~ered by- the department's no ification br the department, of the overpayment. In
notice of claim for in emnification to provider. the event tha the provider or its indegendent audiwr
Provider's inabilitr to evaluate liability or its discovers an overpayment has been ma e, the grovidt:r
evaluation of liabili y shall not excuse srovlder's duth shall repay' said ove~ayment within 40 calen af dJ\'s
to defend and indemnify within seven ays after suc without s;ior notifica ion from the department. 1n the
notice by the department is Niven by registered mail. event at the department tirst discovers an
Only an ad~udication or ju gment after the highest overpayment has been made, the department will notit\'
ap~eal is ex austed sp.ecifically tinding the department the provider by letter of such a tinding, ShoullJ
so ely ne~igent shaH excuse performance of this repayment not be made in a timely manner. the
provIsion ~ providers. Provider shall pay all costs department will charge interest of one 01. percent per
and fees re ated to this obligation and its enforcement month comÆounded on the outstanding ba ance after 40
by the de~artment. Department's failure to notify calendar ays after the date ot notitication or
provider 0' a claim shall not release' provider of the discovery.
above duty to defend. K.Incident Rerrting ,
G. Insurance 1. Client Ris Prevention
1. To provide adequate )iabi)i~ insurance cover\e on If services to clients will be provided under this
a comprehensive basis an to hold such lia ility contract, the provider and any' subcontractors shaJ 1.
insurance at all times during the existence of thiS in accordance with the client risk prevention sv~tem,
contract. The¡rovider acceI£s full responsibility for re~ort those re~ortable situations listed in 11RSR
identifying an determining e type(s} and extent of 2 5-6 Para§rap 5, in the manner p'rescrihed i r
liability msurance necessary to provIde reasonable HRSR 215- or district operating proceaures,
tinancÜù protections for the provIder and the cI ients 2. Abuse, Neglect and Exploitation Reporting
to be served under this contract. U~on the execution
of this contract, the wovider s all furnish the In compliance with Chapter 415, FS, an empll))'èè \'1
department written veri ¡cation supporting both the the provider who knows, or has reasonable cause tl;
determination and existence of such insurance sus~ect, that a childd aged person or disabled adult i~
coverage. Such coveraã; may be provided by a self- or as been abuse , ne~ected, or exploiteJ, shall
insurance prwram esta lished and ÇPherating under immediately report such nowledie or suspi..:iun ['
the laws of e State of Florida. e department the central abuse registry and trac ino system of ti,
reserves the right to re~uire additional insurance as department on the smÖle statewide tolf-free teleph, \11':
specitied in Attachment where appropriate. number (1-800-96AB SE).
2. If the ¡rovider is a state agency or subdivision as L.Transportation Disadvantaged
detine n s. 768.28, FS, ilie provider shall furnish If clients are to be transported under this contra..:t. th~
the depa ment, upon request, written veritication of provider will compS with the provisions of Chaptè'r
liability protection in accordance with s. 768.28, FS. ~27 FS and Rule hapter 41-2, FAC. The provlJè'r
Nothing herein shall be construed to extend a~ shalÌ submit to the department the re~orts requirç.J
~arty's liability beyond that provided in s. 768.2 , ~ursuant to Volume 10, Chapter 27, H S Accounting
S. rocedures Manual.
H,Safcouarding Information M.Purchasing
Not to nse or disclose an~ information concerning a ' l.PRIDE
recipient of services un er this contract for any It is agreed that any articles which are the suh~ect \1f.
pUJPose not in conformitš with the state reyulations or are required to carrk out this contract s :.il! h-:
an federal regulations (4 CFR, Part 205.50 , except ßurchased from Prison ehabilitative Industries and
upon written consent of the recmient, or his iversified Enternrjse~ Inc. (PRIDE) identitied
resp.onsible parent or guardian when au orized by law. under Chapter 9~ , F , in the same manner JnJ
under thepr~res set forth in subse.;tìlm~
I.Ac;signments and Subcontracts 946.515(2) and '\46, For purpoees of this contract.
I.To neither assign the responsibility of this contract to the provIder shal e deemed to be substituted fur th~
another ~al' nor subcontract for any of the work department insofar as dealings with PR1DE. Thi,
contemp ate under this contract without prior clause i~ not app'licable to subcontractors, unlç",
written approval of the department. otherwise requireä by law. An ahhreviated list ()f
products/services availahle from PRIDE m:ì'v' h:
2. Unless otherwise stated in the contract between the obtained by contacting PRIDE, (904) 487-3774,'
provider and subcontractor, payments made by the
rroviJer to the subcontractor must be within seven 2. Procurement of Materials with Recvcled Content
7) working da~s after receip.t of full or partial Additionally, it is expressly undersfooJ anJ c:~rc', ,;
~avments from t e department in accordance with s. that any products or materials which arc.' thè S Ì'!~::
_87.0585, FS. Failure to pay within seven (7) of, or are required to carry out this contnct ~hJ.1f be'
2
"
7/1/95
procured in accordance with the provisions of II. THE DEPARTMENT AGREES:
s. 403.7065, and 287.045, FS. A.Contract Amount
N.Civil Rights Re~uirements To pay for contracted services according to the
1. To comply wi all federalth state, and local laws and conditions of Attachment I in an amount not to exceed
ordinances apf.licable to e work or payment for $20(086.00 , su.bject .to the ayailability of
work thereo, includinfi the Americans With funas. "I he State of Florida's performance and
Disabilities Act, and sha not discriminate on the obligation to pay under this contract is contin!tent upon
grounds of race, color, relifiion, sex, age, handicm, an annual appropriation by the Legislature. he costs
national origin¡ £9litical aftl iation, or Beliefs, in e of services paid under a~{ other contract or from any
performance 0 IS contract. other source are not eligl Ie for reimbursement undà
this contract.
The provider agrees that com~liance with this B.Contract Payment
assurance constitut~ a condition 0 continued receipt
of or benetit from funds provided through thiS Pursuant to s. 215.422, FS, grovides that the
contract, and that it is binding upon the prov¡(ier, its department has five (5) workin~ a1;' to ins,Rect and
succors, transferees, and assignees for the period approve boods and services, un ess id specifications
during which services are provided. The ~rovider or the P. . specifies otherwIse. With the exception of
further assures that all contractors, subcon ractors, payments to liealth care providers for hospital, medical,
subgrantees, or others with whom it arranges to or other health care services, if payment is not
provide services or benetits to participants or available within 40 days, measured from the latter of
emtoyees in connection with an£¡ of its programs the date the invoice is received or the goods or services
an activities are not discrimina ing a~ainst those are received, insfected and approved, a separate
participants or employees in violation o' the above interest~enalt1J se by the Comptroller pursuant to s.
statutes, regulations, guidelines, and standards. 55.03, S, wi I be due and gayable in addition to the
invoice amount. To obtain t e a~'plicable interest rate,
2.Compliance Questionnaire please· contact the district Iscal office/contract
In accordance with HRSM 220-2, the provider administrator. Payments to health care providers for
Œrees to comlilete the Civil Rights Compliance hospitals, medical or other health care services, shall
uestionnaire, RS Forms 946 A and B, if services be made not more than 35 days from the date of
are provided to clients and if 15 or more individuals eligibility for pao/cment is determmed, and the monthly
are employed. interest rate is 1 o. Invoices returned to a vendor due
to preparation errors \yill result in a payment de,lay.
O.Withholdings and Other Benefits Invoice payment reqUirements do no start until a
The provider is re~onsible for Social Security and p'roperly completed invoice is provided to the
Income Tax withhol lß~s. The provider is not entitled êlepartment.
to state retirement or eave benetits exceflt where the
provider is a state aãency. Unless jus itied by the C.Vendor Ombudsman
p'rovider and agree to by the department in A Vendor Ombudsman has been established within the
Ättachment 1, the department will not furnish services D~artment of Banking and Finance. The duties of this
of support (~.g., office. space, offi.ce. supplies in Ividual include acting as an advocate for vendors
telephone service, secretarial, or clerical support} who may be experiencing problems in obtainin~imely
normally available to career service employees. ßayment(s) from a state a!ency. The endor
mbudsman may be contacte at (904) 488-2924 or
P .Sponsorshig 1-800-848-3792, the State Comptroller's Hotline.
As require by s. 286.75, .FS, if tþe provider is a
nongovernmental. orgamzatlon which sponsors a III. ~ROVIDER AND DEPARTMENT
proaram tinanced wliolly or in part by. state funds, M ALLY AGREE:
IOcfuding an~ funds obtained through tIiis contract, it A.Effective and Endin;, Dates
shall, in pu licizing, advertising or describing the
sponsorship of the program, state: "Sponsoreð by This contract shall e~n on JUl1fi 1, 1995
(provider's name) and the State of Florida, Department or on the date on whic the contract as been signed
of Health and Rehabilitative Services I. If the by both parties, whichever is later, and end on
s~onsorshjp reference is in written materiah the words June 30, 1996
"tate at Florida, Department of ealth and
Rehabilitative Services" sliall appear in the same size B.Termination
letters or type as the name of the organization. 1.Termination at Will
Q.Final Invoice This contract may be terminated by either party upon
rio less than thirty (30) calendar days notice, witliout
To submit the final invoice for paJ,ment to the cause, unless a lesser time is mutually a~reed upon
department no more than 45 ays after the by both parties. Said notice shall be de ivered by
contract ends or is terminatea. If me provider fails to certified mail, return receipt requested, or in person
do so, all rifht to payment is forfeited and the with proof of delivery.
department wil not honor· any requests submitted after
the aforesaid time period. Any pa6ment due under the . 2.Termination Because of Lack of Funds
terms of this contract may be With eld until all reports In the event funds to tinance this contract become
due from the provider and necessary adjustments unavailable, the department may terminate the
thereto have been approved by the department. contract upon no less than twenty-four (24) hours
- notice in writing to the ~rovider. Said notice shall
R.Use Of Funds For Lobbying Prohibited be delivered y certi ied mail, return reœWt
To comply' with the provisions of section 216.347, FS, requested, or in person with proof of delivery. T e
which prohibits the expenditure of contract funds for department shall be the tinal authority as to the
the purpose of lobbying the Legislature, judicial branch availability of funds.
or a state agency.
3
"' .
7/1/95 Contract No.
3. Ter:mination for Bre3ch .. appropriations ,process. and subsequently identitied in
This contract may be terminated tor non- tfie department s operating budget.
performance by the provider upon no less than
twenty-four (24) hours notice. If applicable the E.Notice and Contact
d,epartment may em..Rloy, the defa41t prqvisions in. l.The name, address and telephone number of the
Chapter (}QA-LOQ6 ()), FAC. Waiver of breach of contract manager for the department for this contract
any provls~ons of tþlS contract shaH not be deemed . ,
to oe a waIver of any other breach and shall not be IS: Marv Montqomery
construed to be a moditication of the terms of this A.G. Holley Hospltal, P.O. Box 3084
contract. The provisions herein do not limit the Lantana, Florida 33465
department's rigfit to remedies at law or to damages. (407) 540-1308
C.Name, Mailing and Street Address of Payee
l.The name (provider name as shown on page 1 of this 2.The name, address and telephone number of the
contract) and mailin~address of the official payee to repres~ntat~ve of the provid~r ~esponsible for
whom the payment shall be made is: adminIstratIon of the program under thIS contract:_
City of Delray Beach Lula Butler.
100 N.W. First Avenue 100 N. W. Flrst Avenue
D 1 B h 33444 Delray Beach, Florida 33444
e ray eac, (407) 243-72Q3
3.Ip the event that different representatives are
2.The name of the contact person and street addr~ss designated by eitþer party after executio~ of this
where financial and administrative records are contract, nçmce Qf the name and ~ddres~ pt the new
. . representative will be rendered m wrIting to the
mamtamed: otber party and said notification attached to originals
Dorothy Ellington of this contract. '
100 N.W. First Avenue F All T d C d't' I I d d
. erms an on I IOns nc u e
Delray Beach, Florida 33444 This contract and its attachments as referenced,
Attachments I and II
D.Renegotiation or Modification
Modihcations of provisioas of this contract shall only ·
be valid when they have been reduced to writing ana. . .
duly signed. The rate of payment and the total aoUar cont,am all the terms and condItiOns agreed upon try the
amount may be adjusted retroactively to reflect price parties. ; . .,
level increases and changes in the rate of payment ",
when these have been established througH 'the
, ~
INdWIJ'NEdSS.TI:IEREOF" the part.ies hereto have caused this 15 page contract to be executed by th¡:ir
un erslgne ofhclals as dUlY authonzed, .
PROVIDER ST ATE OF FLORIDA, DEPARTl\fENT OF
CITY OF DELRAY BEACH HEALTH AND REHABILITATIVE SERVICES
"
SIGNED BY:. SIGNED BY:
NAME: THOMAS LYNCH NAME: SUZANNE TURNER
TITLE: MAYOR TITLE:. DISTRICT IX ADMINISTRATOR
DATE: DATE:
STATE AGENCY 29 DIGIT SAMAS CODE: .
-----------------------------
Federal EID # (or SSN): 59-6000308
.-.-
Provider Fiscal Year Ending Date: SeDtember _ 3Q
,4
"
07/01195 0 Contract No.
Alcohol, Drug Abuse and Mental Health Services (ADM)
A IT ACHMENT I - PURCHASE OF SERVICES
A. Services To Be Provided
The provider will ensure provision of the services specified in Exhibit A for
Alcohol, Drug Abuse and Mental Health Services (ADM). The provider is responsible
for the administration and provision of programs and services in the county(ies) of
Palm Beach
B. Manner of Service Provision
1. The provider will comp~ with the service definitions and documentation
requirements given in the Guide to Pe ormance Contracting for Alcohol, Drug Abuse
and Mental Health Services and with all other applicable state standards, provided they
are specified in Florida Statutes or Administrative Codes established by the department ,
or made known in writing to the provider with thirty (30) days advance notice.
2. The provider will pursue and submit vouchers on all Medicaid eligible
clients for Medicaid eligible services.
3. The provider will comply with the requirements of Public Law 103-227
and will not allow tobacco smoking in any portion of any indoor facility used for the
provision of services for children under the age of 18, if those services are funded by
Federal programs either directly or through state or local governments. The law does
not apply to children's services provided in private residences; portions of facilities
used for inpatient drug or alcohol treatment; service providers whose sole source of
applicable Federal funds is Medicare or Medicaid. Failure to comply with the
provisions of the law may result in the imposition of a civil monetary penalty of up to
$1,000 for each violation and/or the imposition of an administrative compliance order
on the responsible entity.
4. If the provider participates in the ADAMHA Block Grant Program, the
provider will comply with the ADAMHA Reorganization Act, P.L. 102-321, Section
201 Part B of Title XIX of the Public Health Service Act (42 U.S.C. 300x et seq) as
.,...' amended July 10, 1992. If applicable, the provider also will comply with the
provisions given in Exhibit N/ A,
C. Method of Payment .
1. This is a fixed price (unit cost) contract. The department shall pay the
provider for the delivery of service units provided in accordance with the terms of this "
contract for a total dollar amount not to exceed $28.086.00. subject to the availability \,
of funds. ·
2. The department agrees to pay for the service units at the unit price(s) and <T
limits given in Exhibit A.
, 3. The provider will provide additional services eligible as local match up
to the amount specified in Exhibit A, the value of which is $9.362.00.
HC03
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07/01/95 ADM Services
ATTACHMENT I - PURCHASE OF SERVICES (Cont.)
4. Payment System
a. Invoice ReQJ.lirements: The provider shall request payment on a
monthly basis through submission of a properly completed invoice (Exhibit B) within
30 days following the end of the month for which payment is being requested.
b. Payment may be authorized only for eligible services to eligible
clients as specified on the invoice and in accordance with Exhibit A and other terms
and conditions of this contract. The number of service units for which payment is
requested may not, either by themselves or cumulatively by totaling service units on
previous invoices, exceed the total number of units authorized in Exhibit A of this
contract.
c. The department may release less money than requested for
payment when the release of such amounts would. cause the provider to receive an
amount in a given month which exceeded the pro rata share of the total contracted
amount. (Pro rata share is defined as the balance of the contract amount divided bL the
remaining months in the contract.) The department may, if funds are available, re ease
more than the monthly pro rata share when the provider submits a written request
justifying the release of additional funds and that request· is approved by the
department.
d, The department may reduce a request or withhold payment if a
provider is determined by the department to be out of compliance with the terms of this
,....- contract. Or payment may be reduced by a financial penalty, if specified in rule and if the
provider fails to submit full client and services information, as required for the
department's Interim Data System which includes the State Interim Substance Abuse
Reports (SISAR), 90 days after the dates specified in ExI\ibit C, Required Reports. If a
penalty is assessed after the end of this contract, the penalty will be assessed against next
year's payment.
e. The department's decision to reduce or withhold funds shall be in (~
writing and submitted to the provider. The written notice will specify the manner and '
extent to which the provider has failed to comply with the terms of the contract. When
the situation identified as problematic is corrected, payment shall be reinstated to the <7
provider.
t D. Special Provisions
1. Fee Schedule
The provider will develop a fee schedule and fee collection policy, based
on income and family size, which will not provide barriers to persons in need of
publicly supported services. The fee schedule and fee collection policy for publicly
supported services shall be approved by the department.
I,)
HC03
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.
.
.
07/01/95 ADM Services
ATTACHMENT I - PURCHASE OF SERVICES (Cont.)
2. Grievance Procedures
The provider will establish procedures through which applicants for and
recipients of services may present grievances about the operation of the services being .
provided under this contract. The provider will advise persons of their right to appeal a
denial or exclusion from the program, for failure to take account of an individual's
choice of service and through request of a fair hearing to the final governing authority
of the agency.
3. Clinical Records
As defined by Section 394.459(9), Florida Statutes, clinical records are
exempt as public records to protect client confidentiality.
4. Required Reports
The provider will submit financial and programmatic reports that are
specified in Exhibit C to the department.
5. Substance Abusing Parents Involved With Children and Family
Protective Supervision, Health Service Case Management and Primary
Care Services.
:~.~) The provider agrees to make every effort to obtain a client's informed
consent for release of information to/from: HRS Children and Family (C&F) Program
when the client/family is under C&F protective supervision; and/or HRS County Public
Health Units when the client/family is involved with case management and/or primary
medical care services. This will enable the provider to better coordinate with and
communicate to other professionals intervening with the client and his/her family and
better ensure the health, safety and welfare of the children of substance (',
abusing/recovering parent(s) or caretaker(s). .)
.
6. Performance Outcome Measures
<7
Pursuant to Florida Statute 20. 19(20)(c) 1. , the provider shall maintain
, data on the outcome measures specified in Exhibit D and Exhibit E for the types of
services provided under this contract and shall submit such data to the department upon
request.
7. Subcontracting with Minority Businesses
The provider agrees to develop agency goals for doing business with
minority owned/operated vendors, should any part ofHRS contracted dollars be sub-
contracted out.
Minority status is defined as: provider is a least 51 % owned or controlled
(i. e" composition of governing board if non-profit) by:
1. Black, Hispanic, Asian or Native Americans
2. American Women
3. ,Combination of#1 and #2 (use only if#1 does not equal at least 51%)
HC03
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07/01/95 ADM Services
ATTACHMENT I - PURCHASE OF SERVICES (Cont.)
Prior to executing any sub-contracts, the provider agrees to demonstrate to the
depart~ent (Contract Manager) the following: '
· How the provider attempted to recruit and select minority vendors.
· How many responses were received by the provider.
· Why a minority vendor was/was not selected.
8. Interagency Agreements
The provider shall insure continuity of treat1Ilent to the client by developing
interagency agreements which will outline what each agency will contribute to the clients
comprehensive service plan. Agreements regarding the flow of clients between and among
mental health and substance abuse agencies must insure continuity of care. Such
agreements shall be shared with the District Alcohol, Drug Abuse and Mental-Health
Program Office no later than 45 days after the execution of this contract.
--
9. Additional Service Provisions
The provider shall provide the following additional services:
a. Screen and admit a minimum of 24 at-risk fifth graders who are currently
enrolled in Pine Grove Elementary and who satisfy the following criteria: /-
, ,-
.
· Have not been diagnosed and do not demonstrate signs of clinical psychiatric or
emotional disability. 'J'
· Have not been identified with a serious psychological or emotional learning disability.
· Mayor may not be involved with alcohol or drugs.
I · Have demonstrated attendance problems.
· Perfonning below their academic level of potential
· Have not been retained for more than one academic year.
· Have parents who will consent to their child's participation in program.
b. Provide services to improve self-esteem.
c. Provide services to improve academic performance in reading, writing
and math.
d. Provide high-risk group with opportuniti~s and activities to expand and
widen their cultural and educational hori'ion.
e. Provide a basic course that will teach appropriate etiquette, good
manners, self-esteem, communication skills, etc.
f. Provide a basic course to each about the importance of taking care of the
environment and the consequences of failing to do so.
g. Provide parent effectiveness training and parent conferencing.
h. Provide teacher conference and collaboration to improve students'
academic attendance and classroom behavior.
,
HC03
8
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07/01/95
ALCOHOL, DRUG ABUSE AND MENTAL HEALTH SERVICES
PURCHASE OF SERVICES
EXHIBIT B - INVOICE
PROVIDER NAME AND ADDRESS: REGULAR
FINAL -
The City of Delray Beach
100 N.W. First Avenue
De I ray Beach, Florida 33444 CONTRACT #
TIME PERIOD: TO: DATE: July 1, 1995
INDIVIDUALS/GROUPS COST CONTRACT # UNITS BILLABLE
SERVED CENTERS RATE PROVIDED AMOUNT
.
Substance abusing children/adolescents Prevention $23.74
and their families.
~,
\..:.>
,
<7
e
()
TOTAL CONTRACT AMOUNT:
I CERTIFY THAT THE ABOVE REPORT IS A TRUE AND ACCURATE REFLECTION OF THIS PERIOD'S
ACTIVITIES AS STIPULATED IN THIS CONTRACT.
.
SIGNATURE OF AGENCY OFFICIAL
TITLE DATE
APPROVED FOR PAYMENT:
HRS/ADM CONTRACT MANAGER SIGNATURE DATE
HC03
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07/01/95 ADM Services
EXHmlT C
REQUIRED REPORTS ¡
Due Dat~ Copies Send TQ
-:~'> Required Reports
Within 30 Days District
. Response to Monitoring Reports of Receipj 1 ADM Offi~
. Monthly Data Specified for Within 30 Ùays PDADM &
the Interim Data System After Month 1 District Offi~
Õptional Reports
.
. Cost Center Expense Report 3/15/96 1 ADM Office
-
ç'
. Cost Center Personnel Detail
Report 3/15/96 1 ADM Offi«~
~
Within 15 Days
. Quarterly Local Match Report After Each Ouart~ 1 ADM Offiçe
Additional Reports Required for Substance Abuse Providers
. State Interim Substance Abuse
Reports (SISAR: Admission,
Discharge, and Detox) N/A (~.
v
. ' Substance Abuse Provider
Waiting List Report N/A
Performance Measure Reports Within 15 Days
. After Month 1 ADM Office
. Alpha/Beta Pre and Post
Program Reports N/A
. AIDS Report N/A
. Prevention Services Report N/A
Additional Reports Required for
Children's Mental Health Service Providers
Priority Service List Within 15 Days
. After Month 1 ADM Offi~
RC03
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07/01/95 ADM Services
,--"
EXHmIT D
PERFORMANCE MEASURES
In addition to delivering the services specified in Exhibit A and the federal block grant
restricttions specified in Exhibit N/ A the provider agrees to the following performance ,
measures and shall submit a report within fifteen days after the end of each marking
period: <7
Participant Objectives:
.
· At least 85% of at-risk 5th graders in the target area will have increased knowledge
about alternatives and more positive lifestyles by developing life and problem solving
skills, academic improvement and increased drug awareness.
Impact Objectives:
(-~\
~~
· 80% of students enrolled will successfully complete the program. Agency report due
fifteen days after the end of each marking period.
· 60% of the program will include life skills and/or parenting skills program.
· The Excel Focus 5 will provide a minimum of 5 community based activities to include
key cotnmunity organization and stakeholders. (Example: community field trips)
· 80% of students will show improvement in academic attendance and classroom
behavior,
· 80% of parents or guardian will participate in the program and attend the Parent
Effective Training program.
RC03
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07/01/95 ADM Services
EXHffiIT E
SPECIAL REQUIREMENTS FOR CHILDREN'S SERVICES
.
A. The provider shall not initiate any publicity involving clients, including the use of
name or identifiable pictures, without the written consent of the client's parents or
legal guardian. ,
B. Children and Family Services and Juvenile Justice Services clients shall be given
priority for substance abuse and mental health services. Children in the physical <7
custody of the department who are adjudicated dependent or delinquent shall be
, given the highest priority for substance abuse and mental health services.
C. The provider shall allow the contract manager and other agents of the department,
including the child's designated case manager, to conduct private, confidential
interviews with the child and with provider staff
D, The provider shall identify and maintain documentation of Title IV -E expenditures
for each Title IV-E eligible client served as specified in HRS Accounting
Procedures Manual, Volume 2, Chapter 9. u
E. The provider shall submit documentation of service provision to Title IV -E eligible
clients to the department in the form and manner specified by the district.
F.. The provider agrees to make every effort to obtain a client's informed consent for
release ofinformation to/ftom: HRS Children and Family (C&F) Program when
the client/family is under C&F protective supervision; and/or HRS County Public
Health Units when the client/family is involved with case management and/or
primary medical care services. This will enable the provider to better coordinate
, with and communicate to other professionals intervening with the client and his/her
family and better ensure the health, safety and welfare of the children of substance
abusing/recovering parent(s) or caretaker(s).
HC03
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. ,
FINANCIAL ANI' r.OMPLIANCE AUDITS
ATTALJ::MENT II
This attachment is applicable, if the provider or grantee, hereinafter referred to as provider, is any local
government entity, nonprofit organization, or for-profit organization,
An audit performed by the Auditor General shall satisfy the requirements of this attachment.
Part I: FEDERALLY FUNDED
. This part is applicable if the provìder is a local government entity or nonprofit organization and receives a
total of $25,000 or more in federal funds passed through the department during its fiscal year, The provider
has "received" federal funds when it has obtained the cash from the department or when it has incurred
reimbursable expenses,
Local governments shall comply with the audit requirements contained in Office of Management and Budget
(OJ\1B) Circular A-128. Audits of State and Local Governments. Nonprofit providers shall comply with
OMB Circular A-l33. Audits oflnstitutions of Higher Learning and Other Nonprofit Institutions, except as
modified herein. Such audits shall cover the entire organization for the organization's fiscal year, The audit
report shall include a schedule of financial assistance that discloses each state contract by number,
Compliance findings related to contracts with the department shall be based on the contract requirements,
including any rules, regulations, or statutes referenced in the contract. Where applicable, the audit report shall
state whether or not matching requirements were met. All questioned costs and liabilities due to the
department shall be fully disclosed in the audit report with reference to the department contract involved,
If the provider has received any funds from a grants and aids appropriation, the provider will also submit a
compliance report in accordance with the rules of the Auditor General, chapter 10,600, and indicate on the
schedule of financial assistance which contracts are funded from state grants and aids appropriations,
The provider agrees to submit the required reports as shown in Part IV,
PART II: STATE FUNDED
This part is applicable if the provider is a nonprofit organization that receives a total of $ 100,000 or more
from the department during its fiscal year, which is not paid on a set state or area-wide fixed rate for service,
and of which less than $25,000 is federally funded, The provider has "received" funds when it has obtained
the cash from the department or when it has incurred reimbursable expenses,
The provider agrees to have an annual financial audit performed by independent auditors in accordance with
the current Government Auditing Standards issued by the Comptroller General of the United States, Such
audits shall cover the entire organization for the organization's fiscal year. The scope of the audit performed
shall cover the financial statements and include reports on internal control and compliance, The audit report
shall include a schedule of financial assistance that discloses each state contract by number.
Compliance findings related to contracts with the department shall be based on the contract requirements,
including any rules, regulations, or statutes referenced in the contract. Where applicable, the audit report shall
state whether or not matching requirements are met. All questioned costs and liabilities due to the department
shall be fully disclosed in the audit report with reference to the department contract involved,
If the provider has received any funds from a grants and aids appropriation, the provider will also submit a
compliance report in accordance with the rules of the Auditor General, chapter 10.600, and indicate on the
schedule of financial assistance which contracts are funded from state grants and aids appropriations,
The provider agrees to submit the required reports as shown in Part IV.
07/01/94 14
. , "
P ART III: CHAPTER 10.600, OR NO AUDIT REQUIREMENT
This part is applicable if the provider is either (1) a for-profÜ organization, (2) a local government entity
receiving less than $25,000 in federal funds form the department during its fiscal year, (3) nonprofit
organization receiving less than $100,000 from the department, of which less than $25,000 is federally
funded, during its fiscal year, or (4) a nonprofit organization receiving a total of $1 00,00 or more from the
department based on a set state or area-wide fixed rate for service, of which less than $25,000 is federally
funded, The provider has "received" funds when it has obtained cash from the department or when it has
incurred reimbursable expenses.
If the provider receives funds from a grants and aids appropriation, the provider shall have an audit, or
submit an attestation statement, in accordance with the rules of the Auditor General, chapter 10.600, The
audit report shall include a schedule of financial assistance that discloses each state contract by number and
indicates which contracts are funded from state grants and aids appropriations.
The provider agrees to submit the required reports as shown in Part IV.
Otherwise, if the provider does not receive funds from a grants and aids appropriation, the provider has no
audit or attestation requirement required by this attachment.
PART IV: SUBMISSION OF REPORTS
Copies of the audit report and any management letter by the independent auditors, or attestation statement,
required by this attachment shall be submitted within 180 days after the end of the provider's fiscal year,
unless otherwise required by Florida Statutes, to the following:
A. Audit and Evaluation
1317 Winewood Boulevard, Building B, Room 492
Tallahassee, Florida 32399-0700
B. Contract manager for this contract
C. Submit to this address only those reports prepared in
accordance with OMB Circular A-133:
Federal Audit Clearinghouse
P.O. Box 5000
Jeffersonville, Indiana 47199-5000
D. Submit to this address only those reports prepared
in accordance with the rules of the Auditor General,
chapter 10.600:
Jim Dwyer
Office of the Auditor General
P.O. Box 1735
Tallahassee, Florida 32302
The provider shall ensure that audit working papers are made available to the department, of its designed,
upon request for a period of five years from the date the audit report is issued, unless extended in writing by
the department.
07/01/94
15
. , "
FINANCIAL ANI' r,OMPLIANCE AUDITS
ATTAcGMENT II
This attachment is applicable, if the provider or grantee, hereinafter referred to as provider, is any local
government entity, nonprofit organization, or for-profit organization,
An audit performed by the Auditor General shall satisfy the requirements of this attachment.
Part I: FEDERALLY FUNDED
, This part is applicable if the provider is a local government entity or nonprofit organization and receives a
total of $25,000 or more in federal funds passed through the department during its fiscal year, The provider
has "received" federal funds when it has obtained the cash from the department or when it has incurred
reimbursable expenses,
Local governments shall comply with the audit requirements contained in Office of Management and Budget
(OMB) Circular A-128. Audits of State and Local Governments. Nonprofit providers shall comply with
OMB Circular A-l33. Audits ofInstitutions of Higher Learning and Other Nonprofit Institutions, except as
modified herein. Such audits shall cover the entire organization for the organization's fiscal year, The audit
report shall include a schedule of financial assistance that discloses each state contract by number,
Compliance findings related to contracts with the department shall be based on the contract requirements,
including any rules, regulations, or statutes referenced in the contract. Where applicable, the audit report shall
state whether or not matching requirements were met. All questioned costs and liabilities due to the
department shall be fully disclosed in the audit report with reference to the department contract involved,
If the provider has received any funds from a grants and aids appropriation, the provider will also submit a
compliance report in accordance with the rules of the Auditor General, chapter 10,600, and indicate on the
schedule of financial assistance which contracts are funded from state grants and aids appropriations,
The provider agrees to submit the required reports as shown in Part IV,
PART II: STATE FUNDED
This part is applicable if the provider is a nonprofit organization that receives a total of $1 00,000 or more
from the department during its fiscal year, which is not paid on a set state or area-wide fixed rate for service,
and of which less than $25,000 is federally funded, The provider has "received" funds when it has obtained
the cash from the department or when it has incurred reimbursable expenses,
The provider agrees to have an annual financial audit performed by independent auditors in accordance with
the current Government Auditing Standards issued by the Comptroller General of the United States. Such
audits shall cover the entire organization for the organization's fiscal year, The scope of the audit performed
shall cover the financial statements and include reports on internal control and compliance. The audit report
shall include a schedule of financial assistance that discloses each state contract by number.
~omp~iance findings relate~ to contracts with the department shall be based on the contract requirements,
mcludmg any rules, regulatIOns, or statutes referenced in the contract. Where applicable, the audit report shall
state whether or not matching requirements are met. All questioned costs and liabilities due to the department
shall be fully disclosed in the audit report with reference to the department contract involved,
If the provider has received any funds from a grants and aids appropriation, the provider will also submit a
compliance report in accordance with the rules of the Auditor General, chapter 10,600, and indicate on the
schedule of financial assistance which contracts are funded from state grants and aids appropriations,
The provider agrees to submit the required reports as shown in Part IV,
07/01194 14
. ,.
P ART III: CHAPTER 10.600, OR NO AUDIT REQUIREMENT
This part is applicable ifthe provider is either (1) a for-profÜ organization, (2) a local government entity
receiving less than $25,000 in federal funds form the department during its fiscal year, (3) nonprofit
organization receiving less than $100,000 from the department, of which less than $25,000 is federally
funded, during its fiscal year, or (4) a nonprofit organization receiving a total of$100,00 or more from the
department based on a set state or area-wide fixed rate for service, of which less than $25,000 is federally
funded. The provider has "received" funds when it has obtained cash from the department or when it has
incurred reimbursable expenses.
Ifthe provider receives funds from a grants and aids appropriation, the provider shall have an audit, or
submit an attestation statement, in accordance with the rules of the Auditor General, chapter 10.600. The
audit report shall include a schedule of financial assistance that discloses each state contract by number and
indicates which contracts are funded from state grants and aids appropriations.
The provider agrees to submit the required reports as shown in Part IV.
Otherwise, if the provider does not receive funds from a grants and aids appropriation, the provider has no
audit or attestation requirement required by this attachment.
PART IV: SUBMISSION OF REPORTS
Copies of the audit report and any management letter by the independent auditors, or attestation statement,
required by this attachment shall be submitted within 180 days after the end of the provider's fiscal year,
unless otherwise required by Florida Statutes, to the following:
A. Audit and Evaluation
1317 Winewood Boulevard, Building B, Room 492
Tallahassee, Florida 32399-0700
B, Contract manager for this contract
C. Submit to this address only those reports prepared in
accordance with OMB Circular A-133:
Federal Audit Clearinghouse
P.O. Box 5000
Jeffersonville, Indiana 47199-5000
D. Submit to this address only those reports prepared
in accordance with the rules of the Auditor General,
chapter 10.600:
Jim Dwyer
Office of the Auditor General
P.O. Box 1735
Tallahassee, Florida 32302
The provider shall ensure that audit working papers are made available to the department, of its designed,
upon request for a period of five years from the date the audit report is issued, unless extended in writing by
the department.
07/01/94
15
t'f(
. : DM
RECEIVED
[ITY DF DELIAY BEA[H JUN 1 5 1995
CITY M,IW''''''';')'~ nFF!CE
CITY ATTORNEY'S OFFICE 200 NW 1st AVEt'/UE . DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7090
DELRA Y BEACH
f lOR I D A
b*:d
AII·America City MEMORANDUM
, ~ III!
DATE: June 14, 1995
1993 TO: City Commission
FROM: David N. To1ces, Assistant City Attorn-@
SUBJECT: License Agreement with Palm Beach County - Parking at County
Courthouse During Parade. July 1. 1995
The Attached License Agreement with Palm Beach County is before you for approval.
By entering into this agreement with Palm Beach County, the City will be permitted to
use the South County Courthouse parking lot on July 1, 1995 from 5:30 to 8:30 p.m.
Commission approval of the License Agreement is recommended. If you have any
questions, please call.
DNT:smk
Attachment
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Lee R. Graham, Risk Manager
parade,dnt
® Printed on Recycled Paper f·f·
., ,
;
*****************************************************************
PALM BEACH COUNTY
REAL PROPERTY
LICENSE AGREEMENT
between
PALM BEACH COUNTY, FLORIDA
a political subdivision of the state of Florida
and
CITY OF DELRAY BEACH, FLORIDA
(Licensee)
*****************************************************************
TABLE OF CONTENTS
~
ARTICLE I BASIC AGREEMENT PROVISIONS
Section 1.01 Premises. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . 1
section 1. 02 Length of Term and Commencement Date.......... 1
Section 1.03 License Fee...........,..............,........ 1
ARTICLE II CONSTRUCTION OF PREMISES
section 2.01 Acceptance of Premises,..............,........ 1
section 2,02 Al terations. . . . . , . . . . . . . . , . . . . . , . . . . . . . . . . . . . . 1
ARTICLE III CONDUCT OF BUSINESS AND USE OF PREMISES
BY LICENSEE
section 3.01 Use of Premises and Hours of Operation........ 1
section 3.02 Waste or Nuisance.............,........,...... 2
section 3.03 Governmental Regulations....................,. 2
section 3.04 Surrender of Premises......................... 2
ARTICLE IV REPAIRS AND MAINTENANCE OF PREMISES
section 4.01 Responsibility of County and Licensee......... 2
ARTICLE V INSURANCE AND INDEMNITY
section 5.01 Liability Insurance..,........................ 3
section 5.02 Indemnification.................,............ . 3
ARTICLE VI REVOCATION OF LICENSE
section 6.01 Revocation of License......................... 3
section 6.02 Enforcement Costs.,.....................,...,. 3
ARTICLE VII MISCELLANEOUS
section 7.01 Entire Agreement...,......,.......,......,.... 3
section 7.02 Notices. . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . , 4
Section 7.03 Recording. . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 7.04 Liability of County....,..,................... 4
section 7,05 Waiver of Jury Trial.......................... 4
section 7.06 Governing Law and Venue....................... 4
Section 7.07 Time of Essence............................... 5
Exhibits
Exhibit "A" County's Property. ............................6
Exhibit "B" site Plan of the Premises..................... 7
" ,
LICENSE AGREEMENT
THIS LICENSE AGREEMENT, made and entered into this ___ day of
June, 1995, by and between PALM BEACH COUNTY, a political
subdivision of the state of Florida, hereinafter referred to as
"County" and the CITY OF DELRAY BEACH, FLORIDA, a municipal
corporation, hereinafter referred to as "Licensee".
WITNESSETH:
WHEREAS, County is the owner of certain real property in Palm
Beach County, Florida, as said property is legally described in
Exhibit "A" attached hereto and by reference made a part hereof
(the "Property"); and
WHEREAS, Licensee desires to use a portion of said Property
for parking in conjunction with its centennial celebration; and
WHEREAS, County is willing to grant Licensee a revocable
license to use said Property for the purposes hereinafter defined.
NOW THEREFORE, in consideration of the covenants and
agreements hereinafter set forth on the part of the Licensee to be
observed and performed, the County hereby grants the Licensee a
revocable license to use the Premises as hereinafter defined upon
the following terms and conditions:
ARTICLE I
BASIC PROVISIONS
section 1.01 Premises.
The premises which are the subject of this Agreement consist
of the paved parking areas of the Property located at 200 W.
Atlantic Avenue, Delray Beach as depicted in Exhibit "B" attached
hereto and by reference made a part hereof (the "Premises").
section 1.02 Length of Term and Commencement Date.
The term of this Agreement shall be for a period of three (3)
hours commencing at 5:30 P.M. and expiring at 8:30 P.M, on the 1st
day of July, 1995 (the "Term").
section 1. 03 License Fee.
The use of the Premises by Licensee shall be on a rent-free
basis.
ARTICLE II
CONSTRUCTION OF PREMISES
section 2.01 Acceptance of Premises.
Licensee, certifies that it has inspected the Premises and
accepts same "AS IS", in its existing condition as of the date of
this Agreement.
section 2.02 Alterations.
Licensee, shall not make or permit any improvements,
additions, modifications or alterations whatsoever to the Premises.
ARTICLE III
CONDUCT OF BUSINESS AND USE OF PREMISES BY LICENSEE
section 3.01 Use of premises and Hours of operation.
Licensee shall use the Premises solely and exclusively for
vehicle parking in conjunction with the Licensee's hosting of a
parade as part of the Licensee's centennial celebration. Licensee
shall not use, permit or suffer the use of the Premises for any
other business or purpose whatsoever. Licensee, at its sole cost
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and expense, shall provide all traffic control and enforcement
necessary to ensure that Licensee's use of the Premises does not
interfere with County's use of the Property and that there will be
no entry or use of any County building on the Property by the
Licensee's agent, employees or inv i tees. Licensee's hours of
operation on the Premises shall begin at 5:30 P.M. and end at 3:30
P.M'.0!ll ~ay, July 1, 1995. '
fl¡~\ ~~
section 3.02 Waste or Nuisance.
Licensee shall not commit or suffer to be committed any waste
upon the Premises or any nuisance or other act or thing which may
result in damage or depreciation of value of the Premises or which
may affect County's fee interest in the Premises. Licensee shall
not store or dispose any contaminants including, but not limited
to, hazardous or toxic substances, chemicals or other agents,
including any petroleum products, used or produced in Licensee's
operations, on the Premises or in any manner not permitted by law.
All refuse is to be removed from the Premises at Licensee's sole
cost and expense and Licensee will keep such refuse in proper
fireproof containers on the interior of the Premises until removed.
Licensee will keep the access to the Premises, the parking areas,
driveways and other contiguous areas to the Premises free and clear
of obstruction.
section 3.03 Governmental Regulations.
Licensee shall, at Licensee's sole cost and expense, secure
any required permits and comply with all regulations of all county,
municipal, state, federal and other applicable governmental
authorities, now in force, or which may hereafter be in force,
pertaining to Licensee or its use of the Premises, and shall
faithfully observe in the use of the Premises all municipal and
county ordinances and state and federal statutes now in force or
which may hereafter be in force. Licensee, to the extent permitted
by law, shall indemnify, defend and save County harmless from any
and all penalties, fines, costs, expenses, suits, claims, or
damages resulting from Licensee's failure to perform its
obligations specified in this section.
section 3.04 Surrender of Premises.
Upon expiration of Licensee's license to use the Premises,
Licensee, at its sole cost and expense, shall remove all of its
personal property from the Premises and shall surrender the
Premises to the county in at least the same condition the Premises
were in as of the date of this Agreement. If Licensee fails to
remove any vehicle parked on the Premises, then upon expiration of
the Term of this Agreement, County may remove said vehicle from the
Premises for which the cost Licensee shall be responsible and shall
pay promptly upon demand.
ARTICLE IV
REPAIRS AND MAINTENANCE OF PREMISES
section 4.01 Responsibility of county and Licensee.
County shall not be obligated or required to make or conduct
any maintenance or repairs whatsoever to the Premises. All
portions of the Premises shall be kept in good repair and condition
by Licensee. Upon expiration of this Agreement, Licensee shall
deliver the Premises to County in good repair and condition as
specified herein. In the event of any damage to the Premises,
County may complete the necessary repairs and Licensee shall
reimburse county for all expenses incurred by County in doing so.
2
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ARTICLE V
INSURANCE AND INDEMNITY
Section 5.01 Liability Insurance.
Licensee shall, during the entire Term hereof, provide county
with a certificate evidencing self-insurance coverage for
comprehensive general liability in the amount of $100,000 per
person and $200,000 per incident or occurrence. In the event the
Legislature should change the Licensee's exposure by statute above
or below the sums insured against, Licensee shall provide insurance
to the extent of that exposure.
section 5.02 Indemnification.
Licensee shall, to the extent permitted by law, indemnify and
save harmless the County from and against any and all claims,
suits, actions, damages and/or causes of action arising during the
Term of this Agreement for any personal injury, loss of life and/or
damage to property sustained in or about the Premises by reason or
as a result of the use and occupancy of the Premises by Licensee,
its agents, employees, licensees, invitees, and members of the
public generally, and from and against any orders, judgements,
and/or decrees which may be entered thereon, and from and against
all costs, attorney fees, expenses and liabilities incurred in and
about the defense of any such claim. In the event County shall be
made a party to any litigation commenced against the Licensee or by
the Licensee against any third party, then Licensee shall protect
and hold County harmless and pay all costs and attorney's fees
incurred by County in connection with such litigation, and any
appeals thereof. Nothing contained herein shall be construed as a
waiver of sovereign immunity enjoyed by the parties hereto, as
provided in Florida statutes 768.28 as amended, or any other law
providing limitations on claims. Furthermore, this indemnification
shall not be construed to require Licensee to assume any liability
or to indemnify County for the county's negligence.
ARTICLE VI
REVOCATION OF LICENSE
section 6.01 Revocation of License.
Notwithstanding anything to the contrary contained herein, the
rights granted to Licensee hereunder amount only to a license to
use the Premises, which license is expressly revocable by County
for any reason whatsoever upon notice to Licensee. Upon Licensee's
receipt of notice from County of the revocation of the license
granted hereby, this Agreement shall terminate and county shall be
relieved of all further obligation hereunder accruing subsequent to
the date of such termination,
section 6.02 Enforcement Costs.
In the event that it shall become necessary for County to
employ the services of an attorney to enforce any of its rights
under this Agreement, Licensee shall pay all costs, expenses and
fees incurred by County in connection with the enforcement of
County's rights under this Agreement, including without limitation,
reasonable attorney's fees and court costs, at all trial and
appellate levels and in connection with post judgement proceedings.
ARTICLE VII
MISCELLANEOUS
section 7.01 Entire Agreement.
This Agreement and any Exhibits attached hereto and forming a
part thereof as if fully set forth herein, constitute all
agreements, conditions and understandings between County and
Licensee concerning the Premises. All representations, either oral
or written, shall be deemed to be merged into this Agreement.
Except as herein otherwise provided, no subsequent alteration,
3
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waiver, change or addition to this Agreement shall be binding upon
County or Licensee unless reduced to writing and signed by them.
section 7.02 Notices.
Any consents, approvals and permissions by the County shall be
effective and valid only if in writing and any notice by either
party to the other shall be in writing and shall be deemed to be
duly given only if mailed prepaid by certified mail return receipt
requested, addressed:
(a) If to the County at:
Property and Real Estate Management Division
3323 Belvedere Road, Bldg. 503
West Palm Beach, FL 33406-1548
with a copy to:
Palm Beach County
Attn: County Attorney
301 North Olive Avenue
West Palm Beach, FL 33401
(b) If to the Licensee at:
city of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
section 7.03 Recording.
Licensee shall not record this Agreement, or any memorandum or
short form thereof, without the written consent and joinder of
County.
section 7.04 Liability of county.
Licensee shall look solely to the estate and property of the
County in the Premises for the collection of any judgment, or in
connection with any other judicial process, requiring the payment
of money by County in the event of any default by County with
respect to any of the terms, covenants and conditions of this
Agreement to be observed and performed by County, and no other
property or estates of County shall be subject to levy, execution
or other enforcement procedures for the satisfaction of Licensee's
remedies and rights under this Agreement.
section 7.05 Waiver of Jury Trial.
The parties hereto waive trial by jury in connection with
proceedings or counterclaims brought by either of the parties
hereto against the other, in connection with this Agreement.
section 7.06 Governing Law and Venue.
This Agreement shall be governed by and interpreted according
to the laws of the state of Florida and venue shall be in Palm
Beach County.
(INTENTIONALLY LEFT BLANK)
4
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Section 7.07 Time of Essenoe.
Time is of the essence with respect to the performance of
every provision of this Agreement in which time of performance is
a factor.
IN WITNESS WHEREOF, county and Licensee have executed this
Agreement, or have caused the same to be executed as of the day and
year first above written.
PALM BEACH COUNTY, FLORIDA, A
WITNESS: POLITICAL SUBDIVISION OF THE
STATE OF FLORIDA
By:
signature and Title
Type or Print Name
LICENSEE:
WITNESS: CITY OF DELRAY BEACH, FLORIDA,
a municipal corporation
By: Jt-,J\ ~ ¡J{",,~ (Seal)
Signature and Title ,
~VJO r. H4~ol!!E.A..l
ype or Print Name
APPROVED AS TO FORM ~\ÞøO ~ "'Cõ ~a.-.
AND LEGAL SUFFICIENCY ~ ~~,(.A,-V1
~~
Asst. County Attorney ~\~ Ú,T"i ~
IIIIIr\agreement\llcense.del
06107/95
5
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EXHIBIT nAn
LEGAL DESCRIPTION OF COUNTY'S PROPERTY
The following described land, situate, lying and being in the
City of Delray Beach, Florida.
PARCEL NO. 1
ALL OF BLOCK 45 OF THE "RESUBDIVISION OF BLOCK 45" - AS
RECORDED IN PLAT BOOK 4, PAGE 54, OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, LESS THE NORTH TWENTY (20)
FEET THEREOF.
TOGETHER WITH THAT PORTION OF THE EAST ONE-HALF (1/2) OF
A FIFTY (50) FOOT RIGHT-OF-WAY KNOWN AS S.W. 3RD AVENUE
LYING ADJACENT TO THE ABOVE DESCRIBED PARCEL.
THE WEST TWENTY-FIVE (25) FEET OF THE NORTH ONE-HUNDRED
(100) FEET OF THE ABOVE-DESCRIBED PARCEL BEING SUBJECT TO
AN EASEMENT.
PARCEL NO. 2
LOTS 1 THRU 4, AND LOTS 9 THRU 12, AND THAT PORTION OF A
SIXTEEN (16) FOOT ALLEYWAY LYING BETWEEN SAID LOTS 1 THRU
4, AND LOTS 9 THRU 12, ALL IN BLOCK 46, OF THE "TOWN OF
LINTON, FLORIDA," AS RECORDED N PLAT BOOK 1, PAGE 3, OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
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EXHIBIT "B"
SITE PLAN OF THE "PREMISES"
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DElRAY BEACH
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AII·America City
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1993 MEMORANDUM
TO: David T. Harden, City Manager
FROM: PRobert A, Barcinski, Assistant City Manager
SUBJECT: AGENDA ITEM # 8 GCITY COMMISSION MEETING 6/20/95
SEACREST PROPERTY TASK TEAM RESOLUTION 46-95
DATE: June 6, 1995
ACTION
City Commission is requested to approve resolution 46-95 which extends
the Sunset Date for the Seacrest Property Task Team to August 2, 1995.
This date coincides with the expiration date of the Right of First Refusal
for the property acquisition.
RECOMMENDATION
Recommend approval.
RAB:kwg ~ C~
on
File:u:graham/ agenda b!;¡ð!9:S'
Doc. : SeaCrest.Ext
@ Pn:-:t&c or; R&cý:;!ec Papf:.' THE EFFORT ALWAYS MATTERS
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RESOLUTION NO. 46-95 i
I
I
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF \
DELRAY BEACH, FLORIDA, EXTENDING THE SUNSET DATE FOR I
I
THE SEACREST PROPERTY TASK TEAM.
WHEREAS, at the meeting of December 6, 1994, the City
Commission adopted Resolution No. 93-94, establishing the Seacrest
Property Task Team, assigning it duties, and setting a sunset date¡
and
WHEREAS, as established by Resolution No. 93-94, the I
Seacrest Property Task Team will sunset on June 30, 1995; and I
WHEREAS, the City Commission desires to extend the
established sunset date of the Seacrest Property Task Team.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 7 of Resolution No. 93-94 be, and I
the same is hereby amended to read as follows:
That the Seacrest Property Task Team shall cease to
operate as an ad hoc advisory body on ¡~¢Ø/¡Ø//¡~~~
Auc¡ust 2. 1995. At that time the City Commission may
continue the function of the task team by amendment
to this section.
PASSED AND ADOPTED in regular session on this the 20th day
of June, 1995.
~~ i
ATTEST:
()/~~YJþ.l' lúlr 110*
City Cl rk
"
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·
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER (11/(
SUBJECT: AGENDA ITEM # 7·/1· - MEETING OF JUNE 20, 1995
RESOLUTION NO. 44-95
DATE: JUNE 16, 1995
This item is a resolution assessing costs for abatement action
required to remove junked vehicles on four properties located
within the City. The resolution sets forth the actual costs
incurred and provides the mechanism to attach liens on these
properties in the event the assessments remain unpaid.
Recommend approval of Resolution No. 44-95 assessing costs to
remove junked vehicles on four properties within the City.
RESOLUTION NO. 44-95
A RESOLUTION. OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED
VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS-
MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION,
AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE
MAILING OF NOTICE OF LIEN.
WHEREAS, the City Manager or his designated representative
has, pursuant to Chapter 90 of the Code of Ordinances, removed junked
and/or abandoned vehicles owned by persons described in the list
attached hereto and made a part hereof, for violation of the provisions
of Chapter 90 of the Code of Ordinances; and,
WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of
the City of Delray Beach, the City Manager or his designated represent-
ative has determined that a nuisance existed in accordance with the
standards set forth in Chapter 90 of the Code of Ordinances, and did
furnish the respective owner(s) of the land(s) described in the
attached list with written notice of public nuisance pursuant to
Sections 90.02 and 90.03 of the Code of Ordinances; and,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to remove said
junked and/or abandoned vehicles, and thus failed to abate the nuis-
ance(s) or to properly request a hearing pursuant to Chapter 90 within
the time limits prescribed in Chapter 90 of the Code of Ordinances, or
if the property owner (s) did request and receive a hearing, said
property owner(s) failed and/or neglected to abate such nuisance(s) as
required by Chapter 90 of the Code of Ordinances; and,
WHEREAS, the City of Delray Beach, through the City Adminis-
tration or such agents or contractors hired by the City Administration
was therefore required to and did remove said junked and/or abandoned
vehicles owned by persons described in the list attached and made a
part hereof and incurred costs in abating the subject nuisance(s); and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 90 of the Code of Ordinances of the City of Delray
__d_ ...._,,, "._ ----
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance(s) as aforesaid; and,
WHEREAS, the City Commission of the City of Delray beach,
pursuant to Chapter 90 of the Code of Ordinances desires to assess the
cost of said nuisance{s) against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS
Section 1. That assessments in the individual amounts as
shown by the report of the City Manager of the City of Delray Beach,
involving the City's cost of abating the aforesaid nuisances a copy of
which is attached hereto and made a part hereof, are hereby levied
against the parcel(s) of land described in said report and in the
amount(s) indicated thereon. Said assessments so levied shall, if not
paid wi thin thirty (30) days after mailing of the notice described in
Section 3, become a lien upon the respective lots and parcel(s) of land
described in said report, of the same nature and to the same extent as
the lien for general city taxes and shall be collectible in the same
manner and with the same penalties and under the same provisions as to
sale and foreclosure as City taxes are collectible.
Section 2. That such assessment shall be legal, valid and
binding obligations upon the property against which said assessments
are levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable
within thirty (30) days after the mailing date of said notice of
assessment, after which a lien shall be placed on said property, and
interest will accrue at the rate of 8% per annum, plus reasonable
attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30 ) days from the date of adoption and the assessment(s) contained
herein and shall become due and payable thirty (30) days after the
mailing date of the notice of said assessment(s), after which a lien
shall be placed on said property(s), and interest shall accrue at the
rate of eight (8 ) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
-2- Res. No. 44-95
Section 5. That in the event that payment has not been I
received by the City Clerk within thirty (30 ) days after the mailing i
date of the notice of' assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of
Palm Beach County, Florida, anddupon the date and time of recording of
the certified copy of this resolution a lien shall become effective on
the subject property which shall secure the cost of abatement, interest
at the rate of 8%, and collection costs including a reasonable
attorney's fee.
Section 6. That at the time the City Clerk sends the
certified copy of this resolution for recording, a notice of lien, in
the form of prescribed in Section 90.06 of the Code of Ordinances,
shall be mailed to the property owner.
PASSED AND ADOPTED in regular session on this the
day of , 1995.
MAYOR
ATTEST:
City Clerk
í
-3- Res. No. 44-95
· ,
COST OF ABATING NUISANCES UNDER CHAPTER 90
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOT 11, BLOCK 96, ALFRED BAPTISTE & $ 32.45
LINNS ADDITION TO LOUISETTE DENIS H/W 15.00 (ADM. COST)
OSCEOLA PARK, DELRAY, 2439 SOUTHRIDGE ROAD
PB 1, P 133, PUBLIC DELRAY BEACH, FL 33444-8112
RECORDS OF PALM BEACH
SOUTH, FL
(341 & 343 SE 3RD AVE)
LOT 7, BLOCK 9, DELRAY MARCEL CASTIN $ 32.45
SHORES, PB 24, P 233, 2155 DORSON WAY 15.00 (ADM. COST)
PUBLIC RECORDS OF DELRAY BEACH, FL 33445-2430
PALM BEACH COUNTY, FL
(2540 DOLPHIN DRIVE)
LOT 14, BLOCK 39, ROSE HOWARD $ 88.00
RESUB OF S 1/2 OF P. O. BOX 251 15.00 (ADM. COST)
BLOCK 38 & N 1/2 OF DELRAY BEACH, FL 33447-0251
BLOCK 39, DELRAY
BEACH, PB 11, P 34,
PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(SW 4TH AVENUE)
N 50' OF S335' OF LEON I. & GAIL R. JENKINS $ 32.45
E135' OF BLOCK 14, 16049 RIO DEL SOL 15.00 (ADM. COST)
TOWN OF DELRAY, DELRAY BEACH, FL 33446-2457
PB 1, P 3, PUBLIC
RECORDS OF PALM
BEACH COUNTY, FL
(118 & 120 SW 6TH AVENUE)
VIOLATION IS: SECTION 90,03 - STORING, PARKING OR LEAVING WRECKED OR
INOPERABLE MOTOR VEHICLES ON PRIVATE PROPERTY; EXCEPTIONS.
RES. NO. 44-95
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RECEIVED ~
JUN 1 6 1995
[ITY DF DELIAY BEA[H CITY M~~" -~-,,, nt ; I"J:
CITY ATTORNEY'S OFFICE :\00 W A TLA~T¡C A VE:-iUE . DELRA Y BEACH, FLORIDA 33,.44
TELEPHONE 407/243-7823' fACS\\clILE 407/243-7816
POLICE LEGAL ADVISOR
MEMORANDUM
TO: David Harden, City Manager
FROM: Eric D. Hightower, Police Legal Advisor
DATE: June 13, 1995
SUBJECT: N.C.I.C./F.C.I.C. User Agreement
------------------------------------------------------------------------
------------------------------------------------------------------------
Attached for your consideration is a revised version of the above-
referenced agreement. The two main differences from the previously
executed agreement is additional language under Section 2{a) regarding
the sharing of juvenile information and the addition of Chief Overman's
signature. Both items were requested by F.D.L.E.; the juvenile language
to reflect F.S. 39 and the Chief's signature because they want the
signature of the person who would be responsible for the enforcement of
the agreement.
If this meets your approval, please place on the consent agenda and have
both copies executed by the Commission. I will then send both copies to
F.D.L.E. for execution directing them to send one original back for our
records.
Please feel free to contact me if I can be of further assistance in this
matter.
EDH: lbg J!, Þf J
xc: Susan Ruby, City Attorney
p.T·
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FLORIDA DEPARTMENT OF LAW ENFORCEMENT
EXCHANGE OF CRIMINAL HISTORY RECORD INFORMATION
USER AGREEMENT
This AGREEMENT, entered into this day of
, 19 , between the FLORIDA DEPARTMENT OF LAW
-
ENFORCEMENT (hereinafter "FDLE") and the CITY OF DELRAY BEACH
hereinafter the "USER") witnesseth that:
FDLE is an agency of the State of Florida, established by law (Section
20.201 and Chapter 943, F. S,) and invested with power and authority to
establish intrastate systems of fingerprint analysis and identification
(Subsection 943.05(2), F. S. ) and intrastate systems of communication of
vital statistics and information relating to crimes, criminals and
criminal activity (Subsection 943,05(2)(b), F. S. ) ;
FDLE has received criminal justice information systems funding from the
Law Enforcement Assistance Administration of the United States
Department of Justice and is subject to and must, therefore, demand that
the intrastate users of its criminal history record services likewise
adhere to federal regulations relating to the collection, handling, and
dissemination of state criminal history records and information derived
therefrom (Chapter 11C, F.A.C. ; Chapter 1, Title 28, Part 20B, C.F.R.) ;
FDLE is authorized by law (Subsections 943.03(5) and 943.05(2)(b), F.S. )
to enter into agreements and become part of federal and intrastate
systems for the collection and exchange of criminal history records and
other information relating to crimes, criminals and criminal activity;
FDLE is a participant in the National Crime Information Center (NCIC) of
the Federal Bureau of investigation, United States Department of
Justice, and otherwise, exchanges criminal history record information
with the Federal Bureau of Investigation pursuant to the above state
statutes and subject to federal regulations (Chapter I, Title 28, Part
20C, C.F.R. ) and laws (Sec. 201 of Pub I. Law 92-544, 86 Stat. lllS; 28
U.S.C. 534) . As such, FDLE must enforce and demand that its user
agencies comply with pertinent federal provisions relating to the
collection, use, and dissemination of records and record information
derived from the systems of the United states Department of Justice;
USER (or a subdivision of USER, to wit: CITY OF DELRAY BEACH POLICE
DEPARTMENT) is a duly authorized law enforcement or criminal justice
agency within the State of Florida and desires the services of FDLE in
order to carry out functions associated with criminal justice
administration, and FDLE is required and willing to provide such
services so long as all applicable federal and state laws, rules and
regulations are strictly complied with;
I
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,
. ,
Now, therefore, in light of the foregoing representations and the
promises, conditions, terms, and other valuable considerations more
fully set forth hereinafter or incorporated by reference and made a part
hereof, the FDLE and USER do mutually agree as follows:
1) FDLE AGREES TO:
a) Act as the central state repository, providing
identification, recordkeeping, and exchange of criminal
- history record information services;
b) Provide USER with such state criminal history records and
information for criminal justice purposes as may be
contained in its systems and legally available to the USER;
c) Act as an intermediary between USER and the United States
Department of Justice in securing, for the use and benefit
of USER, such federal and multistate criminal history
records or information as may be available to USER under
federal laws and regulations;
d) Upon request, assist USER in its staff orientation to the
privacy and security requirements imposed by present and
proposed state and federal laws, rules and regulations;
e) Provide USER with an identification Manual setting out and
explaining appropriate procedures for completing fingerprint
cards, disposition reports and otherwise, advising the USER
of services available.
f) Provide state criminal history record check services for
non-criminal justice purpose in accordance with provisions
of Chapter llC-6, F.A.C.
2) USER AGREES TO:
a) Except as otherwise provided for by rules of FDLE, submit to
FDLE, for inclusion in criminal history records information systems,
adult and juvenile criminal fingerprint cards on all felony arrests,
adult criminal fingerprint cards on all misdemeanor and comparable
ordinance violation arrests and juvenile criminal fingerprint cards on
misdemeanor arrests as specified at Section 943.051(3)(b), F. S.;
b) Establish a mechanism for the collection and submission of
disposition data on criminal arrests (pretrial dispositions, trials,
sentencing, confinement, parole and probation) to FDLE for inclusion in
the centralized criminal history record information system in accordance
with rules of the FDLE. Rule llC-4.06, F.A.C. ;
c) Provide security for criminal history record information and
systems in accordance with applicable laws, rules, and regulations and
indoctrinate personnel who receive, handle or have access to criminal
history record information; I
,
2
.' "
d) Screen all personnel who will have direct access to criminal
history record information and reject for employment (or take
appropriate disciplinary action against) such personnel who have
violated or appear unwilling or incapable of abiding by the security
requirements established for the collection, storage, or dissemination
of criminal history record information;
e) Disseminate criminal history record information derived from
- federal records or systems only to criminal justice agencies and only
for criminal justice purposes. Criminal justice purposes include
criminal justice employment screening;
f) Except as provided for in paragraph k and m, below,
disseminate criminal history record information derived from state
records or systems only to criminal justice agencies and only for
criminal justice purposes. Otherwise, the USER will direct requests to
FDLE whenever state criminal history record information is sought for
purposes such as licensing, permitting, local ordinance registration,
non-criminal justice employment and similar purposes;
g) Query the Central State Repository (FCIC) prior to
disseminating any criminal history record information to insure that the
information is up-to-date. If time is critical, this requirement is
excused;
h) Maintain a record of any dissemination of state or federal
criminal history record information. This record will reflect as a
minimum; ( I) date of release; (2 ) to whom the information relates; (3 )
to whom the information was released; (4) the State Identification ( SID)
and/or the FBI number(s); and (5 ) the purpose for which the information
was requested;
i) Provide access to their records of dissemination and assist
in conducting prescribed audits;
j ) Establish policies and procedures governing the
dissemination of information reflected in USER's own original records to
non-criminal justice individuals or agencies for purposes of licensing,
permitting, registration, employment, school safety, etc. ;
k) Assist individuals and cooperate with FDLE regarding
requests for personal review or correction of the individual's own
criminal history record; if a minor, the assistance and cooperation
should be provided to the parents or legal guardian of the minor;
1 Defer to FDLE on any determination as to what purposes
qualify for criminal justice versus non-criminal justice designation;
m) Pursuant to a signed interagency agreement authorizing the
sharing of criminal history information as outlined in 39.045(5), F.S.,
the agency may share state criminal history record information with
appropriate school personnel on an as-needed basis. Dissemination of
information should be documented using established secondary ,
3
. ,
dissemination procedures and should be in accordance with s. 943.0525,
F.S. Agencies must maintain confidentiality of such record information
that is otherwise exempt from s. 119.07(1), F.S. , as provided by law,
PENALTIES AND LIABILITIES
Any non-compliance with the terms of this agreement concerning the use
and dissemination of criminal history record information may subject the
USER's officers or employees to a fine not to exceed $10,000 as provided
- for in Department of Justices Regulations, Chapter 1, Title 28, Part 20,
Subpart 20.25, C.F.R. and/or discontinuance of services as provided by
Department of Justice Regulations, Chapter I, Title 28, Part 20, Subpart
20.38, C.F.R. Moreover, certain offenses against system security and
the information contained therein are crimes under Chapter 815, F.S.
Nothing herein shall be deemed, a waiver of the privileges and
immunities granted to the USER under F,S. 768.28.
PROVISIONS INCORPORATED
USER shall be bound by applicable federal and state laws, federal
regulations and the rules of FDLE to the same extent that USER would be
if such provisions were fully set out herein. Moreover, this agreement
incorporates both present and future laws, regulations and rules unless
timely protest is made by the USER. Upon receipt of such protest by
FDLE, it may deem its obligations hereunder suspended.
TERMINATION
Each party retains the right to discontinue service, without cause, upon
mailing of forty-five days written notice. Each party may terminate
this agreement for cause. More particularly, FDLE reserves the right to
discontinue service, without notice, upon presentation to it of
reasonably credible evidence that USER is violating this agreement or
any pertinent federal or state law, regulation or rule. Moreover, cause
shall also be deemed to exist if any term of this agreement is bound to
be invalid, if any change in the laws applicable to either party
requires either party to curtail performance hereunder, or if changed
circumstance require either party to perform substantially more or less
than was envisioned at the time this agreement was executed. In such
circumstances, the other party may terminate performance or demand
renegotiation upon written notice to the other party that the changed
circumstances, if known at the time of execution of this contract, would
have foreclosed that party's entry into the agreement.
ACCOUNTABILITY
To the extent provided by the laws of Florida, User agrees to be
responsible for the negligent acts or omissions of its personnel arising
of or involving any actions taken by personnel of User as a result of
any information contained in, received from, entered into or through
FCIC/NCIC. Nothing herein shall be deemed, a waiver of the privileges
and immunities granted to the USER under F,S. 768.28.
,
4
. ,
·
IN WITNESS HEREOF, the parties hereto have caused this agreement to be
executed by the proper officers and officials,
Attest:
By:
Mayor Thomas E. Lynch
City Clerk
-
Approved as to form and
Legal.su~enCY: µ~þ,~~~
f/4!/r' By:
City Attorney - Delray Beach Chief Richard G Overman
FLORIDA DEPARTMENT OF LAW ENFORCEMENT
BY WITNESS
TITLE TITLE
DATE
FDLEAGRE/WINWORD
I.
5
'.
·
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ?J. - MEETING OF JUNE 20 , 1995
AWARD OF BIDS AND CONTRACTS
DATE: JUNE 16, 1995
This is before the Commission to approve the award of the follow-
ing bids and contracts
1. Bid award - to Ray Qualmann Marine Construction, Inc. in the
amount of $172,010 for the reconstruction of seven seawalls
at various locations, from 334-3162-543-61.93.
2. Contract award - renew contract award to Davis Water and
Waste Industries, Inc. for a 15 month term ending September
30, 1996, for maintenance and chemical supply for wet
scrubbers located at lift stations 1, 4, 11, and 80. Total
annualized increase is $7,200 for a revised annualized
contract of $31,200. Our Purchasing staff has independently
verified that the price of Sodium Hydroxide and Sodium
Hypochlorite has increased several times over the past year.
The current price is about 20% higher than last year's
price. Therefore, we feel the price increase is acceptable
for a 15 month period. Funding is available from 441-5144-
536-52.21.
3. Bid award - to Don Miller Patriot Fence for fencing the
expansion area of the cemetery, with funding in the amount
of $14,565 from 667-4511-539-61.77.
· . (/ J 0 if C " I
Aanda Item No.: ?,-:s~/
.'
'\ .,
AGENDA REQUES~\\
Date: June 14, 1995
Request to be placed on:
~ Regular Agenda
Special Agenda
Workshop Agenda When: June 20, 1995
Description of item (who, what, where, how much) : Project No. 94-47, Seawall
and Retaining Wall Rehabilitation. The work generally consists of
reconstructing seven seawalls at various locations within the City of Delray
Beach.
The funding source for this project is the General Construction Fund, account
number: 334-3162-543-61.93 in the amount of $172,010.00.
The lowest responsible responsive bidder for this project is Ray Qualmann Marine
Construction, Inc. with a bid in the amount of $172,010.00
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends award of Project No. 94-47, Seawall and
Retaining Wall Rehabilitation to Ray Qualmann Marine Construction, Inc. for
their bid in the amount of $172,010 O.
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding available: YES/NO
.~ Funding alternative~ . ~ .}if .1~icÄt;Le)/1 I
~ Account No. & Djf1~Ptìrt. TJ'f-L. ,bl-~.) V L- œN>T~... PRDtH2/tTY)
Account Balance S .
,/
City Manager Review:
Approved for agenda: @NO tfJ1
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
File: AG447525.MRM
. ~
. ,
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID T. HARDEN
CITY MANAGER
FROM: WILLIAM GREENWOOD ~/IIØ. "¡1t/k,S
DDŒCTOROFENYmONMENTALSERVICES
DATE: JUNE 14, 1995
SUBJECT: SEAWALL AND RETAINING WALL REHAB
PROJECT NO. 94-47
------------------------------------------------------------------
Enclosed is an Agenda Request and bid tabulation for the regular Commission Meeting on June 20, 1995,
requesting award of the construction contract for the referenced project to Ray Qualmann Marine
Construction, Ioc. They are the lowest responsible responsive bidder and the proposed contract amount
is $172,010.00.
The work generally consists of reconstructing seven sewalls at various locations within the City ofDelray
Beach.
The funding source for this project is the General Construction Fund, Account No. 334-3162-543-61.93 in the
amount of$172,010.00.
Please place this item on the agenda for commission approval.
Enclosed
cc: Joseph Safford, Finance Director
Richard Rasko, P.E., Deputy Dir. ESD, Public Utilities
C. Danvers Beatty, P.E., City Engineer
File: Project No. 94-47 (A)
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SEAWALL AND RETAINING WALL REHAB
PROJECT NO. 94-47
:¡¡¡¡¡¡¡1:¡::::::::::¡::¡:¡:¡¡¡:::¡¡:¡::¡:¡:::::::¡:::::¡::¡¡:¡¡¡¡¡:¡¡:::::'::::¡¡:¡¡::¡¡:¡¡¡¡:¡¡¡:¡¡¡:¡:¡¡:¡¡:¡:::¡:::::¡::glælll~I:¡:¡IIII:::.I"II¡¡¡:::¡:¡:¡:¡::¡::¡::::::::::::::::::::::::¡::¡::¡¡:¡:::¡::¡::¡:::::¡i:::::::::::::¡:::::::::::::::::::::t::I:t:r
No·1 DESCRIPTION I UNIT I EST. QTY. I TOTAL PRICE
1 Site 1: NE 5th Street LS 1 $32,000.00
2 Site 2: NE Ist Court LS 1 $48,000.00
3 Site 3: Basin Drive LS 1 $91,200.00
4 Site 4: SE 10th Street LS 1 $34,000.00
5 Site 5: Casuarina Road LS 1 $115,000.00
6 Site 6: Bucida Road LS 1 $32,400.00
7 Site 7: Lowry Street LS 1 $48,500.00
8 Video Allowance LS 1 $500.00
9 Indemnification LS 1 $10.00
TOTAL ESTIMATE $401,610.00
SAY: 5402,000.00
.
S/2S/9S
.
'" I ,_._ .""
.
MEMO From
CITY MANAGER'S OFFICE
To: ~ ~ Date: &/tt./9r-
~¡Ô~ ~~.
~~-£l, t!k ~ .
~ -/~- ~
~ ~ £~...
- b~ ~~ ~
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· Agenda Item No. r· JJ:L
AGENDA REOUEST
Date: 06/12/95
Request to be placed on:
XX Regular Agenda
special Agenda
Workshop Agenda When: 06/20/95
Description of item (who, what, where, how much) : Staff requests
Commission approval of contract renewal with Davis Water & Waste
Industries, Inc. for maintenance of scrubber equipment at four sewage
lift stations. Current contract expires June, 1995 with a cost of
$500.00/unit/month for total $24,000.00 annual contract. New contract
adds $150.00/unit/month due to increased chemical costs. staff requests
renewal term of 15 months so expiration will correspond with fiscal year
end. Total renewal cost at $650.00/unit/month for 15 month term is
$39,000.00. Scrubber equipment was provided & installed by Davis Water &
Waste with the Master Booster Pump station project, therefore it is
beneficial to the City to renew the service contract on a sole source
basis. Funding is from account #441-5144-536-52.21, Lift Station
Maintenance, Chemicals.
ORDINANCE/RESOLUTION REQUIRED: 1~'/NO DRAFT ATTACHED 1J'/1Q
Recommendation: staff reco~~al M:'iS contract.
DEPARTMENT HEAD SIGNATURE: . ~¿ £0/13/75
Determination of consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budqet Director Review~equired on all items involvinq expenditure of
funds):
Funding available E ~NO
Funding alternativ ~ _ (if aïPliCable) ,
~ Account 110. & Descr~tion - - ::> -S?;/P , S 2 :2-__ l-1EL2:f1\, M Ai Mr.-t'/brtrlf.S
~ccount Balance íJSJ lO.
City Manager Review:
Approved for agenda: ~NO f1f1
Hold until: \
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
·
MEMORANDUM
TO: David T. Harden
city Manager P.E~
FROM: Richard C. Hasko,
Deputy Director of Public utilities
SUBJECT: SCRUBBER SERVICE CONTRACT RENEWAL
DAVIS PROCESS DIVISION, DAVIS
WATER & WASTE INDUSTRIES, INC.
DATE: June 12, 1995
Attached is an agenda request and a copy of a proposed
service contract renewal with Davis Water & Waste
Industries, Inc. for annual maintenance and chemical supply
for wet scrubbers located at lift station #1, #4, #11 and
#80.
The previous contract, expiring in June, 1995, provided for
maintenance of the four listed scrubbers at a cost of
$500.00 per month per unit, or a total annual cost of
$24,000.00. The proposed renewal contract includes a cost
increase of $150.00 per month per unit to cover the
increased cost of chemicals provided under the contract.
Total annualized increase is $7,200.00 for a revised
annualized contract of $31,200.00.
We are requesting that Commission renew this agreement for a
15 month term. This will adjust the expiration date to
correspond with the City's fiscal year end in September
1996, facilitating contract monitoring and administration
functions in terms of budget considerations. Total contract
amount for the requested term will be $39,000.00.
The scrubber equipment was supplied and installed by Davis
Water & Waste as part of the Master Booster Pump station
project. Since they are the equipment manufacturer, it is
beneficial to the city to renew this maintenance contract on
a sole source basis.
Funding for this contract is from account
#441-5144-536-52.21, Lift station Maintenance, Chemicals.
RCH: jem
c: William H. Greenwood
Robert Bullard
Jackie Rooney
Susan Ruby
f: T/F City Manager
17:<.·
.
InS ·Servlng the Water Industry Since 1938"
P.O. Box 29
PROCESS div. 2650 Tallevast Road (34243)
Sarasota, FL 3427CHXY.29
813-355-2971
May 30, 1995 FAX: 813-351-4756
Mr. Richard Hasko, P.E.
Deputy Director of Public Utilities
City of Delray Beach
434 South Swinton A venue
Delray Beach, FL 33444
RE: SCRUBBER SERVICE CONTRACT
Dear Mr. Hasko:
As per our conversation, the cost for the scrubber service contract for L.S. 1,4, 11 and 80
will be increased to $650.00 per month, per site.
As we discussed, this increase is attributed to the increase of chemical cost of both sodium
hydroxide and sodium hypochlorite.
We at Davis Water & Waste Industries, Inc.,Process Division honor and value your business
and would like to continue this relationship.
Please find enclosed copies of our service contracts for your review and signature.
If you have any questions please do not hesitate to call me at 1-800-345-3982.
Sincerely,
DA VIS WATER & WASTE INDUSTRIES, INC.
Process Division
~~t~6'
oe Taverrite
Sales Representative
JT/sw
A:DlrayBch.Agr
"C!...tomn £atl.faatlon 11. 0:::41, :JoG. H
*
p,.inted on Reoycled Paper
. ,
MAINTENANCE AGREEMENT FOR DAVIS POLY STAGE SCRUBBERS
THIS AGREEMENT is made and entered on the day of , 1995,
by and between DAVIS PROCESS, a division of Davis Water & Waste Industries, Inc.,
2650 Tallevast Road, P.O, Box 29, Tallevast, Florida 34270-0029 (hereinafter called
Vendor), and the City of Delray Beach, 434 South Swinton Avenue, Delray Beach, FL
33444 (hereinafter called Customer),
WITNESSETH:
NOW, THEREFORE, and in consideration of the mutual covenants contained
herein, and in consideration of the premises and/or equipment, Vendor agrees to maintain
the Tri-Plex Poly Stage Scrubber owned by the Customer located at Lift Stations 1,4, 11
and 80 as follows:
1. Vendor will provide regular biweekly service checks to insure the Poly Stage
Scrubber is operating properly. Operating properly is defined as >95% removal of
up to 20 ppm hydrogen sulfide from the treated air stream.
2. Vendor will provide repair and replacement of any malfunctioning equipment
associated with Poly Stage Scrubber within three (3) working days of finding an
equipment problem, This does not apply to any equipment failure resulting from
acts or conditions beyond control of vendor.
3. Vendor will supply chemicals for Poly Stage Scrubber operation.
4. Vendor will troubleshoot odor problems as needed within three (3) working days and
correct any malfunctions in treatment system that may be causing problems.
The parties hereto agree as follows based on said consideration:
. ,
,
1. It is agreed that the above-described equipment shall be used for the storage of
and application of Vendor's products only.
2. It is further agreed that Customer shall pay Vendor a maintenance fee of $650.00
per unit, per month, per site listed above, in advance. First month's payment is due upon
delivery and installation of equipment, with subsequent monthly payments due on the first
day of every month thereafter, Any additional scrubbers maintained for Customer by
Vendor hereafter will be subject to this agreement.
3. This agreement shall extend to October, 1996.
4. Furthermore, Vendor agrees to maintain the scrubber in a serviceable condition
at Vendor's sole expense, and will furnish all chemicals and replacement parts including
certain preventative maintenance as recommended by Vendor in its sole discretion at no
additional cost to Customer. Vendor agrees to be solely responsible for all scheduled,
unscheduled, and preventative maintenance and repair on and to said scrubber, listed on
MAINTENANCE AGREEMENT.
5. Furthermore, Customer agrees to provide to any authorized personnel of Vendor
access to the side equipment herein leased. Such access is to be made available upon
reasonable notice by Vendor's said personnel and such access to be made during normal
business hours of Customer,
6. Furthermore, Customer agrees to install concrete foundations for all scrubbers.
The forms and slab shall meet Vendor's specifications, as approved by Customer's engineers.
7. Furthermore, Customer shall provide adequate and necessary electricity and water
(potable) supply for each unit.
8. Furthermore, it is mutually understood and agreed that this MAINTENANCE
. .
.
AGREEMENT may be terminated for reason of non-performance by either party upon
giving of three months', 90 days', written notice by Certified Mail, Return Receipt
Requested, from either party to the other party at the addresses listed above for each party
hereto, such 90 days to begin running upon the date of mailing of such notice.
9. Customer's liability under this agreement shall be limited to the amounts paid to
it pursuant to this agreement, and Vendor shall not be liable for any indirect, special,
consequential or other damages whatsoever. Vendor shall not be responsible for delays or
failures in performance resulting from acts or conditions beyond the control of Vendor.
Neither party is responsible for failure to fulfill its obligations under this agreement due to
causes beyond its control.
10. Customer acknowledges that all material and goods which come into its
possession in connection with this agreement consists of confidential and proprietary
information and data, whose disclosure to or use by third parties will be damaging to
Vendor, Customer hereby agrees to hold such material and information in the strictest
confidence and not to make use thereof other than pursuant to this agreement.
11. Vendor does not warrant that the equipment and goods leased hereunder will
meet Customer's requirements or operate in the combinations chosen by Customer or that
the same will be error-free, except for the express warranty referenced above, and Customer
does not make any implied warranties, including any implied warranties of merchantability
or fitness for particular purpose. The limit of Vendor's liability with respect to any express
warranty herein is set forth above.
12. Any written notice required or permitted by this agreement may be delivered by
depositing it in the United States Postal Service mail, postage prepaid, return receipt
. .
-
.
requested, addressed to the party at the address first above written.
13. This agreement and all rights under the same shall not be assigned, licensed,
subleased or otherwise transferred, in whole or in part, either voluntarily or by operation
of law, by Customer without the prior written consent of Vendor.
14. This agreement constitutes the entire agreement between the parties hereto and
supersedes all prior understandings, representations, oral negotiations and written
correspondence, all of which are incorporate herein, and no representations, understandings
or agreements have been relied upon other than those specifically set forth herein. This
agreement shall not be altered, modified or amended except by written instrument duly
executed by the authorized officers of each party. Furthermore, this agreement inures to
the benefit of and is binding upon each of the parties hereto, their respective successors and
assigns, subject to annual approval by Customer's authorized entity.
15. Any delinquent payment by Customer to Vendor shall carry a late payment
charge of eighteen percent (18%) per annum on the unpaid amount from the due date
thereof.
16. This agreement shall be construed in accordance with and governed by the laws
of the State of Florida.
.
.
IN WITNESS WHEREOF, each of the undersigned parties have hereunto set its
hand and affixed its seal by and through its undersigned authorized officers as of the day
and year first above written.
VENDOR: CUSTOMER:
DA VIS PROCESS, a division of City of Delray Beach
~Water & Waste Industries, Inc.
B ~.~~G-, BY:
A TIEST: 'i'í\ (I "'(j Ì) r:-?D Ii cor i::' A TIEST:
DATE: ÙU{\e.. 1., \qqs DATE:
NOTARY_ PUBLI'ì NOTARY PUBLIC:
~ /tt/æL
/
./
(SEAL) (SEAL)
œ __II< ~
æ"i rJ MY -roIMSSIOH , cc 243611<,: I~
ÐIPIÆS: December 2&, ~~ i~
IandId T1Iru NoIIry I'aIJIII: IËðlrM_ Î~
a,;' .......ww-~
. ,
Agenda Item No.: ~S8.
AGENDA REQUEST
Date: June 15, 1995
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: June 20. 1995
Description of agenda item (who, what, where, how much): Recommend approval
of awardin Bid #95-43 (exterior fence for expansion area
Fence in the amount of 1 .565 to be charge to account .
ORDINANCE/ RESOLUTION REQUIRED: Draft Attached: YES/NO
Recommendation: Approval.
Department Head Signature:
Determination of Consistency Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds), G
Funding available: YES NO
Funding alternative.· ~ (if~;P~
*ccount No, & Desfi ~lfI~n : IV -. _. - ç::; 'i . " ï-11 '
~count Ba~ance: 'éKpi
City Manager Review:
Approved for agenda: ~/ NO ~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
[IT' DF DELRR' BER[H
DELRAY BEACH
f l 0 M [ A
tI.ftd 100 N,W:1st AVENUE· DElRAY BEACH, FLORiDA 33444·407/243-7000
All-America Ci1
'11It MEMORANDUM
1993
TO: Joe Safford, Finance Director
FROM: Joe Weldon, Director of Parks and Recreation
SUBJECT: Recommendation for Exterior Fencing for Cemetery (Bid #95-43)
DATE: June 15, 1995
Attached please find the bid tabulations (Bid #95-43) for the exterior
fence of the expansion area for Delray Beach Memorial Gardens. Also
attached is a letter from Jerry Turner and Associates, Landscape
Architects, recommending that the bid be awarded to the low bidder, Don
Miller of Patriot Fence. Ms. Turner requested that Patriot Fence provide
additional information to substitute the C channel rails and posts with
schedule 40 rails and posts, and substitute the powder coated slide gate
with a vinyl coated slide gate. These changes will provide a comparable
quality to the original specifications at a savings of $2,265.90. I am
proceeding with the fencing of the expansion area of the cemetery at this
time because we are experiencing an ongoing problem with illegal dumping.
I am recommending that the bid be awarded to Patriot Fence in the amount
of $14,565 and charged to account #667-4511-539-61.77.
I have just received the facsimile of this today. If possible, I am
requesting that this be placed on the agenda for the June 20, 1995 City
Commission meeting.
~
and Recreation
cc: vid Harden, City Manager
Ref:cemfncbd ~ ~Pf\<)~ ç:QQ ~\ÆJV i)A
@ Print9d on Recycled Paper THE EFFORT ALWAYS MATTERS ~b~ )tK'
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.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # q·A· - MEETING OF JUNE 20, 1995
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: JUNE 16, 1994
Attached is the Report of Appealable Land Use Items for the
period June 5 through June 16, 1995. 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.
R £(! £Ù.) E., !+nO tIE.-
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,
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: ~G~~
DEPARTMENT OF PLANNIN NO' NING
laorM~ ~
FROM: JASMIN ALLEN, PLANNER
SUBJECT: MEETING OF JUNE 20, 1995
REPORT OF APPEALABLE LAND USE ITEMS
JUNE 5.1995 THRU JUNE 16.1995
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 June 5, 1995 ,
through June 16, 1995.
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 June 20, 1995
Page 2
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF JUNE 14.
1m
A. Approved (6 to 0) with conditions, the site plan, architectural elevation
plan and landscape plan for Fine Realty Office, located at the northeast
corner of N.E. 3rd Street and N.E. 5th Avenue. Concurrently, the Board
recommended that the required 5' landscape strip along the north
property line between the building and the east property line be waived
along with a reduction from 5' to 4' for the landscape strip along N.E. 3rd
Street west of the driveway. Additionally, the Board approved the following
waivers :
* a reduction of the required right-of-way for N.E. 3rd Street from 60' to
50'.
* a reduction of the parking requirement from 10 to 7 spaces.
B. Approved (6 to 0) with conditions, a minor site plan modification,
architectural elevation plan and landscape plan associated with building
and parking improvements at Lake Ida Park ,located on the north side of
Lake Ida Road, east of 1-95.
C. Approved (5 to 0) with conditions, the site plan, architectural elevation
plan and landscape plan associated with the construction of five medical
office buildings, with a total floor area of 78,186 sq. ft. for Linton Office
Center, located on the south side of Linton Boulevard, east of the Boca-
Ray Plaza.
Concurrently, the Board recommended that the City Commission approve
several requests for landscape waivers, namely:
* reducing the required landscape strip from 5' to 3' between a
parking row situated in the southern portion of Lot 2; and,
* eliminating the required 5' perimeter landscape strip along the south
property line of Lot 1 ; along the north and south property lines of Lot 3
and along the north property line of Lot 5.
City Commission Documentation
Appealable Items Meeting of June 20, 1995
Page 3
D. Approved (3 to 2), a minor site plan modification associated with the
removal of a proposed pedestrian bridge from a common recreation area
within the Andover Subdivision, located on the south side of
Germantown Road, east of Homewood Boulevard.
HISTORIC PRESERVATION BOARD MEETING OF JUNE 7. 1995
1. Approved (4 to 0) with conditions, a Certificate of Appropriateness
associated with the construction of a carport, awning and front porch for
non-contributing single family residence located at 1010 Nassau Street.
Additionally, the Board considered the following non-appealable item
relating to this project.
Approved the variance request to reduce the front setback from 25' to
10', and denied the request to reduce the side setback from 7.5' to 3' on
a 3 to 1 vote.
2. Approved (4 to 0), a Certificate of Appropriateness associated with a 688
sq. ft. addition and construction of 4' high c.b.s. wall and wood gate at
110 N.E. 7th Street.
RECOMMENDED ACTION.
By motion, receive and file this report.
Attachment: Location Map
LOCATION MAP FOR
CITY COMMISSION MEETING
OF JUNE 20, 1995
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJJt1.
SUBJECT: AGENDA ITEM # qß· - MEETING OF JUNE 20, 1995
PRELIMINARY LANDSCAPE PLANS/WEST ATLANTIC AVENUE
GATEWAY PARKS
DATE: JUNE 16, 1995
This is before the Commission to approve preliminary landscape
plans for the two West Atlantic Avenue parks located east of 1-95
previously referred to as the I-95 mini parks. To refocus the
importance of these parks to our community they were renamed the
West Atlantic Avenue Gateway Parks.
The City is in the process of making application to Beautiful
Palm Beaches, Inc. for the 1995/96 Palm Beach County Thoroughfare
Beautification Grant. Through this grant, the City may be
eligible to receive 50 percent matching funds for landscape and
irrigation costs.
The landscape architectural firm of A. Grant Thornbrough &
Associates has been hired to prepare the landscape plans and the
grant package. These preliminary plans have been reviewed by the
Community Redevelopment Agency, the Visions West Atlantic Archi-
tectural Review Board, and the Site Plan Review and Appearance
Board.
An indepth presentation of the plans will be made by Grant
Thornbrough at this meeting.
Recommend approval of the preliminary landscape plans for the
West Atlantic Avenue Gateway Parks.
~5-0
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. "-genda Item NO.1 1·8.
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'''GENOA REQUEST
Date: (¿,1/3/~
Request to be placed on:' I I
~ Regular "-genda . Special Agenda Workshop Agenda
When:
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ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: ~;.Û't' l~
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Department Head Slqnaturel ~~.-
Determinat,ion of Consistency with COl2prebensive Plan I
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C.i,ty ~ tto,rn,ey .Rev.le~l: Rec.omm~n~a tio.n, .( t'f' '"ppl-ic~b~e) I.,.. : . . ,
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funding alternatives: (if applicable)
'Account No. & Description: ,
Account Balance:
City Manager Review:
^pproved (or agenda: ~/ NO t'1
Hold Until:
AgendaCo~rdinator R~view: , -
Received: .
^ction: "-pproved/Oisapproved
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
THROUGH: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~
FROM: NANCY DAVILA, HORTICULTURIST/SPECIAL PROJECTS COORDINATOR ~£)
RE: WEST ATLANTIC AVENUE GATEWAY PARKS - PRELIMINARY LANDSCAPE PLANS
DATE: JUNE 13, 1995
ITEM BEFORE THE COMMISSION
- -
The item before the Commission is the approval of the preliminary landscape
plans for the West Atlantic Avenue Gateway Parks (a.k.a. 1-95 Mini-Parks).
BACKGROUND
The City is in the process of making application to Beautiful Palm Beaches
Inc. , for the 1995/1996 Palm Beach County Thoroughfare Beautification Grant.
Through this grant, the City may be eligible to receive 50% matching funds
for projects meeting their criteria. Only landscape and irrigation costs
are eligible for funding through this grant. Any hardscape elements would
not qualify.
The area targeted for improvement is comprised of two parks east of 1-95 on
West Atlantic Avenue. Over the years these parks have been referred to as
the 1-95 Mini-Parks, but for the purpose of this application and to refocus
on their importance within our community, we have renamed them the West
Atlantic Avenue Gateway Parks. The parks were created in 1978 at the request
of the City through the Florida Department of Transportation, but are still
under the control of the F.D.O.T. They are currently passive parks which
buffer both the residential community from West Atlantic Avenue and also
soften the appearance of this residential area from passers-by.
The Landscape Architectural Firm of A. Grant Thornbrough & Associates has
been hired to prepare the landscape plans and the grant package. The plans
before you are the preliminary plans. The plans were reviewed by the
Community Redevelopment Agency Board on June 9, 1995, and are scheduled to
be reviewed by the Visions West Atlantic Architectural Review Board this
afternoon, June 13, 1995, and will be reviewed by the Site Plan Review and
Appearance Board on June 14, 1995.
Beautiful Palm Beaches has only permitted six weeks from the time of
notification about the grant until the time the City is required to submit
plans for consideration. Due to the fact that the grant application must be
submitted on June 30, 1995, this leaves no opportunity to return to the
various Boards with final plans. Staff will ensure that all Board's
comments have been addressed to the extent possible.
1
To date the CRA's comments have been directed at the extension of the
sidewalk along West 12th Avenue to provide better pedestrian access and
linkage to the Parks from the adjacent residential neighborhoods. As the
grant does not cover hardscape elements, this would have to be reviewed and
implemented as a separate project.
Proposed landscape improvements consist of removing the mass of Seagrapes
toward the street which blocks the views into the parks. These materials
would be relocated to the back of the park to soften the fence. Groupings of
vertical elements, such as Sabal Palms and Mahogany Trees would be tied
together through mass curve-linear understory plantings. Additional berming
would be created in the center of the parks to effect more contouring.
Aside from the clusters of flowering trees proposed, the emphasis has been
on native trees as the inclusion of these natives affects the scoring of our
application.
The park areas adjacent to West Atlantic Avenue will have groupings of
Coconut Palms with under plantings of Cocoplum, Pink Pent as and Rhoeo. We
are trying to maintain a color scheme of pinks, purples and yellows to tie
in with the strong pinks already established within the medians of West
Atlantic Avenue.
An indepth presentation of the plans will be made by Grant Thornbrough at
the June 20th Commission meeting.
RECOMMENDATION
Staff recommends approval of the preliminary landscape plans for the West
Atlantic Avenue Gateway Parks.
2
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·
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERII'1
SUBJECT: AGENDA ITEM # C¡.C· - MEETING OF JUNE 20, 1995
RESOLUTION NO. 45-95
DATE: JUNE 16, 1995
This is before the Commission to approve a resolution authorizing
the City to apply for funding through Beautiful Palm Beach, Inc. ,
for the 1995/96 State and County Thoroughfare Beautification
Grant Program. The requested funding is to improve the land-
scaping and irrigation of the mini-parks flanking West Atlantic
Avenue just east of I-95. Only landscape and irrigation costs
are eligible for funding through this grant.
A. Grant Thornbrough & Associates, has been hired to prepare the
plans and to assist with the grant application. Plans are to be
designed with the total budget of $50,000. Beautiful Palm Beach,
Inc. is a 50 percent matching grant. The City has asked for
$25,000 through the 1995/96 budget for the required match.
Since Beautiful Palm Beaches, Inc. puts a lot of emphasis on
projects that impact gateways into communities, the mini-park
areas are to be known as the West Atlantic Avenue Gateway Parks.
Recommend approval of Resolution No. 45-95 which would allow the
City to apply for funding through Beautiful Palm Beaches, Inc.
for the 1995/96 State and County Thoroughfare Grant Program.
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RESOLUTION NO. 45-95
A RESOLU~ION OF THE CITY COMMISSION OF THE CITY OF
DEL RAY BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER
AND HIS STAFF, THROUGH CONSULTANTS, TO APPLY FOR
FUNDING THROUGH BEAUTIFUL PALM BEACHES, INC. , FOR THE
1995/96 STATE AND COUNTY THOROUGHFARE BEAUTIFICATION
GRANT PROGRAM.
WHEREAS, the area known as the West Atlantic Avenue Gateway
Parks is one of the primary gateways to the City of Delray Beach,
Florida, from the I-95 Interstate System; and
WHEREAS, the City Commission desires the City of Delray I
Beach to improve the appearance of this area through the installation I
of additional landscaping; and
WHEREAS, Beautiful Palm Beaches, Inc. has continued its
grant program at the direction of the Metropolitan Planning
Organization and the Board of County Commissioners, known as the
1995/96 State and County Thoroughfare Beautification Grant Program;
and
WHEREAS, the City Commission of the City of Delray Beach
wishes to authorize the City Manager and his staff, through
Consultants, to apply for funding through said grant.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach hereby authorizes the City Manager and his staff, through
Consultants, to apply for funding through Beautiful Palm Beaches, Inc.
for the 1995/96 State and County Thoroughfare Grant Program.
Section 2. That the City Clerk of the City of Delray Beach
is hereby directed to send copies of this Resolution to Beautiful Palm
Beaches, Inc. and all other interested persons.
PASSED AND ADOPTED in regular session on this the 20th day
of June, 1995. ~~
ATTEST:
01 Mn@!:./ú.~JIoz!if
City Cl k
. ,
MEMORANDUM
TO: DAVID HARDEN. CITY MANAGER
THROUGH: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~
FROM: NANCY DAVILA. HORTICULTURIST/SPECIAL PROJECTS COORDINATOR ~
RE: RESOLUTION/BEAUTIFUL PALM BEACHES, INC./GRANT APPLICATION
DATE: JUNE 13, 1995
ITEM BEFORE THE COMMISSION
- -
The item before the Commission is the approval of a resolution authorizing
the City Manager and his Staff. to apply for funding through Beautifu~ Palm
Beaches, Inc. for the 1995/1996 State and County Thoroughfare Beautification
Grant Program.
BACKGROUND
The condition of the mini-parks flanking West Atlantic Avenue, just east of
1-95 has deteriorated over the years. and it was suggested that the City
make an effort to improve the condition of the landscaping.
Various funding sources available through grants were reviewed and the most
timely and applicable grant was through Beautiful Palm Beaches. Inc. which
is a 50% matching grant. The grant applications were sent out to the public
about the middle of May and must be submitted no later than June 30. 1995.
In anticipation of the the B.P.B.I. Grants being released, the City Manager
addressed the Commission on April 18, 1995 to inform them of the City's
desire to enter into a Service Authorization with a local landscape
architectural firm.
The Landscape Architectural Firm of A. Grant Thornbrough & Associates has
been hired to prepare the landscape plans and to assist with the application
to Beautiful Palm Beaches. Inc. Plans are to be designed with the total
budget of $50,000. The City has asked for $25.000 through the 1995/1996
budget for the required match.
Since Beautiful Palm Beaches, Inc.. puts a lot of emphasis on projects that
impact gateways into communities. we have now come to refer to the park
areas as the West Atlantic Avenue Gateway Parks.
RECOMMENDATION
Staff recommends that the City Commission consider approval of the
resolution which would allow the City to apply for funding through Beautiful
Palm Beaches, Inc. for the 1995/1996 State and County Thoroughfare Grant
Program.
. .
· ok'
tfJ1
[ITY DF DELRRY BEACH
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7091
DELRA Y BEACH
f lOR I D "
.......
AII·America City MEMORANDUM ~ Lft;jl
, (II J!
DATE: June 16, 1995 de/, h diS5ur/inq)
( (llt.. t/lf) ~ ïJ
1993 TO: City Commission
6/aDj95
FROM: Susan A. Ruby, City Attorney
SUBJECT: Lakeview Golf Course Purchase
The Contract for Sale and Purchase of Lakeview Golf Course is before you for your
consideration.
The Contract provides for the following:
1. Purchase price - $2,150,000.00.
2. Closing date - August 2, 1995.
3. Seller to pay for Documentary Stamps, title insurance and Seller's attorney's
fees.
4. Seller will pay all outstanding debts, etc., on the property to closing.
5. The City will honor league commitments through October 31, 1995.
6. The City will honor all existing play cards and shown in Exhibit C to the
Addendum until October 31, 1995 and all league commitments (which includes
tee times and $1.00 reduced green fees through October 31, 1995.
7. The City, if it decides to purchase the property, will have 40 days to conduct
inspections, etc., which should include an environmental assessment.
8. The City, if it decides to do so, will be purchasing the property in its "as is"
condition. The City must provide written notice within 40 days if it decides not to
proceed to close on the property. If the City fails to provide such notice, the City
@ Pnnted on Recycled Paper q·D·
Memo to City Commission
June 16, 1995
Page 2
must close on the property or be in breach of the contract. If the City provides
timely notice of its intent not to proceed, then the contract is void.
By copy of this memorandum to David Harden, City Manager, please place this matter
including Resolution No. 47-95 on the City Commission's June 20, 1995 agenda for this
consider tion.
cc: vid Harden, City Manager
Alison MacGregor Harty, City Clerk
Bob Barcinski, Assistant City Manager
Braham Dubin
lakevw3,sar
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I
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RESOLUTION NO. 47-95 i
i
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF I
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO I
I
PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, KNOWN AS THE LAKEVIEW GOLF
COURSE, AS MORE PARTICULARLY DESCRIBED HEREIN, HEREBY I
INCORPORATING AND ACCEPTING THE CONTRACT STATING THE i
TERMS AND CONDITIONS FOR THE SALE AND PURCHASE I
BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH, I
¡
FLORIDA. I
I
WHEREAS, the City of Delray Beach, Florida, wishes to I
acquire real property known as the Lakeview Golf Course located on
Lakeview Drive, City of Delray Beach, Florida, and associated personal
propertYi and
WHEREAS, the Seller, Lakeview Golf Club, Inc. , desires to i
sell the property hereinafter described to the City of Delray Beach,
Florida; and
WHEREAS, it is in the best interest of the City of Delray ,
Beach, Florida, to purchase said property in order to provide the I
citizens of Delray Beach an executive golf course facility for I
recreation purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE I
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Florida, as Buyer, hereby agrees to purchase from Lakeview Golf
Club, Inc. , as Seller, land, appurtenances, and personal property to
provide for a public golf facility for the purchase price of Two
Million One Hundred Fifty Thousand Dollars ($2,150,000.00' and other
good and valuable consideration; said parcel being more particularly
described as follows:
See Exhibit IIAII
Section 2 . That the costs of closing the transaction,
including but not limited to title insurance, document preparation and
attorney's fees shall be in the amounts and shall be paid in the
manner set forth in the Contract for Sale and Purchase and Addenda
thereto.
!'
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Section 3. That the terms and conditions contained in the I
Contract for Sale and Purchase and Addenda thereto between the City of I
Delray Beach, Florida, and the Seller as hereinabove named are i
incorporated herein and are set forth as Exhibit "B" hereto,
PASSED AND ADOPTED in regular session on this the 20th day
of June, 1995.
Ø4~
ATTEST:
() fÙlI:ml.fJt¡f){ ~ ¡ "fL1 liatif !
C~ty Clerk
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- 2 - Res. No. 47-95
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.' fé,ta10ni tha arc' of '.ild~. turva to'~ 'pÔint; tbenc¡¡~iûñ:S: 480 i9,~/58"1l 126:40,' ' ..
" .' fut· to a þölnt':: thenèëi' iun'''s 050° .44' ,OS"I 143.18' feèt~t~" a :po:b\t( tl1~nc:.'run·: : . ._:;
., S: å90'42' 31"11989:93 feet"tö a po!J\t; :the.nce run N' 51~ 11' 07"1 14S.00 feet" ~
to & point; thenee run N' 4So '03' 0.5''W 126.36 feat to & point of intersectioD
, 'With . cune tô' the left havinl for its e1eaenta a yadiua of 225 feet, 8 centnl .
I IIng18 of 60 3S" 071~ ·.ánd a chord ,burin& þf' ~ 38?' 39' 301fË: thence run 12S .86 . ,
feet alon; the arc of aaid curve to . point: tbence run. S 540 38' 13"X 135.46' .
. feet"t:o a point;: thencs :run N 240 36':05"1 134.62 feat'to & poInt; thenc:e Xun .
. due ~orth 321.32 fe'e't:.to·' å. point; thenCë' rùñ It ,440 S8'03" E 63.00 feet" to a
paINT I THENc! JluN ,S,·,89°. 27' 28"1 431.1f feet ,to . PoIn~; thence Tun.due No'tth. .
300.01 ~eet tö a point; thence Tun S.89~ 27' 28" 1,~04~44 feet' to & point:·tbence
. Tun'S O. 08'. OÔ"W·34~~00..fut·a1ón~ å·11~~,8~~~O :feè,t.l1·!~t·of ånd parallel to' . "
.aid Eut 11n. of the South one-half .(sJ1 of ..U Sectlon"24' to a point; tbenca
YUD N 890 27' 28''W lSO.OO fut to a poInt; tnenè. tuQ. S:Oo OS' 00"W198.68 feet
. 810n& .. Un, 230.00' feet Yut of aad parÏtllel to uid 'Eest line 'of the South
" one-h81f:(S~ of laiJ Section 24 to a point; thence run S 710 SSw 541'W 441.21 feet
. . to & point; thence run.S· 30.0 39' 281~ 3S1.82 feet to the Po~nt of Bes;innin¡::
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l,c111ninl at the Sou~h\lest corner of tot 19; Block 1; IJJŒ\'1Ðl. accordIng to
Plat look 30, llt,e 10: thenc:. rin S 240 291 011'1 4.13 feet along a Southerly
. .extendon of the Yeaterly line of uid tot 19, to a point; thence run N 510 111 07"1:
146.67 feet a1.nl a'~ina 4.00 feat Southerly of and v~ra~~el with the Southerlr
-D lIne of .aid tot 19 to a point or iotersection vith a So~the.sterly extension
-4 of the Easterly line of lid Lot 19: tnence run N 4So 03' 06''\1 4.05 fut alon~ '
-4 .1'~(1 r,·lItheo8tnr1y extension to the Southeast corner of sate. _.: _'" l:lenc:... ..u.\
-4 S ,no 111 07''W 145.00 faet doni the Southerly line of said tot 19 to the Point
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i . A pzn:'~ù of land 121 ·the S~uth ~nc-bI1Ù '(SIc) of Secti~n 24" TO\lnlhip '46" South.·'
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812.31' feat alone t:ha!Xa.t line of utd South oue.-balf. (S~ of Section 14 to, &
"..;, pòiû'tf t~ence 'Î:U1\ 1t .8g~..;.51' ,09'~ \l 843.06f.et along ''',.line 812.31 !e~t){ö'~th' .
.. .<, :" . of, and', parallel ;to, tb'é; 'Soû~h line of .ãid S.ction 2X:to· the "oint "of'1Se&1i\idnï;'
.' ." ,:,~':;~..; :..:V~bëêe;:',cõDtinU.}¡ 89~~.5ïti:09!'..\(37S8.S1 f.et alón¡~"ä1.4~'lin., to.å pÕiJ1t;·fthëñe.
. .': .:: !~.;: :,~:', .!; x\iri~:du.'. sò;'¡th':2~1 ~31:·f..t;tè· 'å pò!üt;"·thëäè." 'CUn'S 89? .,27.!";:a'.'l:'~~'.9Aif"-t:1tö·:::' ~ "
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. :;,:;~.,;: .:, ' 0g'\~"3~8.~~1~~~.t. aloiiï·.~· iGå:~16.00 ~I?t: ){orth,~of .aM p.r~üf_to:,~~~~~·,
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. ^,pucHof land 111' t'bc South' 1(1 'õ(·s~';.t'ion·,"4i TOVnship .46:Sô\,th;'J'..:Inte·~2' '.' ';,;- .?~~:¡
,tnt, Dp'~~å1, !~~ch..~alú :Beåc~ Co~tÿ~'l~Qi1~,å~ ,:. ~."':: ?,.:,/. -'~:.-. . '.: .,' '. ',::,~~}
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COl!::e:1c. at th. SoutheÂat comer 'Þ,f add Sáctloci14;- thcDê.' M' ~o:éth QO 0.8' 00" . . ',·~·S
East 1231.2.7 ,h.talong the T.ut'·line of said $()uth 1/2 of Section 24..to a point;· "',
thence run North 89~ 2.7' 18" \la.i:"11S8~7S·!eåt:to the Point of !Í!ginning; thence ,:,
c~nt1uu. Raitt( 890. 27' 28" Weat'1'ÒO.'oo' 'feet: ~to"å' point: t1uince·1:i.i,dto·r·th 590 27'. " ,~:
28" t-:ut .160~OO feet to '& point; thenc. 'xun Ho~th 890 21' 28" \fest ,740.00 feet to' ,.;:
..~ ~oi~t; . th~¿e' . run ',So'uth 600. 32',.'32" \lut 8S.oo feet ·to· it. .point:".th~nce ~un Horth' .';;
I , 8l,,/~1~ ..~2...~. ~~~.~..:;~~,~i,.I~~~~~~,:t.ò':~':"p~i~tT ~1\'en~~:~~~~~~i:~.~,~~;:l~~);},?~~,..~ë_~: lZ6,~.~,--:"" ".:~ t::,.,:~
feet to .a point;" thence xÜn,.North"89o,·21! . 18".,·llest· 60.00 .feet· to &. polilt"th·ence.,:': ":~'a. ..£...,.;:.
. .' .... .J. ..·"·th' 51' ° :"7 i ':3'2.' II"'.. : " ..·"6·S..· 00· .. ·r" ..,.... ..>, :.,',.,..... ·:"h·-"';· ~'···-····d ..·'~N..~ '. ·'1\'''\'5' O·;oo·..1'f·"..r..·t··:' , ~..~ ;..... ,:¡'
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.;....::. o.a,po ntr:.t(\cnca,1:UI\:Horth<t89 .:¡,11 '18'~..,\lest;¡2s.01!faet\to ..Po,....t;.;tneDce·xuQ..· . .;.... /¡·'¡'t
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.. ,. ': '('. ue' OU.. ;¡."t ~ e.t:-to .'po ut¡o¡, CUl"lh:ure'O :·.'·curv.· 0; .n.·r.:e ~ a,,~,"g~ or...,..~:¡ ,.,,~ n,.~..;
. ' '.it...'~ .'1'..·...· .....':;r,..~'·:Ji' ...',¡'. "f- ·'17·S'''··00- ·'r..'·"..·'···:JI·~ ·,·_~"··.t··ål't1·"':";·'¥"I.·~·;,;"O~57..í1--1-3..rt·:~tb·.,.~.' ..".,'.. ;;.'it-::n: .;¡:;o:'. '~'
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. . run'. . . eet,:along/the,Zl.xc of'uid curva<to~a POiìít:~thonC:~Tun. or to'; ,..,"'v,,'!.···.=':.!,~ ~~"l",
, 56" 'iï.t~: l1S;'OÕf!ë¡t'ttô'~~-p'oiñti~th~ë·.~'iú~~'~·G·i:h"71~t1S~~:53.~. iÄä't;S3:i~Tfë~t< :~~, \:~~~ :.~:;::':'t-:
. .' ..',. ..:: .',...y..... "~ ",' II' ." ,.... ..., ......, .,......,. ."".'.,<.......... .,.-'.. ,,' '..., -. ., ~"1
to & point:', thenc:e xuD..~orth'82.·:,,36' '17~ E.âiit 1Sl'.81:-!eat to' ·p,oi~t;"t.h~ce·, ·'/51 ;"'.::'.'
run Soúth 890 42' 31'!-Eås~.lioo.,öo· !ut"tó ä'·Põi1Ït....t1\ené:f.·rui\·'~~:ü~¡{ 74~:3S" . "~ ....
I . 57" tilt 103.58' feat to a·.point;' th&Ì\C:.· Tun Soûtb 890 411. 31k' '!aat 237.88 ..'.
. feet to'.·pö1'nt;· tti~¿..xun:·So·úti\S40.33' 13",:iàst·1~1.67·fé.t 'to &'poinï:·on.' . ."~
. curve tó. th.left ,h..viriS· fcir ita ·.ltme.nts·. iáuui Sf 17S:00feet,. & c:e~i:ral ' ./
:10&1. of, 'S?,: 1i:' '06'!;~Nîd, å~ëi\òrd bCl1rini' of' Ròii:1i 39 ,11! io'~ }:.åst:; thence "CUD. : ~...:
25.00 te. t. 'ålö~i ti\¡;"'ãié"'óf'iiid c:u-rva to ~ PÓint;. thence"Tun No~t~: S~o 38'. ....: .
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'" A. ?kRC!L .OF L\}.'D 1N THE SOUIREAST ONt:.qUAAT~1t (51: 1/4) or SEctION 24 t 'tOWNSHIP ': .:~
..' " 46soUtit. AANGI:,42 EAST..P}J.H IE¡\.ë1t'CÓW'Í"t. noUDA,~IEING }X)]Œ PARtICULAJU,"!··": ~'.',
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'tou,t; :It\l:~tC! ~UN. S 7,1°' 551: Slt'!:\l;4u.11 nrr:~~..s~:~:~:r.~.~.·,O';~CI:'~a~... ' .:"~
'10'" POIN't; 'JJŒNCE Þ.UN S 3()O 39', 2ß"'V 423.96 nn 1IJ)!IG·8.AID JOUNDAX'f OF''XMC'! .
I "a" 'to A. 'POIN'T; 'niE:HcB ~tni S 89° 51 t. 09~ I 544.45 ·Jtt't·ALoNO Mi v.snn't ' ' :;. .
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. . 000 OB' 00". ~ 285.00 nri'IÓ Å POINt; 'I\I!NCI Þ.1m s'890 51! '09" X'240~OO nEt
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: YEST OF AND l.AML1.D. \lITE 'IB:& EAS't t.IN1.01 s.AID SEC'IION 24. 'to 'rR:& POlm: OF ':~:. I'"
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CONTRAct FOR SAtE AND PtJkCHASt
FLORIDA ASSOj:IATlDN OF REN_TORS' AND THE FLORIDA BAR -
PARTIES: T.,a,IŒVTEW C:;OT.F CLUB, INC, ('~(
of C/O David W, Schmidt, Ese¡, . 100 N.E, Fifth Avenue, Delray Bch. FIWhone)4 07 - 2 7 8-2 6 O~
and C'T'I'V OF ORT,Rlo.V J:lRlo.C'H, ;" Florin;" ml1ni~ip;"l ~orpnr;"tinn ('1iJ!xi(),
01 100 N W. 1st ,a,vemJe Delr~ Bch" PI. 13444. (Phone) ,
he,eby ag,ee thaI Seller shall sell and Buyer kll buy the fo owing Real P'O!>erty and Personal P'O!>"rty (eoUect,vety "~) U\IOI1 the follOWIng terms and conditions, which
INCLUDE Standa,d. tor Real E.late Transaction. ~') on tha raverse side or an&ched hereto and riders and addenda to Ihis Contract lor Sale and Purchase ('¡;sml!~n
I, DESCRIPTION: Beach legal description attached
(a) Legal description of Real Property Iocaled in Pal m County, Florida: See
hereto as Exhibit "A" and made a part hereof, which shall include all
builrlinç!'\ and appl1rtenl'lncP!'\ nnw exi!'\tinCjl nn th." property,
(b) Streel address, city, zip, of the PrOPr~ is: Addendum and Schedule "A".
(c) Personal Property: See a ached
II, PURCHASE PRICE ......,....,..............,........ .,......,.......,,'.. ,..,..........,..........,...,........ ,.... ,........., ,........' '........,.... ,..,......., ,.... ,...............,..,....", $ 2,150,000.OC
PAYMENT: -0-
(a) Deposit held iñ esclOw by in 1ha amount of ............,......,......,.., $
(b) Additional escrow deposit within_days afte, Effective Date (as defined in Paragraph III) in 1ha amount of ........,..............,..,.... $ -0-
(c) Subject to AND assumplion 01 mortgage in,good slanding in favor of -0-
having an approximale p<esenl principal balance of .... ...., ......................,.........., ,..........,....,..'................,......... ..........................,....,........$ -0-
(d) Purchase money mortgage and nola (see addendum) in 1ha amount of ,..,.......,....,......................,....,...........................,..,..,....,..............$
~) Other: $ 0-
(f) Balance to close by U.S, cash, LOCALLY DRAWN certified or cashier's cheCk or third-party loan, subject to adjustments and p<oralions ....,......, $ ., .''''0,000 O[
III, TIME FOR ACCEPTANCE OF OFFER: EFFECTIVE DATE; FACSIMILE: II this oller is not execu1ed by and delivered to all parties OR FACT OF EXECUTION communieated in
wrjtiog between the parties on or before June 21 . 1 9 9 5, lhe depo.il(S) will. at Buyers option, be relurned to Buyer and lhis oller withdrawn. The dale 01 Contract ("~
0aIe") witl be the dale when the last one of the Buyer and Seiler hes signed Ihrs ofter A lacsomile copy 01 this Conttaet and any sognalures hereon shell be considered lor all purpo.es as Otiginals.
IV, FINANCING:
(a) iI the purchase price C1I any part 01 " is 10 be financed by a third-party loan, 1I1is Contract is oondîtioned on Buyør obtaining a written oommitment within &1Iœts after E_ Data t>r
(CHECK ONLY ONE): ~ a bed; U an adjus1abIe: or ~ a bed Ot adjus1abIe rale loan t>r the principal amount 01 $ N / A , at an irWaI_ rate not to II1<œed~ %,
disoount and origonation lees not to II1<œed !i L A_ % of the principal amount. and a Iam1 oIli~ yea... Buyør wi! make application wiIt1in _ days after EftectNe Date and ....
reasonable diltgence to obtain the loan commitment and. thereafter, to satisfy the terms and conditions of the commitment and dose the loan. Buyer shall pay all loan expenses.
If Buyer fails to obtain the commitment or fails to waive Buyer's rights under thiS subparagraph within the time for obtaining the commitment or, after diligenl effort, tails to meet
the terms and condit\ons of the commitment, then either party thereafter, by written not~e 10 the other, may cancel tms Contract and BUy1Ir shall be retunded the depœ"{s); or
(b) The e.isting mortgage described in Paragraph lI(e) above has (CHECK ONLY ONE): 1:1 a variable intares! rale; Of 0 a lixed intarest rate of!'i.L.A- % per annum, At tima of
title transfer some fixed interest retes are subject 10 increase. It increased, the rate shall nol exceed ~ % per annum. Seller shall, within Nl.A...- days after Effective Date.
furnish 8 st8temen1 Irom each mortgagee ststing pnncipal balance, method of payment, interest rate end status of mortgage. It Buyer has agreed to assume a mortgage which
requires app,oval of Buyer by !he mortgagee lor assumption, then Buyer shall promptly obtain the necessary applicalion and diligenlly complete and relurn it to the mortgagee.
Any mortgagee charge(s} not to exceed $~ 1 A shall be paid by Buyer. II Buyer is not accepted by mortgagee or the requirements for assumption are nol
in accordance wjth the terms of this Conlract or mortgagee møkes a charge in excess of the stlted amount, seller or Buyer may rescind this Contract by written notice to the other
party unless either elects to pay the increase in interest rate or excess mortgagee charges.
V, * TITLE EVIDENCE: AI least - 1 0- days before closing dale. but no earlier than Nl.A- days after SeUer receives written notification that Buyer has obtained the k>an
commitment or been approved lor the loan a.sumptlon as provided in Paragraphs IV(a) Of (b), above, or, II applicable, waived the financing requlremenl., (CHECK ONLY ONE): W Seller
shalt, at SeUer's expense. deliver to Buyef or Buyer's attorney: or -J Buyer shall at Buyer's expense obtain, in aCCOfdance with Standard A. fHECK ONLY ONE\· ..t abstract of lilts; orXl
title insurance commitment (with leglbte copies of Instruments listed as exceptions) and, after dosing. an owner's pohcy of title insurance. see addendwn .
VI. CLOSING DATE: This lransaction shell be ctosed and the deed and other ctosing papers deliVered on R ,., , Q '" I urness extended by other provisions of Ihis Conlracl.
VII, RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer .hall take tille .ubjecIIO: comprehensiVe land use pians, zoning, restriclions, prohibitions and other requirements imposed
by governmental authority; restrictions and mahers appearing on the plat or otherwise common to the subdivision: public utility easements of reCO~d (easements are( be located cont~us
10 Real P'operty ~nes and not more then 10 leet in width as to !he 'ear or iront lines and 7 II2IeeI in widll> as 10 \he side lines, un""'. otherwIse stated hereIn), xes lor year ot dosing
and subsequenl yaar'/a~"J.med morttr' an~~rchase money mortgages, II any; (iI other maners, see Paragtaph XV); ptOVided, that !here aXlsls at cto.ing no violalion of the toregoong
an,i none OflheMrr\ useëtR'¡¡ r~r~ or e go 1 f CO u r s e purpose(s)
VlII,PÓI?èltP : Seller warrants thallhere are no partie. in occupancy other then Seller: but, " Property is intended 10 be rented or occupred beyond ctosing, the lact and terms
thereot shall be statad herein and lhe tenanlls) or occupants disclosed pursuant to Standard F, Saller shall del....r occupancy 01 Proparty at lime 01 ctosing unie.. otherwise stated herein.
If occupancy i.lo be delivered belore ctosing, Buyer assumes all risk ot loss to Property 'rom date 01 occupancy, ahell be responsible and tiable tor maintenance from \hel date, and shall
be deemed 10 have accepted P'O!>"rty in its e.i.ling condition as of tima 01 laking occupancy unless oIherwise staled herein,
IX, TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewri!len 01 handwritten provisions, riders and addenda shalt control an printed provision. of this Contract in c:onftíct wiII1 them
X, RIDERS: (CHECK those riders which are ~ AND are attached to this Conttact):
(a) ;¡ COASTAL CONSTRUCTION CONTROL LINE RIDER (e) ;¡ INSULATION RIDER
(b) ;¡ CONDOMINIUM RIDER (f) U "AS IS' RIDER
(e) '.J FHANA RIDER (g) 0
(d) ;¡ FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT RIDER (h)W
XI, ASSIGNABILITY: (CHECK ONLY ONE); Buyer.J may assign and thareby be ralaased 'rom any further habilily under thIs Contracl;:J may as.ign bu1 not be ,elaa.ed from liability
under this Contract; or" may not asstgn thIs Contract.
XII, TIME: TIme is of the e.sence of this Contract,
XIII, DISCLOSURES: Buyer (CHECK ONLY ONE) :;¡ acknowledges: or U does not acknowledge receipl 01 \he AgancylRadonlCompensation, !he Raal Property Sales Expense
Disclosure Warning. and, if apptica~, Ihe Mandatory Homeowners' Association disclosures. BUYER'S INITIALS.
XIV, MAXIMUM REPAIR COSTS Seller shall not be responsible lor the payment Of costs in e.ces. of:
[a) $ N/A tor traatmant and rapair under Standard D (" blan!<, \hen 2'''' oItha Purchase Price),
(b) $ ...N I A lor repair and replacement uncle' Slandetd N [II blank, then 3% 01 !he PUlChase Price).
XV, SPECIAL CLAUSES: If additionalspaee is required, attach addendum and CHECK HERE !JC
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT, IF HOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING,
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR
Apptoval does not constilute 1/11 apinrOn thaI any ollhe terms and cøndtlions in /llis Conlract should /Ie accepted by ,he parnes in a patlicu/ar ltansaction, Tenns and condrtions should
/Ie negoll8tec1Þesad upon /he raspectiw inletflSts, oÞ¡ectioes and bargaining positions 01 aN inlere8led persons,
,
(Buyer) C i t y of Delray Beach (Date) (Sellar)Lakev i ew Golf Club, Inc. (Date)
Social Security or Ta. 1.0, . Social Security 01 Tax I.D. .
(Buyer) (Date) (Seller) (Date)
Social Security or Tax I,D. . Social Security or Tax I,D, .
ra raph II (a) received; IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE. rCNI Agent)
BROKER'S FEE: The bfokers named below, _raling broke's, are !he only """'ers ton ;n connection with this Contract:
Hame
Uatlng B,oker COoperating BroIIero, II any
I FAR18AR·3 ~msPd 7/'9A RIDERS CAN BE oeTAINfD FRO~ THE HORIOA ASSOCIATION OF REA.lTOR$~ OR THE FLORIDA BAR
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115,111 toe! 10 . point: IIIenct run 1115,11 feff .Iq . "'" 116,110 feff
__ 126,36 MI to . polnl 01 II,. NOI1II III end IIf.11t1 10 South Ii'" of
torIICIion willi . CUM 10 IIIf Itff "'.' tIid Section II to . point: tIIont. run
InO .... lis .......,. . rid;" of US 1I3O'3!'2I'E C,I' MI to tIIf Poi'" øI
MI, . """.1 .""If of 6"35'or .nd . Btginning,
dIørd ....'Ing of NJ8039'JlrE: 1t1fnc.
!\III 25,16 Itrt .1On¡ tIIf .re of said fMCIL .
CUM 10 . point: tho!I<. run
$!I'3 '\:rE US,16 toe! to . point: ,.......i"IIncIInIllfSovttløne-ll.11
tIIont. run 1UM6'D5"E 131.62 feff 10 . 1$\\) 01 5ecIiOn 2.. T_iP 16 South,
point: IIIenct run duf NorItI ~I,32 left II-. C EISt. PoI"y It«h. P.lm
to. pol"" _ run II""58D3"E 63,110 IIøcII eaunrv. F 1Orldl,
feet to . 'pol"': tho!I<. run SII"27'2I'E
G1.1. feff II> . poi"': IIIenct run dut Commence " tIIf SouIhtIsI _ of
lIid 5ecIion 2': IIIenct run _'WE
1731.21 feff .IonO lilt Em Ii", 01 said
SovttI _Ii (5\,¡1 01 Section 2' to .
poInl: 1IIfnc. run Hl!"21'2I"W 1258.15
tot! 10 tIIf Poin1 of 8tl/innino: Ihrnc.
_illUf _ f!021'28'W 200,00 feff Iø
. point: 1t1fnc. run _ Sf"11'28'W
210,00 ftf! 10 . point; tho!I<. run
Nf!021'2I"W 1~,1IO MI to . point:
_ "'" S6O'I2'32'W 15,00 feff 10 .
point: _ run _ ao.1·52'W
318,17 feff to . pol"': Ihrnc. run
SCfOI6'11'W 116,110 IWI to . point:
-. "'" _'2I'W 10,00 feff to .
point; "'" _ S1"27'3l' _ 61,110
1001 to . point: 1IItnc. run due North
11,111 feff to . point: tho!I<. nII1 NorItI
11"21'21' _ 125,Ot feff to . poinl:
tIIInc:. run due SovttI f/,4] feff to .
C of tUN""" 01 . <11M to "" If11
I"""" i1S_. rldi\l$oI
115.00 MI .nd . """.1 .""if of
2II'S1'13': 1IItnc. run ...111 feff .IonO
IIIf ore 01 ..id c..... to . poi"': tIIontf
"",__WE I1S,lIIIfeffto.
point: 1IItnc. run S7Io15'S3'E 53,15 ,.,t
to . point: IIIfncf run N O '1I'E
211.81 feff to . poinl: 1t1fnc. run
Sll'C'3l1E 11110.00 Itrt 10 . poinl:
tIIont. run SI"'3S'51'E 101.58 feff 10 .
r:;r: - run Sl9'C~I'E 231,.
to . IOÌIII: I!Ienct run SovttI
Sl'3l'13'E 121.61 loft 10 . point on .
curwtollltltff"'.i""fori1SfIf.
-. . rldi\l$ .. \7S,OO 1tf1. . ",,1r.1
... of "11116' .nd . _d ....'ino 01
~2O'E: tIIont. "'" 25,00 ItfI
lion¡¡ tIIf orc 01 lIid CUM to . poinl:
-. run _ Sl'3l'13'W 113,69 Iftt
to . point: tIIonœ run ... _ 33,41
loft to tIIf Point 01 h9iMing.
NIIOIL JOU8
A....ctJlllllnclmlllt_
-"'" (SE'..) of Section 2',
T_¡P 16 _. A_ C US!,
1'1101 8Hcn COUnty, FIOrIdl, e.;no
... lll!icullrly dtscrIIIfd .. 101,
lows:
-.c1nO ",.,.__
II TrId '8', L.lifYw. Kcording to
... pili _ _ In PIlI IIoOk
30, PIOfS 10 .nd 11, of tIIf public
...... 01 p.lm It«h eaunrv, FiØli,
cII,_run_¡.«¡.IIOfeet
llanO IIIf EIst _'1 01 Slid T,Iet
'8' 10 lilt _ Of 1ItOmnin¡ : 11>enC.
.
0.
ce ;1/ (50^-, .....,.,.'"
---..
IIOTICE IS HERElY GIVEN. tt\at ""
CIfr 01 0IttIr 1NdI. ·Fwidl Ns df.
PVp') IiImIMcIIt1OÞtInW\tÞes1inttm101
(;2 _C"".~tIrtØI"'J""
1I1Y.".ftltL.Jb't\ftGolf
c.... ""'*iJltf IUI'pOII$, ffIe
_II "*1p111k\111rty àIIcrIIIed IS
-,
--
... lll'CtlOI.....lnflltSOUtllonHli"
_,,, SIItfion 2'. T......$OUItI.
.... GEISt. Dllray 8eIch. p,lm
a.d\Coumy, FlarlClliting n'lCnPlr·
tlcNrtydllcrlbld.toIlOIn'
~lftlllSlutMlltCOl'Nfol
IIid IId*\ 2A..... M N..... E
ItU1t1etlllng'" Eat lineoluicl
IIUIII......H (S""J 01 k110n 2.to.
.; fIIIra NI NIfi'SI'" W 100.06
..........linlI1U1fw Þtør1tIoI
"' III'IlitilOllltSluttlIinlOlUid
SldtDn204tDthtPllntofllgiMillSl;
IIIra QII\'fInue Ntf'SI'OP'W 3751.52
........idlinl1D.point,tIIInc.
"MItor1tI%7SAI "" to. point;
w.ar'M)SIJII21'2f'f.ø.IIIHtJo.
poInt.....ntldlleMor1ll..ttfftt
to I point; WIIftCf N\ SI9'2Mft
...flltto...;"*'teM
.wøft,,,,,.,,,øoiIIt, thlnet
nil .. 50uttI _lID flit to . point;
IIIIIIC:I ntn 52P5r2IE IJt.1IO fwI to .
.. ItwItt M NSNrCI"E 125.110
W..pørlntllflrltrlrllct/Oltwnft.
QII'¥I to IIIIIItt lining for ~..
...es.l"lCliusofl25f1r1..~.1
.....of6'2flCl'lI'III.dllnltlwln9of
....ft"; ffIftf Nl2J.or,.,.1CIng
tIIt.-r:ofUldt\l'¥t1D.poirrt;ftIInct
nil wwrw 12'..11 fIrI to . point;
a.aI'llllSJlDjftf'£\411M1t11.
,- =~=;r::~~'1~~
.... .... 10 . þDInt; IIInct rvn
u~p JWIIII3WW tJU6 ,., to . point 01 i~
......wIth. cwwtll1tll 11ft III~·
..... Its ""'*"'. rIdIIa of 225,
...., I CII'IIr.I..... of P3517' II'ICI.
*'....inRof~;ftIInce
nil 25M felt IIong ""1Ft of Mid
ant 11 I point; 1fIInc:. nil
Ul'WU"E 12$.... frill II) . point;
IIIIIC:t nil Ift.fIWWE 1UJ2.. to .
IIIitI;ItIIftC:tI'llllIlutNorttl321.32feet
to. point. tMncI rvn fIoU'5I'03"E Q.IXJ
WIa..;ItIIIIctM5Ø'27'3"E
.cn.~""...point;lhInttrvnM
.......01.... IOInt,ltIenœrun
.-v2I'E ....., fief III . point;
IIIøe run S PII'IØ'W Ml.lllferI.1OnII
.....aJOfMWtstofJndptr,n.1 to
.. EIIt lint 01 "" SDuIt\ onH'IIlf
1S¥l1 Of Slid &ectiOn 24M. poin':
IIII'IttrvnNlfl'271l"W15D.oofetftaa
.' "-xf"'" sPWIIN IIU' ~
..., . lint 230.00 fwt WtS! Of .1Id
I ....UIeIIDSIid £lSIliNOf1tle SOUt!I
....It (S""') of..1G S«tiOn 24 to.
".",; bwnu nil'! S7J'5rSfW .u1.21
teltto.poInt;"*'ttN'l5JlD3t1l'W
JI1.1ZfWto1tlt Point Of 1I9I""lng;
L.E15:
,
. ~'1""-"""'.
¡ If, lock I, L.Þ.KEVIEW, ICCClto.
_...,.,... JR, PItt ID; ffWnc~
¡ nIIS2II2rDÆ4.13fwt.IorIg.5ouTI'>-
...,. ~ Of 'lilt Wtstwly Ii.. 01
Ilk! iM 'It, to . point; ttwIce rvn
MJeft17"'E '....,..,./ong.I/ne4.oø
tIIt~lyo/lftdPl',lltlwfttofflf
..,....,llfIeo/..idLol19to.point
"iIfIIW:ttonwtth.SOUIMIsterI,.u-
fInI/onOfflll£lIfIn'yfinlalsaiC'LoI
19; tbenœ nil N ...:D'ft d:5 fttf
..., alld SOUItIIIstIrly ntensiOn to
III ScMtINIt '*"'" Of lIIicllICfion,
I... run 5Ml'Ø1'W lC5.GD '"'
I tllnD1MSaultltrt,. linto/Slid Lot 19
totlltltolntflilleDlnning.
--
'............. ~ anHIilf
~1.Sldlan24,TII...,IiP.SII!./!tI.
.... .f2 flit, OW.,. INch, p,lm
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a....nœ ".. SouttIIIIt c:omer at
1-""''' _.""'-..,
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.........:'1s~:dof5lc1ianUto.
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/ IIcnon a.".. PoInt of lIgInnil'l ; I. '
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=:: C.W '-' to.. PoInt of;-
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c-wa.,IIIt~~«O
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1111.27 "" 1i1n11bt EIIt 'l1li of Slid
SIIInI ...." (S!hl of S«tìon 2. ID ,
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fwlls~'rNiIillOl
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J ....; IIIInc:t ntn SIft.c2"31"E 231.
I =.;: <::......::. ~
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~;flllrlc:trvn15..fIrf
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fIIra run Morft! 5I'WIJ'II' IUM,."
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"
--
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....,., I!EVI) of S«tIon 2A. .
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.'
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NI SØ'51WE 11......10. p(ÞInt;
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¡ =:=. to,:-.:, ~
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IIIkItt7:_...._JltyIl,wtS. .
II CITY OF PELIAY lEACH.
FL.ORiDA
--"""
etrrCJort
NllIII\: .-.',...... 1995
I~~-
..""..
"
.,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 1£ - MEETING OF JUNE 20, 1995
PROPOSED 1995 UTILITY TAX REVENUE AND IMPROVEMENT
BOND ISSUE/LAKEVIEW GOLF COURSE FINANCING
DATE: JUNE 16, 1995
This is before the Commission to consider the proposed 1995
Utility Tax Revenue and Improvement Bond Issue for the Lakeview
Golf Course Financing. We are recommending that:
Resolution No. 27-94 which authorized the 1994 Utility Tax
Bond Issue, also be used to authorize the proposed
financing.
Authorization be given to the Mayor or his designee to deem
the preliminary official statement final when Becky O'Connor
or Susan Ruby deem it final.
Authorization be given to these individuals to do all things
necessary relative to the issuance of the bonds between the
Commission meeting of June 20, 1995 and the tentative
meeting set for July 19, 1995, at which time the details
resolution will be adopted (The details resolution
authorizes the pricing details of the bond sale.)
We recommend approval of the above authorizations relative to the
proposed 1995 Utility Tax Revenue and Improvement Bond Issue for
the Lakeview Golf Course Financing.
~ 5-0
.'
- -
Agenda Item No. : 1£
AGENDA REQUEST
Request to be placed on:' Date: June 9. ]995
x Regular Agenda Special Agenda Workshop Agenda
When: .TunE' 20. 1995
Description of agenda item (who, what, where, how much):
Approve the use of Resolution #27-94 for the proposed 1995 Utility Tax Revenue Bond
T!':!':IIP Allthori 7.E' the Mayor or his designee to deem the preliminary official statement
f';"!:Il for rnp propo!':po nond issue when it is deemed final by staff and to do all things
RQC"Iì~ary ""'01 ~r;'uø t'"n t"hø Rnnc1~
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Approve the following contingent upon the approval of the
Lakeview Golf Course purchase.
Department Head Signature:
Determination of Consistency
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO n/a
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: ®/ NO Zrl
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
· -
MEMORANDUM
To:
From: Joseph M. irector of Finance
Subject: Proposed 1995 ility Tax Revenue Revenue and Improvement Bond
Issue-Lakeview Golf Course Financing
Date: June 9, 1995
Because the above referenced financing is needed in a short time frame, we
are recommending that the following measures be taken. We are recommending
that Resolution 4t 27-94 which authorized the 1994 Utility Tax Bond Issue
also be used to authorize the proposed financing. Resolution t 27-94
authorized an amount not to exceed $8,500,000. An amount of $5,810,000 was
issued for the 1994 Utility Tax Issue leaving a balance of $2,690,000 which
will cover the proposed bond issue. We have received bond counsel's
approval in this regard.
We are also recommending that authorization be given to the Mayor or his
Designee to deem the Preliminary Official Statement final when Becky
O'Connor or Susan Ruby deem it final. We also recommend that authorization
be given to these individuals to do all things necessary relative to the
issuance of the bonds between the Commission meeting of June 20, 1995 and
the tentative meeting set July 19, 1995 at which time the details resolution
will be adopted. The details resolution authorizes the pricing details of
the bond sale. Staff will proceed with the financing given the approval of
the golf course purchase as well as these two items.
c: Rebecca S. O'Connor
-
MEMORANDUM
To: David T. Harden, City Manager
From: Joseph M, s~ector of Finance
Subject: Proposed 1995 Utility Tax Revenue Revenue and Improvement Bond
Issue-Lakeview Golf Course Financing
Date: June 13, 1995
This is to recommend that Public Financial Management be authorized to
provide financial advisory services in conjunction with the above
referenced financing. Their fees will be paid out of bond proceeds. All
other team members of the financing team have had prior approval by the
City Commission.
c: Rebecca S. O'Connor
~ $-0
9F
-
Agenda Item No.: 9F
AGENDA REQUEST
Date: June J?, 199"
Request to be placed on:
.
x Regular Agenda Special Agenda Workshop Agenda
When: June 20, 1995
Description of agenda item {who, what, where, how much;:
A rove Public Financial Management as our financial advisors or che
proposed 1995 Utility Tax Bond Issue Lakeview 0 ourse lnanclng .
ORDINANCE/ RESOLUTION REQUIRED: YZS/NO Draft Attached: YES/NO
Recommendation: Approve the above.
Department Head Signature:
Determination of Consistency
~
-.
J ..
City Attorney Review/ Recommendation (if applicable): '"
Budget Director Review (required on all items involving expenditure
of funds) :
Funding available: YES/ NO * Funded by Bond proceeds.
, Funding alternatives: (if applicable)
\ Account No. & Description:
Account, Balance:
/'
City Manager Review:
Approved for agenda: &/ NO t»i
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
OK
81r1
[IT' DF DELIA' IEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278,4755 Writer's Direct Line: (407) 243-7091
DELRA Y BEACH
F LOR I D A
~
AII·America City MEMORANDUM
l' III!
DATE: June 16, 1995
1993 TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Settlement Agreement and Release Between City of Delray Beach and
Accordial Anthem
AnthemlAccordia is the City)s self-insurance fund manager and is responsible for
administering the City's self-insured health plan.
Joe Safford, the City's Finance Director, questioned Anthem's charges to the City for
premium taxes payable to the State. Mr. Safford asserted that our relationship with
AnthemlAccordia is not an insurance relationship and, thus, by statute premium taxes
were not due to the State.
The Florida Department of Revenue (reversing an earlier contrary opinion) ruled that the
City need not pay premium taxes.
The City received a reimbursement from the State for premium taxes paid in the years
1991, 1992, and 1993. The statute only requires the State to reimburse the City for a
three year period.
This settlement concerns the years 1989 and 1990. The State did not reimburse the City
for taxes paid in these two years. The total premium taxes for these two years was
$53,262.29. Anthem has paid these taxes to the State, but the City cannot obtain
reimbursement from the State for the years 1989 and 1990 due to the statutory constraint
and is seeking restitution from Anthem.
Anthem has agreed to split the reimbursement and tender $26,631.15 to the City is full
settlement of the claim by the City.
VY/øtWn!if ~ w/~ Id~~
.A.L¡ I
1m cJL¿ éwrJ t¡ J.I1AA/
-5-0 C¡·G·
® Printed on Recycted Paper
.
Memo to the City Commission
June 16, 1995
Page 2
By copy of this memorandum to David Harden, City Manager, our office requests that
this settlement agreement and release be placed on the City Commission agenda for
Co actio .
S
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
Joe Safford, Director of Finance
anthem,sar
Acordia of South Florida, Inc. Stephen C. Pollart ~ordia
.')
501 South Flagler Drive, Suite 600 Vice President
Post Office Box 4237 Employee Benefits
West Palm Beach, FL 33402-4237
(407) 838-9663 June 12, 1995
Mr. Joe Safford, Director of Finance
City of Delray Beach
100 N.W. 1 Avenue
Delray Beach, FL 33444
Dear Joe,
In response to your letter of May 30th, Anthem wishes to reconfirm their position relative to the
status of the refund of health insurance premium taxes from the State of Florida for the ASO +
policy years 3/1/89 to 12/31/90. While we are pleased that the City has successfully obtained
a favorable opinion from the State Revenue Department regarding the refund for the years 1991
through 1993, Anthem continues to support the position that the charge and collection of
premium taxes for this product was correct and in accordance with the statutory guidelines at
the time. Despite the fact that they believe no refund is due, Anthem and Acordia value the City
of Delray Beach as our client and wish to maintain a successful relationship. Therefore, to settle
this dispute equitably and fairly Anthem is willing to offer a refund of one half of the taxes paid.
The attached exhibit reflects the calculation of the amount of taxes for these two periods. The
attached agreement would legally settle the dispute and allow us to move forward.
Please review this material and feel free to call me to discuss. Thank you for your assistance
with the resolution of this difficult situation.
Sincerely,
.::¥:~~.~
Steve Polla.t"i
Vice President
SP/ms
cc: Jeff Angello
. .
,.
EXHIBIT - TAXES
City of Delray Beach 5414 Terminated ASO +
Estimated Premium Taxes
Premium Taxes were not charged to the City for policy year 3/1/88-2/28/89.
Premium Taxes effective 7/1/88.
Policy Years:
3/1/89- 2/28/90
3/1/90-12/31/90
Final Accountings
Total Earned Premium 3/1/89- 2/28/90 $1,611,705
Total Earned Premium 3/1190- 2/28/91 $1,718,225
1989 12 Months @ 1.75% Factor .0175 $1,611,705 Premium
1990 10 Months @ 1.75% Factor .01458333 $1,718,225 Premium
Taxes 3/1/89- 2/28/90 $28,204.84
Taxes 3/1/90-12/31/90 $25,057.45
Total Premium Taxes 1989,1990 $53,262.29
Note: The State has agreed to refund taxes for 1991,1992,1993.
"
SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release ("Agreement") is made by the City of
Delray Beach (the "City") for the benefit of Anthem Life Insurance Company ("Anthem").
Recitals
A. An insurance policy known as an ASO Plus Product was issued by
Anthem to City on March 1, 1985 and continued until it was tenninated on January 31, 1994.
B. On July 1, 1988, the State of Florida instituted a premium tax for
premiums paid for insurance policies.
C. Anthem charged City the applicable amount for premium taxes beginning
on March 1, 1989.
D. On August 18, 1994, the Florida Department of Revenue issued Technical
Advisement No. (B)8-002 finding that for the years 1991-1993 City was not liable for premium
tax.
E. Anthem refunded premium tax amounts to City as directed by the Florida
Department of Revenue.
F. City contends that it is also entitled to a refund of premium tax charged by
Anthem for the period from March 1, 1989 to December 31, 1990.
G. Anthem contends that it does not owe a refund to City for the period from
March 1, 1989 to December 31, 1990.
H. The parties desire that the dispute presently existing between them shall be
immediately settled and forever set at rest, and that the parties shall be spared the trouble and
expense of a continued dispute.
. , "
A~reement
In consideration of the premises and in consideration of the release contained
herein and of the actions taken pursuant thereto, the parties agree as follows:
1. Contemporaneously with the execution of this Agreement, Anthem shall
pay to City the total sum of Twenty-Six Thousand Six Hundred Thirty One Dollars and Fifteen
Cents ($26,631.15), the receipt of which is hereby acknowledged.
2. City hereby releases and forever discharges Anthem, all of Anthem's
affiliates and subsidiaries, and the agents, officers, directors, employees, attorneys, predecessors,
successors and assigns of Anthem and all of Anthem's affiliates and subsidiaries, both
individually and in their representative capacities, from any and all elaims, demands, rights of
action or liabilities of whatsoever nature, whether known or unknown, which City has or may
have against Anthem, Anthem's affiliates or subsidiaries, or the agents, officers, directors,
employees, attorneys, predecessors, successors or assigns of Anthem or Anthem's affiliates or
subsidiaries, based upon, arising out of, or in any manner connected with City's claim for a
refund of premium taxes from Anthem.
3. City warrants that it has not assigned or transferred to any person or entity
the claims released in the preceding paragraph 2. City also warrants that it is the sole party in
interest with respect to the claims, and that no person or entity owns or has asserted a lien on or
other claim to any amounts paid or to be paid to or on behalf of City by Anthem.
4. ~el\li¡¡Jity Clause. City agree t it or its representatives will not
. selose to any person, firm, c~n, organization or entity, ei
by imph ion or innuendo, any informatl concerning the terms or provisiOIì~this
ount paid by Anthem pursuant to . Agreement. City furthe~ to
jw153503 2
" ,
discI e, disseminate or reveal the original, an copy or any portion of this Agr ment, either
directl or indirectly, to any person, firm, corpora 'on, organization or entity and no o publicize
or assist i the publicity of the settlement of this matt . City agrees that the provisions
Clause were and are a material inducemen to Anthem to enter into this ~
Agreement.
5. The parties acknowledge that this Agreement constitutes the compromise
and settlement of disputed claims, that all parties have denied and do deny any liability for any
and all claims asserted, and that this Agreement and the actions pursuant thereto do not constitute
an acknowledgment or admission on the part of any party of liability for any matter or a
precedent upon which liability may be asserted.
IN WITNESS WHEREOF, City, by its authorized representative, has executed
this Settlement Agreement and Release effective as of the _ day of ,1995.
CITY OF DELRA Y BEACH
By:
Title:
This Settlement Agreement and Release has my approval.
Attorney for City of Delray Beach
jw153503 3
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER eM
SUBJECT: AGENDA ITEM # c¡.II· - MEETING OF JUNE 20, 1995
REJECTION OF BIDS/LIFT STATION 50 YARD PIPING
DATE: JUNE 16, 1995
This is before the Commission to consider the rejection of all
bids for Lift Station 50 yard piping, and authorize staff to
readvertise the project with a reduced scope of work.
The work consists of manifolding multiple force mains discharging
to Lift Station 50 and abandoning a seriously deteriorated
manhole currently accepting the force main discharges. The bids
received were significantly higher than our anticipated budget,
which is attributable to the inclusion of construction elements
in preparation for conversion to a booster pump station. Since
evaluation of the conversion project is not yet complete, and
funding is not programmed in the near future, the scope of the
project will be reduced
Recommend rejection of all bids, and authorize readvertising the
project with a reduced scope of work.
~ 6-0
"
.
" Aqenda It_ )to. 9· ¡.¡.
AGENDA REOUEST
Date: 06/14/95
Request to be placed on:
XX Regular Agenda
special Agenda
Workshop Agenda When: 06/20/95
Description of item (who, what, where, how much): Staff requests Commission
reject bids submitted for construction of L.S. 50 yard piping revisions and authorize readvertisement
of the project (95-026) with reduced scope of work. The lowest bid of $164,700.00 submitted by
Sullivan Brothers, Inc. significantly exceeds the project budget of $70,000.00. Increased bid amounts
are attributed to construction scope which anticipates conversion of L.S. 50 to a booster pump station.
The conversion project has not been completely evaluated as yet, therefore, construction elements
accommodating the proposed conversion will be eliminated from the design.
ORDINANCE/RESOLUTION REQUIRED: JJ'/IQ DRAFT ATTACHED JJ'/IQ
Recommendation: Staff recommends Commission 50 yard
piping revisions and authorize readvertisement with
DEPARTMENT HEAD SIGNATURE:
Determination of Consistency with comprehensive Plan:
city Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of
funds):
Funding available YES/NO
Funding alternatives (if applicable)
Account No. , Description
Account Balance
City Manager Review:
Approved for agenda: (§¥NO fff1
Hold until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
. , .
"
RECEIVED
JUN 1 6 1995
MEMORANDUM
CITY M.M.~:,~~"'·, m:FlCE
TO: David T. Harden
city Manager ~~
FROM: Richard C. Hasko, P.E.
Deputy Director of Public utilities
SUBJECT: REJECTION OF BIDS L.S. 50
YARD PIPING PN 95-026
DATE: June 14, 1995
Attached is an agenda request and a copy of the bid
tabulation for proposals received for construction of the
subject project. We are recommending that Commission reject
the bids submitted and authorize readvertisement of the
project. We had anticipated spending approximately
$70,000.00 for the work which consists of manifolding
multiple force mains discharging to L.S. 50 and abandoning a
seriously deteriorated manhole currently accepting the force
main discharges. As seen on the attached bid tabulation,
bids received were significantly higher than our anticipated
budget with the lowest proposal at $164,700.00 from Sullivan
Brothers, Inc. The increased bid proposals are
attributable to the inclusion in the project of construction
elements which anticipate the conversion of L.S. 50 to a
booster pump station. Since evaluation of the L.S, 50
conversion project is not yet complete and funding is not
programmed in the near future, we are revisiting the project
design to delete construction scope to accommodate the
booster pump conversion concept.
We are recommending that Commission reject all bids and
authorize readvertising the project with a reduced scope of
work.
RCH: jem
c: William H. Greenwood
Jackie Rooney
.
on
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. . . ,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 9·:f,· - MEETING OF JUNE 20, 1995
DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF CITIES
ANNUAL MEETING
DATE: JUNE 16, 1995
The 69th Annual Convention of the Florida League of Cities will
be held August 17 through August 19, 1995, at Kissimmee.
General policy development is one of the primary purposes of the
annual convention. It provides an opportunity to focus attention
on municipal home rule and prepare a positive program to
strengthen cities throughout Florida.
The League is encouraging each member city to send as many
delegates as possible to the convention, and is also requesting
that each city designate one of its officials to cast votes at
the annual business session. League by-laws require that each
city select one person to serve as the city's voting delegate.
Recommend designation of a voting delegate to cast votes on
behalf of Delray Beach at the annual business session of the
Florida League of Cities.
VlZat¡ð7 ~/JtdJ
5-0
, . ...... ICpL .-LA-
FLORIDA LEAGUE OF CITIES, INC.
Memorandum RECEIVED
9 JUN · 9 I99S
TO: City Managers/City Clerks c" 1 ::JTY MI"¡ ~""'" OFFlI
FROM: Raymond C. Sittig, Executive Dir
SUBJECT: OFFICIAL ANNOUNCEMENT - 69TH UAL CONVENTION
Florida League of Cities, Inc.
August 17-19, 1995
Hyatt Orlando, Kissimmee, Florida
DATE: June 6, 1995
Enclosed is a tentative program and registration materials for the annual meeting of the
Florida League of Cities.
General policy development is one of the primary purposes of the annual convention.
It provides cities with an opportunity to focus attention on municipal home rule and prepare a
positive program to strengthen cities. Therefore, each city is encouraged to have one official
attend the convention as its voting delegate and participate in the discussion. A fonn designating
your city's voting delegate is enclosed along with procedures for presenting resolutions to the
League membership.
It is important that each city send as many delegates to the convention as possible. The
convention program will include some timely workshops, educational seminars and general
sessions of interest to all cities.
Should you have any questions or need additional infonnation, please feel free to contact
the League office at Suncom 278-5331 or 1-800-342-8112.
RCS:VBP:vs
Enclosures: Fonn Designating Voting Delegate
Procedures for Submitting Convention Resolutions
Convention Registration Fonns (3)
201 Wpst Park Avenup . P,O, Box 1757 . Tallahassee. Florida 32302-1757 . (904) 222-9684 . Suncom 278-533]
. ,
,
PROCEDURES FOR SUBMITTING RESOLUTIONS
69TH ANNUAL CONVENTION
Florida League of Cities, Inc.
August 17-19, 1995
Kissimmee, Florida
In order to fairly systematize the method of presenting resolutions to the League membership, the following procedures have been
instituted:
(1) Proposed resolutions must be submitted in writing, to be received in the League office a minimum of 30 days prior to the
first day of the annual convention (July 17, 1995).
(2) Proposed resolutions will be rewritten for proper fonn, duplicated by the League office and distributed to members of the
Resolutions Committee at least 15 days prior to the first day of the annual convention. (Whenever possible, multiple
resolutions on a similar issue will be rewritten to encompass the essential subject matter in a single resolution with a
listing of original proposers.)
(3) Proposed resolutions may be submitted directly to the Resolutions Committee at the convention; however, a favorable two-
thirds vote of the committee will be necessary to consider such resolutions.
(4) Proposed resolutions may be submitted directly to the business session of the convention without prior committee approval
by a vote of two-thirds of the members present. In addition, a favorable weighted vote of a majority of members present
will be required for adoption.
(5) Proposed resolutions relating to state lee:islation will be referred to the appropriate standing policy committee. Such
proposals will not be considered by the Resolutions Committee at the convention; however, all state legislative issues will
be considered by the standing policy committees and the Legislative Committee prior to consideration by the membership
at the annual Legislative Conference each fall. At that time, a state Legislative Policy Statement will be adopted.
Cities unable to fonnally adopt a resolution 30 days prior to the first day of the convention may submit a letter to the League office
indicating that their city is considering the adoption of a resolution, outlining the subject thereof in as much detail as possible, and
this letter will be forwarded to the Resolutions Committee for consideration in anticipation of receipt of the fonnal resolution.
...........................................................................................................
IMPORTANT DATES
June 9 August 1
Notice to Local League Presidents Resolutions Mailed to Resolutions
and Municipal Associations Requesting Nominees Committee
to the Resolutions Committee
July 3 August 17
Appointment of Resolutions Committee League Standing Committee Meetings
Members Resolutions Committee Meeting
V oting Delegates Registration
July 17 August 19
Deadline for Submitting Resolutions to the Immediately Following Luncheon - Pick
League Office Up Voting Delegate
Credentials Followed By Annual
Business Session
. ,
. ' . .
.
69TH ANNUAL CONVENTION
FLORIDA LEAGUE OF CITIES, INC.
AUGUST 17-19, 1995
~SS~E, FLORIDA
It is important that each member city sending delegates to the Annual Convention of the Florida
League of Cities, designate one of their officials to cast their votes at the Annual Business
Session. League By-Laws require that, each city select one person to serve as the city's voting
delegate .
Please fill out this form and return it to the League office so that your voting delegate may be
properly identified.
Desienation of V otine Deleeate
Name of Voting Delegate: THOMAS E. LYNCH
Title: MAYOR
City of: DELRAY BEACH, FLORIDA
AUTHORIZED BY:
~~
Name/ ,;
Thomas E. Lynch, Mayor
City of Delray Beach, FL
Title
Return form to:
Florida League of Cities, Inc.
Post Office Box 1757
Tallahassee, FL 32302-1757
. ,
"
, ,
[ITY DF DELHAY BEACH
DELRA Y BEACH CITY CLERK
f l 0 . I D " 100 N,W, 1st AVENUE . DElRA Y BEACH, FLORIDA 33444 . 407/243-7000
~
All-America City
, ~ III!
1993
June 23, 1995
Mr. Raymond C. Sittig
Executive Director
Florida League of Cities, Inc.
P.O. Box 1757
Tallahassee, FL 32302-1757
Re: Designation of Voting Delegate
Dear Mr. Sittig:
Please be advised that Mayor Thomas E. Lynch has been selected by
the Delray Beach City Commission to serve as the City's voting
delegate at the 69th Annual Convention of the Florida League of
Cities, Inc. , to be held August 17-19, 1995, at Kissimmee.
As requested, the Designation of Voting Delegate form is
enclosed.
Should you have any questions, please do not hesitate to contact
me at 407/243-7050.
Sincerely,
~ifJLßfJ1P lIazIE(
Alison MacGregor Harty
City Clerk
AMH/m
Enclosure
cc: Mayor Thomas E. Lynch
David T. Harden, City Manager
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS
. ,
· -
M E M 0 R A N D U M
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: VACANCY ON THE HISTORIC PRESERVATION BOARD
DATE: JUNE 15, 1995
Betty Devitt has resigned from the Historic Preservation Board
creating a vacancy to a term ending August 31, 1996.
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.
Also, they shall have knowledge, experience, judgment and background
and have personal or professional interests or experience in historic
restoration and preservation. They will have the ability and desire
to act in the public interest and represent, insofar as possible, the
various personal and professional interest required to make informed
and equitable decisions concerning the preservation, conservation and
protection of historic districts and structures.
The following persons have submitted applications and would like to be
considered for appointment:
Janet Baron
Richard Brautigan
Robert Brewer
Ron Brito (owns property in City)
David I. Cohen
Anthony Damiano
Joe Farkas
John L. Frysinger
Patricia Healy-Golembe
Susan Hurlburt
Rebecca Jennings
John P. Johnson
Frank A. Rozzo
Thuy Shutt
Pursuant to Commission direction, a check for possible code violations
and property liens was conducted. None were found.
The appointment will be made by Commissioner Smith (Seat #1).
Recommend appointment of one (1) person to the Historic Preservation
Board with a term ending August 31, 1996.
Ill. doc ::J;; hI) '::;;h/1Sðn Ilppel17M 4 /lJ~. SI)')I Yh
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~
Bell,! P ::Devill
,May 18, 1995
Ms. Pat Cayce
Historic Preservation Board
100 N.W. 1st Avenue
,
Delray Beach, FL 33444
Dear Ms. Cayce:
This is to confirm my telephone
conversation of yesterday with you
wherein I informed you that it was
necessary that I resign as a member of
the Historical Preservation Board
because of other commitments which make
it impossible for me to attend and to be
what I perceive to be a good and
valuable member of the Board.
Regards.
Sincerely yours,
/
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-
M E M 0 R A N D U M
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: VACANCY ON THE COMMUNITY REDEVELOPMENT AGENCY
DATE: June 15, 1995
The term for Edward Zuraw will expire on July 9, 1995. He does not
wish to seek reappointment due to business constraints. The term will
be for four (4) years ending July 10, 1999.
Per Statute, a person may be appointed as a Commissioner if he/she
resides in or is engaged in business (which means owning a business,
practicing a profession, or performing a service for compensation, or
serving as an officer or director of a corporation or other business
entity so engaged) within the area of the agency, and is otherwise
eligible for such appointment. A person cannot hold any other public
office other than his/her commissionership or office with respect to
the Community Redevelopment Agency.
The following persons have submitted their applications for review and
were contacted to verify continued interest:
David I. Cohen (has applied to any board/committee)
Michael S. Eisenrod
Richard Kelley
Richard Kheel
Harriet Lerman
Jon Levinson
Michael Manning
J. Michael Pakradooni (currently serving on the Civil Service
Board)
Michael G. Park (currently serving on Board of Adjustment)
Richard Sheremeta (currently serving on the Site Plan Review
and Appearance Board; term ending 8/31/95; not interested
in being reappointed)
John Weaver (currently serving on the Site Plan Review and
Appearance Board; term expiring 8/31/95; is not interested
in being considered for reappointment)
Pursuant to Commission direction, a check for code violations and
property liens was conducted. None were found.
Based upon the rotation system, the appointment will be made by Mayor
Lynch (Seat 115).
Recommend appointment of one (1) person to the Community Redevelopment
Agency to a term ending July 10, 1999.
Jõhn ()) Eßo6e- 4 III Il<¡o f:.. &'¡IJC!.h
5-0 9.1(
. -
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME JO~N WEAVÞ-.t2..
~IA$MINE DRIve, VfSL£A-t ~~ Fï... ~34-~?
HOME ADDRESS (Street, Ci~y, Zip ode) (LËGAL RESIDENCE)
'3\0 .,. e. ?1' "TfZE.e.r, ~lJlœ 4, Ve¿.eA'í ~ù. FL. ~34Ø3
PRINCIPAL BUSINESS ADDRESS' (Street, City, Zip Code) I
HOME PHONE --!4bì) 27~'70~4 BUSINESS PHONE ~40ì) 24~ . e700
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING J3..AN N nJ ('1 At-.LD ZON INhf .
,
? IrE: PlA~ REv! EW . ~A¡;?D of ADhJ'3íMP-Nr- eRA
/
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
NÓN~
EDUCATIONAL QUALIFICATIONS
. ?~íA-í/bl\\ ~/GI-l "¿.t+nbL Iq&q
_~ .Br2tNJAIZr CoMr-/\\}l\!rf'Í ÚJUR-'Æ IQ70 - 9ívPle.., IN A~.hr=c.n.H<.E../ EI-J~'NF-E~IN~ AND
lNO Æ~) 5vf{"eyltJ~
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
.f~r-E~IONAL LANP rylJl(':VEflltZ UC~ ..JSE / ReAL1'"oR - A~c..JAíE. L-ICEt-J?~
GlVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
HEUER· WEAýE1<. ANt? LAíO. !"-IC. , eNGINeeR~ AND htJ~eYOK~, PrZE6/DE¡..JT
I DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
...B<ð¡::e??IONÞrL.. ~A~I(6~[7 ANt' P/TŒCr E.tPeftlENCe Wlí"i+ -mE VeveLOf'ME:NT
AtJD/ ()~ ReDEVELPPMENr OF ruE Fo/J lM!IN~ P¡eOJS¿í6~ fEN!\!!., Ce.NíP.R.
. I
ÚJ~~'e CoMMtJNJ, PARK , MILLe!? fAr<~, ALu::'Ý IMPr<.oJF-M~tJï f'Æ.OhK'AM AND
I ~WINrt'N ~\Jí/F'ICATlON
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MA C USE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
~vl~ ~?;, 1~~7
DATE
, ,,...,...
..
[IT' DF DELIA' BEA[H
DElRAY BEACH
, ( 0 i f (J A
tI.e.d 100 NW, 1 sl AVENUE· DELRAY BEACH, FLORIDA 33444 . 407/243-7000
All-America City
, III I!
1993
MEMORANDUM
DATE: June 16, 1995
TO: City Commission
FROM: David T. Harden, City Manager ~
SUBJECT: Parks Capital Im,provement Projects
Attached is a list of capital improvement projects submitted by Joe Weldon for our Five-
Year Capital Improvement Plan. I have marked with an asterisk those which might be
suitable to submit to the County for County funding. The only project for which I have
detailed costs is the Pompey Park ball field improvements. I expect that we will have
more specific information on the improvements to be made at Tuesday evening's
Commission meeting.
DTH/mld
Attachment C~ÁL~
.
.
/. = #'ilpE-/è. frlffl.d1EL>
(Fwl Se.ev/CE-- (!f!n~ I Cn#JE£ioË, -.Jtß,/J<¡)
~. = t/:9 Pomp&¡ ¡JR£:.K- 8n// t/£-Id 5
3. - #7 50 ú...-Cfh fA) &5 0/-- ¡OM=K-
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@ Print8d on Racyclad Papa, THE EFFORT ALWAYS MATTERS C¡·L·
. ,
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[IT' DF DELRAY BEA[H
DElRA Y BEACH
, j 0 . " ,
bad 100 NW,1st AVENUE, DELRAY BEACH. FLORIDA 33444 . 407/243·7000
All-America City
~ lilt!
1(9) MEMORANDUM
TO: Joe Safford, Finance Director
,
FROM: Joe Weldon, Director of Parks and Recreation
SUBJECT: Justification for Capital Improvements Projects
DATE: May 4, 1995
~ 1.) Pompey Park Pool Heat Pump - This was deleted as a construction
item in this year's funding and was promised by City Commission that it
would be added into next year's budget.
2 . ) Policy A-l.3 - of the Coastal Element of the Comprehensive Plan
requires $50,000 be provided annually for dune vegetation, bird
studies, etc.
3. ) Policy A-2.3 - of the Open Space and Recreation Element of the
Comprehensive Plan requires $100,000 be provided annually to complete
or enhance existing facilities.
4. ) Leon Weekes - Property jointly acquired by City and County in 1988
to be developed as a natural area to include trails, parking, kiosk,
etc.
5. ) Community Center Addition - Because of expansion of the After
School Programs, multi-purpose rooms were converted to needed office
space for staff. Additional office space is n~eded so that we can
reclaim the multi-purpose rooms for public use.
* 6.) Boy Scout Hut - Addition of lighted balLfield, soccer field, press
box/rest rooms, playground equipment, etc.
*7. ) Southwest Park - Policy A-2.5 of the Comprehensive Plan requires a
new park in the southwest portion of the City in the second planning
period (1995 - 2000) . The land for this park has been purchased at
Blood's Grove in conjunction with the proposed school site and funds
now have to be budgeted for the development of the park.
@ Printed on Aecycled Paper THE EFFORT ALWAYS MATTERS
~
-2-
If 8.) Catherine Stronq Center - Policy A-2. 5 of the Comprehensive Plan
requires the Catherine Strong Center be developed into a community
center to include ball diamonds, soccer fields, etc.
1f9.) Pompey Park Ballfields - The phased improvements are to consist of
new fencing, dugouts, new lights, reorienting of a field, etc.
10. ) Cemetery Maintenance Building - Construction of an adequate
maintenance facility for the housing of mowers, landscaping equipment
and set-up equipment (chairs, tents, lowering devices, etc. ) .
*11.) Miller Park Liqhts - Th~ upgrading of the lights on Little League
field #1 at Miller Park is to include new fixtures and the upgrading of
the aluminum wire to copper wire.
*' 12. ) Miller Park Reqradinq and Resoddinq - The regrading and resodding
of the existing multi-purpose field at Miller Park that includes soccer
fields and two baseball diamonds that continue to settle because they
are on a previous landfill.
"* 13. ) Lake Ida Park - Redevelopment of a park leased to the City by the
County to include landscaping, irrigation, rest room renovation, boat
ramps, etc.
14. ) Rest Rooms at Sandowav Park - Sandoway Park is an oceanfront park
that services the beach and does not have rest room facilities.
Parks and Recreation
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if
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: Joe Weldon
Parks & Recreation Director
From: José A9Uil~
Asst. Construction Manager
Date: December 21, 1994
Subject: Pompey Park - Ball Field Improvements
Opinion of Cost
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Following our meeting of 9ctober 27, 1994, at Pompey Park, I have
the following opinion of cost on the anticipated improvements. The
work generally consists of providing new lights at the little
league and t-ball fields, reverse field orientation and back stop,
provide fencing and dugouts, re-sod one field and provide minimal
landscape material in the existing parking area.
Item Estimated Cost
Fence/Dugouts $ 8,000 - $10,000
Grading & Fill $10,000 - $12,000
New Sod $ 6,000 - $ 7,000
Clay & Final Grade $ 4,000 - $ 5,000
Lighting $20,000 - $22,000
Demolition $ 2,000 - $ 3,000
Bleachers $ 4,000 - $ 5,000
Landscaping $ 3,000 - $ 4,000
Other Costs (testing lab, survey, etc. ) $ 3,000 - $ 5,000
Sub-total $60,000 - $73,000
Design Fees $ 3,500 - $ 5,500
Continqency (15%) $ 9,500 - $11,500
Total Project Cost $73,000 - $90,000
These costs are based on typical constructioR cost currently in
effect. Prices will vary depending on the extent of the work done
at one time an the condition of existing electrical facilities and
their ability to accommodate the new services. I hope this is
~
acceptable for purposes of budget review, Should I be able to
provide additional help, please let me know.
\esd\temp\pompfld RECFIVf='n DEC 2 2 1991!;
. ,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJ'tt1
SUBJECT: AGENDA ITEM # 9M - MEETING OF JUNE 20, 1995
REJECTION OF BIDS/ROAD RECONSTRUCTION PROJECTS (WEST)
DATE: JUNE 16, 1995
After reviewing the plans for this project, I recommend that the
bids be rejected for the following reasons:
l. Northeast 3rd Street needs resurfacing between 1st and 2nd
Avenues, not between 2nd and 3rd Avenues,
2. Before we rebuild Lift Station No. 9, we should investigate
the possibility of eliminating the lift station by
constructing a new gravity line south to Lift Station No.
100A at the east end of N.E. 1st Street,
3. The new water lines in S.E. 3rd Street are in the swale and
the street is in good condition; therefore, it does not need
to be resurfaced.
4. The design for S.E. 4th Avenue eliminates parking on the
north end close to Atlantic Avenue, keeps sidewalks flush
with the street, and does nothing to eliminate excessive
pavement; i. e. , parallel parking spaces are normally eight
feet wide, but range up to 13 feet on this plan,
Recommend rejection of all bids for road reconstruction projects
(West) , and authorize staff to readvertise the project after
modifying the plans.
ý)( c0;m id AL;Ø
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"
Agenda Item No.: M;
AGENDA REOUEST
Date: June 15, 1995
Request to be placed on:
~ Regular Agenda
Special Agenda
_____ Workshop Agenda When: June 20, 1995
Description of item (who, what, where, how much): Reiect all bids for Road
Reconstruction Proiects (West) , proiect No. 92-02. The scoue of work outlined
in the oriainal ulans ureuared in 1992 has chanaed and will reauire a rebid of
the uroiect in order to obtain fair and eauitable urices.
ORDINANCE/RESOLUTION REQUIRED: YE~RAFT ATTACHED YE~
Recommendation: Staff recommends reiectina all bids for Roadwav Reconstruction
Proiects (West) .
Department Head signature: ~ff $ ~-.~ 4-i<lf'ç
Determination of consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda: eNO !!M
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
F i l e: AG202615.MRM
. ,
"
DEPARTMENT OF ENVIRONMENTAL SERVICES RECEIVED
M E M 0 RAN DUM JUN 1 6 1995
CITY MA~I' - -""e:: nq ICL
TO: David T. Harden
City Manáger
FROM: Dan Beatty, P.~~
ci ty-. Engineer
DATE: June 15, 1995
SUBJECT: Agenda Request
Roadway Reconstruction
Project No. 92-02
Attached is an agenda request for the June 20, 1995
Commission meeting, rejecting all bids for the subject
project, based on our meeting this morning. We will rebid
portions of the project after the plans have been modified
per our discussion.
This project generally consists of overlaying five streets
in the northeast and southeast sections of the City (see
attached location map and list of streets). Included are
improvements to drainage and water utilities, as well as the
rehabilitation of lift station #9 and the lining of the
force main on N.E. 1st Court.
The roads included in this project are the balance of the
Michael B. Schorah and Associates, Inc. plans for the
remaining Decade of Excellence roads. These are roads
which, according the Planning Department, must be completed
before the remaining funds in the Decade of Excellence
account can be utilized for other projects and improvements.
. ,
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - JUNE 20. 1995 - 6:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE AGENDA IS AMENDED AS FOLLOWS:
ADD ITEM 9.N. TO THE REGULAR AGENDA. AS FOLLOWS:
PINEAPPLE GROVE MAIN STREET PROPOSAL CONCERNING RAILROAD DEPOT
LOCATION: Consider a proposal from Pineapple Grove Main
Street to locate the historic Railroad Depot in Pineapple
Grove on the west side of N.E. 2nd Avenue, between the
east/west alley and the Love's Building within Block 76.
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June17,1995
The Hon, Tom Lynch, Mayor. and members of
the Delray Beach City Commission
City of Delray Beach
100 NW 1st Ave.
Delray Beach, FL 33444 "
Dear Mayor Lynch and Commissioners: ,.,
The Board of Directors of Pineapple Grove Main Street, Ine, ("PGMS") hereby requests the fonnal
endorsement of the Delray Beach City Commission in support of our proposal to locate the historic
FEC Railroad Station in Pineapple Grove. The proposal was unanimously endorsed by the PGMS
Board at its meeting ofJune 14, 1995, The plan would locate the Train Station along the west side of
Northeast 2nd A venue, between the east/west alley and the Love's Building, on the parcel knO\\l1 as
Block: 76,
The PGMS Board. its committees and volunteers have studied and thoughtfully considered the manner
in which the CRA's proposed Block 76 parking lot. a much-needed and welcomed addition to the
Grove, might serve the community as an amenity eX1ending well beyond the basics. Drawing from
community input, PGMS "brain-stonning" sessions, and research into the City's historical archives,
volunteer members of our Design Committee developed a conceptual site plan for the Block 76
property that suggests exciting possibilities for this vitally important parcel - the southerly "gateway"
to the City's Florida Main Screec program area. The enclosed print of the conceptual plan depicts a
multi-use facility with historical. cultural and practical features, The inventory of parking set forth in
the CRA's earlier studies is unaffected.
The FEC Train Station is a principal element of our Block 76 concept, The PGMS Board expressly
supports the Historical Society's desire that the Train Station serve in part as a Visitor Infonnatiol1
Center. In this respect, Block 76 is central1y and conveniently situated. At the same time, the ideal
location for a community's Main Street office is in its program area, The Train Station is large enough
to accommodate both of these compatible uses, specifically, as a Visitor Infonnation Center and
offices for Pineapple Grove Main Street, Inc. This dual use of the Train Station is a requisite element
of our proposal.
We look fonvard to describing in greater detail the features reflected in our preliminary "vision" of
the Block 76 parking lot. We remain expressly aware that continued study and further refinement lie
ahead, PGMS pledges to work cJosely with any and a1l parties at interest as, collectively, we refine the
plan and proceed toward its realization.
As you know, the Train Station must be relocated from its present site by the end ofthis month.
Accordingly, your prompt consideration is deeply appreciated,
Sincerely.
James F. Stahl
President
cc: ./ City Manager
Delray Beach Historical Society
Delray Beach Community Redevelopment Agency
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJ'J11
SUBJECT: AGENDA ITEM * /0 f1 - MEETING OF JUNE 20. 1995
SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 29-95
(ANNEXATION. INITIAL ZONING AND SMALL SCALE FUTURE LAND
USE MAP AMENDMENT/CARUSILLO AND EVANS PROPERTY)
DATE: JUNE 14, 1995
This is second reading and public hearing for Ordinance No. 29-95
which annexes a 4.17 acre parcel of land located on the west side
of Military Trail, approximately 1,400 feet south of Atlantic
Avenue. The property is vacant and is bounded on the south and
west by the Country Club Aeres single family subdivision. The
ordinance establishes initial zoning of POC (Planned Office
Center) District, and also provides for a small scale land use
plan amendment to change from the County's designation of HR-8
(High Density Residential - 8 units/acre) to an official City
designation of Transitional.
The property is located within the City's Planning Area (Future
Annexation Area) and is proposed for annexation by voluntary
petition of the owners. Please refer to the staff report for
further analysis.
The Planning and Zoning Board considered this matter at public
hearing on May 15, 1995. While not opposed to the annexation, the
Board felt that the office zoning was not appropriate at this
location and voted 6 to 0 to recommend that the request be denied.
On June 6, 1995, the Commission voted unanimously to pass the
ordinance on first reading. This is a quasi-judicial matter and
will be conducted as such at the public hearing.
Recommend consideration of Ordinance No. 29-95 on second and final
reading.
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt'f<1
SUBJECT: AGENDA ITEM i /0 t3 - MEETING OF JUNE 20. 1995
SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 31-95
(REESTABLI SHMENT OF " THE SPECIAL ACTIVITIES DISTRICT FOR
MARINA DELRAY)
DATE: JUNE 14, 1995 .
This is second reading and public hearing for Ordinance No. 31-95
which reestablishes the SAD (Special Activities District) zoning
classification for the Marina Delray property located at the
southeast corner of George Bush Boulevard and Palm Trail. As
required by Section 4.4.25 of the Land Development Regulations, the
ordinance incorporates the specific uses approved for the site and
grants site plan approval with attendant conditions. One of the
conditions is that improvements to the site will be completed in
accordance with a time schedule which is also incorporated into the
ordinance.
The Planning and Zoning Board formally reviewed this matter at
public hearing on May 15, 1995, and voted 6 to 0 to recommend that
the SAD be approved, subject to the conditions set forth in the
attached staff report. On June 6, 1995, the Commission voted
unanimously to pass the ordinance on first reading.
Recommend approval of Ordinance No. 31-95 on second and final
reading, based upon positive findings and subject to the
recommendation of the Planning and Zoning Board.
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j: ORDINANCE NO. 31-95
AN ORDIN~NCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REESTABLISHING THE SAD
(SPECIAL ACTIVITIES DISTRICT) ZONING CLASSIFICATION
, FOR A PARCEL OF LAND LOCATED AT THE SOUTHEAST CORNER
,
OF GEORGE BUSH BOULEVARD AND PALM TRAIL KNOWN AS
MARINA DELRAY, AS MORE PARTICULARLY DESCRIBED HEREIN¡
GRANTING SITE PLAN APPROVAL WITH CERTAIN CONDITIONS;
PROVIDING FOR AN IMPROVEMENT SCHEDULE FOR THE
INSTALLATION OF IMPROVEMENTS TO THE SITE; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, on December 12, 1989, the City Commission approved
Ordinance No. 73-89 which established a Special Activities District
( SAD) , subject to conditions, for the property hereinafter described;
and
WHEREAS, the SAD conditions of approval pursuant to
Ordinance No. 73-89 were never addressed and site improvements were
not installed¡ and
WHEREAS, the Special Activities District (SAD) was never
established and expired as of June 12, 1991; and
WHEREAS, on April 7, 1995, an application to reestablish the
SAD (Special Activities District), including an attendant site plan to
accommodate a marina and accessory uses, was submitted for review and
consideration;
WHEREAS, pursuant to LDR Section 2.4.5(D), the Planning and
Zoning Board reviewed the subject matter at public hearing on May 15,
1995, and voted 6 to 0 to recommend that the request be approved,
subject to conditions¡ and
I
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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:
!I
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¡, Section 1. That the following described property in the
City of Delray Beach, Florida, is hereby zoned and reestablished in
the SAD (Special Activities District) as defined in Section 4.4.25 of
the Land Development Regulations of the City of Delray Beach, to-wit:
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All of a tract of land, less the South 250 feet
thereof, situate, lying and being in Section 9,
Township 46 South, Range 43 East, Palm Beach County,
Florida, and more particularly described as follows:
From the Quarter Section corner of the South boundary
of Section 9, Township 46 South, Range 43 East, run
North 0 degrees 13 ' 20" East, a distance of 1,746.55
feet along the Quarter Section line to a point on the
North boundary of Lot 6, Model Land Company's Plat of
said Section 9, as recorded in Plat Book 8 at Page 40 !
i
in the Public Records of Palm Beach County, Florida;
thence easterly at an angle measured from North to
East 89 degrees 23' , distance of 591.06 feet to :
a a I
point; thence in a southerly direction at an angle
measured from East to South of 96 degrees 24' 24" for i
a distance of 33.21 feet to the point of beginning of
this description; thence from the point of beginning !
i
run in a southerly direction at an angle of 175 ,
degrees 06' 03", measured from North to East to South ,
i
a distance of 465.73 feet along the East line of Palm I
I
Trail to a point in the South boundary line of said I
Lot 6; thence in an Easterly direction at an angle of
88 degrees 30' 13" measured from North to East, along
the Southern boundary of said Lot 6 a distance of
201.52 feet to a point of intersection with the West !
right-of-way line of the Intracoastal Waterway; ì
thence in a Northerly direction at an angle of 98 I
I
degrees 07' 01", measured from West to North along I
said right-of-way line a distance of 470.42 feet;
thence in a Westerly direction at an angle of 81 I
degrees 52' 19" measured from South to West a ,
,
distance of 255.58 feet to the point of beginning.
subject is located ¡
The property at the southeast
corner of George Bush Boulevard and Palm Trail;
containing 1.14 acres, more or less. ¡
Section 2. That the uses allowed for the subject property !
described in Section 1, above, pursuant to Section 4.4.25(B) of the
Land Development Regulations of the City of Delray Beach, Florida,
shall be as follows:
* Full Service Marina, excluding restaurants
* In/out dry storage
* Sale of fuel for boats only i
* Small marine engine repair and sales
- 2 - Ord. No. 31-95
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* Sale of bait, beverages and miscellaneous
convenience items I
* In water dock rental
* Charter boat rentals
* New and used boat sales ¡
* Fabrication of boat tops and canvas work I
(restricted only to storage and dockage clients)
* Marine towing services
* One residential dwelling unit, to be occupied by
the property owner, business owner, proprietor
or employee with a garage and swimming pool as
an accessory use to the residence
Section 3. That the development of and improvements to the !
subject property described in Section 1, above, shall be in accordance
with the site plan and attendant conditions as recommended for
approval by the Planning and Zoning Board on May 15, 1995, and as
approved by the City Commission on the date that this ordinance is
passed and adopted on second and final reading.
Section 4. That the development of and improvements to the
subject property described in Section 1, above, shall be in accordance
with the following improvement schedule:
* That within forty-five (45) days from second
reading of this Ordinance No. 31-95, Site Plan
Review and Appearance Board (SPRAB) approval
must be obtained for the proposed landscaping;
* That wi thin thirty (30) days from the SPRAB
approval, permit applications must be submitted
to the Community Improvement Department
(Building) for the associated improvements (i.e.
parking/landscaping, water main and fire
hydrant); and
* That within ninety (90) days from the issuance
of a building permit, installation of the
associated parking/landscaping, water main and
fire hydrant must be completed.
Section 5. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
- 3 - Ord. No. 31-95
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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 i
whole or part thereof other than the part declared to be invalid.
Section 7. That this ordinance shall become effective on I
August 1, 1995.
,
I
PASSED AND ADOPTED in regular session on second and final ,
reading on this the 20th day of June, 1995.
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ATTEST:
OI/-'m7'11Jyj{¡Jr !Indy
City Cl rk
First Reading June 6, 1995
Second Reading June 20, 1995
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- 4 - Ord. No. 31-95
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P\..ANIaIO D£PAR1W£NT MARINA DELRAY
Q'TY or DElAA'I' BEAOi. FI.
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CITY COMMISSION DOCUMENTATION
TO:
THRU:
FROM: A. COSTEllO
PLANNER
SUBJECT: MEETING OF JUNE 6, 1995
FIRST READING OF ORDINANCE NO.3/-95 - RE-ESTABLlSHMENT
OF THE SAD (SPECIAL ACTIVITIES DISTRICT) ZONE DISTRICT
AND ATTENDANT SITE PLAN APPROVAL FOR MARINA DELRA Y
(fka HENRY'S MARINA/8TH STREET MARINA/OCEAN CITY
MARINA).
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of approval on first reading
of an ordinance re-establishing the SAD (Special Activities District) zone district
and attendant site plan for Marina Delray (fka Henry's Marina/8th Street
Marina/Ocean City Marina).
The subject property is located at the southeast corner of George Bush
Boulevard (N.E. 8th Street) and Palm Trail.
BACKGROUND:
On December 12, 1989, the City Commission approved the rezoning to SAD
(Ordinance No. 73-89) and attendant site plan for Henry's Marina with conditions. The
SAD conditions of approval were never addressed and site improvements were not
installed. Thus, the SAD was never established and is considered to have expired as
of June 12. 1991. The property has been issued citations by the Code Enforcement
Division for various code violations.
On April 7, 1995, a rezoning and site plan application were submitted to re-establish
the SAD (Special Activities District) with the attendant site plan to accommodate the
marina and its accessory uses. The proposed uses to be conducted on the subject
property are as follows:
. , .
City Commission Documentation
Meeting of June 6, 1995
First Reading of Ordinance No. -95 - Re-establishment of the SAD Zone District and
Attendant Site Plan for Marina Delray
Page 2
· Full Service Marina, excluding restaurants
· In/out dry storage
· Sale of fuel for boats only
· Small marine engine repair and sales
· Sale of bait, beverages and miscellaneous convenience items
· In water dock rental
· Charter boat rentals
· New and used boat sales
· Fabrication of boat tops and canvas work (restricted only to storage and
dockage clients)
· Marine towing services
· One residential dwelling unit, to be occupied by the property owner, business
owner, proprietor or employee with a garage and swimming pool as an
accessory use to the residence
The proposal also includes a site plan which provides for parking (12 spaces) and
landscaping improvements; dedication of right-of-way along George Bush Boulevard
and Palm Trail; elimination of excess paving within the adjacent street rights-of-way;
screening of the existing boat racks; installation of an awning over the 2nd floor
terrace; renovations to the building to accommodate a 2nd floor apartment; and, a
designated ''future'' swimming pool area. Additional background and analysis of the
proposal is found in the attached Planning and Zoning Board Staff Report.
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of May 15, 1995, the Planning and Zoning Board held a public hearing
in conjunction with review of the requests. There were concerns presented by the
Wedgewood Condominium Association immediately south of the marina regarding
the hours of operation of the repair aspect of the marina and the overall appearance of
the property. However, the Association was generally supportive of the rezoning to
SAD and attendant site plan approval. The Board reviewed the staff report and
discussed attaching an improvement schedule to the SAD in order to ensure diligence,
as the improvements associated with the previously approved SAD were never
installed. The Board voted 6-0 (Schwartz absent) to recommend that the rezoning
and attendant site plan be approved with the following conditions:
1. That the boat repair aspect of the marina operation be limited to the hours of 8:00
a.m. to 5:00 p.m. ;
2. That a 5 foot right-of-way reservation be provided for George Bush Boulevard;
. ,
City Commission Documentation
Meeting of June 6. 1995
First Reading of Ordinance No. -95 - Re-establishment of the SAD Zone District and
Attendant Site Plan for Marina Delray
Page 3
3. That a waiver be granted to Section 5.3.1 (0)(2), to reduce the ultimate right-of-
way width for Palm Trail from 60 feet to 50 feet, thus requiring dedication of 5 feet
of right-way;
4. That a landscape agreement be executed in a form acceptable to the City
Attorney;
5. That the property be platted pursuant to Chapter 5 of the land Development
Regulations and recorded prior to issuance of a Certificate of Occupancy for the
apartment;
6. That a clean out be installed on the sewer lateral which extends from the main
onto the site;
7. That revised plans be submitted addressing the "Site Plan Technical Items"
identified in this Staff Report; and,
8. That an improvement schedule be included within the SAD ordinance, in order to
ensure the timely installation of the proposed improvements.
Staff and the applicant have agreed on the following improvement schedule:
· That within 45 days from second reading of the SAD ordinance, Site Plan Review
and Appearance Board (SPRAB) approval must be obtained for the proposed
landscaping;
· That within 30 days from the SPRAB approval permit applications must be
submitted to the Community Improvement Department (Building) for the
associated improvements i.e parking/landscaping, water main and fire hydrant.;
and,
· That within 90 days from the issuance of a building permit, installation of the
associated parking/landscaping, water main and fire hydrant must be completed.
RECOMMENDED ACTION:
By motion, approval of Ordinance No. -95 on First Reading, setting a public hearing
date of June 20, 1995, based upon the findings and recommendations of the Planning
and Zoning Board, subject to the improvement schedule as outlined within proposed
Ordinance No. -95.
Attachments: Location/Zoning Map
P & Z Staff Report and Documentation of May 15, 1995
Copy of Ordinance No. -95
. , .
'PLANNING & ZONING BOARD
CITY OF DELRA Y BEACH --- STAFF REPORT ---
MEETING DATE: May 15, '1995
AGENDA ITEM: V. E.
rrEM: Rezoning Request Associated with the Reestablishment of the SAD for Marina Delray.
',.
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GENERAL DATA:
'OWner.,......,..........................,...................................,.. Charies Hill
Contract Purchaser...................................................... Marina DelrayCorporation. Ioc.
,
Agenl..............................,..,.....................................,.. Albert R. Capellini, P ,E.
Atlantic Environmental Engineering, Jne.
Location.....................................,.................,.....,..........Southeast comer of George Bush Boulevard and Palm Trail.
Property Size........................................,.,.....................1.14 Acres
Land Use Map Designation.......................................... General Commercial
. -
Existing Zoning.............................................................SAD (Special Activities District)
Proposed Zoning ........ ....... .., ............................,.......... SAD
Adjacent Zonlng.............r........................,.........North: RM (Medium Density ResldentiaO
East RM
South: RM
West: CF (Community Facilities)
Existing Land Use..................,..................................... Full-service marina.
Proposed land Use..................................................... Rezoning to SAD to accommodate the full-service marina, a
residential unit, and boat sales and rentals with associated
parking and landscaping improvements.
Water Service,...............,.",............,.."......"..",..,.,.",..,Existing on site.
Sewer Service..........................,................,..........,..,.... Existing on site, V E
.' "
ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation on a
rezoning to SAD (Special Activities District) and an attendant site plan
for Marina Delray (fka 8th Street Marina), pursuant to Section 2.4.5(D).
The subject property is located at the southeast comer of George Bush
Boulevard and Palm Trail, and is formerly known as the 8th Street
Marina/Ocean Cìty Marina/Hemy's Marina.
Pursuant to Section 4.4.25(C)(I), all SADs are established via an
ordinance processed as a rezoning. Further, 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.
BACKGROUND:
On June 28, 1988, the subject property was annexed'into the City with the GC (General
Commercial) zoning designation as part of the annexations conducted via the Enclave Act
(Enclave #30).
Prior to annexation to the City, there was a consideration for the establishment of a lounge
within the marina, however, the proposal met opposition and was never pursued. Also, a
special exception was granted through the County for multi-tiered boat storage facilities which
was approved and subsequently co~structed.
In 1989, a rezoning petition from GC to SC (Specialized Commercial) was processed. The
rezoning was being processed to allow "boat sales" and "fabrication and assembly of boat
paraphernalia" . Boat sales were allowed as a conditional use within the SC zoning district,
while the fabrication and assembly of boat paraphernalia required a determination of similarity of
use to allow the proposed use as a conditional use within the SC district. On October 16, 1989,
the Planning and Zoning Board recommended approval of the rezoning to SC. In addition to
the rezoning action, recommendations of approval were made for the conditional use requests
. for "boat sales" and "fabrication and assembly of boat paraphernalia".
At its meeting of October 26, 1989, the City Commission considered the rezoning request as
well as the conditional use requests. The City Commission recommended that the property be
rezoned to SAD and that a list 'of specific conditional uses be provided.
On December 11, 1989, the Planning and Zoning Board recommended approval of the rezoning
to SAD and the attendant site plan with conditions. On December 12, 1989, the City
Commission approved the rezoning to SAD (Ordinance No. 73-89) and attendant site plan for
Henry's Marina with conditions as well as the following allowable uses:
* Full service marina
. ,
P & Z Board Staff Report
Rezoning to SAD (Special Activities District) for Marina Delray
Page 2
* In and out dry storage
* Small marine engine repair
* Sale of gas and diesel fuel for recreational boating only
* Sale of oil, ice and beverages (non-alcoholic)
* In-water dockage rental
* Installation of electronics
* Marine store providing sale of electronics, outboard motors and other related marine
paraphernalia
* Boat Sales
* Fabrication and assembly of boat paraphernalia, subject to the following restrictions:
(1) That canvas tops cannot be assembled and fabricated at this site and installed at
another site;
(2) That off-site work can be done on boats which are regularly docked at the marina
or which have rented space at the marina, but are temporarily located elsewhere;
and
(3) That the primary business of this enterprise is conducted at the marina and for
boats which use dockage at this marina.
The SAD conditions of approval were never addressed and site improvements were not
installed. Thus, the SAD was never established and is considered to have expired as of Iune 12,
1991. The property has been issued citations by the Code Enforcement Division for various
code violations.
On April 7, 1995, a rezoning and site plan application were submitted to re-establish the SAD
(Special Activities District) with the attendant site plan to accommodate the marina and its
accessory uses. This request is now before the Board for action.
PROJECT DESCRIPTION:
The development proposal is to re-establish the SAD for the subject property. The proposed
uses to be conducted on the subject property are as follows:
* Full Service Marina, excluding restaurants
* In/out dry storage
* Sale of fuel for boats only
~
* Small marine engine repair and sales
* Sale of bait, beverages and miscellaneous convenience items
* In water dock rental
* Charter boat rentals
* New and used boat sales
* Fabrication of boat tops and canvas work (restricted only to storage and dockage clients)
* Marine towing services
* One residential dwelling unit, to be occupied by the property owner, business owner,
proprietor or employee with a garage and swimming pool as an accessory use to the
residence
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P & Z Board Staff Report
Rezoning to SAD (Special Activities District) for Marina Delray
Page 3
The proposal also includes a site plan which provides for parking (12 spaces) and landscaping
improvements; dedication of right-of-way along George Bush Boulevard and Palm Trail;
elimination of excess paving within the adjacent street rights-of-way; screening of the existing
boat racks; installation of an awning over the 2nd floor terrace; renovations to the building to
accommodate a 2nd floor apartment; and, a designated "future" swimming pool area.
ZONING ANALYSIS:
REOUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which is part of
the official record. This may be achieved through information on the application,
the staff report, or minutes. Findings shall be made by the body which has the
authority to approve or deny the development application. These findings relate to
the following four areas.
Future Land Use MaD: 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 General Commercial Land Use Map designation and is currently
zoned SAD (Special Activities District), however, the SAD expired June 12, 1991. While the
proposed SAD (Special Activities District) zoning is deemed consistent with any land use map
designation, including the underlying General Commercial designation, the uses allowed within a
specific SAD shall be consistent with the land use category shown on -the Future Land Use Map.
Pursuant to Section 4.4.25(B)(2), the SAD zone designation is required for a fu]] service marina,
which is the existing use of the property. The proposed uses within this specific SAD are
generally the same as those approved as part of the SAD in 1989 (expired 1991). These uses
are similar to other general commercial uses and therefore, are consistent with the underlying
land use designation. Based upon the above, a positive finding can be made with respect to
consistency with the land use map designation.
Concurrencv: 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:
Water service is provided to the site via a service lateral connection to an existing 6" water main
located along the east side of Palm Trail. Currently, there is insufficient fire suppression as well
as fire hydrants to properly serve this site and the immediate area. Therefore, with this
development proposal, a fire hydrant is required to be installed along Palm Trail, approximately
67 feet north of the south property line.
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P & Z Board Staff Report
Rezoning to SAD (Special Activities District) for Marina Delray
Page 4
In order to obtain desired fire flow pressures, off-site main improvements will be necessary.
Currently, an existing 6" main extends south £Tom George Bush Boulevard to approximately 150
feet south of the subject property (marina). At this point the main becomes a 2" main which
extends south to N.E. 7th Street. In addition, a 6" main which extends northward along Palm
Trail dead-ends at N.E. 7th Street. To provide the necessary fire flows the 2" main must be
abandoned and replaced with a 6" main which would then connect to the 6" main which dead-
ends at 7th Street, thus providing a continuous system. Engineering plans have been submitted
which provide the connéction and the new fire hydrant.
Sewer:
Sewer service exists to the site via a service lateral connection to the existing 8" sewer main
along Palm Trail. With this proposal, a clean out must be installed on the lateral which extends
trom the main onto the site.
Streets and Traffic:
The marina is an existing use, thus traffic volumes will not change and no building additions are
proposed. However, the conversion of the second floor trom retail to an apartment will result in
a reduction of trips. Based upon the above, positive findings can be made with respect to traffic
concurrency.
Parks and Recreation:
Parks and recreation dedication requirements do not apply to the nonresidential uses on the site.
However, a parks impact fee of $500 will be assessed for the proposed apartment at the time of
building permits. The proposal will not have an impact on this level of service standard.
Solid Waste:
There is no change in the actual use of the property, thus there will be no impact on this level of
service standard.
. Consistencv: Compliance with the peñonnance 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.
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P & Z Board Staff Report
Rezoning to SAD (Special Activities District) for Marina Delray
Page 5
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.
Conservation Element Policv B-2.5 - Whenever new development or redevelopment is
proposed along a wátenvay, a canal, an environmentally sensitive area, or an area
identified via Policy B-2.1, an area equivalent to at least 10°.10 of the total area of the
development shall be set aside in an undisturbed state or 25% of native communities shall
be retained pursuant to TCRPC Policy 10.2.2.2. [LDR Section 3.3.4(B)]
This policy is applicable as the property abuts the Intracoastal Waterway. However, the
entire site is in a disturbed state, therefore, 10% of the total development is not required
to be set aside.
Traffic Element Policv C-l.l - Through and nonresidential traffic travel shall be limited
and/or restricted in stable residential areas.
Palm Trail is a local residential street which runs through a stable residential area south
of the subject property and intersects George Bush Boulevard, a commercial conidor to
the north. This link of Palm Trail, between George Bush Boulevard and N.E. 7th Street
(to the south), is located on the perimeter of commercial developments.
Based upon the proposed parking layout,' access to the site -will be provided primarily
ITom George Bush Boulevard and traffic exitirig the site wilJ utilize Palm Trail. Also,
marina customers will utilize St. Vincent's Church parking lot, on the west side of Palm
Trail just south of the marina. The utilization of Palm Trail as described is an existing
situation which will not intensifY with this proposal. Further, the majority of the traffic
associated with the marina will access the church parking lot trom the north, therefore,
there should be minimal traffic impacts on the stable residential area to the south,
Section 3.3.2lStandards for Rezonin2 Actions): Standards A, Band C are not applicable
with respect to this rezoning request. The following is the applicable peñormance
. 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
incompatibi~ity may occur, that sufficient regulations exist to properly mitigate
adverse impacts from the new use.
.
"
P & Z Board Staff Report
Rezoning to SAD (Special Activities District) for Marina Delray
Page 6
Properties north, south and east of the site are zoned RM (Medium Density Residential)
and CF (Community Facilities) to the west. The land uses adjacent to the property
include the following: north of the property is Palm Tree Place Condominium; south is
Wedgewood Place Condominium; west is St. Vincent's Church; and, east is The
Landings condominium development.
Although the marina and the residences have co-existed for many years, compatibility
with the adjacent residences has been a concern. There are numerous code violations
that exist on this site which include the parking and storage of boats adjacent to George
Bush Boulevard and Palm Trail, and lawn mower repairs. This proposal includes the
installation of a parking arrangement that should improve the current situation and the
installation of landscaping (adjacent to the streets) that will enhance the appearance of
the property. Also, the proposal includes screening of the existing boat racks, which will
mitigate the existing impacts of the development, as well as the elimination of the
existing code violations.
In addition to the above, the adjacent residences have expressed concerns regarding
tying-down the boats that are placed upon the racks and the noise generated by the
marina operation. Currently, the boats that are placed upon the racks, are not tied-
down, The boats are not required to be secured for day-to-day operations. However, in
the case of a hurricane, the boats must be tied-down. In the event of a hurricane
warning, these boat racks will be inspected by City officials as part of the City's
Hurricane Preparedness Program. With respect to noise, the residents are particularly
concerned with noise created by the boat and engine repair aspect of the marina during
the early morning and evening hours. This can be mitigated by limiting the boat repair
aspect of the operation to the hours of 8:00 a.m. to 6:00 p.m. The restriction would not
apply to the nonnal docking function of the marina as it would be inappropriate to limit
the hours in which marina patrons could access and operate their boats.
Section 2.4.5(D)(5) (Rezonine: Findine: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 annronriate for the property
based upon circumstances particular to the site and/or neighborhood.
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P & Z Board Staff Report
Rezoning to SAD (Special Activities District) for Marina Delray
Page 7
The applicant has submitted a justification statement which states the following:
"Item "c" applies to the request. We are requesting to renew the expired SAD zoning.
The existing use of the Marina is only provided for within the SAD zone district."
Comment: Item "c" is the basis for which the rezoning should be granted. Full service marinas
are only allowed within the SAD zone district. The SAD zoning is more appropriate given the
existing use of the property as a marina which has existed at this location for many years.
Approval of the SAD zoning will result in substantial upgrades to the site, thus eliminating a
blighted situation. The improvements proposed in conjunction with the establishing the SAD
zoning will be an inducement the area and may encourage redevelopment and development of
surrounding properties. Based upon the above, it is appropriate to re-establish the SAD zoning
for this property.
SITE PLAN ANALYSIS:
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Items identified in the Land Development Regulations shall specifically be addressed by
the body taking final action on the site and development application/request.
Perimeter Setbacks for SADs
Pursuant to Section 4.4.25(D)(I), a min4num setback of 15 feet shall be established
around the perimeter of any property developed under the sAD designation. Within the
ITont and any side street setback, a 15 foot setback area shall be a landscape setback area
and no pavement shall be allowed therein except for pedestrian ways and driveways
which provide access to the property and which are generally perpendicular to the
abutting street.
Along George Bush Boulevard and Palm Trail the required 15 foot landscape setback
has not been provided. This is an existing nonconforming situation which has existed for
many years. Accommodating the 15 foot landscape area would require elimination of all
parking on this site, which is not a desirable situation. The development proposal which
. provides landscaping adjacent to the abutting streets will decrease this nonconformity,
which is a bettennent to the property.
ParkinS!: Reauirements
Pursuant to LDR Section 4.6.9(C)(7)(k), marinas shall provide 5 parking spaces per
1,000 sq.ft. of total floor area of any building devoted to marina use plus 1 space per
boat slip. Also, retail sales (boat sales) requires 4.5 spaces per 1,000 sq.ft. of total floor
area, and the 1 bedroom apartment requires 2 parking spaces. In addition, the previous
SAD included a requirement of 1 space per every space in the dry dock storage (boat
rack), for a total of 50 additional spaces, That requirement was excessive, as most boats
. , "
P & Z Board Staff Report
Rezoning to SAD (Special Activities District) for Marina Delray
Page 8
stored in this manner are kept on a relatively long-term basis, with intermittent use.
While there should be a certain number of spaces required for this use, it is probably
more appropriate to base it on the floor area of this use. At approximately 1,600 sq.ft.
of floor area, the boat racks would require 8 parking spaces. Based upon the above, the
parking calculations are as follows:
* 4,787 sq.ft, marina use = 24
* 16 boat slips = 16
* 1,300 sq,ft. boat sales = 6
* 1 bedroom apartment = 2
Total Spaces Required ,=48
The proposal calls for 10 parking spaces along George Bush Boulevard and 2 spaces
within the garage (for the residence) at the southwest comer of the site. It is noted that
an additional parking space can be provided at the northwest comer of the site, within
the area between the building and former gas pump island, thus providing 13 spaces on
site.
It should be noted that there is an informal arrangement with St. Vincent's Church
(across Palm Trail) for marina customers to use the church's parking lot. This is not a
binding agreement, and the church has been reluctant to enter into any kind of formal
arrangement. However, they have allowed the parking for many years, and have verbally
stated that it can continue indefinitely. The deficiency in required parking on this site is a
"grandfathered" (nonconforming) situation which has existed for many years, This
proposal will reduce this nonconformity and makes provision for overflow parking in the
immediate area.
Ri2ht-of-Wav Dedication
George Bush Boulevard - Pursuant to the Section 5.3. 1 (D)(2), as George Bush
Boulevard is a City collector, an ultimate right-of-way width of 80 feet is required,
Currently, only 35 feet south of the centerline exists, therefore a dedication of 5 feet is
required. The plans show the dedication of that 5 feet of right-of-way. However, if the
right-of-way is dedicated, the parking along George Bush Boulevard would encroach
. into public right-of-way. As the travel lanes are restricted due to the bridge at the
Intracoastal Waterway and there are no plans to widen the bridge, it may be appropriate
to obtain a reservation of right-of-way rather than the dedication. This, would allow the
proposed parking to be located with this 5 foot wide area.
Palm Trail -' The right-of-way width for Palm Trail is currently 40 feet. Pursuant to
Section 5.3.1 (D)(2), the ultimate right-of-way width for Palm Trail is 60 feet which
requires a right-of-way dedication of 10 feet. The proposal calls for a 5 foot right-of-
way dedication trom this property. However, a reduction in the required right-of-way
width may be granted by the body having approval authority of the associated
development application provided that the reduction is supported by the City Engineer;
that the full dedication would constitute a hardship and all required improvements will be
. , .
P & Z Board Staff Report
Rezoning to SAD (Special Activities District) for Marina Delray
Page 9
provided in a manner that will not endanger public safety; and, that alternative provisions
are made to accommodate those features which would otherwise be accommodated
within the right-of-way.
The applicant has requested that the required right-of-way width for Palm Trail be
reduced to 50 feet. The City Engineer has determined that 60 feet of right-of-way is not
necessary for Palm Trail and that the required sidewalk can be accommodated within the
dedicated 5 feet, Also, the dedication would severely impact the ability to provide the
necessary circulation, loading and parking areas on this site.
Plattin2
The property currently has a metes and bounds description. As right-of-way dedications
and reservations are necessary, and public improvements are proposed i.e water main
and fire hydrant installation, the property must be platted pursuant to Chapter 5 of the
Land Development Regulations. The plat instrument can be in the form of a boundary
plat and conditioned on recordation prior to issuance of a Certificate of Occupancy for
the proposed apartment.
Site Plan Technical Items:
The following are items do not require specific action of the Board, however, the items must be
addressed with the submittal of revised plans.
1. The handicap parking space should be located immediately north of the building's
entrance.
(
2. Along the west side of the property, the driveway/loading area width should be reduced
to 12 feet and the landscape island increased to 8 feet in width, to increase the landscape
buffer.
3. At the northwest comer of the site, within the area between the building and former gas
pump island, an additional parking space should be accommodated and the paved area
south of the concrete pad removed and landscaping provided.
. Section 3.1.1 (C) - Consistencv (Standards for Site Plan Actions): As described in
Appendix B, a positive finding of consistency can be made as it relates to Standards for Site Plan
Actions.
Section 2.4.5(F)(5) (Site Plan Findin2s):
Pursuant to Section 2.4.5(F)(5) (Compatibility Findings), in addition to provisions of
Chapter Three, the approving body must make a finding that the development of the
property pursuant to the site plan will be harmonious with the adjacent and nearby
properties and the City as a whole, so as not to cause substantial depreciation of property
values.
. ,
"
P & Z Board Staff Report
Rezoning to SAD (Special Activities District) for Marina Delray
Page 10
As previously stated, the marina has existed at this location for many years. The residents to the
south are buffered from the marina by a 6 foot high c.b.s. wall and an established tree line. The
proposed improvements which include landscaping and parking upgrades, enclosing/screening
the existing boat racks, and exterior improvements to the existing structures, will provide the
upgrades necessary for a property that has been neglected for many years. These improvements
will enhance rather than depreciate property values of the adjacent properties.
OTHER ITEMS:
Landscape A2reement
As stated previously, a 15 foot perimeter landscape area is required along both George Bush
Boulevard and Palm Trail. Due to the site constraints, this required landscaping would eliminate
parking. Within the George Bush Boulevard and Palm Trail there is excess pavement that is to
be removed to provide a landscape area. Within this area, the applicant has agreed to provide
trees as well as hedge material which will be irrigated and maintained by the property owner. A
formal landscape maintenance agreement must be submitted by the applicant in a form
acceptable to the City Attorney.
SAD Site Plan Modification Review and Approval Process:
Substantial changes to an SAD including increases in intensity, change of uses etc. should
continue to be reviewed by both the Planning and Zoning Board and the City Commission.
However, minor changes to SAD site plans should not. Therefore, it is recommended that the
Board remand any modifications to this site plan for this project to the Site Plan Review and
Appearance Board (SPRAB) for approval. In addition, language should be added to the SAD
ordinance specifying that future modifications which are not substantial and do not deal with
intensity or type of uses can be reviewed by SPRAB and processed as site plan modifications.
REVIEW BY OTHERS:
The rezoning is not in a geographic area requiring review by the CRA (Community
Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic
Preservation Board).
.
Site Plan Review and Appearance Board
If the rezoning is approved, the landscape plan and building elevations will be reviewed by the
Site Plan Review and Appearance Board.
Public 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:
. ,
P & Z Board Staff Report
Rezoning to SAD (Special Activities District) for Marina Delray
Page 11
* Beach Property Owners
* Northeast Neighborhood
* La Hacienda
* North Federal Highway Task Team
* Palm Trail Association
* Progressive Residents of Del ray (PROD)
* Unite Property Owners
Letters of objection, if any, will be presented at the Planning and Zoning Board meeting.
.,
ASSESSMENT AND CONCLUSION:
The re-establishment of the SAD zoning for the subject property 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 SAD is
more appropriate given the existing use of the property as a full service marina. In conjunction
with the SAD zoning, an attendant site plan has been provided which shows landscape and
parking upgrades adjacent to George Bush Boulevard. Additional improvements to the site are
also proposed which include screening the existing boats and building improvements. These
improvements will be an inducement to the area and may encourage redevelopment and
development of surrounding properties.
ALTERNATIVE ACTIONS:
A. Continue with direction.
B. Recommend approval of the rezoning request to SAD based upon positive findings with
respect to Chapter 3 (performance Standards), Section 2.4.5(D)(5) (Rezoning Findings),
and Section 2.4.5(F)(5) (Site Plan Findings) of the Land Development Regulations,and
policies of the Comprehensive Plan.
C. Recommend denial of the rezoning request to SAD based upon a failure to make a
positive finding with respect to Chapter 3.3.2 (Compatibility), and that pursuant to
Section 2.4.5(D)(5) the rezoning fails to fulfill at least one of the reasons listed.
. STAFF RECOMMENDATION:
Recommend to the City Commission approval of the rezoning to SAD (Special Activities
District) for Marina Delray based upon positive findings with respect to Chapter 3 (performance
Standards), Section. 2.4.5(D)(5) (Rezoning Findings), and Section 2.4.5(F)(5) (Site Plan
Findings) of the Land Development Regulations, and policies of the Comprehensive Plan,
subject to the following conditions:
1. That the boat repair aspect of the marina operation be limited to the hours of 8:00 a.m.
to 6:00 p.m.;
2. That a 5 foot right-of-way reservation be provided for George Bush Boulevard;
. ,
"
P & Z Board Staff Report
Rezoning to SAD (Special Activities District) for Marina Delray
Page 12
3. That a waiver be granted to Section 5.3.1(D)(2), to reduce the ultimate right-of-way
width for Palm Trail trom 60 feet to 50 feet, thus requiring dedication of 5 feet of right-
of-way;
4. That a landscape maintenance agreement be executed in a form acceptable to the City
Attorney;
5. That the property be platted, pursuant to Chapter 5 of the Land Development
Regulations and recorded prior to issuance of a Certificate of Occupancy for the
apartment;
6. That a clean out must be installed on the sewer lateral which extends trom the main onto
the site; and,
7. That revised plans be submitted addressing the "Site Plan Technical Items" identified in
this Staff Report.
Attachments:
* Appendix B
* Location/Zoning Map
* Site Plan
* Landscape Plan
.
. ,
APPENDIX B
STANDARDS FOR SITE PLAN ACI'IONS
A. Building design, landscaping, and lighting (glare) shall be such that they do not
create unwarranted distractions or blockage of visibility as it pertains to traffic
circulation.
Not applicable
Meets intent of standard ..:x
Does not meet intent
B. Appropriate separation of travelways is made for vehicles, bicycles, and
pedestrians in a manner consistent with objective D-l of the Traffic Element.
"
Not applicable
Meets intent of standard ..:x
Does not meet intent
c. Open Space enhancements described in Ope~ Space and Recreation Objective B-1,
are appropriately addres~ed.
Not applicable
Meets intent of standard ..:x
Does not meet intent
D. That any street widening associated with the development shall not be detrimental
upon desired character and cohesiveness of affected residential areas.
.
. -::-
Not applicable ..:x
Meets intent of standard
Does not meet intent "
. , .
E. Development of vacant land which is zoned for residential purposes shall be
planned in a manner which is consistent with adjacent development regardless of
zoning designations.
!
Not applicable ....x ,
Meets intent of standard *
-
Does not meet mtent ~:
.
,
F. Vacant property shall be developed in a manner so that the future use and
intensity are appropriate in terms of soil, topographic, and other applicable
physical considerations; complementary to adjacent land uses; and fulfills
remaining land use needs.
Not applicable ....x
Meets intent of standard
Does not meet intent !
G. In order to provide for more balance demographic mix, the development of "large
scale adult oriented communities" on the remaining vacant land is discouraged.
Not applicable ....x ~ :
Meets intent of standard ~
Does not meet intent
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM i It) (2 - MEETING OF JUNE 20. 1995
SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 30-95
(CORRECTIVE SMALL SCALE LAND USE MAP AMENDMENT FOR BLOCKS
77. 78 AND 86)
DATE: JUNE 14, 1995
This is second reading and public hearing for Ordinance No. 30-95
which corrects the Future Land Use Map (FLUM) designation from
General Commercial, in part, and Transitional, in part, to
Commercial Core for property located in Blocks 77, 78 and 86, Town
of Delray Plat (located south of Atlantic Avenue on the east side
of S.E. 1st Avenue and the east and west sides of S.E. 2nd Avenue) .
When the Comprehensive Plan, including the Future Land Use Map, was
adopted in 1989, the parcels were given the General Commercial and
Transitional land use designations which were consistent with the
zoning at that time of RM-10 (Multiple Family) and General
Commercial. With the adoption of the Land Development Regulations
and th e City-wide rezonings in 1990, the zoning classification on
the properties was changed to CBD (Central Business District), but
no change was made to the land use designations. Hence, an
inconsistency was inadvertently created. This inconsistency was
identified during review of the land uses associated with the
creation of the new CBD-RC (Central Business District-Railroad
Corridor) zoning district. It is appropriate that this small scale
corrective FLUM amendment be processed to make the land use
designation consistent with the zoning classification.
The Planning and Zoning Board considered this matter at public
hearing on May 15, 1995, and voted unanimously to recommend that
the corrective amendment be approved. On June 6, 1995, the
Commission voted unanimously to pass the ordinance on first
reading.
Recommend approval of Ordinance No. 30-95 on second and final
reading.
f~ 5-0
ref:agmemo15
. , .
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ORDINANCE NO. 30-95 i
j
\
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF I
DELRAY BEACH, FLORIDA, CORRECTING THE FUTURE LAND USE
MAP DESIGNATION FROM GENERAL COMMERCIAL, IN PART, AND i
TRANSITIONAL, IN PART, TO COMMERCIAL CORE, FOR I
PROPERTY LOCATED IN BLOCKS 77, 78 AND 86, TOWN OF
DELRAY PLAT, AS MORE PARTICULARLY DESCRIBED HEREIN; I
ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION I
PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, I
AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the
Future Land Use Map in the Comprehensive Plan for the City of Delray !
Beach, Florida, as being designated General Commercial, in part, and I
Transitional, in part; and
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WHEREAS, during review of the land uses associated with the i
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creation of the CBD-RC (Central Business District-Railroad Corridor) I
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zoning district, inconsistencies between zoning classifications and I
land use designations were identified; and I
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WHEREAS, at its -meeting of May 15, 1995, the Planning and i
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Zoning Board for the City of Delray Beach, as Local Planning Agency, ,
reviewed this item and voted unanimously to recommend approval of a
City-initiated corrective Small Scale Future Land Use Map amendment to
make the land use designations and zoning classifications consistent,
based upon positive findings; and I
WHEREAS, it is appropriate that the Future Land Use Map in
the Comprehensive Plan be corrected to reflect a land use designation ¡
of Commercial Core for the affected property. I
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE I
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: i
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Section 1. That the legal description of the subject ¡
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property is as follows:
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Lots 7 through 12, inclusive, Block 77, TOWN OF I
DELRAY (formerly Town of Linton), as recorded in Plat I
Book 1 at Page 3 of the Public Records of Palm Beach
County, Florida¡ I
TOGETHER WITH I
All of Block 78, TOWN OF DELRAY (formerly Town of I
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Linton) , as recorded in Plat Book 1 at Page 3 of the
Public Records of Palm Beach County, Florida;
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TOGETHER WITH ì
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That part of Block 86 lying west of the F.E.C. !
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Railroad, TOWN OF DELRAY (formerly Town of Linton) , ,
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as recorded in Plat Book 1 at Page 3 of the Public I
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Records of Palm Beach County, Florida. I
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The subject is generally located south of I
property I
Atlantic Avenue on the east side of S.E. 1 st Avenue I
and the east and west sides of S.E. 2nd Avenue. I
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Section 2. That the Future Land Use Map in the I
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Comprehensive Plan of the City of Delray Beach, Florida, is hereby I
corrected to reflect a land use designation of Commercial Core i
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for the subject property. I
Section 3. That the City of Delray Beach elects to make I
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this small scale amendment by having only an adoption hearing, I
pursuant to Florida Statutes Section 163.3187(1)(c)4.
Section 4. That all ordinances or parts of ordinances in í
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conflict herewith be, and the same are hereby repealed. I
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Section 5. That should any section or provision of this I
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such I
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid. I
Section 6. That this ordinance shall become effective as of I
the date a final order is issued by the Department of Community I
Affairs or Administration Commission finding the amendment in ì
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compliance in accordance with Section 163.3184, Florida Statutes, I
whichever occurs earlier. 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 Commission, 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.
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- 2 - Ord. No. 30-95 ,
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PASSED AND ADOPTED in regular session on second and final i
reading on this the 20th day of June , 1995. i
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ATTEST:
Oh Nm'ff)ì.l'- Jg!;p 110* I
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City le k I
First Reading June 6, 1995 i
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Second Reading Jure 20, 1995 i
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- 3 - Ord. No. 30-95
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N F.L.U.M. AMENDMENT
PlNNNO O€PM'NfHT mæI AAEA 10 BE CHANCED F'RON ,.REA TO BE C~G£D FROU
01Y or OElJIAY BtAat. R. ~ ~E"'EML c.oMIIERCIIIL TO CONNERClIIL CORE rRANSmONAl TO CONNERCIAl CORE
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CITY COMMISSION DOCUMENTATION
TO: VID J- HARDjJ;,ITY MANAGER
THRU: D E .~~R
DEPARTMENT OF PLANN G AND ZONING
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FROM: PAUL DORLING, P CIP AL PLANNER
SUBJECT: MEETING OF JUNE 6, 1995 - CORRECTIVE SMALL SCALE
FUTURE LAND USE MAP AMENDMENT FROM GENERAL COMMERCIAL AND
TRANSITIONAL TO COMMERCIAL CORE FOR PROPERTY LOCATED SOUTH
OF ATLANTIC A VENUE ON THE EAST SIDE OF SE 1 ST A VENUE AND THE
EAST AND WEST SIDES OF SE 2ND AVENUE.
ACTION REQUESTED OF THE COMMISSION:
The action requested by the City Commission is that of approval on first reading
of an ordinance changing the Future Land Use Map designation of Lots 7-12
Block 77 Town of Delray plat (approximately 1.39 acres), Lots 7-16 Block 78
Town of Delray plat as well as that portion of Block 86 Town of Delray plat lying
west of the FEC railroad (approximately 2.70 acres) from "General Commercial"
to "Commercial Core", ana Lots 1-6 Block 78 Town of Delray plat
(approximately 1.43 acres) from "Transitional" to "Commercial Core" .
The subject properties are located south of Atlantic A venue on the east side of
SE 1 st A venue and the east and west sides of SE 2nd Avenue.
BACKGROUND:
Prior to the adoption of the Future Land Use Map in 1989 the parcels had Future Land
Use Map designations of General Commercial for Lots 7-12 Block 77, Lots 6-16, Block
78 and Block 86 and Multi-family (10 units per acre) for Lots 1-5 Block 78. The parcels
had consistent zoning districts of RM-10 (Lots 1-5 Block 78) and General Commercial
(Lots 6-16 Block 78, lots 7-12 Block 77, and the portion of Lot 86 east of the FEC
Railroad).
With the adoption of the Future Land Use Map on November 28, 1989 the parcels were
given General Commercial (Lots 7-16 Block 78, Lots 7-12 Block 77, and portion of Lot
86 east of FEC Railroad) and Transitional (Lots 1-6 Block 78) land use designations.
With the City-wide rezonings associated with the adoption of the LDR's the zoning
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designations were changed to CBD (Central Business District) for all parcels. In 1990
with this change the zoning and land use designations become inconsistent. During
review of the land uses associated with the creation of the new CBD-RC (Central
Business District-Railroad Corridor) zoning district the inconsistencies were discovered.
The proposed change is a City initiated corrective Small Scale Future Land Use Map
amendment to bring the Land Use Map designations and zoning designations consistent.
PLANNING AND ZONING BOARD CONSIDERATION:
The Board considered the request at its May 15, 1995 public hearing. There was no
public testimony in opposition to the Land Use amendments. The Board voted 7-0 to
recommend that the request be approved .
RECOMMENDATIONS:
Recommend approval of the corrective Future Land Use Map Amendment from "General
Commercial" to "Commercial Core" for Lots 7-12 Block 77 (Town of Delray plat), Lots
7-16 Block 78 and that portion of Block 86 (Town of Delray plat) west of the FEC
Railroad and from "Transitional" to "Commercial Core" for Lots 1-6 Block 78 (Town of
Dekay plat) based upon positive findings with respect to Florida Statute 163.3187.
attachments:
* Staff report
* Ordinance No. -95
t:docl.doc
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PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: MAY 15, 1995
AGENDA ITEM: V.C. CONSIDERATION OF A CORRECTIVE SMALL SCALE
AMENDMENT TO THE FUTURE LAND USE MAP FROM
"GENERAL COMMERCIAL" AND "TRANSITIONAL" TO
"COMMERCIAL CORE" FOR PROPERTY LOCATED SOUTH OF
ATLANTIC AVENUE ON THE EAST SIDE OF S.E. 1ST
AVENUE AND THE EAST AND WEST SIDES OF S.E. 2ND
AVENUE.
ITEM BEFORE THE BOARD: -
The item before the Board is that of making a recommendation on ~
a City initiated corrective Future Land Use Map Amendment. ,,' The
change involves. Lots 7-12 Block 77 Town of Delray' plat
(approximately 1.39 acres), Lots 7-16 Block 78 Town of Delray
plat as well as that portion of Block 86 Town of Delray plat
lying west of the FEC railroad (approximately 2.70 acres) from
"General Commercial" to "Commercial Core", and Lots 1-6 Block 78
Town of Delray plat (approximately 1.43 acres) from
"Transitional" to "Commercial Core".
The subject properties are located south of Atlantic Avenue on
the east side of S.E. 1st Avenue and the east and west side of
S.E. 2nd Avenue.
PROJECT DESCRIPTION; -
The property is made up of several different parcels under
separate ownership developed with a combination of residential,
commercial and industrial uses. Lots 7-12 of Block 77 contains
a computer warehouse, parking lot, and residential structure. ~
Lots 1-6 Block 78 contains 3 single family homes, 2 duplexes and
. a vacant lot. Lots 7-16 Block 78 contains industrial type uses
which include painters, plumbers, small engine repair, a moving
and storage company, and a scrap metal dealer. The eastern
portion of Block 86 contains a painting contractor.
BACKGROUND:
Prior to the adoption of the Future Land Use Map in 1989 the
parcels had Future Land Use Map designations of General
Commercial for Lots 7-12 Block 77, Lots 6-16, Block 78 and Block
86 and Multi-family (10 units per acre) for Lots 1-5 Block 78.
The parcels had consistent zoning districts of RM-I0 (Lots 1-5
Block 78) and General Commercial (Lots 6-16 Block 78, lots 7-12
Block 77, and the portion of Lot 86 east of the FEC Railroad).
V.C.
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P&Z Board Memorandum Staff Report .
Consideration of a Corrective Small Scale Amendment
to the Future Land Use Map from "General Commercial"
and "Transitional" to "Commercial Core".
Page 2 _~
Wi th the adoption of the Future Land Use Map on November 28,
1989 the parcels were given General Commercial (Lots 7-16 Block
78, Lots 7-12 Block 77, and portion of Lot 86 east of FEC
Railroad) and Transitional (Lots 1-6 Block 78) land use
designations. W~th the City-wide rezonings associated with the
adoption of the LDR' s the zoning designations, were changed to
CBD (Central Business District) for all parcels. In 1990 with
this change the zoning 'and land use designation become
inconsistent.
During review of the land uses associated with the creation of
the new CBD-RC (Central Business District-Railroad Corridor)
zoning district the inconsistencies were discovered. This City .
initiated petition proposes to eliminate these inconsistencies. ¡
COMPREHENSIVE PLAN ANALYSIS:
This Future Land Use Plan Amendment is being processed as a
Small Scale Development pursuant to Florida Statutes 163.3187
(1) (c) (1) . This Statute allows any local government's Future
Land Use Map amendments that are directly related to proposed
small scale development activities, to be approved without
regard to statutory limits on the frequency of consideration of
amendments (twice a year), subject to the following conditions:
* 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;
* The cumulati ve effect of the amendments processed under
this section shall not exceed 60 acres annually; and, -
* The proposed amendment does not involve the same property
owner's property within 200' of property granted a change
within a period of 12 months.
. The property contains a total of 5.52 acres. These parcels
combined with other small scale amendments processed this year
will not exceed 60 acres. The property has not previously been
considered for a land use amendment, nor has the same property
owner been granted a land use change within 200 feet or within
the last year. Thus, these properties meet the conditions for
processing a small scale amendment.
Land Use Analysis:
The current City Land Use designation for the properties
are:
Lots 7-12 Block 77 - General Commercial
Lots 1-6 Block 78 - Transitional
Lots 7-16 Block 78 - General Commercial
Block 86 East of FEC - General Commercial
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P&Z Board Memorandum Staff Report
Consideration of a Corrective Small Scale Amendment
to the Future Land Use Map from "General Commercial"
and "Transitional" to "Commercial Core". ,.-
Page 3 - >
The proposed change for all parcels will be to a "Commercial
Core" land use map designation. The surrounding Land Use Map
designations to the north is Commercial Core, to the south is
, Redevelopment Area No. 5, to the east is Commercial Core and
Community Facilities and to the west is Mixed Use (Old School
Square Historic District).
The existing surrounding Land Uses are: commercial uses to the
north, commercial and vacant to the east, mixed use residential
to the west and commercial to the south.
The current land use designations of "General Commercial" and
"Transitional" are inconsistent with the underlying zoning
designation of "Central Business District". In addition., a ~
portion of the area now designated as General Commercial is to ì
be rezoned to CBD-RC (Central Business District - Railroad
Corridor), the CBD-RC will not be consistent with the GC land
use designation. However, the proposed land use map designation
change to "Commercial Core" is consistent with both the CBD and
the CBD-RC zoning districts. This consistency is mandated by
the Future Land Use Element of the Comprehensive Plan and by LDR
Section 3.1.1.
ASSESSMENT:
This change is being sought to correct inconsistencies in land ~
use and zoning designations. The proposed "Commercial Core"
land use designation will be consistent with the existing
"Central Business District" zoning and the proposed CBD-RC
designations. This consistency is required by Future Land Use
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Element Policy A-l.l and LDR Section 3.1.1 for all development
applications.
These amendments are being processed under the Small Scale í-
Development process, which allows processing of amendments ;.,"
without regards to the twice a year limitation required by
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Florida Statue 163.3187. The require criteria under Florida - ~
Statute 163.3187 have been met. i
ALTERNATIVES:
1. Continue with direction. !
2. Recommend approval of the corrective Future Land Use Plan
Amendment from "General Commercial" to "Commercial Core"
for Lots 7-12 Block 77 Town of Delray, and Lots 7-16 Block
78 and that portion of Block 86 Town of Delray west of the
FEC Railroad and from "Transitional" to "Commercial Core"
for Lots 1-6 Block 78 Town of Delray upon positive findings
with respect to Florida Statute 163.3187.
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P&Z Board Memorandum Staff Report
Consideration of a Corrective Small Scale Amendment
to the Future Land Use Map from "General Commercial"
and "Transitional" to "Commercial Core".
Page 4 -
3. Find that the application of the "General Commercial" and
"Transitional"land use designation was not in error and
recommend denial of the Future Land Use Map Amendment.
RECOMMENDATIONS:
1- Recommend approval of the corrective Future Land Use Plan
Amendment from "General Commercial" to "Commercial Core"
for Lots 7-12 Block 77 Town of Delray, Lots 7-16 Block 78
and that portion of Block 86 Town of Delray west of the FEC
Railroad and :from "Transitional" to "Commercial Core" for
Lots 1-6 Block 78 Town of Delray based upon positive
findings with respect to Florida Statute 163.3187.
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T:CBDAMEND.DOC
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM i 10 D - MEETING OF JUNE 20. 1995
SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 32-95
(REZONING TO CBD-RC FOR PROPERTIES LOCATED ALONG THE
F.E.C. RAILROAD CORRIDOR IN THE DOWNTOWN AREA)
DATE: JUNE 14, 1995
This is second reading and public hearing for Ordinance No. 32-95
which rezones property within several blocks in the downtown area
from CBD (Central Business District), GC (General Commercial) and
SAD (Special Activities District) to the newly created CBD-RC
(Central Business District-Railroad Corridor) zoning district.
The subject properties are located along the F.E.C. railroad
corridor in two general locations; one approximately between N.E.
4th and N.E. 2nd Streets, and the other between S.E. 1st and S.E.
6th Streets.
The purpose of this rezoning is to apply the CBD-RC zoning
classification to the light industrial type uses that currently
exist in the downtown area in the vicinity of the railroad
corridor. The CBD-RC district was created to recognize the
longstanding light industrial character of the area, to prov ide
for the expansion and upgrading of existing uses when
appropriate, and to help provide employment opportunities in the
downtown area.
The proposed rezoning was reviewed and is supported by Pineapple
Grove Main Street, the Downtown Development Authority, and the
Community Redevelopment Agency. The Planning and Zoning Board
formally considered the rezoning at public hearing on May 15,
1995, and voted 6 to 0 to recommend that it be approved, On June
6, 1995, the Commission voted unanimously to pass the ordinance
on first reading.
Recommend approval of Ordinance No. 32-95 on second and final
reading.
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ref:agmemo12
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ORDINANCE NO. 32-95
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF I
DEL RAY BEACH, FLORIDA, REZONING AND PLACING LAND I
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PRESENTLY ZONED CBD (CENTRAL BUSINESS DISTRICT) , IN
PART, GC (GENERAL COMMERCIAL) DISTRICT, IN PART, AND
SAD (SPECIAL ACTIVITIES DISTRICT) , IN PART, IN THE
CBD-RC (CENTRAL BUSINESS DISTRICT--RAILROAD CORRIDOR)
DISTRICT; SAID LAND BEING GENERALLY LOCATED IN THE
DOWNTOWN AREA ADJACENT TO THE F.E.C. RAILROAD
CORRIDOR, AS MORE PARTICULARLY DESCRIBED HEREIN; AND
AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA 1994";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the I
Zoning District Map of the City of Delray Beach, Florida, dated April,
1994, as being zoned CBD (Central Business District), in part, GC I
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(General Commercial) District, in part, and SAD (Special Activities i
District), in part; and
WHEREAS, at its meeting of May 15, 1995, the Planning and
Zoning Board for the City of Delray Beach, as Local Planning Agency,
considered this item at public hearing and voted 6 to 0 to recommend I
approval of the rezoning, based upon positive findings; and I
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WHEREAS, it is appropriate that the Zoning District Map of I
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:
I
Section 1. That the Zoning District Map of the City of ¡
Delray Beach, Florida, dated April, 1994, be, and the same is hereby I
amended to reflect a zoning classification of CBD-RC (Central Business
District--Railroad Corridor) District for the following described
property:
Beginning at the point of intersection of the
centerline of S.E. 1st Street and the northerly
projection of the centerline of the north-south alley
in Block 78, TOWN OF LINTON (according to the Plat
thereof as recorded in Plat Book 1, Page 3 of the
Public Records of Palm Beach County, Florida) ; thence
in an easterly direction along said centerline of
S.E. 1st Street to a point of intersection with the
east right-of-way line of the Florida East Coast
Railroad; thence southerly along said railroad
right-of-way line to a point of intersection with the
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centerline of S.E. 2nd Street; thence easterly along (
said centerline to a point of intersection with the \
centerline of S.E. 3rd Avenue; thence southerly along !
said centerline of S. E. 3rd Avenue to a point of ;
intersection with the easterly projection of the i
centerline of the east-west alley of Block 87, LINNS Ii
ADDITION TO OSCEOLA PARK (according to the Plat
thereof as recorded in Plat Book 1, Page 133 of the !
Public Records of Palm Beach County, Florida); thence !
westerly along said projection and centerline of said I
alley to a point of intersection with the centerline 1
of the north-south alley of said Block 87 ¡ thence I'
southerly along said centerline and projection ,
thereof, to a point of intersection with the
centerline of S.E. 3rd Street¡ thence southerly to a .
point of intersection with the westerly projection of !
the north line of Lot 13, Block 88, of said Plat of !
LINNS ADDITION TO OSCEOLA PARK, and the centerline of I
the north-south alley of Block 88, of said Plat of
LINNS ADDITION TO OSCEOLA PARK; thence southerly I
along said centerline and projection thereof to a ¡.
point of intersection with the centerline of S.E. 4th
Street; thence westerly along S.E. 4th Street
centerline to a point of intersection with the west I
right-of-way line of the Florida East Coast Railroad; (
thence southerly along said right-of-way line to a !
point of intersection with the centerline of S.E. 6th Ii
Street¡ thence westerly along said centerline to a I
point of intersection with the centerline of S.E. 1st I
Avenue; thence northerly along said centerline of ;
S.E. 1st Avenue to a point of intersection with the ¡
centerline of S.E. 4th Street; thence easterly along ¡
said centerline of S. E. 4th Street to a point of !
intersection with the centerline of the continuation I
of S.E. 1st Avenue; thence northerly along said ¡
centerline of S.E. 1st Avenue to a point of I
intersection with the centerline of S.E. 3rd Street; !
thence easterly along said centerline of S. E. 3rd I
Street to a point of intersection with the southerly I
projection of the east lot line of Lot 14, Block 79, ,
of said Plat of TOWN OF LINTON; thence northerly
along said projection and the east lot line of Lots
14, 13, 12, 11, 10,9,8,7 and 6 to the northeast
corner of Lot 6, Block 79; thence westerly along the
north lot line of said Lot 6 and the projection
thereof to a point of intersection with the
centerline of S.E. 1st Avenue¡ thence northerly along
- 2 - Ord. No. 32-95
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said centerline to a point of intersection with the
centerline of S.E. 2nd Street¡ thence easterly along
said centerline of S.E. 2nd Street to a point of
intersection with the southerly projection of the ,
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centerline of the north-south alley of Block 78, of ¡
the said Plat of the TOWN OF LINTON; thence northerly I
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along said projection and centerline, and northerly ,
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projection of said centerline to the point of i
beginning. :
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AND
Beginning at the point of intersection of the ,
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centerline of N.E. 4th Street and the northerly
projection of the centerline of the north-south alley
in Block 81, TOWN OF LINTON (according to the Plat
thereof as recorded in Plat Book 1, Page 3 of the
Public Records of Palm Beach County, Florida)¡ thence
in an easterly direction along the centerline of N.E.
4th Street to a point of intersection with the ì
northerly projection of a line 135 feet west of and I
parallel with the east lot line of Lot 1, Block 97,
HIGHLAND PARK (according to the Plat thereof as !
recorded in Plat Book 2, Page 79 of the Public !
Records of Palm Beach County, Florida)¡ thence
southerly along said projection and line to a point
of intersection with the north lot line of Lot 4, j
said Block 97; thence westerly along said lot line to I
a point of intersection with the centerline of N,E.
3rd Alley¡ thence southerly along said centerline to
a point of intersection with the westerly projection
of the north lot line of Lot 9 of said Block 97; I
thence easterly along said projection to a point of
intersection with a line 220 feet west of and
parallel to the east lot line of said Lot 9; thence I
southerly along said line to a point of intersection
with the south lot line of said Lot 9; thence
westerly along said lot line to the southwest corner
of said Lot 9; thence southerly along the west lot
line of Lot 10, Block 97, to the southwest corner of
said Lot 10¡ thence easterly along the south lot line
of said Lot 10 to a point of intersection with the
northerly projection of the west lot line of Lot 11, ,
Block 97; thence southerly along said projection and i
the west lot line of Lots 11, 12, 13, 14 and the
southerly projection of the west lot line of Lot 14,
all of said Block 97, to a point of intersection with
- 3 - Ord. No. 32-95
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the centerline of N.E. 3rd Street; thence in a !
southerly direction to the northeast corner of Lot
14, Block 98, L.R. BENJAMIN'S SUBDIVISION (according
to the Plat thereof as recorded in Plat Book 12, Page
18 of the Public . Records of Palm Beach County,
Florida) i thence in a southerly direction along the
east lot lines of Lots 14, 15, 16, 17, 18, 19, 20,
21, 23 and the southerly projection of the east line
of Lot 23, Block 98, to a point of intersection with
the centerline of N.E. 2nd Street; thence westerly
along said centerline to a point of interseotion with
the centerline of the north-south alley of Block 82,
TOWN OF LINTON (according to the Plat thereof as
recorded in Plat Book 1, Page 3 of the Public Records
of Palm Beach County, Florida)¡ thence northerly
along said centerline of Block 82, and the northerly
projection of said centerline, to a point of
intersection with the centerline of N.E. 3rd Street;
thence in an easterly direction to a point of
intersection with the centerline of N.E. 3rd Street
and the southerly projection of the centerline of the
north-south alley in Block 81, TOWN OF LINTON ,
(according to the Plat thereof as recorded in Plat
Book 1, Page 3 of the Public Records of Palm Beach I
County, Florida); thence northerly along said
centerline, and northerly projection of said
centerline to the point of beginning.
!
LESS the following desoribed property: Begin at the t
northeast of Lot 1, L.R. BENJAMIN'S ,
corner
SUBDIVISION as recorded in Plat Book 12, Page 18 of
the Public Reoords of Palm Beach County, Florida, and i
run on an assumed bearing of S 00 degrees 18' 39" W
along the east line of Lots 1, 2 and 3 for 137.00
feet; thenoe run N 88 degrees 49' 54" W for 94.42
feet; thenoe N 09 degrees 45' 36" E along a line
50.00 feet westerly of as measured at right angles to
the west lines of said Lots 1, 2 and 3 for 138.54
feet; thence S 88 degrees 49' 54" E along the
westerly extension of and north line of said Lot 1, ¡
L.R. BENJAMIN'S SUBDIVISION, for a distance of 71.67 ,
,
feet to the Point of Beginning. ¡
The subject properties are located along the F.E.C.
Railroad corridor in two general locations; one
approximately between N.E. 4th Street and N.E. 2nd
Street, and the other between S.E. 1st Street and
S.E. 6th Street.
- 4 - Ord. No. 32-95
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Section 2. That the Planning Director of said City shall, I
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upon the effective date of this ordinance, amend the Zoning Map of the I
I
City of Delray Be,ach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective I
immediately upon passage on second and final reading. I
I
in regular ¡
PASSED AND ADOPTED session on second and final ¡
reading on this the 20th day of JUNE 1995. I
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ATTEST: I
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(hMn0J1..t'jú~fP !la7iv I
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City C erk
First Reading June 6, 1995
Second Reading June 20, 1995
- 5 - Ord. No. 32-95
P & Z Memorandum Staff Report
Rezoning of CBD Industrial Area to CBD-RC
Page 4
a. That the zoning had previously been changed, or was ~
originally established in error; ;;
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b. That there has been a change in circumstances which t
make the current zoning inappropriate;
c. That the requested zoning is of a similar intensity as t
allowed under the Future Land Use Map and that it is
more appropriate for the property based upon Î'
circumstances particular to the site and/or t
neighborhood. !"
The applicable reason is "c" above. The new zoning is similar ~
to what has traditionally been permitted along the F.E.C:
corridor via the special overlay zone provisions, and will
primarily accommodate existing uses. Given the previously noted
problems with the overlay zone, this new district was created
specifically to apply to this area. It is therefore more
appropriate for the area based upon those special circumstances. j
DEVELOPMENT STANDARDS (:
,.
The rezoning will result in minimal change in terms of physical
development. The standards for setback, height, and minimum
area in the CBD-RC zone will be the same as those of the CBD and
GC zoning districts. The parking regulations mirror those of
the CBD district. The new district will require the screening
of all outside storage within a year of the rezoning, which
should help to improve the overall appearance of the area.
REV I E W B Y o THE R S
The creation of the CBD-RC district, and its application to the
subject area, was reviewed and unanimously approved by the
following organizations and/or agencies on the dates noted:
* Pineapple Grove Main Street March 8, 1995
* Downtown Development Authority March 29, 1995
* Community Redevelopment Agency April 12, 1995
R E COM MEN D E D ACTION
By motion, recommend to the City Commission the rezoning from
CBD (Central Business District) , GC (General Commercial), and
SAD (Special Activities District) to CBD-RC (Central Business
District--Railroad Corridor) , for those properties adjacent to
the F.E.C. railroad corridor in the downtown area, identified as
the hatched areas on the attached zoning map.
Attachments: -
* Map of area to be rezoned
T:CBDFtCREZ.DOC
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 10£ - MEETING OF JUNE 20, 1995
SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 33-95
(DELETING SPECIAL USE PROVISIONS FOR PROPERTIES LOCATED
ALONG THE F.E.C. RAILROAD CORRIDOR IN THE DOWNTOWN AREA)
DATE: JUNE 14, 1995
This is second reading and public hearing for Ordinance No. 33-95
which amends Sections 4.4.13(H)«3) and ( 4 ) , Central Business
District Special Regulations, of the Land Development Regulations
by deleting the special use provisions for the light industrial
area along the F.E.C. Railroad corridor in the downtown area.
Currently there exists a provision in the CBD zoning regulations
that allows certain uses of a light industrial nature to be
conducted in an area that is generally defined as being 100 feet on
either side of the railroad, north of N.E. 1st Street and south of
S.E. 1st Street. This II overlay zone II has created difficulties in
implementation and enforcement. In some cases the boundaries cross
through the middle of the lots. It also includes some properties
that are zoned General Commercial, and not CBD. In addressing
these problems and the uses in this area, the CBD Industrial
Committee determined that it would be more appropriate to create a
separate zoning district along the rail corridor. With the
creation and application of the new CBD-RC district, it is
necessary to eliminate the overlay zone. It should be noted there
are certain areas that are within the overlay zone which are not
proposed to be rezoned to CBD-RC. Information on these areas as
well as additional background and analysis is contained in the
attached staff report.
The Planning and Zoning Board formally considered the amendment at
public hearing on May 15, 1995, and voted 6 to 0 to recommend that
it be approved. On June 6, 1995, the Commission voted unanimously
to pass the ordinance on first reading.
Recommend approval of Ordinance No. 33-95 on second and final
reading.
p~ 5-0
ref:agmemo13
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ORDINANCE NO. 33-95 t
!
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF i
DEL RAY BEACH, FLORIDA, AMENDING SECTION 4,4.13, ,
I
"CENTRAL BUSINESS (CBD) DISTRICT" , SUBSECTION
4.4.13(H), "SPECIAL REGULATIONS ", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH,
FLORIDA, BY DELETING SUBPARAGRAPHS 4.4.13(H)(3) AND
4.4.13(H) (4) IN THEIR ENTIRETY; PROVIDING A GENERAL ,
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE ,
I
DATE. ,
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;
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and ¡
Zoning Board reviewed the subject matter at its meeting of May 15,
1995, and has forwarded the change with a recommendation of approval
by unanimous vote; 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: i
,
Section 1. That Chapter Four, "Zoning Regulations", Article ,
;
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4.4, "Base Zoning District", Section 4.4.13, "Central Business (CBD) i
District" , Subsection 4.4.13(H) , "Special Regulations", of the Land I
Development Regulations of the City of Delray Beach, Florida, be, and i
the same is hereby amended by repealing subparagraphs 4.4.13(H)(3) and ;
4.4.13(H) (4) in their entirety, to delete the special use provisions
for the light industrial area along the F.E.C. Railroad corridor in
the downtown area.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
,
Section 3. That should any section or provision of this í
ordinance or any portion thereof, any paragraph, sentence, or word be I
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. I
:
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
. '
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,
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PASSED AND ADOPTED in regular session on second and final !
reading on this th~ 20th day of June 1995.
~~ :
ATTEST:
al£~ltlJ}Jf' Júf¡t2 /JmI¡¡ ,
I
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City erk i
I
First Reading June 6, 1995 I
I
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Second Reading June 20, 1995
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- 2 - Ord. No. 33-95
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·
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM i 10· p. - MEETING OF JUNE 20, 1995
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO.
34-95 (TAX EXEMPTION FOR HISTORIC PROPERTIES)
DATE: JUNE 16, 1 995
This is second reading and public hearing for Ordinance No. 34-95
which amends the Land Development Regulations by enacting a new
subsection 4.5.1(M), "Tax Exemption for Historic Properties". It
authorizes a partial ad valorem tax exemption for qualifying
improvements to historic properties and is intended to encourage
more restoration, renovation and rehabilitation of these
properties in an ongoing effort to stabilize and improve property
values in the City. The ordinance establishes requirements and
procedures in order to receive and maintain an exemption for the
specified term, and designates the Historic Preservation Board to
review applications and make recommendations to the City
Commission. It also provides for revocation of the exemption in
the event the applicant fails to maintain the property according
to the terms and conditions of the Historic Preservation
Exemption Covenant.
This ordinance was first reviewed in April, 1994. Action was
delayed to allow additional time to address concerns expressed by
the Community Redevelopment Agency and for further review by the
Historic Preservation Board and the Planning and Zoning Board.
Questions raised have been addressed and are included in the
attached staff report. On February 9, 1995, the CRA recommended
the ordinance for approval. On March 15th, the Historic
Preservation Board unanimously recommended approval. On May 15,
1995, the Planning and Zoning Board voted unanimously to
recommend approval of the ordinance.
At first reading on June 6, 1995, questions were raised by Mayor
Lynch concerning whether the tax exemption would apply to
eligible properties in the CBD in light of the tax increment
financing (TIF). The City Attorney's office is reviewing this
issue and will provide a report at Tuesday's meeting. The
Commission passed Ordinance No. 34-95 on first reading by a vote
of 4 to 1 (Mayor Lynch dissenting).
Recommend consideration of Ordinance No. 34-95 on second and
final reading. ýlJ~ td ~Ý-I..L ~~~
ref:agmemo10 fc ~ ~ /7
;::¡:¡/¿E/) (}77 ..3 td ¿;¡ odá
FAILED ON 2ND/FINAL READING - JUNE 20, 1995
"... "- . _.-,- '-~
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ORDINANCE NO. 34-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF !
DELRAY BEACH, FLORIDA, AMENDING ARTICLE 4.5, "OVERLAY I
AND ENVIRONMENTAL MANAGEMENT DISTRICTS"¡ OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, I
FLORIDA, BY ENACTING A NEW SUBSECTION 4.5.1(M), "TAX
EXEMPTION FOR HISTORIC PROPERTIES", TO AUTHORI ZE AD
VALOREM TAX EXEMPTIONS FOR HISTORIC PROPERTIES;
ESTABLISHING REQUIREMENTS AND PROCEDURES; DESIGNATING
THE HISTORIC PRESERVATION BOARD TO REVIEW
APPLICATIONS AND MAKE RECOMMENDATIONS TO THE CITY
COMMISSION; ESTABLISHING PENALTIES; PROVIDING A
SAVING CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE I
DATE.
WHEREAS, the citizens of Florida amended the Florida I
Constitution, Article 7, Section 3(e), to authorize counties and I
municipalities to grant a partial ad valorem tax exemption to owners
of historic properties for improvements to such properties which are ,
the result of the restoration, renovation or rehabilitation of the
historic properties; and I
I
¡
WHEREAS¡ the Florida legislature enacted Sections 196.1997 I
and 196.1998, Florida Statutes (1992) to govern the allowance of such
I
exemptions; and
WHEREAS, the City Commission desires to create a partial ad
valorem tax exemption for qualifying improvements of historic I
properties as a means to encourage more restoration, renovation and
rehabilitation of such properties and to stabilize and improve
property values in the City. I
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NOW¡ THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
¡
CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Article 4.5, "Overlay and Environmental
Management Districts", Section 4.5.1, "Historic Preservation Sites and
Districts", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended by enacting a new subsection 4.5.1(M), "Tax Exemption
for Historic Properties", to read as follows: I
4.5,1(M) Tax Exemption for Historic Properties. ,
I
( 1 ) The City Commission hereby creates a tax exemption for
the restoration, renovation or rehabilitation of qualifying historic
properties designated in Section 4.5.1(M)(4). Qualifying properties
shall be exempt from that portion of ad valorem taxation levied by the
FAILED ON 2ND/FINAL READING - JUNE 20, 1995
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FAILED ON 2ND/FINAL READING - JUNE 20, 1995
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City of Delray Beach on 100% of the increase in assessed value
resulting from any renovation, restoration or rehabilitation of the ì
qualifying property made on or after the effective date of this
ordinance.
The above exemption does not apply to:
(a) Taxes levied for payment of bonds;
(b) Taxes authorized by a vote of the electors
pursuant to Section 9(b) or Section 12, Article 7
of the Florida Constitution; or
(c) Personal property.
(2 ) Duration of Tax Exemption.
(a) The exemption period shall be for ten ( 10) years,
beginning January 1 st following the year in which final approval is
given by the City Commission and the Palm Beach County Property
Appraiser has been instructed to provide such exemption. However, the
City Commission shall have the discretion to set a lesser term if
requested by the property owner in the original application.
( b) The term of the exemption shall be specified in
the resolution approving the exemption and shall continue regardless
of any changes in the authority of the City to grant such exemption or I
change in ownership of the property. To retain an exemption, the
historic character of the property and the improvements which I
qualified the property for an exemption must be maintained in their
I
historic state over the period for which the exemption was granted. !
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(3 ) Effective Date of Exemption.
The effective date of the tax exemption shall be !
January 1 of the year following the year in which a historic
preservation exemption covenant is recorded and a copy of the Final
Application and resolution of the City Commission, as approved, have
been transmitted to the Palm Beach County Property Appraiser. I
(4) Oualifying Properties and Improvements. ,
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(a) The following real property in the City is
qualifying property for the purposes of this ordinance if at the time
the exemption is approved by the City Commission, the property:
- 2 - Ord. No. 34-95
FAILED ON 2ND/FINAL READING - JUNE 20, 1995
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( 1 ) is individually listed in the National I
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Register of Historic Places pursuant to the National Historic
Preservation Act o~ 1966, as amended, or ¡
(2) is a contributing property to a National I
Register-listed district; or
(3 ) is designated as a historic property, or as a
contributing property to a historic district, under the terms of the
City's historic preservation ordinance; and I
I
(4 ) has been certified by the Historic I
Preservation Board as satisfying (a)(l), ( 2 ) , or ( 3) .
(b) For an improvement to a historic property to
qualify the property for an exemption, the improvement must:
( 1 ) be consistent with the United States
Secretary of the Interior's Standards for Rehabilitation, as amended;
(2 ) be determined by the Historic Preservation
Board to meet criteria established in rules adopted by the Department
of State, Division of Historical Resources, FAC 1A-38, as amended, and
( 3 ) be consistent with Section 4.5.1(E),
IIDevelopment Standards II, of the City's Land Development Regulations.
(5 ) Evaluation of Property Used for Government or Nonprofit I
Purposes.
(a) For purposes of the exemption under Section
I
196.1998, Florida Statutes, a property is being used for government or !
i
nonprofit purposes if the sole occupant of at least 65 percent of the I
useable space is an agency of the federal, state or a local government i
unit or a nonprofit organization certified by the Department of State
under Section 617.013, Florida Statutes.
(b) For purposes of the exemption under Section
196.1998, Florida Statutes, property is considered regularly and ¡
a ,
frequently open to the public if public access to the property is j
provided not less than 12 days a year on an equitably spaced basis, i
and at other times by appointment. Nothing herein shall prohibit the
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owner from charging a reasonable nondiscriminatory admission fee, I
comparable to fees charged at similar facilities in the area. I
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- 3 - Ord. No. 34-95
FAILED ON 2ND/FINAL READING - JUNE 20, 1995
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(6 ) Application for Exemption. I
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Any property owner, or the authorized agent of the
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that desires' an ad valorem tax exemption for the improvement of I
owner, I
a historic property must file,a written application with the Planning I
and Zoning Department. The application shall be made on the two-part ¡
Historic Preservation Property Tax Exemption Application, approved by ì
I
the State of Florida, Division of Historical Resources. Part 1 of the ¡
application, the Preconstruction Application, shall be submitted
before qualifying improvements are initiated and Part 2, the Final
Application/Request for Review of Completed Work, shall be submitted
upon completion of the qualifying improvements. The Final Application
shall contain the Historic Preservation Exemption Covenant, as
provided for herein.
(7 ) Part 1. Preconstruction A~plication. I
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A Preconstruction Application shall be filed with the I
Planning and Zoning Department before the qualifying project is
initiated. The Preconstruct ion Application shall also contain I
information concerning the proposed cost of the qualifying improvement
and be accompanied by a copy of the most recent tax bill from the Palm I
Beach County Property Appraiser for the property. Upon receipt of the
Preconstruction Application, the Historic Preservation Planner shall !
review the application and determine whether the application is :
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complete and whether the property satisfies the requirements of !
Section 4. 5.1(M) (4) (a) and is therefore eligible for review by the
Historic Preservation Board.
(8 ) Review of Preconstruction Application by the Historic I
Preservation Board. I
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The Historic Preservation Board shall review the I
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Preconstruct ion Application within 60 days of the Historic
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Preservation Planner's determination of eligibility. If all or part I
of the proposed work involves exterior work requiring the issuance of i
a Certificate of Appropriateness, the exterior portion of the work
shall be reviewed in accordance with the Certificate of !
Appropriateness process simultaneously with the Part 1 , !
Preconstruction Application. If site plan approval or a variance is \
!
required for the project, the respective applications shall be I
presented to the Historic Preservation Board in conjunction with the I
I
Certificate of Appropriateness review process. A Preconstruction !
Application which requires a Certificate of Appropriateness shall not
be considered until the Certificate of Appropriateness is approved by
the Historic Preservation Board.
- 4 - Ord. No. 34-95 I
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FAILED ON 2ND/FINAL READING - JUNE 20, 1995
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(a) If the Historic Preservation Board determines that ,
the work as proposed is a qualifying improvement and is in compliance !
with the review standards contained in Section 4.5.1(M)(4), the I
Preconstruction Application and, if applicable, the Certificate of \
Appropriateness shall be approved by the Historic Preservation Board, I
and the Board shall issue a written order to the applicant.
(b) If the Historic Preservation Board determines that
the work as proposed is not a qualifying improvement or is not in
compliance with the review standards contained in Section 4.5.1(M)(4), I
the applicant shall be so advised in writing.
(9 ) Issuance of Other Permits or Approval.
The Building Department must review and approve all ,
I
Preconstruction Applications with respect to the applicable code i
¡
requirements before issuing a building permit. The Building i
Department shall review all plans prior to the Historic Preservation I
Board's review. I
(10 ) Part 2 , Final Application/Request for Review of
Completed Work.
(a) If the Historic Preservation Board determines that
the work is a qualifying improvement and is in compliance with the
review standards contained in Section 4.5.1(M)(4), the Board shall I
approve the Final Application/Request for Review of Completed Work and
issue a written order to the applicant. The City will inspect the
completed work to verify such compliance. The review of the Historic I
Preservation Board shall be completed within thirty (30) days of the
receipt of the Final Application/Request for Review of Completed Work. ,
(b) The Final Application/Request for Review of I
Completed Work shall be accompanied by documentation of the total cost I
of the qualifying improvements. Appropriate documentation may
include, but is not limited to, paid contractor's bills, AlA Form \
702-703, cancelled checks, and an approved building permit application I
listing the cost of work to be performed. Upon the receipt of a Final i
Application/Request for Review of Completed Work and all required
supporting documents, the Historic Preservation Board shall conduct a
review at a regularly scheduled public meeting to determine whether or ,
not the completed improvements are in compliance with the work
described in the Preconstruction Application, approved amendments, if I
any, and Section 4.5.1(M)(4)(b). After the above review, the Historic I
Preservation Board shall recommend that the City Commission grant or
deny the exemption.
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- 5 - Ord. No. 34-95 ;
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FAILED ON 2ND/FINAL READING - JUNE 20, 1995
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(c) If the Historic Preservation Board determines that
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the work as completed is either not a qualifying improvement or is not
in compliance with the review standards contained in Section I
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4.5.1(M)(4), the applicant shall be advised that the Final Application
has been denied. Such denial shall be in writing and the Historic I
Preservation Planner shall provide a written summary of the reasons
for the determination. I
(11) Appeal to the Historic Preservation Board's Decision. I
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Review and reversal of any action taken by the Historic
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Preservation Board is appealable to the City Commission pursuant to I
Section 2.4.7(E), "Appeals II.
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(12) Approval by the City Commission. I
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Upon approval of a Final Application/Request for Review
of Completed Work by the Historic Preservation Board, the Final
Application shall be placed by resolution on the agenda of the City
Commission for approval. The resolution of the City Commission
approving the Final Application shall provide the name of the owner of
the property, the property address and legal description, require the
owner to record the restrictive covenant as provided in Section
4.5.1(M)(13) in the official records of Palm Beach County as a
condition of receiving the exemption, the period of time the exemption i
will remain in effect, and the expiration date of the exemption. I
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( 13) Historic Preservation Exemption Covenant. I
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To qualify for exemption, the applicant must sign I
an ,
and return the Historic Preservation Exemption Covenant with the Final I
Application/Request for Review of Completed Work. The covenant shall I
!
be in form established by the Department of State, Division of i
a as I
f
Historical Resources, and applicable for the term for which the !
exemption is granted and shall require the character of the property ¡
and qualifying improvements to be maintained during the period that
the exemption is granted.
On or before the effective date of the exemption, the
owner of the property shall have the covenant recorded in the official
records of Palm Beach County, Florida, and shall cause a certified
copy of the recorded covenant to be delivered to the Historic t
Preservation Planner. Such covenant shall be binding on the current I
,
property owner, transferees, and their heirs, assigns and successors.
A violation of the covenant shall result in the property owner being ,
,
subject to the payment of the differences between the total amount of
the taxes which would have been due in March of each of the previous
- 6 - Ord. No. 34-95
FAILED ON 2ND/FINAL READING - JUNE 20, 1995
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years in which the covenant or agreement was in effect had the
property not received the exemption and the total amount of taxes I
actually paid in those years, plus interest on the difference ¡
calculated as provided in Sec. 212.12(3) , Florida Statutes.
(14) Completion of Work.
An applicant must complete all work within two ( 2 )
years following the date of approval of a Part 1 Preconstruction
Application by the Historic Preservation Board. A Preconstruction
Application shall be automatically revoked if the property owner has
,
not submitted a Final Application/Request for Review of Completed Work ¡
within two (2 ) years following the date of approval of the
preconstruction Application.
The City Commission, upon the recommendation of the
Historic Preservation Board, may extend the time for completion of a
substantial improvement in accordance with the procedures of the
City's Building Code.
,
( 15) Notice of Apuroval to the Pro~erty ~~~raiser. i
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Upon the receipt of a certified copy of the recorded i
restrictive covenant by .the Historic Preservation Planner, the I
Preservation Planner shall transmit a copy of the approved Final ,
,
Application/Request for Review of Completed Work, the exemption
covenant and the resolution of the City Commission approving the Final
Application and authorizing the tax exemption to the Palm Beach County
Property Appraiser. 1
(16) Revocation Proceedin9s. I
(a) The Historic Preservation Board may initiate
proceedings to revoke the ad valorem tax exemption provided herein, in
the event the applicant, or subsequent owner or successors in interest
to the property, fails to maintain the property according to the
terms, conditions and standards of the Historic Preservation Exemption
Covenant.
(b) The Historic Preservation Board shall provide
notice to the current owner of record of the property and hold a
revocation hearing in the same manner as in Section 4.5.1(M)(10), and 1
make a recommendation to the City Commission.
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- 7 - Ord, No. 34-95
FAILED ON 2ND/FINAL READING - JUNE 20, 1995
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(c) The City Commission shall review the I
recommendation of the Historic Preservation Board and make a !
determination as to whether the tax exemption shall be revoked. ¡
Should the City Commission determine that the tax exemption shall be
revoked, a written resolution revoking the exemption and notice of '
penalties as provided in Paragraph 4 of the covenant shall be provided I
to the owner, the Palm Beach County Property Appraiser, and filed in
the official records of Palm Beach County.
(d) Upon receipt of the resolution revoking the tax l
exemption, the Palm Beach County Property Appraiser shall discontinue ¡
the tax exemption on the property as of January 1st of the year ¡
following receipt of the notice of revocation. !
!
(17) Reapplication. I
¡
An applicant previously granted a Historic Preservation ¡
Tax Exemption by the Historic Preservation Board may undertake an
additional substantial improvement project during the Exemption
Period, or following its expiration, and reapply for an additional
Historic Preservation Tax Exemption for such subsequent work.
Section 2. That all ordinances or parts of ordinances in :
conflict herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be I
declared by a court of competent jurisdiction to be invalid, such I
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective
immediately upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final :
reading on this the day of , 1995.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 8 - Ord. No. 34-95
FAILED ON 2ND/FINAL READING - JUNE 20, 1995
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CITY COMMISSION DOCUMENTATION
TO: D VID T. HA~ MANAGER
c-- ,
FROM: D UEZ, DI~~
DEPARTMENT OF PLANNING AN ZONING
SUBJECT: MEETING OF JUNE 6, 1995
AMENDMENT TO THE LDRS ALLOWING FOR AN EXEMPTION
FROM CERTAIN PROPERTY TAXES WHEN ASSOCIATED WITH
IMPROVEMENTS TO HISTORIC STRUCTURES
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval of an
amendment to the Land Development Regulations (LDRs), creating a new
subsection 4.5,1(M), "Tax Exemption for Historic Properties."
.
BACKGROUND:
This item was the subject of a City Commission workshop discussion in April of
last year. The ordinance was drafted subsequent to a constitutional amendment
approved by Florida voters allowing local governments to authorize property tax
exemptions for improvements to historic structures. The intent of the ordinance
is to provide incentives for the restoration and preservation of historic properties,
and to assist in efforts to revitalize older neighborhoods.
Adoption of the ordinance was delayed in response to concerns expressed by
the CRA over the potential impact of the exemptions on its tax base. In
particular, there was concern that recipients of CRA loans might also apply for
the tax exemption, thus receiving a double benefit that would detract from the
agency's ability to fund future loans. This issue was discussed further at the
CRA's meeting of February 9, 1995, at which time it was recommended for
approval. Additional background and analysis related to the ordinance is
contained in the attached Planning and Zoning Board staff report.
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City Commission Documentation
LDR Amendment RE: Tax Exemption for Historic Structures
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board first considered this item at its meeting of March
20, 1995. The Board had certain questions regarding the implementation of the
exemption, and continued the item. Those questions were addressed in the
attached staff report. On May 15, 1995, the Board voted unanimously to
recommend approval of the ordinance.
RECOMMENDED ACTION:
0 By motion, approve the amendment creating LDR subsection
4.5.1 (M), "Tax Exemption for Historic Properties."
Attachment:
0 P&Z Staff Report of May 15, 1995
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PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT !
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MEETING OF: MAY 15, 1995 " i
AGENDA ITEM: V..K. - AMENDMENT TO THE LAND DEV~LOPMENT ,¥,
REGULATIONS ALLOWING FOR AN EXEMPTION FROM ,'! .
CERTAIN PROPERTY TAXES WHEN ASSOCIATED WITH ;';' ~
IMPROVEMENTS TO HISTORIC PROPERTIES.
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ITEM BEFORE THE BOARD: . i
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The item before the Board is that of recommending to the "..¡
City Commission approval of an amendment to the Land '1.
Development Regulations to allow for an exemption from 1
certain property taxes when associated with improvements to t
Historic Properties.
BACKGROUND:
On November 3, 1992 Florida voters approved an amendment to the
State Constitution that allows local governments to provide
property tax exemption on improvements to historic properties.
The Florida Legislature enacted Section 196.1997 and 196.1988 to
govern the allowance of such exemptions. The goal of this
legislation is to encourage preservation and rehabilitation of
historic properties and to assist in efforts to revitalize older
neighborhoods and commercial areas.
Section 196.1997 provides a great deal of flexibility for -
communities in drafting an incentive ordinance. The Historic
Preservation Board recommended that a draft ordinance be
prepared and has made suggestions with respect to the philosophy
and objectives of the ordinance as follows:
Encourage restoration, renovation and rehabilitation without
adversely affecting the property tax base or finances of the
City.
Assure that the work visibly improves the exterior of the
property ~nd therefore improves the neighborhood.
Assure that the program is easy to administer by the City.
Assure that the incentive is significant enough that
property owners will want to participate.
On AprilS, 1994 a draft of the proposed ordinance for the City
was sent to a City Commission Workshop meeting for comments.
V.K.
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P&Z Board Memorandum Staff Report
Amendment to the LDRs Allowing for an Exemption
from Certain Property Taxes when Associated with
Improvements to Historic Properties.
Page 2
The Commission favored the ordinance but had concerns with
respect to, its impact on the CRA's tax base, as the majority of
eligible properties are located within its boundaries. It was
felt that by exempting certain property taxes less money would
be collected for the CRA's interest free loan program.
Applicants applying for both the exemption and the loan would be
doubly depriving those whose properties were not historically
eligible and who depend on the loan program for help with
renovation. The Commission recommended that a draft of the
ordinance be submitted to the CRA.
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On May 4, 1994 the Historic Preservation Board reviewed and r
approved the final draft of the ordinance with several minor 1
changes in the language. The Board agreed to make its formal r
recommendation to the Planning and Zoning Board after comments t
from the CRA were received. t
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The CRA reviewed the final draft at its meeting of May 12, 1994, .
however, no formal comments were forthcoming. On February 9,
1995, the CRA Board considered the ordinance again, and
recommended that it be adopted with the proviso that an
individual exercising the tax exemption not apply for a CRA
subsidized loan. This will prevent owners of historic
properties from receiving the double benefit of an interest free
rehabilitation loan and a tax exemption for the improvements.
On March 20, 1995, the P & Z Board considered the amendment and,
because of questions and concerns, deferred the action to its
meeting of May 15, 1995. The following analysis addresses some
of the questions and concerns that were expressed by the Board.
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ANALYSIS OF THE PROPOSED ORDINANCE:
A property would qualify for tax exemption if it is individually
listed on the National -Register of Historic Places; is
individually listed on the Local Register of Historic Places; or
is a contributing (historic) structure located within one of the
City's four Historic Districts.
* The Board wanted assurance that this is clearly worded in
the ordinance.
Section 4.5.1(M)(4)(a) Qualifyinq Properties, on page
2 of the ordinance indicates which properties are
eligible as required by F.S. 196.1997.
The tax exemption will be available to owners of qualifying
residential and commercial properties for a period of 10 years.
* Board members questioned the 10 year exemption period and
felt/that this might put an undue burden on the City's tax
base and that it should perhaps be reduced to 5 years.
.
P&Z Board Memorandum Staff Report
Amendment to the LDRs Allowing for an Exemption
from Certain Property Taxes when Associated with
Improvements to Historic Properties.
Page 3
Section 1- F.S. 196.1997 (Ad valorem tax exemptions
for historic properties), (5) states that "the
ordinance must specify that any exemption granted
remains in effect for up to 10 years with respect to
any particular property regardless of any change in
the authority of the county or municipality to grant
such exemptions,. or any change in ownership of the
property".
The text of the City ordinance may be changed to.
specify "a period of up to 10 years" . However, when \,
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the period of exemption is optional, the City .'.,
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Commission must establish the period of exemption for I
each individual property. - ï
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The arguments in favor of allowing the maximum ten t
year time period are as follows: ~
I
Rehabilitation and adaptive re-use of historic
properties stabilizes and improves property values and
will ultimately enhance the property tax base of the
City. The 10 year exemption provides the best possible
positive financial incentive for rehabilitation of
historic properties.
The covenant that accompanies the exemption requires
that a property's improvements be maintained for the
period of the exemption. A 10 year period assures that
the improvements are maintained long enough to have a
substantial positive impact on the surrounding
neighborhood. -
Qualifying properties will be exempt from that portion of ad
valorem taxes levied by the City on 100% of the increased and
assessed value resulting from the renovation. The exemption
does not apply to taxes levied for payment of bonds, or taxes
authorized by a vote 'of the electors. The exemption does not
apply to personal property.
* The Board had questions with respect to the Property
Appraisers' assessments and method of evaluation of the
improvements.
The Property Appraisers office will assign a
percentage of the dollar value of the improvements to
the total assessed value of the property. For
example, $50,000 of improvement to a property assessed
at $100,000 would result in a new assessed value of
$150~000 . Thus 33% of the new assessed value will be
forgiven. Therefore, if the property values decline or
increase in the area, the tax abatement would remain
at 33% of the yearly assessed value.
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P&Z Board Memorandum Staff Report
Amendment to the LDRs Allowing for an Exemption
from Certain Property Taxes when Associated with
Improvements to Historic Properties.
Page 4
The ordinance contains a reapplication clause which allows the
applicant to reapply for an additional tax exemption for a
substantial improvement to the property during or after the
exemption period.
* The Board questioned the advisability of the reapplication t¡
clause. ;
The reapplication clause was taken from the Orlando í
ordinance, which was one of the first tax abatement '.
.
ordinances written and was used as a model by other -1
municipalities. Nothing in F.S 196.1997 prevents a
reapplication clause. However, very few of the tax
abatement ordinances that staff has reviewed contain
this clause. It is probably advisable to eliminate the t
reapplication clause from the ordinance, unless it is .
linked to a very substantial improvement to the ~
exterior.
All exemption applications will be submitted on a form which has
been adopted by the Department of State and all applications
will be reviewed by the Historic Preservation Board through the
Certificate of Appropriateness process. After reviewing the
application at a public meeting the Historic Preservation board
will then recommend that the City Commission grant or deny the
application. A majority vote of the City Commission will be
required to approve the tax exemption. The applicant must
complete the renovation within 2 years of the initial exemption
application. The tax exemption will become effective on January
1 of the year following completion of the work.
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* The Board questioned the 2 year completion period and felt
that it seemed too generous. The suggestion was made to
limit the completion period to 1 year and allow the
applicant to apply for an extension.
The two year completion date is allowed in all the
ordinances staff has reviewed and is recommended by
the Division of Historical Resources. ' In some cases
the applicants will have to phase the financing of the
project. For example, adding a bedroom and bath in
one year and restoring the exterior in the next.
Requesting an extension would require considerably
more staff time as the necessity for an extension .
would have to be documented for HPB review.
Documentation would require inspection of the property
and proof of financial or other hardship.
The ordinance·- states that the tax exemption shall continue
regardless of change in ownership of the property.
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P&Z Board Memorandum Staff Report
Amendment to the LDRs Allowing for an Exemption
from certain Property Taxes when Associated with
Improvements to Historic Properties.
Page 5
* The Board was concerned that the tax abatement runs with
the property and not with the owner.
Section 1. F.S. 196.1997(5) states that the ordinance
must specify that any exemption granted remains in
effect for up to 10 years with respect to any
particular property, regardless of any change in
the authority of the county or municipality to grant ~
such exemptions, or any change in ownership of the 1
property. . ~
Additionally, the covenant that accompanies the t
exemption requires that a property's improvements be ì.
maintained for the period of the exemption. Having-the .
f
exemption run with the land assures that the ,
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improvements are maintained for the duration of the
exemption, long enough to have a substantial positive
impact on the surrounding neighborhood.
The ordinance states that in order for proposed rehabilitation
to qualify for exemption the improvements must conform to the
Rules adopted by the Department of State; and be consistent with
Section 5.4.1(E) of the Historic Preservation ordinance which
includes the criteria set forth by the Secretary of the
Interior's Standards for Rehabilitation.
* The Board questioned how much additional staff time will be
needed to assure that the improvements qualify for
exemption.
Some additional staff time will be required. However, .
the application is extensive and must be completed by
the applicant, and not staff. The application will be
processed through the regular Certificate of
Appropriateness (COA) review process which is required
for all exterior renovation, whether or not a tax
abatement is sought. Interior renovation will be
governed by the permitting and inspection process
required by the Building Department for any
renovation.
As of October, -1994 the following governing bodies have adopted
tax exemption ordinances:
* City of West Palm Beach
* Town of Palm Beach
* City of Orlando
* City of Tampa
* City of Coral Gables
'* City of Pênsacola
* Dade County
* Hillsborough County
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P&Z Board Memorandum Staff Report
Amendment to the LDRs Allowing for an Exemption
from Certain Property Taxes when Associated with
Improvements to Historic Properties.
Page 6
In addition Palm Beach County has an ordinance that will be
considered in the near future.
Attached is an example of the property tax benefits for an
individual prope~ty owner.
HISTORIC PRESERVATION BOARD CONSIDERATION: r~~
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As so much time had elapsed since this ordinance was originally I
drafted, it was presented again for consideration by the
Historic Preservation Board at its meeting of March 15, 1995.
The Board recommended unanimously that the ordinance be adopted.
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RECOMMENDED ACTION: I
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By motion, recommend to the City Commission approval of the r'
amendment to the Land Development Regulations to allow for an
exemption from . certain property taxes when associated with
improvements to Historic Properties.
Attachments:
* Ordinance
* Example of the Tax Benefits for an Individual Property Owner
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T.HPBTAX.DOC
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Meeting of AprilS, 1994 ('
Page] ~
EXAMPLE: OWNER OCCUPIED RESIDENTIAL PROPERTY
Before Rehabilitation:
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. Property Value $100,000
Homestead Exemption -25,000
Taxable Value 15,000
City Taxes/Yr. (S Mils) $600 :
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After $30,000 Rehabilitation without Proposed Exemption: -
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Property'Value $130,000
Homestead Exemption -25,000 --
Taxable Value 105,000
Property Tax/Yr (S'Mils) $S40 .
After $30,000 Rehabilitation with:Proposed Exemption:
Property Value $~30,000
Homestead Exemption -25,000
Taxable Value 105,000
Property Tax/Yr $75,000 @ S Mils $600
Taxes/Yr on $30,000 improve @1.14 Mils +34
Total Property Tax/Yr $634
Tax Savings per Year $ 206 .
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Total Savings for 10 years $ 2,060
File/c:taxy
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # I~·A '- MEETING OF JUNE 20, 1995
ORDINANCE NO. 35-95
DATE: JUNE 16, 1995
This is first reading of Ordinance No. 35-95 which repeals
Chapter 110, Occupational License Generally, of the City Code of
Ordinances, and enacts a new Chapter 110 providing for the
adoption of recommendations put forth by the Occupational License
Equity Study Commission.
Florida statutes provide municipalities with the opportunity to
consider revisions to the occupational license classifications
and rate structure. The Commission appointed an Occupational
License Equity Study Commission to review current classifications
and rates and make recommendations on changes that would ensure
that the City's fees were equitable, reasonable and uniform. The
Commission reviewed and endorsed the proposed changes at the
March 14, 1995 workshop.
In addition to the ordinance, I have attached the IIFlat Fee
Comparisons II sheet which shows total revenue to the City which
would result with the fee set at various levels. At the March
workshop, the Commission discussed setting the fee at a level
which would generate some additional revenue, and appropriating
this added revenue for economic development. The attached
ordinance has the fee at $125, which would generate some $50,000
annually which could be so appropriated.
Recommend approval of Ordinance 35-95 on first reading. If
passed, public hearing on July 11, 1995.
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A· 5-0
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