12-06-94 Regular
- . .
DELRAY BEACH
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING ~
AIMRI CIty
'na~6. .:L9'4·~ 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 an individual with a disability an equal opportunity
to participate in and enjoy the benefits of a service, program, or acti-
vity conducted by the City. Please contact Doug Randolph 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 available for meetings in the Commission Chamber.
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 iDdividual will be limited to three
minute. or le.8, (10 minutes for group pre.entations). 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 aba to do so prior to the start of the meeting, you may
still address tQl: 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 a record of these proceedings, and for
this purpose such person may need to ensure that a verbatim record' is
made which includes the testimony and evidence upon which the appeal is
to be based. The City will neither provide nor prepare such record.
AGENDA
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda Approval.
Action: Motion to Approve.
5. Approval of Minutes: None
6. Proclamations: None
7. Presentations:
A. Site Plan Review and Appearance Board Award Recognition Program
8. Consent Agenda: City Manager recommends approval.
A. FINAL PLAT APPROVAL/BARWICK RANCH: Approve the final plat for
Barwick Ranch, a proposed 28 lot single family subdivision
located at the southwest corner of Barwick Road and Palm Ridge
Boulevard, subject to the stated condition.
B. WAIVER OF PERIMETER LANDSCAPE REQUIREMENT FOR THE CURRIE
RESIDENCE/OFFICE: Approve a request to waive LDR Section
4.6.16 (H) (3) (f) , which requires a 5 foot perimeter landscape
area along abutting property lines, for the Currie Residence/
Office located at 134 N.E. 1st Avenue, based upon positive
findings.
C. AUTHORIZATION TO PROCEED/MONITORING STUDY OF THE BEACH
NOURISHMENT PROJECT: Authorize Coastal Planning & Engineering,
Inc. to proceed with the Two Year Performance Monitoring Study
of the Beach Nourishment Project, at a cost not to exceed
$29,989.00; with funding from Beach Renourishment - Other
Contractual Service (Account No. 332-4164-572-34.90) .
D. AMENDMENT TO POLICE AND FIRE COMMUNICATIONS AGREEMENT WITH TOWN
OF GULF STREAM: Approve an amendment to the Police and Fire
Communications Agreement with the Town of Gulfstream to extend
the original agreement for a period of seven months from the
termination date of June 15, 1994, or through January 15, 1995.
-2-
.
E. HOLD HARMLESS AGREEMENT/SAGE CENTER: Approve Hold Harmless
Agreement with Sage Center at 1445 N. Congress Avenue, for
placement of a trash dumpster and enclosure fence within the
City's 25' utility easement.
F. HOME INVESTMENT PARTNERSHIP PROGRAM AGREEMENT WITH PALM BEACH
COUNTY: Approve and authorize execution of the required
agreement between Palm Beach County and the City of Delray
Beach under the federally-funded HOME Investment Partnership
Program, with the City to provide matching dollars in the
amount of $28,580.00 from SHIP (State Housing Initiative
Partnership) - Grants & Aids (Account No. 118-1924-554-83.01)
and the Bootstrap Program - Land Acquisition (Account No.
118-1974-554-61.10) .
G. UTILITY RELOCATION AGREEMENT/WILTEL. INC. : Approve a utility
relocation agreement with Wiltel, Inc. in the amount of
$5,507.00, for changing a portion of the CSX Transportation
easement or right of way in connection with the S.W. 10th
Street Road Widening - Phase II.
H. INCENTIVE PAYMENT/BJCE. INC. (DUBIN) : Approve an incentive
payment of $5,000.00 to BJCE, Inc. (Dubin) per terms of the
Golf Course management contract dated December 4, 1992; with
funding from Municipal Golf Course - Other Contractual Services
(Account No. 445-4711-572-34.90) .
1. REMOVED
J. RATIFICATION OF SCRWTD BOARD ACTION: Ratify action of the
South Central Regional Wastewater Treatment and Disposal Board
action to expend $5,000.00 from sinking fund for replacement
parts and motor for centrifuge pump.
K. RATIFICATION OF SCRWTD BOARD ACTION: Ratify action of the
South Central Regional Wastewater Treatment and Disposal Board
action to expend $10,500.00 from the sinking fund for
replacement parts (shaft impeller sleeve and rings) for return
pump "B" plant.
L. APPOINTMENT OF OUTSIDE COUNSEL/THOMAS V. CITY: Approve the
appointment of Mr. Kent Pratt, of Gaunt, Pratt & Radford, as
outside counsel for the Police officers in Thomas v. City of
Delray Beach.
M. RESOLUTION NO. 94-94: Adopt a resolution authorizing the City
to purchase from Seller (Thomas/Frazier) certain vacant
property on S.W. 4th Avenue for a water retention area as part
of the S.W. 4th Avenue/1st Street drainage improvements; and
accepting the contract stating the terms and conditions for the
sale and purchase.
N. REOUEST TO HOLD CARNIVAL/DELRAY MALL OUTPARCEL: Approve a
request from the Florida Jaycees to hold a carnival at the
outparcel of the Delray Beach Mall from December 28, 1994
through January 8,' 1995.
-3-
, .
O. GOLF CART LEASE-PURCHASE AGREEMENT/ASSOCIATES COMMERCIAL
CORPORATION: Approve the lease/purchase agreement with
Associates Commercial Corporation for 80 new gas golf carts.
The lease is for a 48-month period with monthly payments of
$3,381.90.
P. AWARD OF BIDS AND CONTRACTS:
1. Bid award - three-year lease of copier (Xerox 5355) for
Police Department - to the Xerox Corporation via Florida
State Contract, for a total of $21,240 for the 36 month
period. Funding is available from Police Support - Equip-
ment Rental and Leases (Account No. 001-2113-521-44.30) .
2. Bid Award - for lot clearing and mowing of nuisance
abatements for Code Enforcement, to Seagull Industries for
the Disabled, Inc. as primary contractor, and Walcott &
Son as secondary contractor, at an estimated annual cost
of $20,000, with funding from Code Enforcement - Lot
Mowing/Clearing (Account No. 001-2741-524-34.30) .
3 . Bid Award - for Advanced Life Support Rescue Vehicle, to
National Ambulance Builders, Inc. , at a cost of
$91,505.50, with funding from City Garage - Vehicle
Replacement (Account No. 501-3312-591-64.20) .
4. Purchase of two FM Antennas (Persoft Intersect Wireless
Bridges) at a cost of $13,895 fully installed, from sole
source vendor, FM Associates Limited, with funding from
Water and Sewer Renewal and Replacement - Other Machinery
and Equipment (Account No. 441-5161-536-64.90) .
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 November 14
through December 2, 1994.
B. ARCHITECTURAL ELEVATIONS/ROADHOUSE GRILL RESTAURANT: Consider
the architectural elevations for the Roadhouse Grill Restaurant
to be located at the northwest corner of Linton Boulevard and
Federal Highway, an outparcel of the Delray Mall.
C. AGREEMENT WITH PALM ENTERTAINMENT CORPORATION FOR USE OF THE
TENNIS STADIUM: Consider an agreement with Palm Entertainment
Corporation to provide a series of concerts or events at the
Tennis Stadium each year.
D. REOUEST FROM ROOTS CULTURAL FESTIVAL. INC. FOR WAIVER OF POLICE
OVERTIME: Consider waiving Police overtime for this year's
Roots Cultural Festival.
E. SPECIAL EVENT APPROVAL AND AGREEMENT FOR "HOOP IT UP" :
Consider approval ·of an ·agreement between the City, the Joint
-4-
.
. ,
Venture and Streetball Partners International, Inc. (SPI) for
"HOOP IT UP", a special event being promoted by the Joint
Venture for October 14-15, 1995.
F. ESTABLISH A DATE FOR THE ANNUAL TOWN HALL MEETING:. Establish a
date for the third annual Town Hall Meeting to be held at the
Crest Theater at Old School Square in January, 1995.
G. EDUCATION BOARD RECOMMENDATION/MORIKAMI ELEMENTARY SCHOOL SITE:
Consider the Education Board's recommendation to object to the
proposed Morikami site for an elementary school, with a recom-
mendation to site and build an elementary school east of 1-95
prior to construction of the Morikami site.
H. SERVICE AUTHORIZATION NO. 14/DAVID MILLER AND ASSOCIATES:
Consider Service Authorization No. 14 with David Miller and
Associates in an amount not to exceed $20,000.00 for the
design, bidding and construction administration services for
the Beach Patrol Facility to be located on the eastern
one-third of the Sandoway Park site; with funding from General
Construction Fund/Beach Improvement - Sandoway Lifeguard
Headquarters (Account No. 334-4170-572-63.44) .
1. SETTLEMENT OFFER/SULTENFUSS V. CITY: Consider settlement offer
in the amount of $25,500.00 which includes all damages,
attorney's fees and costs.
J. SETTLEMENT OFFER/CITY vs. AMERICAN CENTENNIAL INSURANCE
COMPANY: Consider an offer from American Centennial Insurance
Company in the amount of $60,000.00 in settlement of the City's
claim for this insurer's portion of the Aero-Dri matter.
K. RESOLUTION NO. 93-94/SEACREST PROPERTY TASK TEAM: Consider a
resolution establishing the Seacrest Property Task Team,
assigning it duties, establishing membership, and setting a
sunset date.
1. Consider approving the slate of proposed members to the
Seacrest Property Task Team.
L. APPOINTMENT TO THE PARKING MANAGEMENT TEAM: Consider the
appointment of Norma Bannoura to the Parking Management Team as
the West Atlantic Avenue (east of 1-95) representative.
M. APPOINTMENT TO THE EDUCATION BOARD: Appoint a member to the
Education Board to fill an une6Pcired term ending July 31, 1995.
H. 5 Sf. ADD£noU/n O. fJ dr¿f7 Oum :# '@.
10. Public Hearings:
A. ORDINANCE NO. 88-94: Corrective Future Land Use Map (FLUM)
amendment from Low Density Residential to Transitional and
corrective rezoning from RM (Medium Density Residential) to RO
(Residential Office) District for a 0.34 acre parcel of land
located at 800 North Andrews Avenue (known as the Moore
property; f/k/a Tison Realty) .
-5-
.
B. ORDINANCE NO. 93-94: Corrective Future Land Use Map ( FLUM)
amendment from Medium Density Residential to Transitional and
corrective rezoning from RM (Medium Density Residential) to RO
(Residential Office) District for a 0.40 acre parcel of land
located at 1201 George Bush Boulevard (Chapin Law Offices) .
C. ORDINANCE NO. 61-94: An ordinance annexing and establishing
initial zoning of RL (Low Density Residential - 3 to 6 units
per acre) for an 11.63 acre undeveloped portion of Rockland
Park Subdivision. The subject property is located on the west
side of Military Trail, approximately 2,800 feet north of
Atlantic Avenue.
D. ORDINANCE NO. 62-94: An ordinance annexing and establishing
initial zoning of R-I-A (Single Family Residential) for a 16.15
acre parcel of land known as the Lee property. It is located
north of Atlantic Avenue on the west side of Gallagher Road,
west of and adjacent to Kingsland pines Subdivision.
E. ORDINANCE NO. 94 - 94 : An ordinance adopting Comprehensive Plan
Amendment 94-2. Associated Future Land Use Map (FLUM) amend-
ments:
1. Rockland Park Subdivision, from County LR-3 (Low Density
Residential - 3 units per acre) to City Medium Density (5
to 12 units per acre)
2 . Lee Property, from County MR-5 (Medium Density Residential
- 5 units per acre) to City Low Density (0 to 5 units per
acre)
3 . Silver Terrace Redevelopment Area: A text change to
redirect the scope of the Silver Terrace Redevelopment
Plan
4. S.W. 10th Street Area from Transitional to Commerce
F. ORDINANCE NO. 63-94: An ordinance rezoning 9.25 acres of land
from RM (Medium Density Residential) District to LI (Light
Industrial) District. The subject property is located on the
north side of S.W. 10th Street, between S.W. 13th Avenue and
S.W. 15th Avenue.
G. ORDINANCE NO. 91-94: An ordinance repealing Chapter 112,
"Alarm Systems", of the City Code in its entirety, and enacting
a new Chapter 112, "Alarm Systems" , to provide 'for the
regulation of alarm systems.
H. ORDINANCE NO. 92-94: An ordinance amending Section 53.130,
"User Charges; Wholesale Sewer Rates; Calculation of Sewer
Surcharge" to provide for corrections in the connection fee
which was inadvertently amended by passage of Ordinance No.
22-94.
11. Comments and Inquiries on Non-Agenda Items from the Public-
Immediately following Public Hearings.
-6-
.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. First Readings:
A. ORDINANCE NO. 97-94: An ordinance rezoning a 1.92 acre parcel
, of land from NC (Neighborhood Commercial) District to POD
(Professional and Office) District. The subject property is
generally located at the northwest corner of Seacrest Boulevard
and N.E. 22nd Street. If passed, public hearing will be
scheduled pending demolition of structure bisected by zoning
district boundary line.
B. ORDINANCE NO. 98-94: An ordinance amending Chapter 32,
Subheading "Education Board", of the City Code to provide for
two student members on the Education Board, and providing for
their qualifications. If passed, public hearing on January 3"
1995.
C. ORDINANCE NO. 99-94: An ordinance amending Chapter 37, "Delray
Beach Code Enforcement" , of . the City Code to bring it into
conformance with Florida Statutes Chapter 162 in granting the
Code Enforcement Division greater power and discretion in
dealing with code enforcement violations. If passed, public
hearing on January 3, 1995.
D. ORDINANCE NO. 95-94: An ordinance amending Chapter 33, "Police
and Fire Departments", Subheading "Pensions", of the City Code
by creating a new Section 33.70, "Direct Transfers of Eligible
Rollover Contributions". If passed, public hearing on December
13, 1994.
E. ORDINANCE NO. 96-94: An ordinance amending Chapter 35,
"Employee policies and Benefits", Subheading "Retirement Plan",
of the City Code by amending Sec. 35.089 to clarify the
definition of "actuarial equivalence"; amending Sec. 35.097,
"Retirement Income; Basis, Amount and Payment", to reflect the
normal form of benefit as a single life annuity; creating a new
subsection 35.097(J), "Maximum Pension" , a new subsection
35.097 (K) , "Commencement of Benefits" , a new subsection
35.097(L), "Distribution of Benefits" , a new subsection
35.097(M), "Direct Transfer of Eligible Rollover
Contributions". If passed, public hearing on December 13,
1994.
13. Comments and Inquiries on Non-Agenda Items.
A. Commission
B. City Attorney
C. City Manager
-7-
. .
CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - DECEMBER 6. 1994 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
9.N. CHANGE ORDER NO. 4/CHAZ EOUIPMENT CO. . INC. : Consider add
Change Order #4 to Chaz Equipment Co. , Inc. for the Central
Business District Alley Reconstruction - Phase II in the
amount of $23,840.00 for the replacement of part of the 24"
drainage outfall pipe to the L-37 canal at Rabbit Hollowe
subdivision. During recent storms associated with Tropical
Storm Gordon, the subdivision flooded. On further
investigation it was identified that segments of the existing
outfall pipe were crushed which prevented stormwater discharge
into the L-37 canal. Funding is available from the Stormwater
Utility Fund (Account No. 448-5411-538-62.44) . Recommend
approval of Change Order No. 4 with Chaz Equipment Co., Inc.
.. .
.. .- ..
CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - DECEMBER 6. 1994 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
,
COMMISSION CHAMBERS
AGENDA ADDENDUM NUMBER 2
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
9.0. CHANGE ORDER NO. 7/MOLLOY BROTHERS. INC. : Consider Change
Order No. 7 to Molloy Brothers, Inc. for the relocation of
approximately 100 linear feet of 16" gravity sewer at Veterans
Park, near the recently demolished master lift station. Fund-
ing in the amount of $10,300 is available from Renewal and
Replacement - Sewer Mains (Account No. 442-5178-536-63.51)
through budget transfer from Manho 1 e Rehabilitation (Account
No. 441-5178-536-61. 84) .
~
·
,. ¡/
c (,
,-, )
I, l~
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: D~~N~'~
DIRECTOR OF PLANNING & NING
FROM: ~~R PLANNER
SUBJECT: MEETING OF DECEMBER 6, 1994
SITE PLAN REVIEW AND APPEARANCE BOARD AWARD RECOGNITION
PROGRAM
B A C K G R 0 U N D:
This year is the third annual Site Plan Review and Appearance
Board (SPRAB) Award Recognition Program. The awards are given
to those property owners and their design teams who have
significantly contributed to the beauty of the City through
creative design. Eligible projects are those which were
approved by the Site Plan Review and Appearance Board, and also
received a Certificate of Occupancy during the previous fiscal
year (October 1, 1993 - September 30, 1994) .
The Board will also be presenting awards to ten property owners
for Landscape Improvements associated with meeting the 1993
minimum landscape code requirements.
This year's design categories and recipients include:
SPECIAL PROJECTS:
Veteran's Park Playground Equipment - Veteran's Park
* The Citizens of Delray Beach
* Pam Post (Project Coordinator)
* Sue Ellen Claggett (Project Coordinator)
Community Mural Project - NE 2nd Avenue
* The Citizens of Delray Beach
* Sharon Koskoff (Project Coordinator)
-¡./I.
"
.
..
City Commission Documentation
SPRAB Awards Program
Page 2
EXTERIOR RENOVATION:
Bennett Auto Supply - 10 S. Congress Avenue
* Harold Bennett (Owner)
* Mainguy Construction (Project Coordinator)
Mouw and Associates - NE 3rd Street
* Mouw and Associates (Owner/Developer)
ARCHITECTURE:
Six South Restaurant - 6 S. Ocean Boulevard
* Shahnt Restaurant Corporation (Owner/Developer)
* George Brewer (Architect)
BEST OVERALL DESIGN:
Levenqer - 420 Congress Avenue
* Steven and Lori Leveen (Owners)
* Dal Pos Architect, P.C. (Architect)
* A. Grant Thornbrough (Landscape Architect)
* Atlas Signs (Signage)
SIGNAGE:
Pineapple Grove Shoppes - NE 2nd Avenue
* David Beynon (Owner)
* Brite Lite Custom Signs, Inc. (Sign Company)
The Arbors - 1625 S. Congress Avenue
* Crocker and Company (Owner)
* Don Bell Industries, Inc. (Sign Company)
REDEVELOPMENT:
Bi-Lo Center - West Atlantic Avenue
* Ghassan Kashou (Owner/Developer)
BEST IMPROVEMENT:
501 E. Atlantic Buildinq
* Susan J. Gracey (Owner)
.
.
.
City Commission Documentation
SPRAB Awards Program
Page 3
LANDSCAPING/SITE IMPROVEMENTS:
Express Car Wash - 375 N. Federal Highway
* Richard Shullman (Owner)
* KSE Architects, Inc. (Site Planner)
* Jerry Turner & Associates (Landscape Architect)
LANDSCAPE IMPROVEMENTS - 1993 CODE COMPLIANCE:
* Palmer Floor Covering - 249 SE 6th Avenue
* Bridgestone Firestone - 217 SE 6th Avenue
* Atlas Transmission - 102 SE 5th Avenue
* Rose Auto Shopping Center - 233 NE 2nd Avenue
* Paoletti's Restaurant - 815 NE 6th Avenue
* St. Paul's Baptist Church - 40 SW 10th Avenue
* C.L. Boatrights - 190 NE 2nd Avenue
* Church of God of Prophecy - 49 SW 7th Avenue
* A to Z Auto - 18 NE 2nd Avenue
* Palm Plaza - E. Atlantic Avenue
'.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 'ò7V!
SUBJECT: AGENDA ITEM # <8/1 - MEETING OF DECEMBER 6. 1994
FINAL PLAT/BARWICK RANCH
DATE: DECEMBER 2, 1994
This is before the Commission to approve final plat for Barwick
Ranch, a proposed single-family residence subdivision located at
the southwest corner of Barwick Road and Palm Ridge Boulevard.
This plat proposes to subdivide the property into 28 single
family home s , dedicate a retention area, a public road, and
utility easements.
The Planning and Zoning Board formally reviewed this item at its
meeting of July 18, 1994, and certified the final plat as being
consistent with the preliminary plat, subject to conditions. All
conditions were addressed except for the financial guarantee.
This will be required prior to releasing the plat to be recorded.
Recommend approval of final plat for Barwick Ranch subject to the
condition that a financial guarantee for all required public
improvements be submitted prior to releasing the plat to be
recorded.
~ an C~
.
·
ear
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
THRU:
& ZONING
FROM:
SUBJECT: MEETING OF DECEMBER 6, 1994
BARWICK RANCH FINAL PLAT **CONSENT AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the final plat for Barwick Ranch, a proposed 28
lot single family residence subdivision. The project is
located at the southwest corner of Barwick Road and Palm
Ridge Boulevard.
This final plat is being processed pursuant to LDR Section
2.4.5(J), Major Subdivisions.
B A C K G R 0 U N D:
The subject property was voluntarily annexed by the City on
March 24, 1981 through enactment of Ordinance 8-81, and given an
initial zoning designation of R-1AA, Single Family.
In July, 1984, a petition was submitted to site an 80-person
drug rehabilitation center on the subject property. However,
after substantial public opposition the applicant withdrew the
petition prior to City Commission action.
A sketch plan and preliminary plat proposing to subdivide the
property into 28 single family homes was submitted in June,
1988. The final plat was approved by the City Commission on
January 31, 1989, subject to conditions. As the conditions
imposed were not addressed, the plat was not recorded and the
property was not developed.
In June, 1994, a new plat of the Barwick Ranch subdivision was
submitted. This plat proposes to subdivide the property into 28
single family homes, dedicate a retention area (Tract A) ,
dedicate a public road (Tract B), and dedicate utility
easements.
,
City Commission Documentation
Barwick Ranch Final Plat
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of July 18, 1994. The Board approved the preliminary
plat and certified the final plat as being consistent with the
preliminary plat, subject to the following conditions:
1. That the technical items identified within the staff
report be addressed prior to scheduling the plat for
City Commission action;
2. That a revised traffic distribution pattern be
submitted which shows the project's traffic
distribution at the intersection of Barwick Road and
Lake Ida Road prior to scheduling the plat for City
Commission action;
3. That a financial guarantee for all required public
improvements be submitted prior to releasing the plat
for recordation.
All items of a technical nature have been addressed. A revised
traffic distribution pattern was submitted and approved by Palm
Beach County1s Traffic Engineering on July 19th. The remaining
condition of a financial guarantee will be required prior to
releasing the plat for recordation.
R E COM MEN D E D ACT ION:
By motion, approve the final plat for Barwick Ranch, subject to
the following condition:
* That a financial guarantee for all required public
improvements be submitted prior to releasing the plat
for recordation.
Attachment:
* Location Map & Reduced Plat
T:BRANCHCC.DQC
.
, .
-
I I ¡ 'I. I I I
rj
-¡¡; ¡.-- '-
, - ,,---- -- ------ :=~~ 1!Z
'i'----r ~ )
PIN£ TR£I CRN[ ~
I f--
I
/\... SUIIRr.i£ IIOU..EVARO
.. SA8AL lAKES ROAD
<
. ,
(:)
«
0 ~ ~/'"
~ ~C
~
f-- -
f--
/'lÃH
/IT
CANAL L-31
~ J~ ~ " y~ _l~ I ITH J,I));::k
~ -~ ~~ == Tt(¡ I II ~
, 0 ~ ° ~
...~ . 1ft ~{
~- I I I ~If. ~7. ri,....
~
~ ~ COUH1!Iv IWIORS ROAD ~ ~ ~~
~ UOQ;
'- ... \r rr'ì i ;... .
~ { ~
I ~ «
~<~ 0 CW 0 m ~i
L A K E I D A R 0 A D
Q]~DJIII¡IJ~=" \.I~<t "" \"J I i I I ~ r9A~
m¡r I I r - - ~ --"1 ~ II I 1 -J
~
113:1 I I I I I I I - - -:il I I I 1----1
N
- BARWICK RANCH
Pl»IN1NG DEI' AA T\ÆIIT
CITY OF l)£IJV.y II[;.Q , F1.
- DlClTAI.. SASE IJAP SYS7ÐI --
"
----- ,-~~-~- --~---~- ~--- ,---~-----,----~---' PLA T Q F ~~~.-------------_. ----
BARWICK RANCH
SHEET 2 OF 2
""'''"
_~__.. u__ __________._______. -~ .-"----.-~- ------------ 'r~
GOLF CLUB ESTATES \
PU.T BOOK 25, PAG£ <35 tt
PALM RIDGE BLVD (40' RIGHT -OF -WAY)
0
S 88' ':- "C' ( N'
~ 6.'1J28'
, ~ 10' RIGHT-Cf'-WAY DEDICATION
11110 T!!ACT "0.
r------------------- n... n... 0 .."
. ----- ----- -------------~ .....
81 10' urn.ln (>:<:OoE:I/T -------------- I
I I
, 11
.
I ,
I
I 14 16 17 ~¡. I
! :' ,
I \
10' UTILITY US<:I.E:"T
I ..'"
- - ______________.1- ,
..... .....
6o-91"~r" I
13 ...... 'V
...-0,.-"\ ...,---..........- - - - - - --'--:C-..£.L~'L- '- - - - - _________ I
/' BARWICK RAN'::4 CIRCLE (TRACT" 8") ".. '......(f:[:- 20 1
'1 ....' ,,,,.v nq' , ,
- -------- ------------ ~ ~
------------- ,.v z
.",..,..,,-e- 10' t- I..;7Y £AS£/.U/T .-...... \ ~
..~HOIT
,..... ....,... I ~ ,
......r I ~
I ,,~oa'( 1
26 27 I ~ >-
12 28 I I I .... ,-.
\ . , , I ..J >-
I. I I .... , <
21 I =>
I . I So \ s
.
\ I I I
I
,.......C"( 'IOC.ÞO' I I I u..
,.....W( OU)" . I ,-~ C
,~r~·[ .,.. '....-.0-.,-( þ\.J' I ,
...- J , r I i i
I I f-
10' UTUTY (6S£1Æ1fl ~ I ~
.".. I I ..L
i .'
I I I ~ I c
11 I TRACT "An I '"
q I I Q:::
25 IJU L- _ --i. ._~~I- __ - ~u "!=~~--4'c,
I I
I I I ~.. ofCOC
I 1 I W , 0
,
I ~ ç, , CD
\ I c> I '-..-/
S~I·"'f I , ¢
I . ~ !
I I I , c>
1 I SIr2'c'H"{ IDt.IO" I ...------------ ç, 0
, ''''''''-1 0\.10" ....,.....,. , <[,
I ''''''1'''' __ , 0-<>'" , V'I
I , I I I l_",ar I I 0
I , I I
, I I
I 10 Ii I I \0' UilliT' rASE:OoE:NT I G:::
I 'I I I ,
I I I 1
I I I 23 I I :ex::
22
, \.v I , " U
I I . " 1 I
I I }.v "' S
, ...... ~~..,.I " ~
I ~~--( ..."... I I' Z I Ct:
10' U"LFT £"5(I.O/T __________~~:·Â ,... ,I 'S' <
I ~ I
I c:;
I , "'..' ---------------- I' ~
.... "
I ~...", ,,- I >- I
I ">0,,
I L*nl'l', ,,<,, 1 I
, / , -'
I ----¡u - - - -ý-- - ---1..~~nj"L- - - - - - --------' , S
, 9 ,
I BARWICK '01 I 0 I
I RANCH C:RClE (TRACT "S") t -
- I q
, ..... ,
- . ....
I --------------- I
I \()' UTIliTY £ 1.:<: IÆ' T
I
,
I ,
I II
, 8 3
6 , 5
. w'
10' UTILITY EASE:OoE:'O ~I
--------------- ---------- :'
,..... :1
..... ,....
S 88,,'" ,,.. E 624,16' ...... '.....
.,
S 88'24 ,,.. E \ 6<'4T6' .,,,..]
V
NOT PLATTED
-
~' ,- -
·
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER f/JV1
SUBJECT: AGENDA ITEM :II: 1fß - MEETING OF DECEMBER 6. 1994
WAIVER OF PERIMETER LANDSCAPE REOUIREMENT FOR THE CURRIE
RESIDENCE/OFFICE
DATE: DECEMBER 1, 1994
This is before the Commission to approve a request to waive LDR
Section 4.6.16(H)(3)(f) which requires a 5 foot perimeter landscape
area along abutting property lines. The subject property is the
Currie Residence/Office located at 134 N.E. 1st Avenue within the
Old School Square Historic Arts District.
Along a portion of the north property line, a two foot landscape
area is provided adjacent to the abutting property where five feet
is required. As there is an existing hedge on the adjacent
property, no unsafe condition or special privilege is being
created, and the remaining area along the north property line meets
code, a positive finding can be made with respect to this waiver
request.
The Historic Preservation Board formally reviewed this item on
November 16, 1994, and recommended approval of the request to waive
the five foot landscape requirement along a portion of the north
property line.
Recommend approval of the request to waive LDR Section
4.6.16(H)(3)(f) for the Currie Residence/Office, based upon
positive findings.
~ on (~
ref:agmemo4
,
rt1'
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: ~I~~~
DIR,¡;:CTOR OF, ~G & ZONING
, -U
!' ~
FROM: STEVEN E. TA'Y R
PLANNER
SUBJECT: MEETING OF DECEMBER 6, 1994
WAIVER OF PERIMETER LANDSCAPE REQUIREMENT FOR THE
CURRIE RESIDENCE/OFFICE **CONSENT AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a request to waive LDR Code Section
4.6.16(H)(3(f), which requires a 5' landscaped area along
abutting property lines. The waiver is associated with a
site plan for a project located on the west side of N.E.
1st Avenue, between N.E. 1st Street and N.E. 2nd Street.
The waiver request is being processed pursuant to LDR Code
Section 4.6.16(C)(2), Landscape Requirements Compliance and
Relief.
B A C K G R 0 U N D:
The subject property consists of Lot 12 Block 67, Town of
Linton, which is located within the Old School Square Historic
Arts District.
On September 22, 1994, a request for site plan approval for the
Currie Residence/Office (architects office) was submitted. The
site plan request involves the combination of an existing single
family residence and the relocation of the offices for Robert
Currie and Associates, Inc. from 100 N.E. 5th Avenue to 134 N.E.
1st Avenue. The single family residence will be oriented toward
the western area of the site. The development proposal
incorporates the addition of 847 sq. ft. of office space and 449
sq. ft. of living space, the addition of 6 parking spaces, and
associated landscaping.
During review of the site plan and landscape plan it was
noted that a portion of the north property line provides a 2'
landscape area adjacent to the abutting property where 5' is
required. The area in question is being utilized for a 6' x 24'
backout area within the parking lot.
I
City Commission Documentation
Landscape Waiver - Currie Residence/Office
Page 2
A N A L Y S I S :
Pursuant to LDR Code Section 2.4.7(B), waivers may be considered
concurrently with the development application with which it is
associated. Also, prior to granting a waiver, the granting
body must make a finding that the granting of the waiver shall
not adversely affect the neighboring area, shall not create an
unsafe situation, or does not result in the grant of a special
privilege in that the same waiver would be granted under
similar circumstances on other property for another applicant or
owner.
As there is an existing hedge on the adjacent property, no
unsafe situation or special privilege is being created, and the
remaining area along the north property line meets code, a
positive finding can be made.
HISTORIC PRESERVATION BOARD CONSIDERATION:
The Historic Preservation Board formally reviewed this item at
its meeting of November 16, 1994. The Board recommended
approval of the request to waive LDR Code Section
4.6.16(H)(3)(f), which requires a 5' landscape area along a
portion of the north property line.
R E COM MEN D E D ACT ION:
By motion, approve the request to waive LDR Code Section
4.6.16(H)(3)(f), requiring a 5' landscape area along a portion
of the north property line.
Attachment:
* Location Map & Reduced Landscape Plan
T:CURRIELS.DQC
!
~ - ,/~__-
~
'---- ,. =u 1
- . ------~------- - I-- f--- J.--. L---
- '--- I-- f-- f---
- 1- ~ ~ ~I---
- -f--« <- - I
- I---- -~I
== f----
- I--- ~( {¡ ==
- N.W. 3RD 51. N.E, JRD Sì.7 S',
_ I ¡ T-
f- ..J
l.J « ~ t- -
~ I- 0( S-----
~ f-- (I t=ì>-- ~=
I---- -
_ I---- f-- -
= tï§~ '=- § =--=- ~11~:=
T 1-
t::d
N. W. 2ND ST. N.E. 2ND.--f ST.
I (:)
I ~ in T -
w -r HI,
::J r---iiæ!lå- (:) U I ~I :==
zt--l~ ~ u !!5rl f--
I~ 3i w ¡ J $ f--
;i CITY
HAll. > 0;1 ~
w
l<j IJ I ~ ~
T. N,E.. 1S1 ' I i '--s1."-
W ~ ~ ì!
I ¡¡: ¿ 1 I f--~
~ ! II
OW I~
~ SCHOOL _! f-- ~
SQUARE !
--- 'I
~ I f--f--
'--- -
I fill s'=~. [ll]] IJII]] II I~
ATLANTIC AVENUE
PJCE SOUTH om rTT1ì []]]]] m I j ¡ f 1fT1l
V-R'NENT~' c~R~ ~ ti-LU _ ~ , :J I ,LLlJ _ r-
HOUSE -'7 - ~ t- _ Ji,f ;' i j I-- ¡--- f--
- VI_I'
o _ ~ == I / 1 f--- ,'----- f--
1- - - - ~c--- f--
- == <
a .-: Z_ . ~---¡ { '----f--
~ ~ - I If;? ==4 I I --- f--
N
-
CURRIE OFFICE
PLANNING OCPAAT\lEJoIT
CITY OF IJEI.RA Y 1KAQi, fl
- Dir;fTJJ. £il.SF: UAP 5)'S7Df --
_., ~-'J_AL L_f_'l__:-' -- _lbSØ' - - - - -- L - ---
j I I..R~
~. ' ) _, 4--
.: _____~ ______ I .. ; _ - - -
"" 7 _ ' '-- , - - I ,,'
'.,;:; I.'J -_ t -'~--== · ,. .
-B" , : - - ì~, - --. - -, "It - -~.-- -- --: ---~.-t-Z~~' G- '
_ ., $./ e 11\' ., ~s I A.O J, ^"'" i -F---;"-
, \, I < ,t: c' '-.C.~~~ :::;_ .,....J'__ __ . A-,A~ 1
¡ ~_,=~~- ~::;--'-if'-- ~. -- ~_=.-/~__7~..~__ ----:-:.--~ ~_~..-'I, ~C.7'I.-~'.'''' ......~. . ....~~~.,' '-,-'" ...- .. ,--- -'-
---- ,_.~ ' ~-, -- --~ ~~,¡-- -- -~~q-~~ .~ ' ¥!
-' ~'~ "'~[.:::::!::¿':~ ~q- ~l1;-~=~·-~-~-~-~r;.- ----=-~;.. -~'rE.~TçJ ~,,~, ~'';~¡?'---------. ' I
r-r-' iF'"r-¡--T-- --'!--FI --,.r~-~~:J-=-}- ~~. \
· J.ß : lL,~:",j ~-:__'-'h7~ - H<';o-'---==, ~:~-: \
"--..Er, :.--~-'- it- '-ô- -:,;-,:;:;
· ~-:- 't.......e. .', .' ,/ :l~ --, :
I I I { ir== :,. '
O '¡r I , ~- - - - - - - - - -- - - -"-- - - - ,c -"-', ~ I
I I ' ¡... , , ' '-- -'
f\ i ~ '. - I " - ~=.J--JJ'''--'' I
IV N I '1 ~L I ',~ ;; ~,....--....
~ ::c... :' " I " " ¡f~-- " .,' '., -j
· , ! ' ...:::- .....' ~'~~--==r--. "->=:....,-. ,-~-
! S ,.' ~;---'-... . "
........, . .' , - \ 4
o ---:-t;: L -- r - - - --<.-.. - - - -~- - -- -~~ .jg~- - __'J(_-_,~. ~, -.J'
10 ~ i' I : ¡ I ..... '- I," ;' - ~i'<;::'U:?~ "
· 1 " ~ "'- I '- \ - I
I ~. I I , I¿ QI , -,' "J -:
~ , ..L , I r A, -, ..... '- ~~ - ''-----'-,,-------1
'V "I] IL_LJ" I ~.,~. ,
' --=::! I. I I ' I ,.: ' ......... ' -. -,/ B ~s
í'>- ¡ '---"" - - -.. -<. I \ V·" -- ~~~~TI
' . ) -r I' \ ' I ,/ ,~~---::- -
.~ ~ . I I.. _;_ .j I '-- ~r \ ----- ~
:ì I '..-- ..... ' ............... ------ ,-..::. ~
,"' . , I 0' ' ./ " I - "
;) ~__ I' M=-c....____ I c .J - - Q-, , ì ~/" j L,.;;-J /-,
Ir"i. ;': L]' -:'L, f.... ' - ~ - J I , >- I ~ ç () ~ '( . (.;. , '
_~... ,t- t I ¡ -<..: 1./ I OQ1rn -)\. -
IS( \-¡L 'l I r - -, I --/ ,~g~~ !((:<, , ¡' c.:::
': . - ~1'''''' , ' .. -".~ I / 1 "';; ~:! " ~ VI
~ .. I, , '--.!i ;:i" , -I t>I-OB ;" ,
., ' I ..______ L1~ \'-
~ _, '..,~~. --, ~- _ _ í - .. I / ~, m m ~ ~, ~ - I r J, 1_
\ .,'6'~ ;/ I l: 0 /_-;~ _I..!-.~~
," I / I I ~ ' , .Jft~ '
L1 < ," J _..,.. -1.> I,...' I . /, ) \ - .' I r
~ '-./. --.1:....... -' ,-' 'j
, -' ' I. --~~ ¿;:. / . í, a
· I' , r--....." . ',/ ~
,c,"f"~>-< I />-: 7!. / /- I
I. . r I~¡¡:g---:-' . I . -) ~) fl1) --I
fC---- { .::;-:' : ' ,/ I
r: I ~',~ '. , -.-,.-------. \'" r =
\ - ?~. ~ , '
'--..., , ¡..r
;; .r- § () ~- ,~II) , ~" ~11
_ 0 ~m / þ. \
~ ,~ '1>; AM ~ ~ ~ ' I -' . ì ~
~ .--.. i 0.".. ~ '2.,.... !.! Lß r
t J z,u..:¡: .g I .J a
¡____ ' (.\ ~ ~ I.' .
· JT\ -< ~
1__ ..------.- ' n
r ,7\
. I
'--'
,--.
j- -:- l -=-. ~~.-- ,~ .~.:¿ ---"~ S
'I c.." :
~ ~ . 3. e-;;
~~-=-=----=-=~-~ - '
, ~,
- --~--~" ------- - ---- --------
-~ ---- '~ -
j '~
. "
i '<!' N
, ~ ¡'
;¡; -', "-
.~ j, :Þ,'
'I- "
~ ; ~
-------- j,:þ
L_____ - - " '
------ -
T'" .~__ ______________-....~.__~____- ~-:
! i -
I J i _~__ ~£ ~~ " ~
I; ( ,--<C
, ~ '
J i <
! :
f'
~ I' _ ~,.'
'7 ..- i ~T' - - - -- '- -
- t::. , I - 4. \/~"I ~);-
,
·
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER !)J4)
SUBJECT: AGENDA ITEM # ~'~ - MEETING OF DECEMBER 6. 1994
AUTHORIZE TWO-YEAR STUDY OF THE BEACH NOURISHMENT
PROJECT
DATE: DECEMBER 2, 1994
This is before the Commission to authorize proceeding with the
two-year performance monitoring study of the beach nourishment
project through the City's contract with Coastal Planning &
Engineering, Inc. Annual monitoring surveys of the project are
required by our permits from the Florida Department of Environ-
mental Protection.
Recommend authorization to proceed with the study at a cost not
to exceed $29,989, with funding from Beach Renourishment - Other
Contractual Service (Account No. 332-4164-572-34.90) .
~ on ~
,
·
D!(
ß7v')
CITY COMMISSION DOCUMENTATION
TO: David Harden, City Manager
THROUGH: D~~~~Of Planning and Zoning
FROM: John Walker, Project coordinato~ ttI~
SUBJECT: MEETING OF DECEMBER 6, 1994
AUTHORIZATION TO PROCEED - BEACH NOURISHMENT - TWO
YEAR PERFORMANCE MONITORING STUDY
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of approval
of an authorization to proceed with the two year
performance monitoring study of the Beach Nourishment
Project.
BACKGROUND:
Annual monitoring surveys of the Beach Nourishment Project are
required by our permits from the Florida Department of
Environmental Protection to assess the performance of the
project. The information gathered is also used to set
parameters of design and timing for future maintenance
nourishments. Work in this task includes beach, dune, and
offshore profiles; analysis of volume and shoreline changes;
analysis of sand grain size; and dune accretion evaluation.
This item is covered in our contract with Coastal Planning &
Engineering, Inc. Funds are available in the Beach Restoration
Fund. The entire cost will be reimbursed from Federal, State
and County appropriations.
RECOMMENDED ACTION:
By motion, authorize and direct the City Manager to authorize
Coastal Planning & Engineering, Inc. to proceed with the Two
Year Beach Performance Monitoring Study at a cost not to exceed
$29,989. as requested in their attached correspondence.
Attachment:
* Letter from CPE
T:\advanced\SURVEY2.DOC
'.
.
.
COASTAL & OCEAN ENGINEERING
COASTAL SURVEYS
COASTAL PLANNING & ENGINEERING, INC. BIOLOGICAL STUDIES
GEOTECHNICAL SERVICES
BOCA RATON: 2481 N,W. BOCA RATON BOULEVARD, BOCA RATON, FL 33431 (407) 391-8102 TELEFAX (407) 391-9116
JACKSONVILLE: 1542 KINGSLEY AVENUE, SUITE 142E, ORANGE PARK, FL 32073 (904) 264-5039 TELEFAX: (904) 264-5039
TOMS RIVER 250 WASHINGTON STREET, SUITE S, TOMS RIVER, NJ 08753 (908) 244-3366 TELEFAX: (908) 244-3664
November 7, 1994 JÆCClEllWIElID
Mr, John Walker
Project Coordinator
City of Delray Beach NOV 10 1Ç94
100 N,W, 1st Avenue PLANNING & ZONING
Delray Beach, FL 33444
~''!1''
Re: Proposal for 24 Month Monitoring Study - 1992 Renourishment
Dear John:
The second anniversary of the construction of the 1992 renourishment project is coming up in
December. The Department of Natural Resources pennit requires that topographic and
hydrographic surveys of the beach fill and borrow area be taken annually to monitor the
perfonnance of the renourishment project, The infonnation will also be useful in future design
considerations of the beach project and in keeping the City infonned as to the condition of the
beach,
The following proposed monitoring study will meet the DNR pennit requirements:
1. Beach, Dune and Offshore Profiles
Profiles from R-175 through R-192 will be surveyed in accordance with the pennit requirements,
These profiles will be surveyed from the dune to the 30 foot depth contour, Profiles will be
surveyed with CPE's sled to provide the best possible accuracy and repeatability with future
monitoring surveys,
The dune in the vicinity of the public beach will also be surveyed, Dune profiles will include
intennediate lines at 500-foot spacing along the public beach in the dune area. This will provide
a more accurate assessment of accretion rates.
2. Sand Grain Size Analysis
Surface sand samples will be collected at 4-foot contour intervals from + 12 feet to -20 feet
along four DNR profile lines. All samples will be subjected to sieve analysis, The mean grain
size will be computed and compared to post-construction data, The change in grain size will be
assessed,
3, Volumetric and Shoreline Analysis
The data obtained from the profile surveys will be reduced, plotted and compared to the 1992
post -construction survey. Volume changes will be computed, mean high water shoreline
recession or accretion will be computed and plotted,
'.. '
·
John Walker
November 7, 1994
Page 2
4, Dune Evaluation
The change in the volume of sand in the dune will be computed based on the profile
comparisons, The quantity of accretion will be determined for the two years after construction
of the 1992 renourishment. The change in the dune profile will also be evaluated,
5. Report
A report will be prepared summarizing the results of the study. We will provide copies of the
report to the City as well as the Department of Natural Resources to meet the permit
requirements. Additional copies will also be made available to the Corps of Engineers and the
Department of Environmental Regulation,
The total cost of this monitoring study is $29,989, A cost breakdown is attached,
The permit requires a survey of the borrow area to assess re-filling rates. We have requested
a waiver for this requirement as we believe that information obtained does not justify the extra
expense to the City, If FDEP does not grant a waiver it will be necessary to conduct this
survey. We will provide a separate proposal for this service at a later date if necessary,
Please approve this proposal at your earliest convenience. If there are any questions, please call
me,
Very truly yours,
COASTAL PLANNING & ENGINEERING, INC.
p~~
Kim E, Beachler, P,E.
Vice President
cc: Elizabeth McCarthy
Tom Campbell
Jeff Andrews
db03 :00294prp .290
COASTAL PLANNING & ENGINEERING, INC,
'. '
.
.
DEATAILED HOURLY COST BREAKDOWN
DELRAY BEACH RENOURISHMENT 2 YR. MONITORING BEACH PROFILES
COASTAL PLANNING & ENGINEERING, INC,
NOV,07,1994
1. TWO (2) YR. POST -CONSTRUCTION PROFILES
PERSONNEL (HOURS) EQUIPMENT (DAYS)
TOTAL COAST OC, LEVEL BRONCO
PE CIH ST ST STATION SLED PROG, BOAT &ROD ON BCH,
------------------------------------------------------------------------------------------------------------
A. BEACH PROFILES
1. ADMIN, & SUPERVISION 6 4
2, SURVEY RECON, 4 4
3. DUNE PROFILES 16 32 2
4. BEACH PROFILES 24 48 2 2
5, SLED PROFILES
A, MOB/DE MOB 4 4 10
B. FIELD 16 16 32 2 2 2 2 2
-----------------------------------------------------------------------------------------------------------.
TOTAL HOURS 6 24 64 126 2 2 2 2 4 4
RATE 38,51 24,95 14,54 11,41 120 100 250 400 50 100
MULTIPLIER 2,75 2,75 2.75 2.75 1 1 1 1 1 1
SUB-TOTALS 635,415 1646,7 2559,04 3953.565 240 200 SOO 800 200 400
SUB-TOTAL $11,135
2. SAND SAMPLE Ir. ANALYSIS ( 2 YR. POST -CONSTRUCTION )
NOTE: INCLUDES SAMPLES FROM PROFILE LINES R177, R180, R184 AND T187 (TOTAL SAMPLES 54)
PERSONNEL (HOURS) EQUIPMENT (DAYS)
COAST OC.
PE ST GEOL EC FATH, PROG, BOAT LAB
----------------------------------------------------------------------------------------
A. SAND ANALYSIS
1, COLLECT SAND SAMPLES 8 8 1 1 1
2, LAB ANALYSIS 4 54
3, COMPUTATIONS/ ANALYSIS 2 8 4 8
----------------------------------------------------------------------------------------
TOTAL HOURS 2 20 12 8 1 1 1 54
RATE 38,51 11.41 13,49 35 100 250 400 50
MULTIPLIER 2,75 2,75 2.75 1 1 1 1 1
SUB-TOTALS 211.805 627,55 445,17 280 100 250 400 2700
JOB TOTAL $5,015
.! .
3. DATA REDUCTION & ANALYSIS 12 YR. POST -CONSTRUCTION)
PERSONNEL (HOURS)
CE . PE E ET EC
----------------------------------------------------------------
A. PROFILE VOLUME & SHORELINE
1, SURVEY DATA REDUCTION 8 20 12
2, VOLUMES COMPS, & PLOTTING 4 8 16 8
3. DATA ANALYSIS 1 8 8
----------------------------------------------------------------
TOTAL HOURS 1 12 24 36 20
RATE 50,11 38,51 21.12 14,03 35
MULTIPLIER 2,75 2,75 2.75 2,75 1
SUB-TOTALS 137,8025 1270,83 1393.92 1388.97 700
SUB-TOTAL $4,892
... DATA EVALUATION & REPORT ( 2 YR. POST -CONSTRUCTION)
PERSONNEL (HOURS)
CE PE E ET D WP
------------------------------------------------------------------------
B. DUNE EVALUATION
1, SURVEY DATA REDUCTION 2 4 12
2, VOLUMES COMPS, & PLOTTING 2 4 8 4
3, DATA ANALYSIS 0 4 8 4
------------------------------------------------------------------------
TOTAL HOURS 0 4 12 12 20 4
RATE 50.11 38,51 21,12 14,03 15.45 35
MULTIPLIER 2,75 2,75 2,75 2.75 2,75 1
SUB- TOTALS 0 423,61 696.915 462,GG 849,75 140
SUB-TOTAL $2,573
PERSONNEL (HOURS)
CE PE E CIH D C WP
--------------------------------------------------------------------------------
C.REPORT
1. WRITING 2 16 24 115
2, DRAFTING 16
3, WORD PROCESSING 16 16
4, REPRODUCTION 4
--------------------------------------------------------------------------------
TOTAL HOURS 2 16 24 16 16 20 115
RATE 50.11 38,51 21.12 24.95 15,45 15.115 25
MULTIPLIER 2,75 2,75 2,75 2,75 2,75 2.75 1
SUB-TOTALS 275,1505 1694.44 1393.92 1 097.8 1579,8 833,8 400
SUB-TOTAL $6,375
JOB TOTAL $29,989
"T '
·
M E M 0 RAN D U M
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~1
SUBJECT: AGENDA ITEM i 'ðD - MEETING OF DECEMBER 6. 1994
AMENDMENT TO POLICE AND FIRE COMMUNICATIONS AGREEMENT
WITH TOWN OF GULF STREAM
DATE: DECEMBER 1, 1994
This is before the Commission to approve an amendment to the Police
and Fire Communications Agreement between the City of Delray Beach
and the Town of Gulfstream. The amendment involves an extension of
the termination date of the original agreement (June 15, 1994) for
a period of seven months, or through January 15, 1995.
A subsequent agreement is currently being negotiated. This
amendment extends the original agreement in order to allow time to
complete those negotiations. All other terms and conditions of the
original agreement will continue in full force and effect.
Recommend approval of the Amendment to the Police and Fire
Communications Agreement between the City and the Town of
Gulfstream to extend the termination date.
~ on ~~
ref:agmemo5
,
·
, 'í r ~_.'..
'-.
-
TOWN OF GULF STREAM
PALM BEACH COUNTY. FLORIDA
Telephone
COMMISSIONERS (407) 276-5116
Fax
WILLIAM F, KOCH, JR., Mayor (407) 737-0188
ALAN I, ARMOUR, Vice Mayor
JAMES E. CROSS Town ~~
KATHLEEN S, WALLACE RECEIVED E. SCOTT HARRINGTON
A, CURTIS TRUE, M, D, Town CIeri¡
RITA L TAYLOR
N9V 2 J 19M
CITY' Mil" "--"7 ()FFICf.
November 21, 1994
Mr. David T. Harden, City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Dear Mr. Harden:
Enclosed are two executed copies of the agreement to extend
the Police and Fire Communications Agreement, which expired
on June l5, 1994.
Please return one copy following execution by your mayor.
Thanks much.
Si?]:Y/'i . ~
Rita L. TaYlor¿?t
Town Clerk
Encls.
100 SEA ROAD. GULF STREAM, FLORIDA 33483
,
.
AMENDMENT TO POLICE AND FIRE
COMMUNICATIONS AGREEMENT
This Amendment to the Agreement dated July 31, 1991 is
hereby entered into this day of , 1994,
by and between the City of Delray Beach, Florida, (the City)
and the Town of Gulfstream (the Town).
WITNESSETH
WHEREAS, the City and the Town entered into an agreement
dated July 31, 1991 which expired June 15, 1994 (the Original
Agreement) ; and
WHEREAS, the City and the Town are currently negotiating a
subsequent agreement; and
WHEREAS, the City and the Town desire to revive and extend
the Original Agreement in order to allow time to complete
negotiation of a successor agreement.
NOW, THEREFORE, the City and the Town in consideration of
the mutual promises and benefits hereby agree as follows:
1. This amendment to the Original Agreement shall be
deemed effective for a period of Î months from the
termination date of the Original Agreement, June 15, 1994.
2. All terms and conditions contained within the
Original Agreement are hereby revived and shall continue in
full force and effect, except for the expiration term of June
IS, 1994 as contained in Section 2 of the Original Agreement.
.
·
IN WITNESS WHEREOF, the parties have caused this amendment
to the Original Agreement dated July 31, 1991, to be signed by
its duly authorized officers on this day of
, 1994.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
-
City Clerk Mayor
Approved as to form:
city Attorney
ATTEST: TOWN OF GULF STREAM
(ì" " ______--,~ Ük/¿ r¡::;/~
f, ~ /. I f11J l:h-. ~
Town Clerk r' Mayor
'.
·
POLICE AND FIRE COMMUNICATIONS AGREEMENT
This Agreement, entered into this 3/ day of
'"
~ ~ 1991, by and between the CITY OF DELRAY
'). ,
., BEACH, FLORIDA, a municipal corporation, hereinafter referred
'"
~ to as, "City" and the TOWN OF GULF STREAM, a Florida municipal
'"' corporation, hereinafter referred to as, "Town".
"
'\ WIT N E SSE T H :
'\
I4J WHEREAS, the Town desires to enter into an agreement
~ with the City of Delray Beach, Florida in order to obtain
~
~ Police and Fire Dispatching and Communications Services from
~ the City.
~ NOW, THEREFORE, the City and the Town in considera-
, tion of the mutual promises and benefits hereby agree as
&-.
~
, follows:
~ Section I. This agreement is to become effective as
~
o· of June 15, 1991.
'0 Section 2. This agreement shall expire, and termi-
"
~ nate on June 15, 1994.
~
" Section 3. The Town shall pay twenty thousand
\J
S dollars ($ 20,000.00) per year to the City for Police
Dispatching and Communications Services provided to the Town
\. from the City for the period of June 15, 1991 through June 15,
~
t 1994.
Section 4. The City shall provide dispatching and
~
communica~ion services to include the handling of:
'.
·
,
a. Radio dispatching of police emergency and 911
calls.
b. Radio dispatching of non-emergency calls.
-
c. Telephonically receive calls for fire protection
and emergency medical services, which will be
relayed to the Town of Ocean Ridge.
d. Delray Beach Communications Department will
dispatch a Gulf Stream officer to all fire and
medical calls. If a Gulf Stream officer is
unavailable due to another priority call, he
will be made aware of the fire or medical call
and its location.
e. Electronically recording and maintaining radio
transmissions for thirty (30) days.
f. Access to information from Palm Beach Sheriff's
Department's P.A.L.M.S. Computer System and the
State F.e.I.C. and Federal N.C.I.C. Computer
Systems via radio voice or telephone voice
transmission.
g. Recording and maintaining for two years a daily
dispatch log and Incident Report Cards to be
issued a numerical identifier and contain the
following information:
1. Type of call or incident
2. Date and time of call or incident
3. Location of incident
4. Complainant or caller's name
,
2
"
·
5. Name of the assigned or responding officer
Section 5. The Town shall be responsible for mainte-
nance of all radios or equipment purchased after the execution
"
of the original agreement, providing maintenance and repairs as
needed through a Motorola subcontractor.
Section 6. The City shall provide only communication
services and dispatching services except that the City may
unilaterally add any communications, dispatch, information or
record keeping services that enhances the City's ability to
provide that service to its own service area.
The Town shall conform to those procedures and policy
necessary to assure that the communications and records keeping
for the Town's service area is in harmony with the communi-
cations and records keeping of the City.
In the event that the City is capable of providing
enhancements or additions to law enforcement and communications
services which are not unilateral and the Town wishes to avail
themselves of such additions and enhancements the Town may upon
mutual agreement with the City amend Section 4 of this contract
which may necessitate a negotiated amendment by the City to
Section 3 of this contract.
Section 7. The City, its officials, agents, or
employees in providing dispatch and communication services,
shall not be deemed to assume any liability for acts,
omissions, or negligence of the Town, its employees, agents or
officials. The Town shall hold the City harmless and shall
defend them against any claims for damages resulting from acts,
-
3
,
.
omissions or negligence of the Town, its officials, agents, or
employees, subject 'to the provisions of Florida Statutes
Section 768.28. All liability for injury to personnel and for
~
loss of or damage of equipment incurred in connection with this
Agreement, or in the performance of services or functions
pursuant thereto, shall be borne by the City or the Town
employing such personnel or owning such equipment, and the Town
shall carry sufficient insurance to cover all such liabilities.
Section 8. The Town may terminate this agreement at
any time following sixty (60) days written notice to the City.
After the effective date of said notice, both parties will be
relieved of any further obligations under this agreement except
nothing herein shall be construed to impair the obligation of
any contract then in effect in which the Town and the City is a
party or to relieve the Town or the City of any liability for
its negligence or the negligence of their respective employees
occurring while this agreement is in effect. If the the Town
should terminate the agreement as herein provided and prior to
June 15, 1994, the twenty thousand dollar ($ 20,000.00) payment
referred to in Section 3 shall be refunded on a pro rata basis.
Section 9. The City may terminate this agreement at
any time following sixty (60) days written notice to the Town.
After the effective date of said notice, both parties will be
relieved of any further obligations under this agreement except
nothing herein shall be construed to impair the obligation of
;
any contract then in effect in which the the Town and the City
is a party or to relieve the Town or the City of any liability
.
4
,
/
for its negligence or the negligence of their respective
employees occurring while this agreement is in effect. If the
Cit.y should terminate this agreement as herein provided and
,
prior to June 15, 1994, the twenty thousand dollar ($20,000.00)
payment referred to in Section 3 shall be refunded on a pro
rata basis.
Section 10. The Town shall not assign this agree-
ment.
Section 11. All disputes arising from this agreement
shall be settled in a court of competent jurisdiction with
venue to be in Palm Beach County, Florida.
Section 12. All notices provided for in this agree-
ment shall be in writing and either hand delivered or sent by
certified or registered mail to the party to be notified at the
following respective addresses which may be changed by written
notice only:
CITY:
OFFICE OF THE CITY Manager
CITY OF DELRAY BEACH, FLORIDA
100 N.W. 1st Avenue
Delray Beach, FL 33444
TOWN :
Office of the Town Manager
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33444
Notice given by or to the Attorney by either party
,
shall be as effective as if given by or to said party.
~
5
"
Section 13. The City shall retain exclusive control
over all equipment and personnel used in providing the services
in accordance with this agreement, and further the City agrees
,
that it may, at its sole option, institute an aCL'1\inis tra ti ve
procedure for addressing any complaints or grievances which may
be raised by the Town over the providing of such services.
Section 14. The City shall have the right to limit,
direct or deny access, to individual representatives of the
Town, to Information and Communications capabilities provided
in Section 4, when such access has been abused, in violation of
Florida Statutes, in violation of the City, County, State or
National directives and procedures governing the acquiring and
use of sensitive information and equipment, or when such access
may jeopardize the City's law enforcement effort or the
representative is found to be a security risk.
IN WITNESS WHEREOF, the parties have caused these
presents to be signed by the duly authorized officers on this
~day of j)J¡ , 1991.
ATTEST:
f11Jiw¡'Æí.lIJI'j'D-~
City Cl rk
~o:~
.. ~~ity Attorney
.'
6
,
·
I
; ¿flY ~%:/
(~ ~ '~~'R - . . .~ ¿¿(
--
,
-
7
'.
.
/1/
. c- \
~ t'11.}
[IT' DF DELHA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Wr,S,t._r·. C,S,r_ct. L's'n_
DELRAY BEACH (407) 243-7090
F lOR I D A
b.e.I:II
AII·America City
" III! MEMORANDUM
Date: December 1, 1994
1993
To: City Commission
Assistant City Attorn~
From: David N. Tolces,
Subject: Hold Harmless Agreement - Sage Center
1445 N. Conqress Avenue, Delray Beach
The attached Hold Harmless Agreement is before you for
approval. The property owner is placing a trash dumpster
and enclosure fence within the City's 25' utility easement.
In this agreement, the property owner agrees to hold the
City harmless in the event the City needs to perform
maintenance within the easement. The City will not be
responsible for any costs to repair the dumpster pad or
fencing in the event maintenance is required.
Please call if you have any questions.
DNT : smk
Attachment
cc: David Harden, City Manager
Sharon Morgan, City Clerk's Office
Janet Meeks, Senior Planner
sage.dnt
~on ~
/<!Jj 6/9'1
@ Printed on Recycled Paper ~.£,
'.
HOLD HARMLESS AGREEMENT
This Hold Harmless Agreement, is entered into this 1!3
day of iJDV , 1994 by and between the CITY OF DELRA Y
BEACH, FLORID};, (hereinafter referred to as "City" ) and DAVID
E. MACKEY III, TRUSTEE, (hereinafter referred to as "Mackey" ) .
WIT N E SSE T H:
Whereas, Mackey owns property located 1445 North Congress
Avenue, Delray Beach, Florida, and has requested the City to
allow for the installation of a concrete dumpster pad, and a
wood fence dumpster enclosure, as well as the placement of a
trash dumpster within the existing utility easement at the rear
of the property described herein; and
WHEREAS, Mackey agrees to hold the City of Delray Beach
harmless for any damage which might be caused to the concrete
pad and enclosure as a result of maintenance within the
twenty-five foot (25' ) utility easement.
NOW, THEREFORE, for the mutual covenants and matters set
forth herein, as of the date set forth above, the parties
hereby agree as follows:
1. The recitations set forth above are incorporated
herein.
2. Mackey is the owner of property known as:
Lot 2, Delray Park of Commerce, Replat of Tract K,
According to the plat thereof, as recorded in Plat
Book 65, Page 72, of the Public Records of Palm Beach
County, Florida
'!
,
. .
3. That Mackey is developing the property to include an
structure in conformance with the City of Delray Beach Land
Development Regulations; however, the concrete pad for the
trash dumpster must be located within the City's existing
utility easement at the rear of the above-described property.
4. That the City maintains an existing twenty-five foot
(25' ) easement in which the City maintains an eight inch (8")
water main and an eight inch (8") sewer service line.
5. Mackey acknowledges that the City shall assume no
responsibility for the structures, improvements, materials, or
appurtenances which are being placed within the easement.
6 . In addition, in consideration for the payment of
$10.00, receipt of which is hereby acknowledged, Mackey agrees
to defend, indemnify, and hold harmless the City, its agents,
officers, employees and servants from any and all claims,
suits, causes of action or any claim whatsoever made, and
damages, which may result from maintenance of the existing
utilities within the twenty-five foot (25' ) easement. Mackey
further agrees to hold the City, its agents, officers,
employees and servants harmless for any damage to the dumpster
which will be placed within the twenty-five foot (25 I )
easement. It is understood that any cost for replacement of
the fencing or repairs to the dumpster slab shall be the
responsibility of Mackey, and the City of Delray Beach will not
be held liable for any damage as a part of the maintenance or
construction within the said easement.
2
'I
.
. . . -"'
--<.
IN WITNESS WHEREOF, the parties hereto have entered into
this agreement the day and year first written above.
CITY OF DELRAY BEACH, FLORIDA
By:
ATTEST: Thomas Lynch,
Mayor
City Clerk
Approved as to Form:
City Attorney ~
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me
this /? day, of ¡/c-J~ , 1994, by David E. Mackey,
Trustee. He is personally known to me/or has produced
~~ Yk.L as identification and did
(did not) take an oath.
Public -
of
sage.agt
3
.
.
. .
. .
,
. Agenda I tem No. I ~
,.
.
. AGENDA REQueST
Dates 11/29/94
Request to be placed on:'
X
Regular Agenda . Spec 1a 1 A<Jenda Workshop Agenda
When: 12/6/94
.
Uescription of agenda item (who, what, where, how much)s
Approval of A reement between Palm Beach Count and the Cit of Delra Beach
or use and Beenfit of the HOME Investment Partnership Program
ORDINANCE¡ RESOLUTION REQUIRED: 'lES@ Draft Attached: YES/NO
Recommendation: Approval
Department Head Signatures ~~ ~
(/ 4-
Determination of Consistency with COIDprebensive Plana .
City Attorney Review¡ Recommendation (if applicable). ,
.
.
Budget Director Review (required on all iteas involving expenditure
of funds): -
Fundinq available. ~ NO
Funding alternative (if ~PliCable)
Account No. & De9C~lPtltn: £2ff:/P 1/l{-147A--S54-.f{,"6-oJ ~f!.A I ÆfAIDS
Account Balance: ~ 7q
I f3a)í5T72AP fI&'-{Qí4-:-s54-. (pf.-rO '-'ANT) 1t'fCÁ-ISIT{DN
Ci ty Manager Review: 2>'7fOÒ cog:
1\pproved for agenda: § NO ¡iT ~~C""-- ,~-0--:<.,~J<~~ Cl.~\.
H~ld Untl1: ~ 6)~:,,~tt ~( Œ~~
Agenda Coordlnator Review: ,{ ''-''-r....7,\J)' ,~M '-r~~r}. ë7"è )1.
Received: , &1-'\
Action: Approved/Disapproved
'.
I
. . MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER tft'(
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT ~
RE: APPROVAL OF AGREEMENT BETWEEN PALM BEACH COUNTY AND THE
CITY OF DELRAY BEACH FOR USE AND BENEFIT OF THE HOME
INVESTMENT PARTNERSHIP PROGRAM
DATE: NOVEMBER 29, 1994
ITEM BEFORE THE COMMISSION:
Consideration of the approval of and authorization by the Mayor
to execute the required agreement between Palm Beach County and
the City of Delray Beach under the federally-funded HOME
Investment Partnership Program.
BACKGROUND:
The City Commission approved staff's initial request to enter
into an agreement with Palm Beach County as a Consortium to
receive HOME Investment Partnership Program funds from the U.S.
Department of HUD at the regular meeting of March 24, 1992.
Under the Consortium agreement, the County makes the allocation
awarded by HUD available to the City of Delray Beach on an annual
basis.
This agreement governs the City's share of HOME funds made
available from HUD's 1993 allocation to the County in the amount
of $114,320 for the period of December 20, 1994 through October
31, 1995. The City will provide match dollars in the amount of
$28,580 from funds under the State SHIP Program and the local
Bootstrap Program. All expenditures and commitments will be made
in accordance with Federal Regulations identified under 24 CFR 92
governing the HOME Program.
The City will acqu1re four (4 ) lots for first-time home buyers
and do substantial rehabilitation of four (4 ) elderly
owner-occupied substandard housing units under this allocation of
HOME funds.
RECOMMENDATION:
Staff 1S recommending the approval of and authorization by the
Mayor to execute the required Agreement between the City of
Delray Beach and Palm Beach County for use and benefit of its
HOME Investment Partnership Program. The agreement has been
reviewed and approved by the City Attorney.
LB:DQ
Attachments ~ on ~
DQ3 ~.ç.
Home2.LB
.
.
HOME AGREEMENT BETWEEN PALM BEACH COUNTY
AND
CITY OF DELRAY BEACH
THIS AGREEMENT, entered into this day
of , 1994, by and between Palm Beach County, a politi -
cal subdivision of the State of Florida, for the use and bene-
fit of its HOME Investment Partnership Program, and the City
of Delray Beach,a Municipality duly organized and existing by
ViI Ie of the laws of the State of Florida. having its princi-
ral office at 100 N. W. 1st Avenue, Delray Beach, Florida,
33444; and
WHEREAS. Palm Beach County and the City of Delray Beach
has entered into an agreement as the Palm Beach County Consor-
t ··1, to receive ROME Investment Partnership Program funds
from the United States Department of Rousing and Urban
['Qvelopment; and
WHEREAS, Palm Beach County Consortium has entered into
an agr'" "'ment with the United StAtes Department of Rousing and
'Urban Development For a grant for the execution and
implementation of a ROME Investment Partnership Program in
certain areas of Palm Beach County, pursuant to the Cranston-
Gonzalez National Affordable Rousing Act of 1990; and
WHEREAS. the Board of County Commissioners of Palm
Beach County, and the City of Delray Beach. desire to provide
the activities specified in Part II of this contract; and
WHEREAS, F-lm Beach County, as lead agency of the Palm
Beach County Consortium, desires to engage the City of Delray
Beach to implement such undertakings of the HOME Investment
Partnership Program within the City of Delray Beach;
NOW, THEREFORE, in consideration of the mutual promises
and covenants herein contained, it is agreed as follows:
~ART !.
DEFI!,I·~ION AND PURPOSE
1. D" fini tions
( 1 ) "County" meal1s.,.Palm Beach County.
.
" .
!
-
.
.
CITY OF DELRAY BEACH
(2 ) "HOME" mp'\ns the HOME Investment Partnership Program
of Palm Beach County Consortium.
(3 ) "HCD" means Palm Beach County Housing and Community
Development Department.
(4) "Municipality" means the City of Delray Beach,
(5 ) "HCD Approval" means the timely written approval of
the HCD Director or his designee after a request or
a report has been properly processed in accordance
with the HCD Policies '\nd Procedures Manual. HCD
shall take action on requests for approval submitted
by the City of Delray Beach within two (2 ) working
days.
(6) "U.S. HUD" means the Secretary of Housing and Urban
Development or a person authorized to act on its
behalf.
(7 ) "Low- and very low-income persons" means the defini-
tion set by U.S. HUD.
(8 ) "The Common Rule" means the U. S. HUD regulations
entitled "Common Rule for Uniform Administrative
Requirements for Grants and Cooperative Agreements
with State and Local Governments, under 24 CFR,
Part 85. .
(9) "Subcontracts" mean those contracts entered into by
the Municipality with third parties in order to
fulfi 11 the obligations hereunder, It shall not
include contracts entered into by such third parties
with any other party.
2. Purpose
The purpose of this Agreement is to state the cove-
nants and conditions under which the Municipality will
implement the Scope of Services set forth in Part II of
this Agreement. The beneficiaries of a project funded
under this Agreement must be low- and very low-income
persons.
~
. - 2 -
" ,
!
-
,
.
.
CITY OF DELRAY BEACH
PART II
SCOPE OF SERVICES
The Municipality shall, in a satisfactory and proper manner
as determined by HCD, perform the tasks necessary to conduct
the program outlined in the Work Program Narrative and PropoRed
Budget, Exhibit "Au, and submit invoices using the cover sheet
in Exhibit "B", both of which are attached hereto and made a
part hereof.
PART 11.1
, COMPENSATION , TIME OF PERFORMANCE, METHOD, AND C...QND I T IONS OF
PAYMENT
1- MAXIMUM COMPENSATION
The Municipality agrees to accept as full payment for
services rendered pursuant to this Agreement the actual
amount of budgeted, eligible, and HCD Director or desig-
nee approved expenditures and encumbrances made by the
Municipali ty under this Agreement. Said services shall
be performed in a manner satisfactory to HCD. In no
event shall the total compensation or reimbursement to be
paid hereunder exceed the maximum and total authorized
sum of $114,320 for the period of December 20, 1994,
through October 3J...L 1995. The municipality shall pro-
vide the required matching funds of no less than $28,580
from non-federal sources consistent with the provisions
of 24 C.F.R. 92.219, 92.20; 92.21; and 92.22. The munici-
pality will provide proof of expenditure or commitment of
match amounts to HCD in accordance with 24 C.F.R. 92 of
the HOME Regulations.
2. TIME OF PERFORMANCE
The effective date of this Agreement and all rights and
duties designated hereunder are contingent upon the timely
release of funds for this project under U.S. HUD HOME
Investment Partnership Grant No. M-93-DC-l2-0226.
The effective date shall be the date of execution of
this Agreement or :the date of release of funds by U.S.
I HUD, whichever is 1ater. The services of the Municipali-
I
. - 3 -
" .
-
.
CITY OF DELRAY BEACH
ty shall commence upon p.xecution of this Agreement or
receipt of an Order to Proceed from HCD, and shall be
undertaken and completed in light of the purposes of this
Agreement. In any event, all services required hereunder
shall be completed by the City of Delray Beach prior to
October 31, 1995.
3. METHOD ~f PAYMENT
The County agrees to make payments and to reimburse the
Municipality for all budgetpd costs permitted by Federal,
State, and County guidelines. In no event sha 11 the
County provide advance funding to the Municipality or any
subcontractors hereunder. Requests by the Municipali ty
for payments or reimbursements shall be accompanied by
proper documentation of expenditures and shall be submit-
,
ted to HCD for approval no later than thirty (30) days
after the date the indebtedness was incurred. Payment
shall be made by the Palm Beach County Finance Department
upon proper presentation of invoices and reports approved
by the Municipality and HCD.
For purposes of this section, originals of invoices,
receipts, or other evidence of indebtedness shall be
considered proper documentation. When original documents
cannot be presented, the Municipality must adequately
justify their absence, in writing, and furnish copies.
InvoicF!s shall not be honored if received by the Palm
Beach County Finance Department later than thirty (30)
days after the expiration date of this Agreement nor will
invoices be honored that predate the permanent date of
this Agreement. Payment may be expected within thirty
(30) days after filing a properly supported and approved
invoice (See Exhibit B).
4. CONDITIONS ON WHICH PAYMENT IS CONTINGENT
(1) IMPLEMENTATION OF PROJECT ACCORD IN-º--_'L~BE:Q!!_ I REj:)
PROCEDURES
The Municipality shall implement this Agreement
in accordance~ with apþ li cable Federal, State, and
" . - 4 -
.
-
"
'CITY OF DELRAY BEACH
County laws, ordinances, and codes and with the
procedures outlined in !-he HCD Policies and Proce-
dures Manual, and amendments and additions thereto
as may from time to time be made. The Federal,
State, and County laws, ordinances and codes are
minimal regulations supplemented by more restric-
tive guidelines set fori il in the HCD Policies and
Procedures Manual. No payments will be made until
an HCD approved cost allocation plan for multi-fund-
!
¡: ed projects approved by the HCD Director or his
" designee has been placed on file with HeD (if appli-
!
cable) .
If the Municipality has awarded a contract to an
independent contractor to perform project services
, !
Ii and if competitive bidding or competitive negotia-
tions are required under applicable law, the Munic-
ipali ty shall provide HCD with a certified copy of
the Bid Specifications and Bid Awards authorizing
the work to be done on the projects and a certified
copy of the contract let. All such contracts shall
be submitted to HCD for prior approval.
Upon receipt of certified copies of Bid Awards
! and Contracts, HCD will audit and forward said certi-
fied copies to the Palm Beach County Finance Depart-
ment together with comments related to the audi t.
If the Municipality has awarded a contract to an
independent contractor to perform project services,
the Municipality sha 11 describe the services for
which it is invoicing. If the Municipality uses its
own work force to perform project services, the
Municipali ty shall submit a certified copy of the
purchase orders authorizing the purchase of material
and a certified copy of the work orders ordering the
work for which it will be invoicing.
If the Municipality has awarded a contract to an
independent ct>ntractor to perform project services,
. , - 5 -
.
-
'.
· CITY OF DELRAY BEACH
the Municipali ty shall submit a certified copy of
the contractor's invoices identifying the contract
to which it applies stating the services rendered.
The Municipality's chief finance office sha 11 certi-
fy that the work that is bping invoiced for has been
completed. The Municipality's chief finance officer
will add hi s or her certificate to the invoice that
the Municipality has paid the invoice and indicate
check numbers with whirh the Municipality paid the
invoice or provide some other satisfactory audit
trail.
Should a project receive additional funding after
the commencement of t}d s Agreement, the Municipality
shall noti fy HCD in writing within thirty (30) days
submit an approved cost allocation plan within for-
ty-five (45) days of said official notification.
(2 ) FINANCIAL ACCOUNTABILITY
The County may have a financial systems analysis
and an internal fiscal control evaluation of the
Municipali ty by an independent auditing firm em-
ployed by the County or by the County Internal Audit
Department at any time the County deems necessary to
determine if the project is being managed in accor-
dance with Federal. State, and County requirements.
(3 ) ~UBCONTRACT~
Any work or services subcontracted hereunder shall
be specifically by written contract, written agree-
ment, or purchase order and shall be subject to each
provision of this Agreement. Proper documentation
in accordance with County, State, and Federal guide-
lines and re~llations must be submitted by the Munic-
ipality to HCD and approved by HCD prior to execution
of any subcontract hereunder, In addition, all
subcontracts shall be subject to Federal, State, and
County law!': and regulations, This includes ensuring
that all cons~ltant contracts and -~e schedules meet
, - 6 -
" .
!
.
CITY OF DELRAY BEACH
the minimum standards as established by the Palm
Beach County Engineering Department and u.s. HUD.
Contracts for architecture, engineering, survey, and
planning shall be negotiated fixed fee contracts.
All additional services shall have prior written
approval with support documentation detailing catego-
ries of persons performing work plus hourly rates
including benefits, number of drawings required, and
all items that justify the "Fixed Fee Contract."
Reimbursable will be at cost.
None of the work or services covered by this
Agreement, including but not limited to consultant
work or services, sha 11 be subcontracted or reim-
bursed without prior written approval of the HCD
.
Director or his designee.
(4 ) PURCHASING
Notwithstanding any provisions to the contrary
contained herein, all purchasing for services and
goods, including capital equipment, shall be made by
purchase order or by a written contract and in
conformity with the procedures prescribed by the
City of Delray Beach's standard purchasing proce-
dures utilized for all HUD-funded programs, as well
as the Federal Uniform Administrative Agreements for
Grant and Cooperative Agreements.
(5 ) REPORTS, AUD ITS , AND EVALUATIONS
Payment will be contingent on the receipt and
approval of reports required by this Agreement, the
satisfactory evaluation of the project by HCD and
the County and satisfactory audits by the Internal
Audit Departments of the County and Federal Govern-
ment if required. All reports (monthly, biweekly,
etc. ) will be due within the time prescribed by this
Agreement and the attachments hereto following the
execution of this Agreement.
.,.
, - 7 -
" ~
!
;1 -
'.
CITY OF DELRAY BEACH
(6) ADDITIONAL ltÇ[),~º-troTYLAND u:. s-' _IWD ~EQUIREMENT~
HCD shall have the right under this Agreement to
suspend or terminate payments until the Municipality
complies with any additional conditions that may be
imposed by HCD, the County or U.S. HUD at any time.
( 7) PRIOR WRITTEN APPROVALS-SUMMARY
The following includes but is not limi ted to
activities that require the prior written approval
of the HCD Director or his designee to be eligible
for reimbursement or payment:
(a.) All subcontracts and agreements 'pursuant to
this Agreement;
(b) All capital equipment expenditures of $1,000 or
more;
(c) All out-of-town travel; (travel shall be reim-
bursed in accordance with Florida Statutes,
Chapter 112.061);
( d) All change orders; and
(e) Requests to utilize uncommitted funds after the
expiration of this Agreement.
(8) PROGRAM-GENERATED INCOME
All income by the Municipality from activities fi-
nanced in whole or in part by HOME funds must be
reported to BCD. Such income would include but not
be limi ted to income from service fees, sale of
commodities, and rental or usage fees. In addition
to reporting said income, the Municipality shall
report to HCD the procedure developed to utilize
program income to offset project costs. If program
income is used to extend the avai labi li ty of servic-
es provided by the Municipali ty through this Agree-
ment, the prior written approval of the HCD Di rector
or his designee will be required. Accounting and
disbursement of program income shall be consistent
with the pr9cedures outlined in the Common
~
. . - 8 -
" ,
-
.,
CITY OF DELRAY BEACH
Rule, and other applicable regulations incorporated
herein by reference.
(9 ) SALARY RATES AND INCREASES
All rates of pay and pay increases paid out of
HOME funds, whether they be for the reason of merit
or cost of living, are subject to HCD's prior approv-
al. Pay rates and increases paid out of HOME funds
shall be consistent with Palm Beach County's
Personnel Department, and subject to prior estab-
lished guidelines.
PART IV
GENERAL CONDITIONS
1- OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The Municipali ty agrees that no person sha 11 on the
ground of race, color, mental or physical disability,
national origin, religion, or sex be excluded from the
benefits of, or be subjected to discrimination under any
activity carried out by the performance of this Agree-
ment. Upon receipt of evidence of such discrimination,
¡
the County shall have the right to terminate this Agree-
ment.
To the greatest feasible extent, lower-income residents
of the project areas shall be given opportunities for
training and employment; and to the greatest feasible
extent eligible business concerns located in or owned in
substantial part by persons residing in the project areas
shall be awarded contracts in connection with the project.
2. OPPORTUNITIES FOR SMALL, MINORITY AND/OR WOMEN-OWNED
BUSINESS ENTERPRISES
In the procurement of supplies, equipment, construc-
tion, or services to implement this Agreement, the Munici-
pali ty shall make a positive effort to utilize small,
minority and/or women-owned business enterprises as sourc-
es of supplies and services, and provide these sources the
maximum feasible opportunity to compete for contracts to
be performed pur~ant to this Agreement. To the maximum
. , - 9 -
" .
-
!
CITY OF DELRAY BEACH
extent feasible these sma 11 , minority and/or women-owned
business sources shall be located in or owned by resi-
dents of the areas designated by Palm Beach County in its
Comprehensive Housing Affordabi li ty Strategy (CHAS) ap-
proved by U. S , HUD. At a minimum, the Agency shall com-
ply with the Section 3 Clause of the Housing and
Community Development Act of 1968.
3. EVALUATION AND MONITORING
The Municipality agrees that HCD will carry out period-
ic monitoring and evaluation activities as determined
necessary by HCD or the County and that the continua-
tion of this Agreement is dependent upon satisfactory
evaluation conclusions. Such evaluations will be based
on the terms of this Agreement, comparisons of planned
versus actual progress relating to project schedu li ng,
budgets, audit reports and output measures. The Munici-
pali ty agrees to furnish upon request to HCD, the County
or the County's designees and make copies or transcrip-
tions of such records and information as is determined
necessary by HCD or the County.
The Municipality shall submit on a monthly and quarter-
ly basis, and at other times upon the request of HCD,
information and status reports required by HCD, the Coun-
ty and U. S. HUD, on forms approved by HCD. These re-
ports will include: detailed information on the status of
the project(s) of funds; and if applicable, the number of
clients served by census tract; the number of low- to
¡ moderate-income persons; racial breakdown; and the number
of female-headed households.
4. AUDITS AND INSPECTIONS
At any time during normal business hours and as often
as HCD, the County, U.S. HUD, or the Comptroller General
of the United States may deem necessary, there shall be
made available by the Municipality to HCD, the County,
U.S. HUD, or the c.omptroller General for examination of
all its records ~ith respect to all matters covered by
. , - 10 -
'. .
-
,
CITY OF DELRAY BEACH
this Agreement. The Municipality will permit HCD, the
County, U.S. HUD, or the Comptroller General to audit
and examine all contracts, invoices, materials, payroll ,
records of personnel, conditions of employment, and other
data relating to all matters covered by this Agreement.
The County reserves the right to require the Municipality
or any of its subcontractors to submit, at the request of
the County, to an audit by an auditor of the County's
choosing. The cost of said audit shall be borne by the
Municipality.
The County will be responsible for providing technical
assistance to the Municipal! ty, as deemed necessary by
either party. The Municipality agrees to comply with the
provisions of the Single Audit Act of 1984 as it pertains
,
to this Agreement, and shall be in accordance with OMB
Circular A-l28, the Common Rule, and other applicable
regulations. The County will require the Municipality to
submit an audit to HCD within one hundred and eighty
(180) days after the expiration of this Agreement, or at
a mutually agreed upon time that may coincide with the
Municipality's fiscal year audit, subject to HCD's approv-
al.
5. DATA AVAILABILITY
All reports, plans, surveys, information, documents,
maps, and other data procedures developed, prepared,
assembled, or completed by the Municipality for the pur-
pose of this Agreement sha 11 be made available to the
County by the Municipal! ty at any time upon request of
the County. Upon completion of all ....ork contemplated
under this Agreement, copies of all documents and records
I,
relating to this Agreement sha 11 be surrendered to HCD,
if requested, In any event, the Municipality shall keep
all documents and records for three (3 ) years after expi-
~ '
ration of this Agreement.
~
¡
"
, - 11 -
" ,
-
.
CITY OF DELRAY BEACH
6. INDEMNIFICATION & INSURANCE
The Municipali ty shall , to the extent permitted by
law, indemnify and save the County harmless from any and
all claims, losses, damages, and causes of actions which
may arise out of the performance of this Agreement by the
Municipali ty, including costs and expenses for or on
account of any or all suits actual or threatened. The
Municipality, to the extent permitted by law, shall pay
all claims and losses of any nature whatsoever in connec-
tion therewith including costs and attorney's fees, and
shall defend all suits, relating to its performance of
this Agreement, and shall pay all costs and judgments
which may result. In particular, the Municipali ty, to
the extent permitted by law, will hold the County harm-
less and will indemnify the County for funds which the
County is obligated to refund the Federal Government
arising out of the conduct of activities and administra-
tion of the Municipality. Additionally, the Municipali-
ty, to the extent permitted by law, shall also indemnify
I
¡ and save the County harmless from all violations by the
Municipali ty of Federal, State, County and Municipal
regulations, codes and statutes. The Municipality, to
the extent permitted by law, shall also be held responsi-
ble for all claims and losses as a result of said actions
by the Municipality and will hold the County harmless and
will indemnify the County for funds which the County may
be obligated to refund to the Federal Government by rea-
son thereof, to the extent permitted by law.
At all times during the term of this agreement, the
, Municipality shall maintain in force Comprehensive General
I Liability Insurance, including coverage for personal
:
I injury, bodily injury, property damage, and contractual
liability, or verify self-insurance by letter, to support
the Indemnification clause contained herein. Such insur-
ance shall be in an amount of not less than $200,000 each
occurrence, and co~rages shall be evidenced by a Certifi-
f . - 12 -
" .
-
'.
·
,CITY OF DELRAY BEACH
cate of Insurance and shall provide for thirty (30) days
notice of cancellation, non-renewal or any adverse
change in coverage. Palm Beach County shall be included
in the coverage as an additional insured as its interests
may appear. Notwithstanding the foregoing, the City
waives its sovereign immunity only to the extent provided
by Section 768,28, Florida Statutes, as may be amended
from time-to-time.
The County shall, to the extent permitted by law,
indemnify and save the Municipality harmless from any and
all claims, losses, damages, and causes of actions which
may arise out of the performance of this Agreement by the
County, including costs and expenses for or on account of
any or all suits actual or threatened. The County, to
the extent permitted by law, shall pay all claims and
losses of any nature whatsoever in connection therewith
including costs and attorney's fees, and shall defend all
, I
sui ts, relating to its performance of this Agreement,
and shall pay all costs and judgments which may result.
In particular, the County, to the extent permitted by
law, will hold the Municipality harmless and will indemni-
fy the Municipality for funds which the Municipali ty is
obligated to refund the Federal Government arising out of
the conduct of activities and administration of the Coun-
ty. Additionally, the County, to the extent permitted by
law, shall also indemnify and save the Municipality harm-
less from all violations by the County of Federal, State,
County and Municipal regulations, codes and statutes,
The County, to the extent permitted by law, shall also be
held responsible for all claims and losses as a result of
said actions by the County and will hold the Municipality
harmless and will indemnify the Municipality for funds
which the Municipality may be obligated to refund to the
Federal Government by reason thereof, to the extent per-
mitted by law.
~
, - 13 -
" ,
-
.,
CITY OF DELRAY BEACH
At all times during the term of this agreement, the
County shall maintain in force Comprehensive General
Liability Insurance, including coverage for personal
injury, bodil y injury, property damage, and contractual
liability, or verify self-insurance by letter, to support
the Indemnification clause contained herein. Such insur-
ance shall be in an amount of not less than $200,000 each
occurrence, and coverages shall be evidenced by a Certifi
cate of Insurance and shall provide for thirty (30) days
notice of cancellation, non-renewal or any adverse
change in coverage. The Municipali ty shall· be included
in the coverage as an addi tional insured as its interests
may appear. Notwithstanding the foregoing, the County
waives its sovereign immunity only to the extent provided
,
by Section 768.28, Florida Statutes, as may be amended
from time-to-time.
7. MAINTENANCE OF EFFORT
The intent and purpose of this Agreement is to increase
the availabi li ty of the Municipality's services. This
Agreement is not to substitute for or replace existing or
I[ planned projects or activities of the Municipality. The
I:
Municipality agrees to maintain a level of activities and
expenditures, planned or existing, for projects similar
to those being assisted under this Agreement which is not
less than that level existing prior to this Agreement,
8. CONFLICT OF INTEREST
The Municipality agrees to abide by and be govern~d Ì"'I
Florida Statute S1l2 (Conflict of Interest) as amenci..rj
which is incorporated herein by reference, :-~.~
Municipality further covenants that no person who presen>
i
!! ly exercises any functions or responsibilities in conn.-
tion with the HOME Project, has any personal financl":
interest, direct or indirect, in the target areas ')r ;>¡~,'I
parcels therein, which would conflict in any manner ~r j.
gree with the performance of this Agreement and th;>¡'
person having any~conflict bf interest shall be emp~ '/-j
. ; - 14 -
"
-
: CITY OF DELRAY BEACH
by or subcontracted by the Municipali ty. Any possible
conflict of interest on the part of the Municipality or
its employees shall be disclosed in writing to RCD provid-
ed, however, that this paragraph shall be interpreted in
such a manner so as not to unreasonably impede the statu-
tory requirement that maximum opportunity be provided for
employment of and participation of lower-income residents
I of the project target area.
i
9. CITIZEN PARTICIPATION
The Municipality shall cooperate with HCD in informing
the appropriate Citizen Participation Structures, includ-
ing the appropriate Area Committees, of the activities 'Of
the Municipali ty in carrying out the provisions of this
Agreement. Representatives of the Municipali ty shall
.
¡ attend meetings of the appropriate Committees and Citi-
zen Participation Structures upon the request of the
Citizen Participation Officers, HCD, or the County.
:: 10. PROJECT PUBLICITY
When issuing statements, press releases, requests for
proposals, bid solicitations and other documents describ-
ing projects or programs, the Municipality shall clearly
state 1 ) the percentage of the total cost of the project
which will be financed with federal money, and 2 ) the
dollar amount of federal funds for the project. HCD
funding will be similarly recognized as outlined in this
section.
11- CONTRACT DOCUMENTS
The following documents are herein incorporated by
reference and made a part hereof, and shall constitute
and be referred to as the contract; and all of said docu-
ments taken as a whole constitute the contract between
the parties hereto and are as fully a part of the con-
tract as if they were set forth verbatim and at length
herein:
(1 ) This Agreement. including Exhibits A and B
~
, 15
" . - -
-
"
CITY OF DELRAY BEACH
(2) Proposed Budget(s) - included in Exhibit A, Work
Program Narrative
(3 ) Office of Management and Budget Circulars A-8? and
A-128.
(4) Florida Statutes, Chapter 112
(5 ) Executive Orders 11026, 11246, 11625, the Davis
Bacon Act, and the Section 3 clause of the Housing
and Community Development Act of 1968.
(6) National Environmental Policy Act of 1969.
(7 ) Palm Beach County Purchasing Procedures Manual
(8 ) Federal HOME Investment Partnership Grant Regula-
tions (24 CFR Part 92), as amended.
(9) The Common Rule for Uniform Administrative Require-
ments for Grants and Cooperative Agreements with
state and Local Governments, under 24 CFR, Part 85.
(10) The Municipality's certificates of Insurance or let-
ters verifying self-insurance. All of these docu-
ments are filed and will be maintained at the busi-
ness office of HCD. One copy of the contract
documents will be furnished to the Municipality
without charge by HCD, with the exception of item
two (2) above, which has been transmitted to HCD by
the Municipality.
12. TERMINATION
In event of termination for any of the following rea-
sons, all finished or unfinished documents, data studies,
surveys, drawings, maps, models, photographs, reports
prepared, and capital equipment secured by the Municipali-
ty with HOME funds under this Agreement shall be returned
to HCD or the County.
In the event of termination, the Municipality shall
not be relieved of liability to the County for damages
sustained by the County by virtue of any breach of the
contract by the Municipality, and the County may withhold
any payment to the Municipali ty for set off purposes
~
. . 16 -
" , -
-
.
CITÝ OF DELRAY BEACH
until such time as the exact amount of damages due to the
County from the Municipality is determined.
A. Termination/S~~ension of. _ __p-ª~J! ~ ~C-ºn_~~ëlç_L__ .fº-r-
Cause:
If through any cause either party shall fail to
fulfill in timely and proper manner its obligations
under this Agreement, and if either party shall
violate any of the covenants, agreements, or stipula-
tions of this Agreement, the other party shall there-
upon have the right to terminate this Agreement or
suspend payments/performance in whole, or part by
giving written notice of such termination or suspen-
sion of payments and specify the effective date of
termination or suspension. If payments are with-
.
held, HCD sha 11 specify in wri ting the actions that
must be taken , by the Municipality as a condi-
tion precedent to resumption of payments and shall
specify a reasonable date for compliance. Suffi -
cient cause for suspension of payments shall in-
clude, but not be limi ted to:
( 1) Ineffective or improper use of HOME funds;
(2) Failure to comply with the work program or
terms of this Agreement;
(3 ) Failure to submit reports as required; and
(4) Submittal of materially incorrect or incomplete
reports.
B. Termination for Convenience of County:
The County may terminate this Agreement without
cause at any time by giving at least ten (10) work-
ing days notice in writing from the County to the
¡ Municipali ty. If this Agreement is terminated by
I
I
I the County as provided herein, the Municipality will
be paid for allowable services performed and allow-
able expenses incurred, under Part II of this Agree-
I ment until the,effective date of this termination.
I ~
, 17 -
" , -
-
,
.
CITY OF DELRAY BEACH
In the event the grant to the Palm Beach County
Consortium, under the HOME Investment Partnership
Act of the Cranston-Gonzalez National Affordable
Housing Act of 1990 is suspended or terminated, this
Agreement shall be suspended or terminated effective
on the date the U.S. HUD specifies.
C. Termination for Convenience of the Municipality:
At any time during the term of this Agreement, the
Municipality may, at its option and for any reason,
terminate this Agreement upon ten (10) working days
written notice to the HCD. Upon termination, the
Municipali ty shall be paid for allowable services
rendered pursuant to this Agreement through and
including the date of termination subject to the
conditions of Paragraph "B" above.
13. SPECIAL HOME PROGRAM CONDITIONS
A. Use of HOME Funds:
The HOME funds governed by this Agreement shall
be used to perform the tasks li sted in Attachment
"An attached to this Agreement, and for no other
purpose. Attachment "A" shall also include a sched-
ule for completing the tasks and the budget for
completing the task. All HOME funds governed by
this Agreement shall be used in a manner that 1 s
consistent with the provisions of 24 C.F,R. 92 205
and 92.301.
B. Affordability:
With respect to each property assisted with r<' ~":
funds, the Municipality sha 11 require compil ~:~ ..
with the requirements of 24 C.F.R. 92.252 or Q2 .: c, ,\
in appropriate provisions in contracts, grants, ~..,., 1
restrictions, leases, management contracts or Q'~":
documents. The Municipality shall require ~C''''r: :
"
ance with the resale guidelines establi shed r>' . ....
Palm Beach County Consortium in its HOME F r .... ¡: ~...,
Description an~ any amendments thereof.
, - 18 -
" ,
-
.
CIrt OF DELRAY BEACH
The Municipality agrees to repay all HOME funds
governed by this Agreement if the project fails to
comply or ceases to comply with the affordability
requirements as set forth herein. The affordability
requirements shall remain in effect for the term
required by 24 C.F.R. 92.252 or 92.254. If the
Municipali ty lends or grants HOME funds to anyone,
the loan agreement, note and any mortgage must re-
quire that the affordabi li ty requirements be met
throughout the affordabi li ty period, and shall be
binding upon the heirs, successors, assigns and
transferees of the Municipality, as requi red by 24
C.F.R. 92.252 ( for rental housing) or 92.254 (for
homeownership projects).
14. SEVERABILITY OF PROVISIONS
If any provision of this Agreement is held invalid, the
remainder of this Agreement shall not be affected thereby
if such remainder would then continue to conform to the
terms and requirements of applicable law.
IS. AMENDMENTS
The County may, at its discretion, amend this Agreement
to conform with changes in Federal, State, or u.s. HUD
guidelines, directives, and objectives. Such amendments
shall be incorporated by written amendment as a part of
this Agreement and sha 11 be subject to approval of
¡ the Palm Beach County Board of County Commissioners.
..,
, - 19 -
'. .
!
-
<.
CITY OF DELRAY BEACH
Except as otherwise provided herein, no amendment to
this Agreement shall be binding on either party unless in
writing, approved by the Board of County Commissioners
and signed by both parties.
16. NOTICE
All notice required to be given under this Agreement
shall be sufficient when delivered to RCD at its office
at 3323 Belvedere Road, Building 501, West Palm Beach,
Florida, 33406, and to the Municipality when delivered to
its office at the address Ii sted on Page One of this
Agreement.
:17. INDEPENDENT AGENT
Except as duly noted in Part III, Paragraph 9, the
Municipality agrees that, in all matters relating to this
Agreement, it will be acting as an independent agent
and that its employees are not Palm Beach County employ-
ees and are not subject to the County provisions of the
law applicable to County employees relative to employ-
ment, hours of work, rates of compensation, leave, unem-
ployment compensation and employee benefits.
18. NO FORFEITURE
The rights of the County under this Agreement shall
be cumulative and failure on the part of the County to
exercise promptly ,any rights given hereunder shall not
operate to forfeit ~r waive ahy of the said rights.
, - 20 -
" ,
-
,
.
CITY OF DELRAY BEACH
19. COUNTERPARTS OF TH~ AGREEMEN~
This Agreement, consisting of twenty-five (25) enumer-
ated pages which include the exhibits referenced herein,
shall be executed in five (5 ) counterparts, each of which
shall be deemed to be an original, and such counterparts
will constitute one and the same instrument.
WITNESS our Hands and Seals on this ____ day of 1994.
CITY OF DELRAY BEACH
BY,
Tom Lynch, Mayor
City of Delray Beach
BY:
Allison MacGregor-Harty
City Clerk
City of Delray Beach
"~ OS " 1'9 '
BY: t~
Su an Ruby, Attorney
Delray Beach
(Signature Optional)
(CITY SEAL)
Approved as to Form and PALM BEACH COUNTY, BY ITS
Legal Sufficiency: BOARD OF COUNTY COMMISSIONERS
BY: BY:
Tammy K. Fields Ken Foster, Chair
Assistant County Attorney Board of County Commissioners
Palm Beach County
(COUNTY SEAL)
ATTEST:
Dorothy H. Wilken, Clerk
BY:
Deputy Clerk
Ref: AGRDB1.PBCjCAH
~
, - 21
" . -
'!
,CITY OF DELRAY BEACH
EXHIBIT A
WORK PROGRAM NARRATIVE
CITY OF DELRAY BEACH
I. The Municipality agrees:
To provide the following administrative and operational
services during the period beginning December 20, 1994
through October 31, 1995.
A. LOT ACQUISITION FOR FIRST-TIME BOMEBUYERS
1) Identify not less than four (4) vacant lots and
negotiate land sales contracts or options for the
purchase of these lots in the period covered by
this Agreement. Purchase price should not exceed
$10,000 per lot, and can include any project costs
eligible under 24 C.F.R, 92.206.
2) Conduct environmental review of the selected sites
in accordance with the provisions of the National
Environmental Protection Act (NEPA) .
.
3) Obtain appraisals and review appraisals, if re-
quired, of the selected sites.
4) Execute a Land Sale Agreement conditioned by the
appraisal, review appraisal, environmental, infra-
structure and cost benefit analysis. The actual
final acquisition price may not exceed the "just
compensation" determined by the factors above.
I 5) Recruit low/moderate-income applicants through
" extensive marketing of the program and
implementation of a pre-qualification process as
described below.
6) Interview applicants for eligibility determination
in accordance with Section 8 HUD guidelines and
certify income eligibility.
7) Forward information on qualified applicants to
lender prior to lot selection.
8) Arrange for permanent financing for each homebuyer.
9) Evaluate and select applications from general con-
tractors for building design, site development and
construction of single-family houses for qualified
homebuyers. Ensure that each unit constructed
satisfies, at a minimum, the Section 8 Housing
Quality Standards (HQS) .
10) Ensure that the value of the lot is conveyed to the
benefit of the homebuyer, and obtain from the buy-
,¡ er, and record in the publi c records of Palm Beach
I County, a second mortgage and promissory note or
I other document to be provided by the County. The
resale restrictions and affordabi li ty periods per
24 C.F.R. 92.254, and contained therein, must be
, clearly explained to the homebuyer.
I
11) Ensure that all mortgages, contracts and other
documents ,under this agreement include HOME Progra~
~
,
,
, 22
" . - -
-
!
CITÝ OF DELRAY BEACH
conditions outlined in Part IV, Section 13 of this
agreement.
12) Implement all or some of the preceding activities
through City Staff, for-profit or non-profit agen-
cies.
B. REHABILITATION OF OWNER-OCCUPIED HOUS_l~ UNITS
1) Identify not less than four (4) owner-occupied
substandard housing units.
2 ) Determine eligibility of household in accordance
with federal and local regulations.
3) Serve as Agent for the owner in carrying out re-
pairs and improvements to the property.
4) Inspect and prepare work write-ups and specifica-
tions for property improvements.
5) Coordinate construction and do inspections.
6) Ensure improvements meet or exceed Section 8 HQS as
required by 24 C.F.R. 92.
7) Ensure that all mortgages, contracts and other
. documents under this agreement include HOME Program
conditions.
8) Obtain from the homeowner, and record in the public
records of Palm Beach County, a second mortgage and
promissory note or Declaration of Restrictive Cove-
nants.
C. WORK SCHEDULE
The time frame for completion of the outlined activities
shall be October 31, 1995.
D, REPORTS
The Municipality will submit detailed monthly progress
reports to the Housing and Community Development Depart-
ment, outlining the status of specific activities under
each project. Each report must account for the total
activity for which municipality is reimbursed in part or
in whole, from HOME funds, and which is required in
fulfillment of their obligations regarding the
projects. The progress reports should be mainly in the
form of a narrative. The progress reports shall be used
as an adqitional basis for invoice reimbursement.
II. The County agrees:
A. To provide funding, as specified above, for the follow-
ing activities:
Lot Acquisition: $36,000
Owner-occupied Rehabilitation: $78,320
B. To Provide technical assistance on an on-going basis to
ensure compliance with the U. S. HUD Program guidelines
and applicable State, Federal and County regulations,
C. To monitor the Municipality during the administration of
the Agreement to ensure planned activities are conducted
in a timely manner and in accordance with U. S. HUD
regulations.
~
. - 23 --
" .
I
-
'!
.
CITY OF DELRAY BEACH
D. To authorize funding by this Agreement, as follows:
1 ) Lot Acquisition
a. Provide the agreed just compensation funds for
the lot at closing and, to the extent avail-
able, certain incidental closing costs as fol-
lows:
In connection with the conveyance of title
from seller to the municipality, no payments
shall be made. The seller is expected to
pay for documentary stamps on deed, deed
recording fees, title search and owner's
title policy, and any other expenses custom-
arily paid by sellers, Payments shall be
" made for costs customarily paid by buyers.
b. Payment or reimbursements will be made by the
County's Finance Department upon presentation
of original invoices, along with copies of
sales agreements, environmental review check-
lists, checks, closing statements and apprais-
als. Requests for payment or reimbursement
will be approved by the HCD Director.
c. The maximum amount that the County may pay in
connection with any lot closing sha 11 be
$10,000, which maximum shall include, to the
. extent funds are available, all costs associat-
ed wi th any such lot closing that have by then
been paid, plus those to be paid at closing for
the appraisal, review apprai sa 1. the cost of
the acquisition of the lot, specified inciden-
tal closing costs, real estate taxes.
d. The total budget for lot acquisition shall not
exceed $36,000.
2. Rehabilitation of Owner-occupied Housinq
a. Provide funds for reasonable costs in connec-
tion with the rehabi li tation of owner-occupied
housing units.
b. Payments or reimbursements will be made by the
County's Finance Department upon presentation
of original invoices, along with copies of work
write-ups, draw requests, inspection reports,
contractor's agreement, commission resolution
and checks, Requests for payment or reimburse-
; ment will be approved by the HCD Director.
c. The maximum that the County may pay in connec-
tion with each rehabilitation of an existing
structure shall be $20,000, which maximum
sha 11 include to the extent funds are avail-
able, all costs associated with the rehabilita-
tion of any such structure.
" shall
ii' d. The total budget for rehabilitation not
exceed $78,320.
,
i
!
" Ref: AGRDBl.PBC/CAH
~
, - 24 -
" .
I
-
,
.
CITY OF DELRAY BEACH
EXHIBIT ~
LETTERHEAD STATIONARY
TO: Remar M. Harvin, Director
Housing and Community Development
3323 Belvedere Road, Building 501
West Palm Beach, Florida 33406
FROM: Name of Subgrantee:
Address:
Telephone:
RE: INVOICE REIMBURSEMENT
---------------------------------------------------------------------------
---------------------------------------------------------------------------
Attached, you will find Invoice I , requesting
reimbursement in the amount of $ The expenditures
! for this invoice covers the period through
You will also find attached, back-up original
documentation relating to the expenditures being invoiced.
Approved for Payment
,
,
Ref: AGRDB1.PBC/CAH
,
i
~
. , - 25 -
" .
-
'!
·
£ITY DF DELARY HEREM
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 wr1.t_r·. D1.r_c::t 1:..1.n._
DELRA Y BEACH (407) 243-7090
F lOR lOA
~
AII.America City
" III! MEMORANDUM
Date: December 5, 1994
1993
To: City Commission
From: David N. Tolces, Assistant City Attorne~
Subject: Utility Relocation Agreement - Wiltel
The attached agreement is between the City and Wiltel, Inc.
Wiltel has some communication facilities within the CSX
easement at S.W. 10th street. As part of the S. W. 10th
Street expansion, Wiltel needs to exceed their conduit to
protect their fiber optic cable which is located within the
CSX easement.
As part of our agreements with CSX, the City agreed to pay
repair/relocation costs for utilities located within their
right-of-way. This agreement requires the City to pay
$5.507.00 for work to protect Wiltel's facilities. Wiltel
will have its own crews perform the work, and the City will
reimburse Wiltel.
Please call if you have any questions.
DNT : smk
Attachment
cc: David Harden, City Manager
Sharon Morgan, City Clerk's Office
Kevin Becotte, Chief Design Engineer
wiltel,dnt
~ or) ~
@ Printed on Recycled Paper
" '
. .
UTILITY RELOC^TION hGREEr1Etrr PROJEC1' NO. 94973
REIMDURSADLE-GOVERNMENThL ENTITY
1'11.18 M;[mmtENT, made and entered in t 11 í s day of ,
.199 , by i:'Ind t>etween WILTET. JNC. (hereinafter c~lle<.1 "WILTEr,;,-y
-
1'!od (h8r.¡::inat"tet:' called "GOVERNrtENT" ) .
WHERF-ì\S, GOVERNt'-íENT is constructing, reconst.ructing, crossing,
or. othen¡ise changing a por.t.ion of t.he CSX TRANSPORTATION eas~ment
nt,' right.-of-way a t '1 P 988 . 5 & SW 1 Oth ST~EET ~ DELRA., Y BCH.,_ FL. ,
-------
\\'11 ich t'e<1\Ii.red I:he protectjan of \-1 I L l' E L façi]jt:ies ùlong, over
;:¡ncl/or l111c!r.> " said easement 01:' riç¡ht-of-v;ay( hl?reinaft-ct: cal1C'd th~
"I>IOR f~" ; é'Hld
W t II~ H ¡~ 1\ S , "COST OF ~'1O R I'~ " shall include the entire ~UIn, pi)id or
c.JtlI8.ttiise j.ncurred, by vl! L TEL aneJ at.tributable t.o the NOR 1\ , Ip,s~. the
value of any betterment. and any salvage value of materials recovered.
NOW THEREFORE, in considenltion of the mutual under tal·dng
herein set forth, the parties hereto agree 29 fo110"7s:
1- In LTEL he re by agree~ to relocate Gnd/ot' protl"':'ct thF'
necessary part$ of its facilities . accordance v:ith the provisions
1n
set forth :i, Ii the a.tta.ched drawings; or descriptions identified as
l\'I'TACHt>-IEN!r A. ì1ILTETJ furthf~t" Flgt'ee~ t!) do the I'IORK 1','; th it~ (Jh'rJ
forces, or by contractor(s) paid under cont.ract(s) let by In LTEL,
all undlZ'r the supervision and approval of \'11 r.,T EL.
2 . I;] J LT EL further i'lgrees to fully CO p1 ¡.:;' Y Hith t.he provisions
('If TITLE Vl of t.he CIVIL RIGHTS ¡ìCT of. )964 in connection with the
\':ORI\ , i"ITld such compliance ...d 1 1 be gCJverned by the met.hod checl,ed and
cJRscribed hereùfter:
X ( a ) \HLTEL will p('r.fot'm Qll or part f)f s 1.1 C h \'10 R I~ ~)y a
CONTRACTOR paid under <3 contract let by HILTEL.
- ( 1) ) W I L T F T.. w i 11 perform all of such NORK entirely with
.. WILTEL's forces.
- (c) WILTEL ',dll perform all such \-:0 R K ,,>nU rety by continuing
contract, which contract to çer.form all future I-ìORK
was execut.ed with HILTEt.'s CONTRACTOR.
3. The GOV ERW,'ErJT hereby agrees to l'f:>Ï mbur 5e NILTI;T.. for ål1
reasonable COSTS OF WORK in each such relocatiun/protection of said
facilities.
4. l\tt-öched hereto and by reference m'1de a part hereof is an
~~.stimate of the COST OF WORK in the amount of $ 5507.00 .
,"
.
,
g,G.
'.
.J..... ~ '.' _ ...... .. .....- ...... ~. A. .___ ~
, . UTILITY RELOCATION AGREEMENT
FAGE 2 OF 3
5 . A sum equaJ. to all labor, services, materials and E'q1J i,p-
ment furnished by WIL1'BL in carrying out the HORK shall be bi 11 ed
by WILTEL directly to the GOVERNHENT. Seperate records as to the
cost of contract bid items and force account items performed for
HILTEL in connection with the WORK shall also be !urnished by
WILTEL to the GOVERNMENT.
6. The COST of WORI< shall be determined according to the
method checked and described hereafter:
( a ) Actual and related costs set in accordance ìd th all
-
accounting procedures prescribed by the applicable
Federal and State regulatory body.
X (b) Act.ual, and related costs accumulated in accordance with
an established accounting procedure developed by WILTEL.
(c) An agreed lump sum of $ , as supported by a
-
detaiied analysis of estimated cost attached hereto.
(Note: This method is not applicable where the estimated
cost ot the proposed NOR!, exceeds $25,000. )
7. Upon completion of the \'lQRK, HILTEL shall, at the earliest I
date practicable, and in no event later than one hundred eignty
(180) days fOllowing the date of complet.ion of the WORK by WILTEL,
furnish the GOVERNMENT one copy of its finat and complete billing
of all costs incurred in connection with the NORK performed hereunder
$uchstatement to follow as closely as possible the order of the
items containeç] in the estimate. The totals for labor, overhead,
t.rave,l.expense, transportation, equipment, ma!;erials and supplies,
handling costs, and other services shall be shown in such a manner :
ùS will permit ready compari!;on with the approved plans and estimates.
t-1aterials shall be itemized where the}' represent major components of
costs in the relocation following the pattern set out in the approved
estimate as closely as possible.
8 . TO the extent permitted by law and in accordance with the
limits set fort.h at Section768.28 Florida Statutes, GOVERNHENT w111
indemnifY, defend, and hold \H LTEL ha rmless from any and all claims
arisi.ng from or relating to the GOVERNMENT'S negligent acts relating
to this agreement.
t
9. WILTEr.., will i nd~mni, f y , defend, and hold GOVERNNENT
harmless from í:!.ny ~nd all c 1. ,Ii inS arising h~rC'under resHlting from
\HLTEL IS negligence or willful misconduct.
10. The adjustment of the HILTEL facility as planned 'l'iÏ 11
require the operation of the old HILTEL facility until the new
facility is functioning. HILTEL'S communication cable must remain
in service 24 hours per day every ðay to insure that service to its
customers is not inten:upted.
.-{
,
,
. UTILITY RELOCATION AGREEMENI
PAGE 3 of J
II. This proposed new facility'instal1ed in WILTEL'S syst~m
wi1.1 hot remain in useful service beyond the time when the overa.11
facility of which it is a part is replaced. the est ima t,ed usefUl
life of a cable facility is in excess of 50 years, 'While the
exslsting faci¡ity has been in service less that. ~ years.
12. It is agreed that t.he cost of all improvements made
during this WORk shall be borne by HILTEL, subject only to
GOVERNMENT bearing such portion of the cost as represents the
cost:. of protecting the previousl}' existing facility, less salvage
credit, if any.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be duly e~ecuted by the authorized officers the day
a.nd year first above ",ritten.
.
CITY OF DELRAY BEACH, FL. .
(GOVERNMENT)
By: ATTEST:
(signature)
Alison MacGrego~ Harty
(print name) City Clerk
Approved as to form:
(title) '~~
David N. Tolces
.. Assistant City Attorney
W1L'1'£L INC.
DY:
(print:. name)
(title)
.
_-c
.
-
, ,
.
- - .--- + , -'- ... -.--; "'- +-.",- -- .... -....... - ~ ... -
- -
,
WilTd WIL1EL
W, ( Clan'! A\'~nlJf'
We:st Palm Bei:\ch, Florida :3:3-101
10';' 8:1;1 ,1011
Fax 407 G::¡~ 7G~)S
COST ES'fIMATE
WILTEL COMPANY LABOR $1357.00
WILTEL COMPANY EXPENSES $ 200.00
MATERIAL PURCHASES $1600.00
CO~STRUCTION CONTRACTOR $1500.00
CSX FLAGGING CHARGES $ 350.00
10% CONTINGENCY $ 500.00
fOTAL COST ESTIMATE $5507.00
---------------------------------------------------------------
WILTEL PROJECT NO. 94973
WILTEL AFE NO.
WILTEL PRE-AFE NO. L1 A 18
CITY OF DELRAY BEACH FLORIDA
PROJECT NAME: S.W. 10th STREET
ROAD WIDENING-PHASE II
PROJECT NO. 94-84
PROJECT CONTACT: KEVIN BECOTTE
.. 407-243-7337
SCOPE OF WORK
WILTEL WILL EXTEND THE EXISTING BORE CASING BY 40' ON BOTH THE
NORTH AND SOUTH SIDE OF THE EXISTING EDGE OF PAVEMENT TO
ACCOMODATE FOR THE PROPOSED ROAD WIDENING PROJECT. WILTEL'S
WORK WILL BE DONE PRIOR TO ROAD CONSTRUCTION TO ELIMINATE
CONFLICT.
.-è
0"" or I. he' WiIlmms Cc<mp3.nl~". ["" )I~
.,
~ cf(
fJv(
£IT' DF DELIA' IEA[H
DELRAY BEACH
f l 0 " íJ ...
tr.e:d 100 N,W, 1st AVENUE, DELRAY BEACH, FLORIDA 33444 . 407/243-7000
fliiP MEMORANDUM
1993
TO: David T. Harden, City Manager
FROM: Robert A. Barcinski. Assistant City Manager fj!JfÞ
SUBJECT: AGENDA ITEM # ,CITY COMMISSION MEETING 12/6/94
APPROVAL INCENTIVE PAYMENT. BJCE.INC. (DUBIN)
DATE: November 28, 1994
ACTION
City Commission is requested to approve an incentive payment of $5,000 to BJCE, Inc.,
(Dubin) per terms of the contract with BJCE, Inc" dated December 4, 1992, Funding is
available in the Municipal Golf Course administrative fund "Other Contractual Services"
account number 445-4711-572-34.90.
BACKGROUND
Per the terms of the above subject contract, Mr. Dubin is due an incentive payment by
12/15/94 based on meeting the FY '93-'94 budget goals and course profit. A listing of
budget goals, objectives and performance measures is attached, Those checked were
met, In addition to objectives stated, Mr. Dubin also participated in the development of
bid specifications for the golf course clubhouse. Based on the contract, an incentive
payment of approximately $10,500 would be due if all objectives were met. I have met
with Mr. Dubin and negotiated a payment of $5,000, based on objectives met.
RECOMMENDATION
Approve incentive payment of $5,000 to BJCE, Inc,
RAB:kwg
Attachment ~ r5r) ~
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS 1/1-1
"
.. - ~q4
ADMINISTRA TIVE SERVICES
/Jvi0
Program: Municipal Golf Course
The City owns and operates, through the services of a golf course management firm, an 18-hole public golf
course, a full service restaurant and a pro shop on 108 acres, The golf course is supported by user fee
charges and the sale of merchandise and food, The course also provides Instruction to youth through the
City's after school program and other special programs
Objectives:/
· Generate a profit of $150,000,
· Prepare an annual maintenance plan by November 15, 1993, p'
· Increase summer youthyrogram participation by 5%/
· Submit monthly finanéral and maintenance reports by the 5th day of the following month,
· Increase restaurant revenues by a minimum of 1 O%~
· Complete range improvement projected by December 30, 199~~
Staffing Levels:
,91-92 92-93 93-94
Performance Measures:
1993 1994
Units Actual Projected
Golf Rounds :;:: 90.000
Net surplus $100.000
Conduct annual service questionnaire ~ Jan 94
Host fourth annual City championship ...",.- Dec 93
I ncrease restaurant utilization by 1 0% ~ 100%
Complete green regrassing project ,,/ Oct 93
Complete range improvement project µQ Dec 93
'~-fµ /1daP,f~cµ - .f~¿?ð/W ¿;....., du,~ d2ß--(.~<.-I~'7L<,;;fet ¿¿/) ~a~
Revenues Generated:
Daily green fees $476000
Cart fees 5700 000
Range income 564,000
Sale of merchandise 5105.000
Prepaid green fees 5394,575
Restaurant -food $354,000
Restaurant - alcohol $146,000
Interest on investments 56,000
Miscellaneous revenue 522,000
245
,
-
-----, di? ~;;.e. '"
IIW I "''''0 "" '" ON 000"" "'t
.... II E-1 8 I "'t 0:; It''I ~ 0"1 0 trI 0 0 0 0'1 I.f"'I
II to( 0 I
1108' LnC'-N """"OLn'ot C'-CON If'\ co olf'\ 00001 co
II t ['- 0'1 CI"I IX) 0'\ 0 a'I [-... lD en O"! 0'1 lD 0 1.0 0 0 0 0'1 to
II 0 c... I ...t ~ ...t ~ '" '"
II 8 0 I
II I
II ~ ~ I
11,.:(' I
II ~ .( I
II I
II t.1 I
II .( .( ,
I ~ ~
I \1 H "'f \ 0 0 0 lr1 0'1 (".I \.0 ~ 0 0 0 0"'" 0 -.t N 0 0 N LD
I 1Ir(O't I OCl"lcn NMC\lIDN 000 a N ON N"'fC'-lf"I [">..
I "~ I I OLDLD rX:I.....ON""t 0('1')0 (I}"; o~ O[">..O'1N (T')
J II (11 ...... .. ... ... ... ... ...
--t II O't I 0 I.rI It'I LrI at LO T"Í 1f 1.0 Q'1 N ,.; C"") 0 ('I") 1.0 ~ (I':J 1.O 0'1
mil I ONN O"t('l')O~r.o Ol"">,l co D t1'")t:'- OLO(f)N 0'1
0111 ~l Ln['-('. ~MC"oI.nC") ,-1 '-" CT') ---N N(,.¡ ('>.I
,...¡ II HI...... ---
II I'( I rI C"oI rI M
I " 8 0 I
I II Ö ::J \
1 " 8 II) I
I I. I
~ ~
II ~ ~ J (0 If'I MOlD (".l CO Lf'I LC N 0 LD O'ì 0 0'1 (\ ...,. 0 IT.) C"-
II 0 0"1 I ('I") CT'I (I") ['-. 1.0 ("\ Ln r--- ""t N I.f"'I N -q 0 ""f N ~ t'- "'f 0'1
II CTt! ['. "'t (\l CO t'-- 0 lD lîI 0 0 ('I") ill m 0 CT'I 0 ['- en N .,.-1
II (IJ M I ...... ... ... ... ... ... ... ...
II < I Lf"I ~ 0 co CO I.D Cf') I.D 0 ro 0 C"- co 0 co I.D ('I') ("') LO If'I
~ II ,. I r-- C'- lr1 Ct") M 0 LO co 1""4 0 N C'- 0 ["I) C'- 0 1.0 éO N 0
01 ">-101 "'lOa "'trlNC'-N rl ~ N ~ri NN N
I ( r( CT'::I t ... Po '"-' "'-'
rl "~ I ~N rl ~
VJ II ~ I
~ II W I
Q 0 11.( [¡] I
~ (T') 'I I
:r:t:Bi:r: - ~--- -
° W
~ W 8 B ---;::r--~ '~ -~-~
~~~ IIW.(' 000 ooo:š' ocio a a 00 00000
~""'[/)E 11881 000 0000 00000 00 00000
::;J .. II ~ Ò I
><~Rwf': Jl081 000 00000 000 a 0 00 00000
v Ð .I...4)1 I 0 a a 0 0 0 0 0 0 0 0 0 0 C) 0 0 0 0 a
, oVJ IIO¡"'" riri"; ri~rlriri riMM ri ri Mri riM M ~
W ~ S; 0 :: 8 0 : \
CJ8HW JlHJ<t'
Q 11,.;( I
G_ wZ "~''';I
o I-i >- W II I
< H II) rJJ I
~~"'8[¡] II";";'
t~ H ~ :I:
HO , ~ ~ -~ _,
C) H ~ I II I LD IJì ,~ (T') (T') ('\I ro C'') Y1 CT1 OJ ('0 wi 0 l1ì N CT1 0 C'- 'D
...., ,., 0 I 1 ("") 1 JI 0 0 ~ rI ~ O'll 0 0 rl OJ (1) 10 0 1.0 ~ G'I Ifl 0
t:; ÇJ.. :r::1 I I 0"1 I 001 ro ,.~ cr1 co co m rl ~ (Tj Oì Ü1"""'" 0 ,·i O::J (1") L..r1 to
iJ)J \ It 0 \ I.... ....
0W(I"')JIWN1 0'100 ~C1"INlDC'''1 Ml1ìC"- L/î Î'- or-- NLO (I") (T')
U :> C1'1 J I 8 0'1 I Ln 0 1.0 a lD M ro ['- N M!f'I C''') r'~ ,...¡ '""f (I') aJ
HO'1!I~O'l Cr")L"-Q ""10NlD(I') ri d l"'J '-"r~ N(\ ---- rl
(J ..-I I I ,-=" rl .... ---- ----
'3 I It ~ t ~ N 'r"I 'r"I I
8 I II ,q; 0... I ,
, ¡:: l: jl j'
IIC4(1") LOlIî""""¡ (Y"J(I"')NCO(l') ,-1010 Cù lJî OtJî ('. tjlöc--- Cù
II 0 (T I m a 0 -.ct rl ~ en a C) ,-1 r:o (f') lCJ 0 l1) -..;t 0'1 lIî 0
II Cf'\ I l"'\,l ro ,...~ (T') ro co O'i rl "'<t (1') en en 'ri 0 ...-t ro (t') lIî 1.0
II (IJ oM I... ... ... ...
liP:( 1 moo -q-O'INlD(I) ,-1lf"1C'- I.fl ('.. 0lr- C\!1O (I') (T")
11 1 lJ"iOIO OID""'¡roC'- C'..., ,...; L..r1 (T')(-./ ri~ ('r"'J ð'I
I' ~ 0 1 (I") C'- D "o.t 0 ('\ to l'r") rl <¡-~ l'"\l .......... r. N (\oj -~ ,-.t
:: ~~ (I') : M C"~ ,...¡ ri ~- .....-, 1-·
II ~,
II ) [¡j I
II ..; ó~ 1
II I
------------~_. ~ -----.------- ----- ------- -~~---- -. -- ---._-~-- -- -
~
[¡] ~
(I] W ''" tJ
W ~ VJ 8 W
ó~ >or -. II¡ U
[¡] Z (I] fj t1 ¡ù..;
W W W '" '" H Q ~
'2 ~ VJ (IJ Þ<: ~-< ~ [¡] >-1 ~
, ~W '" Cd kI Or-. 2O::;J";W
~ WM w ~ ~ kI ~::;J OH 8~
':> Z P. 0VJ [¡] 0 ~ H
~ 0 W ~ [¡] W Z ~ i:r: Z [¡] ~ i:r: ~ ~
~ zp.. ¡,,¡ W ~'JH(;j W HG~ W ;:¡..;
H~ W ~ 08p, µ.., i:r: (I) tIJ 0>-1
l~ 8Cù l~EI '7 o..;>~ (I) (I]W- .,. EI ..;
[¡] (,~Z (,~~ z6 fjWW;Z¡D::W -~ t:L:t..,f/J fjz~µ.., i:r:ft:.
W WH W~0 1-10 ~~[¡]HW~W W[¡]~ p..o~~ o~
2 W 8 [¡] W ~ 8 Z ~ ~'7 ~ ~ i:r: µ.., ~' 0 K H p.. 0 µ.., ~
;z¡ ¡...,,« f¡~H ~H i:r: wó~0008 VJ H W8 0 W
W D:: ~08;Z¡P:; p,::;J';Z¡µ'" ~ ~ ~>-1 Wi:r:
WW ~ . OWe,:¡ 0 ~";O;Z¡~~j0 8 :r:H~t H
~~VJp.. ~~~Hp..Z ;Z¡i:r:WWO cQZ W VJO~O ~O
~ !3 0 W ~ ~ ~ 0 ~ ~ ~ Z W W ~ 8 ~ ~ 6 t] tj E ;::¡ ~
0610>-1 06101-1>-1;( ;(t;jt;j;':¡>-1f¡~.<:: 0HlJ '~z H
Z ~ 0"; ;z¡ ~ U ~ ~ D:: W W H ~ ~ 0 D:: Z 8 Z Z W H i:r: ..; VJ
H~ 8 H.(i:r:W8W Wi:r:P:;W8?:Otù H;(H OAi:r:W >8
~8¡""O 88WP:;0~ ~WWOO~~p.. 8D:: Z ~t.., .(U
[/)>-1(-< iiC~~:r.1~80 0E-<ê:!VJ8i:r:HO ;(W8 "VJ W
W8 D::W8W I Z¿¡H D::p..W VJ"':!:1r.t
p:; WD::OO ZHH~ WO;Z¡ 0 VJ~ tlJO
p.. p.. 0 ~ A tùi:ì! ";i:r:
____ _~___ 0 ________~____ _____(;I_____~~~__lJ~
.
f . .
(a) Payroll costs for Dubin's employees who are working
full time at the Delray Beach Municipal Golf Course,
such payroll costs are subject to the City Manager's
prior approval, and only such approved costs shall be
reimbursed;
(b) Liability insurance as required by paragraph 13 of
this Agreement;
(c) Travel expenses; \
(d) Mileage at $.26 per mile;
(e) Production costs;
( f) Telephone, mail, facsimile and miscellaneous out-of-
pocket expenses.
All expenses will be itemized and submitted '1ith receipts and
shall be billed at cost on a monthly basis.
7 . INCENTIVE PAYMENT: In addition to the base
payment, Dubin shall be eligible to receive a yearly incentive
payment. This payment shall be based on net operating profit,
provided conditions: and yearly budgetary goals are met as
mutually agreed to prior to the beginning of the fiscal year.
Net operating profit shall be determined from the
golf course income statement, i. e. operating revenues less
operating expenses, transfers and depreciation. Extraordinary
expenditures or transfers not budgeted for shall be exempt from
the net profit calculation. The incentive payment shall be
made prior to December 15th of each year. The incentive
payment schedule shall be as follows:
3% of amount between $0 - $49,999
5% of amount between $50,000 - $99,999
7.5% of amount between $100,000-$149,999
10% of amount between $150,000 - 199,999
12.5% of amount over $200,000
8. LICENSED OR REGISTERED PERSONNEL: All services
to be rendered by Dubin under this Agreement, which are
required by law to be performed by or under the direction of a
duly licensed or registered professional shall be rendered in
compliance with such requirements.
-3-
'.
·
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER l7Jv]
SUBJECT: AGENDA ITEM # 1S~ - MEETING OF DECEMBER 6. 1994
RATIFICATION OF SCRWTD BOARD ACTION
DATE: DECEMBER 2, 1994
This is before the Commission to ratify action of the South
Central Regional Wastewater Treatment and Disposal Board action
to expend $5,000 from the sinking fund for replacement parts and
motor for the centrifuge pump.
The Board approved and ratified the disbursement at its meeting
of November 3, 1994.
Recommend ratification of the SCRWTD board action to expend
$5,000 for parts for the centrifuge pump.
~an ~
,
. , -
RA TIFICA TION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF NOVEMBER 03, 1994
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on November 03, 1994, by a vote of 8-0, approve to expend $5000 from sinking fund
for replacement parts and motor for centrifuge pump.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this _ day of , _, by a _ vote.
.
CITY OF DELRA Y BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
'!
·
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER [~
SUBJECT: AGENDA ITEM # ~~ - MEETING OF DECEMBER 6, 1994
RATIFICATION OF SCRWTD BOARD ACTION
DATE: DECEMBER 2, 1994
This is before the Commission to ratify action of the South
Central Regional Wastewater Treatment and Disposal Board action
to expend $10,500 from the sinking fund for replacement parts
(shaft impeller sleeve and rings) for return pump "Bit plant.
The Board approved and ratified the disbursement at its meeting
of November 3, 1994.
Recommend ratification of the SCRWTD board action to expend
$10,500 for parts for the return pump "B" plant.
~ (5Y] ~
'.
.
- " ,""
RA TIFICA TION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF NOVEMBER 03, 1994
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on November 03, 1994, by a vote of 8-0, approve to expend $10,500 from the
sinking fund for replacement parts (shaft impeller sleeve & rings) for return pump "8"
plant.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently,
The above action is hereby rarified in open session by the City of Boynton Beach this
_ day of , _, by. a _ vote.
CITY OF DELRA Y BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
.
rK
zv¡) 1
[ITY DF DELRAY BEA[H
CITY AnORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Wr.1.t.er'. D.1.:rec::t. L.1.ne
DELRAY BEACH (407) 243-7090
f lOR IDA
bed
All,America City
" III! MEMORANDUM
Date: November 29, 1994
1993
To: City Commission
From: David N. TOlces, Assistant City Attorne~
Subject: Thomas v. City - Hirinq Outside Counsel
This case concerns the alleged use of excessive force by
members of the Delray Beach Police Department. The
Plaintiff has sued several members of the Police Department
as well as the City. Due to a possible conflict between the
City and the officers, our office has spoken with Mr. Kent
Pratt, of Gaunt, Pratt & Radford regarding representation of
the officers. Mr. Pratt's fee is $100.00 per hour plus
costs. Trial in this matter is scheduled for February 21,
1995.
At this time, we would request that City Commission approve
the hiring of Kent Pratt as outside counsel for the officers
in the above-referenced matter.
DNT: smk
cc: David Harden, City Manager
Chief Richard Overman
Sharon Morgan, City Clerk's Office
thomas-l.dnt
~Cín ~
/~/6/9'1
® Printed on Recycled Paper ~.1- .
" ,
.
~ ,\
["7' ~
:./':'j:c:
£IT' DF DELAR' IEREH
CITY AnORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Wr.i.~_r·. D.i.r_Cl~ L.i.n_
DELRAY BEACH (407) 243-7090
F l 0 . I D A
adItd
Wmerica City
l' III! MEMORANDUM
Date: November 29, 1994
1993
To: City Commission
From: David N. Tolces, Assistant City Attorne¡jt
Subject: Acquisition of Property for S.W. 4th Avenue Water
Retention Area
The attached resolution will authorize the City to acquire
the described parcel from Ms. Tommie Frazier and Otis
Thomas. The property would be purchased at the appraised
value less unpaid liens and taxes. This parcel will be used
as a water retention area for drainage improvement along
S. W. 4th Avenue.
Please call if you have any questions.
DNT: smk
Attachment . ,
cc: 4IJdt__ _1 IlllL I_JC.i,ty Maa&Cjer
Dan Beatty, Assistant City Engineer
Sharon Morgan, City Clerk's Office
frazierl.dnt
~ (5n ~
/~6/9lf
® Printed on Recycted Paper ~.m,
.
RESOLUTION NO. 94-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY
INCORPORATING AND ACCEPTING THE CONTRACT STATING THE
TERMS AND CONDITIONS FOR THE SALE AND PURCHASE
BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH,
FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to
acquire certain vacant property located on S.W. 4th Avenue to provide
for a water retention area as part of the Southwest 4th Avenue and
Southwest 1st Street drainage improvements; and
WHEREAS, the Seller hereinafter named desires to sell the
property hereinafter described to the City of Delray Beach, Florida;
and
WHEREAS, it is in the best interest of the City of Delray
Beach, Florida, to purchase said property for the purpose described
above.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Florida, as Buyer ,.' hereby agrees to purchase from Otis Thomas
and Tommie Frazier, as Seller, land to provide for water retention
project, for the purchase price of Eleven Thousand and 00/100 Dollars
($11,000.00), and other good and valuable consideration; said parcel
being more particularly described as follows:
Lot 9, Block 30, TOWN OF DELRAY, according to the
Plat thereof on file in the office of the Clerk of
the Circuit Court in and for Palm Beach County,
Florida, recorded in Plat Book 1 at Page 3.
Section 2. That the costs of closing and transactions,
title insurance, document preparation and attorney's fees shall be
borne by the City of Delray Beach, Florida.
Section 3. Tha t the terms and conditions contained in the
Contract for Sale and Purchase and addenda thereto between the City of
Delray Beach, Florida, and the Seller as hereinabove named are
incorporated herein.
'.
PASSED AND ADOPTED in regular session on this the 6th day of
December, 1994.
ATTEST: ~=~
OJ¡ MY, illJ.l', 1& {~JlQ¡J'¡¡
City Cl rk
þ .
- 2 - Res. No. 94-94
I
,
CONTRACT FOR SALE AND PURCHASE
TOMMIE FRAZIER and OTIS THOMAS, ("Sellers"), of
Lake Worth, Florida, and CITY OF DELRAY BEACH, a Florida
municipal corporation, ("Buyer"), hereby agree that the Sellers
shall buy the following real property ("Real Property" ) upon
the following terms and conditions:
I. DESCRIPTI{)N:
Lot 9, Block 30, TOWN OF DELRAY, according to the plat
thereof on file in the Office of the Clerk of the Circuit
Court in and for Palm Beach County, Florida, recorded in
Plat Book 1 Page 3.
II. PURCHASE PRICE . . . . . . . . . . . . . . . .$11,000.00
III. TIME FOR ACCEPTANCE; EF.FECTIVE DATE: If this offer is not
executed by and delivered to all parties OR FACT OF EXECUTION
communicated in writing between the parties on or before
December 31, 1994, the deposit(s) will, at Buyer IS option, be
returned to Buyer and the offer withdrawn. The da te of this
Contract ( "Effecti ve Date") will be the date when the last one
of the Buyer and the Seller has signed this offer.
IV. TITLE EVIDENCE: At least 7 days before closing date,
Buyer shall obtain a title insurance commitment.
V. CLOSING DATE: This transaction shall be closed and the
deed and other closing papers delivered on or before January
16, 1995, unless extended by other provisions of Contract.
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take
title subject to: zoning, restrictions, prohibitions and other
requirements imposed by governmental authority; restrictions
and matters appearing on the plat or otherwise common to the
subdivision; public utility easements of record (easements are
to be located contiguous to Real Property lines and not more
than 10 feet in width as to the rear or front lines and 7 !
feet in width as to the side lines, unless otherwise specified
herein) ; taxes for year of closing and subsequent years;
assumed mortgages and purchase money mortgages, if any;
provided, that there exists at closing no violation of the
foregoing and none 0 f them prevents the use of Real Property
for residential purpose.
VII. OCCUPANCY: Seller warrants that there are no parties in
occupancy other than Seller; but if Property is intended to be
rented or occupied beyond closing, the fact and terms thereof
shall be stated herein, and the tenant(s) or occupants dis-
closed pursuant to Standard D. Seller agrees to deliver
'.
.
j
occupancy of Property at time of closing unless otherwise
stated herein. If occupancy is to be delivered before closing,
Buyer assumes all risk of loss to Property from date of
occupancy, shall be responsible and liable for maintenance from
that date, and shall be deemed to have accepted Property in
their existing condition as of time of taking occupancy unless
otherwise stated herein or in a separate writing.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or
handwritten provisions shall control all printed provisions of
Contract in conflict with them.
IX. ASSIGNABILITY: Buyer may not assign Contract.
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. Evidence of Title: A title insurance commitment
issued by a Florida licensed title insurer agreeing to issue to
Buyer, upon recording of the deed to Buyer, an owner's policy
of title insurance in the amount of the purchase price,
insuring Buyer's title to real property, subject only to liens,
encumbrances, exceptions or qualification set forth in this
agreement and those which shall be discharged by Seller at or
before closing. Seller shall convey a marketable title subject
only to liens, encumbrances, exceptions or qualifications set
forth in this agreement and those which shall be discharged by
Seller at or before closing. Marketable title shall be deter-
mined according to applicable title standards adopted by
authori ty of The Florida Bar and in accordance with law. If
title is found defective, Buyer shall notify Seller in writing
specifying defect(s). If the defect(s) render title unmarket-
able, Seller will have one hundred twenty (120) days from
receipt of notice within which to remove the defect(s), failing
which Buyer shall have the option of either accepting the title
as it then is or demanding a refund of deposit(s) paid which
shall immediately be Feturned to Buyer; thereupon Buyer and
Seller shall release one another of all further obligations
under the agreement. Seller will, if title is found unmarket-
able, use diligent effort to correct defect(s) in title within
the time provided therefor, including the bringing of necessary
suits.
B. Survey: Buyer, at Buyer's expense, within time
allowed to deliver evidence of title and to examine same, may
have real property surveyed and certified by a registered
Florida surveyor. If survey shows encroachment on real
property or that improvements located on real property encroach
on setback lines, easements, lands of others, or violate any
restrictions, agreement covenants or applicable governmental
regulation, the same shall constitute a title defect.
c. Ingress and Ègress: Seller warrants and repre-
sents that there is ingress and egress to the real property
-2-
.
I
sufficient for the intended use as described herein, title to
which is in accordance with Standard A.
D. Leases: Seller shall, not less than fifteen
(15) days before closing, furnish to Buyer copies of all
written leases and estoppel letters from each tenant specifying
the nature and duration of the tenant's occupancy, rental
rates, advanced rent and security deposits paid by tenant. If
Seller is unable to obtain such letter from each tenant, the
same information shall be furnished by Seller to Buyer wi thin
that time period in the form of a Seller's affidavit, and Buyer
may thereafter contact tenants to confirm such information.
Seller shall, at closing, deliver and assign all original
leases to Buyer.
E. Liens: Seller shall furnish to Buyer at time of
closing an affidavit attesting to the absence, unless otherwise
provided for herein, of any financing statements, claims of
lien or potential lienors known to Seller and further attesting
that there have been no improvements or repairs to property for
ninety (90) days immediately preceding date of closing. If
property has been improved, or repaired within that time,
Seller shall deliver releases or waivers of mechanics' liens
executed by all general contractors, subcontractors, suppliers,
and materialmen in addition to Seller's lien affidavit setting
forth the names of all such general contractors, subcon-
tractors, suppliers and materialmen and further affirming that
all charges for improvements or repairs which could serve as a
basis for a mechanic's line or a claim for damages have been
paid or will be paid at closing.
F. Place of Closing: Closing shall be held in the
county where real property is located, at the office of the
attorney or other closing agent designated by Seller.
G. Time: Time is of the essence of this agreement.
Time periods herein of. less than six ( 6 ) days shall in the
computation exclude Saturdays, Sundays and state or national
legal holidays, and any time period provided for herein which
shall end on Saturday, Sunday or legal holiday shall extend to
5:00 p.m. of the next business day.
.
H. Documents for Closing: Seller shall furnish
deed, bill of sale, mechanic's lien affidavit, assignments of
leases, tenant and mortgagee estoppel letters, and corrective
instruments. Buyer shall furnish closing statement, mortgage,
mortgage note, security agreement, and financial statements.
I. Expenses: Documentary stamps on the deed and
recording corrective instruments shall be paid by Buyer.
J. Prorations; credits: Taxes, assessments, rent,
interest, insurance and other expenses and revenue of property
shall be prorated through day before closing. Buyer shall have
-3-
.,
(
the option to taking over any existing policies of insurance,
if assumable, in which event premiums shall be prorated. Cash
at closing shall be increased or decreased as may be required
by prorations. Prorations will be made through day prior to
occupancy if occupancy occurs before closing. Advance rent and
security deposits will be credited to Buyer and escrow deposits
held by mortgagee will be credited to Seller. Taxes shall be
prorated based on the current year's tax with due allowance
made for maximum allowable discount, homestead and other
exemptions. If closing occurs at a date when the current
year's milage is not fixed, and current year's assessments is
available, taxes will be prorated based upon such assessment
and the prior year's milage. If current year's assessment is
not available, 'then taxes will be prorated on the prior year's
tax. If there are completed improvements on real property by
January 1st of year of closing which improvements were not in
existence on January 1st of the prior year then taxes shall be
prorated based upon the prior year's milage and at an equitable
assessment to be agreed upon between the parties, failing
which, request will be made to the County Property Appraiser
for an informal assessment taking into consideration available
exemptions. Any tax proration based on an estimate may, at
request of either Buyer or Seller, be subsequently readjusted
upon receipt of tax bill on condition that a statement to that
effect is in the closing statement.
K. Special Assessment Liens: Certified, confirmed
and ratified special assessment liens as of date of closing
(and not as of Effective Date) are to be paid by Seller.
Pending liens as of date of closing shall be assumed by Buyer.
If the improvement has been substantially completed as of
Effective Date, such pending lien shall be considered as
certified, confirmed or ratified and Seller shall, at closing,
be charged an amount equal to the last estimate of assessment
for the improvement by the public body.
L. Inspectipn, Repair and Maintenance: Seller
warrants that, as of ten (10) days prior to closing, the
ceiling, roof (including the fascia and soffits) and exterior
and interior walls do not have any VISIBLE EVIDENCE of leaks or
water damage and that the septic tank, pool, all major
appliances, heating, cooling, electrical, plu~ing systems and
machinery are in WORKING CONDITION. Buyer may, at Buyer's
expense, having inspections made of those items by an appropri-
ately Florida license person dealing in the construction,
repair or maintenance of those items and shall report in
writing to Seller such items that do not meet the above stan-
dards as to defects together with the cost of correcting them,
prior to Buyer's occupancy or not less than ten (10) days prior
to closing, whichever occurs first. Unless Buyer reports such
defects within that time Buyer shall be deemed to have waived
Seller's warranties as to defects not reported. If repairs or
replacement are required, Seller shall pay up to three percent
(3%) of the purchase price for such repairs or replacements by
-4-
,
\
an appropriately Florida licensed person selected by Seller.
If the cost for such repairs or replacement exceeds three
percent (3%> of the purchase price, Buyer or Seller may elect
to pay such excess, failing which either party may cancel this
agreement. If Seller is unable to correct the defects prior to
closing, the cost thereof shall be paid into escrow at closing.
Seller will, upon reasonable notice, provide utilities service
for inspections. Between the effective date and the closing,
Seller shall maintain property including but not limited to the
lawn and shrubbery, in the condition herein warranted, ordinary
wear and tear excepted. Buyer shall be permitted access for
inspection of property prior to closing in order to confirm
compliance with this standard.
M. Risk of Loss: If the property is damaged by
fire or other casualty before closing and cost of restoration
does not exceed the purchase price of the property so damaged,
cost of restoration shall be an obligation of the Seller and
closing shall proceed pursuant to the term so the agreement
with restoration costs escrowed at closing. If the cost of the
restoration exceeds three. percent (3%) of the assessed
valuation of the improvements so damaged, Buyer shall have the
option of either taking property as is, together with either
the three percent (3%> or any insurance proceeds payable by
virtue of such loss or damage, or of cancelling the agreement
and receiving return of deposit(s).
N. Escrow: Any escrow agent ("Agent") receiving
funds or equivalent is authorized and agrees by accept'ance of
them to deposit them promptly, hold same in escrow and, subject
to clearance, disburse them in accordance with terms and
conditions of agreement. Failure of clearance of funds shall
not excuse Buyer's performance. If in doubt as to Agent's
duties or liabilities under the provisions of agreement, Agent
may, at Agent's option, continue to hold the subject matter of
the escrow until the parties mutually agree to its disburse-
ment, or until a judgmént of a court of competent jurisdiction
shall determine the rights of the parties or Agent may deposit
with the clerk of the circuit court having jurisdiction of the
dispute. Upon notifying all parties concerned of such action,
all liability on the part of Agent shall fully terminate,
except to the extent of accounting for any· items previously
delivered out of escrow. If a licensed real estate broker,
Agent will comply with provisions of Chapter 475, F.S. (1987),
as amended. Any suit between Buyer and Seller where Agent is
made a party because of acting as Agent hereunder, or in any
suit wherein Agent interpleads the subject matter of the
escrow, Agent shall recover reasonable attorney's fees and
costs incurred with the fees and costs to be charged and
assessed as court costs in favor of the prevailing party.
Parties agree that Agent shall not be liable to any party or
person for misdelivery to Buyer or Seller of items subject to
this escrow, unless such misdelivery is due to willful breach
of contract or gross negligence of Agent.
-5-
,
I
o. Failure of Performance: If Buyer fails to
perform this Contract within the time specified (including
payment of all deposit(s)), the deposit(s) paid by Buyer may be
retained by or for the account of Seller as agreed upon
liquidated damages, consideration for the execution of this
Contract and in full settlement of any claims; whereupon, Buyer
and Seller shall be relieved of all obligations under Contract;
or Seller, at Seller's option, may proceed in equity to enforce
Seller's rights under this Contract. If, for any reason other
than failure o( Seller to make Seller's title marketable after
diligent effort, Seller fails, neglects or refuses to perform
this Contract, the Buyer may seek specific performance or elect
to receive the return of Buyer's deposit(s) without thereby
waiving any action for damages resulting from Seller's breach.
P. Agreement Not Recordable; Persons Bound; Notice:
Neither this agreement nor any notice of it shall be recorded
in any public records. This agreement shall bind and enure to
the benefit of the parties and their successors in interest.
Whenever the context permits, singular shall include plural and
one gender shall include all. Notice given by or to the
attorney for any party shall be as effective as if given by or
to that party.
Q. Conveyance: Seller shall convey the property by
way of Quit-Claim Deed subject to an easement for any utilities
that may exist and lie on the property.
R. Other Agreements: No prior or present agree-
ments or representations shall be binding upon Buyer or Seller
unless included in this Contract. No modification or change in
this Contract shall be valid or binding upon the parties unless
in writing and executed by the party or parties intended to be
bound by it. A ,
S. Warranties: Seller warrants that there are no
facts known to Seller materially affecting the value of the
real property which are not readily observable by Buyer or
which have not been disclosed to Buyer.
BUYER: SELLERS:
City of Delray Beach Tommie Frazier
By: By:
Thomas Lynch, Mayor
ATTEST: Otis Thomas
By:
City Clerk
-6-
'~
(
Approved as to Form:
City Attorney
State of Florida
County of Palm Beach
The foregoing instrument was acknowledged before me this
day of , 1994 by TOMMIE FRAZIER, who is
-
personally known to me or who has produced
(type of identification) and who did
(did not) take an oath.
Signature of Notary Public-
State of Florida
Print, Type or Stamp Name of
Notary Public
State of Florida
County of Palm Beach
The foregoing instrument was acknowledged before me this
. ,
day of , 1994 by OTIS THOMAS, who is
-
personally known to me or who has produced
(type of identification) and who did
(did not) take an oath.
Signature of Notary Public-
State of Florida
. Print, Type or Stamp Name of
Notary Public
tho_..aqt
-7-
,
NOTICE OF INTENT TO ACQUIRE REAL PROPERTY
NOTICE IS HEREBY GIVEN, that the City of Delray Beach,
Florida, has determined it to be in the best interest of the
City to purchase certain real property, for municipal purposes,
more particularly described as follows:
Lot 9, Block 30, TOWN OF DELRAY, according
to the plat thereof on file in the Office
of the Clerk of the Circuit Court in and
for Palm Beach County, Florida, recorded in
Plat Book 1 Page 3.
Subject to easements, restrictions, limitations, and other
matters of record for the purchase price of $11,000.00 less
existing liens and other good and valuable consideration. A
Resolution of the City Commission of the City of Delray Beach,
Florida, authorizing the purchase of the property and on the
terms and conditions set forth above, will be considered for
adoption by the City Commission at a regular meeting to be held
at 6:00 p.m. on December 6, 1994.
CITY OF DELRAY BEACH, FLORIDA
Alison MacGregor Harty
City Clerk
PUBLISH: The News
November 28, 1994
December 5, 1994
~.-=.,.., .'
,.""...- "'" 1M
11 GIVtll, ..
IIOtltE \$ ME~ f'"'*'-::' tI
til'/ ~: III in 1M..::.... ....
","" '~~.....
1M til'/ · ........ '
eft , "" ....... .......'
~ ..,t IIII (t# ,:~'I,,;.
i..tI t.."':.. ~ -:.. QraII
~ tI" CIIr' .... fJtIIIIf·
.. QIIIII_ .. ....,. .... I PIlI
cøt..... ill 1-
.... ..
.... ~~-:-:a.
........ _ - ,riel tI ':.._
....~_-~tI
_.....~ A CJ\'ItI"
........ ~ tI .. ..
1M CJ\'I f'_*'---='.....
,0'/ ....., ~ ... .. ... III
""'.- tI III .. ........ "1'1
...~ --~.III
~...~..-
=:.._ ,.",. Oft (t# OILlA1 I~
' tln""",~"",,
/------ ~:~..
~~
tMt ::,-...__
~
.,
.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # '?IN - MEETING OF DECEMBER 6, 1994
FLORIDA JAYCEE REOUEST TO HOLD CARNIVAL/DELRAY MALL
OUTPARCEL
DATE: DECEMBER 2, 1994
This is before the Commission to approve a request from the
Florida Jaycees to hold a fundraising carnival at the southwest
corner of the Delray Beach Mall property, from December 28, 1994
through January 8, 1995 with Hildebrand's Midway of Fun, Inc.
Recommend approval of the Jaycees request to hold a fundraising
carnival on the Delray Mall outparcel.
~ an C~
,
.
.
,
. Aqenda I tem No. I
I .
',AGENDA IlEOUES~
Date: 12/1/94
Request to be placed on:'
X Reqular Agenda Special Agenda Workshop Agenda
.
When: 12/6/94
Uescription of agenda item (who, what, where, how much).
Request from the Florida Jaycees to hold a Carnival
Delray Beach Mall Outparcel - Dec 28. 1994 - Jan 8. 1995
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommenda t ion: Approval
Department Head Signature I ~~ '-'----.. ~ :
Determination of Consi.stency \lith Comprehensive Plan,
.
City Attorney Review/ Recommendation (if applicable): ,
Budqet Director Review (required on all ite.s involving expenditure
of funds): -
Funding available, YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manaqer Review:
Approved (or agenda: §/ NO ßt1
Hold Until:
Agenda Coordinator Review:
Received: .
Action: Approved/Disapproved
'.
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
COMMUNITY IMPROVEMENT~
FROM: LULA BUTLER, DIRECTOR,
RE: REQUEST TO HOLD CARNIVAL/DELRAY BEACH MALL OUTPARCEL
DECEMBER 28, 1994 - JANUARY 8, 1995
DATE: DECEMBER 1, 1994
ITEM BEFORE THE COMMISSION:
Consideration of a request from the Florida Jaycees to hold a
Carnival at the outparcel of the Delray Beach Mall, (corner of
Linton Boulevard and Federal Highway} from December 28, 1994
through January 8, 1995. Hildebrand's Amusement 1S the company
providing the service. This action 1S before the Commission
pursuant to Section 2.4.6 (H) of the LDR's.
BACKGROUND:
Written authorization from the General Manager of the mall 1S
attached along with a site plan indicating the location of the
carnival and associated parking. Proposed hours of operation
are:
Monday through Thursday: 5:00PM to 10:00PM
Friday: 5:00PM to 11:00PM
Saturday: 12:00 noon to 11:00PM
Sunday: 12:00 noon to 10:00PM
The non-profit organization has requested a waiver to any fees
required. Staff will document the Jaycees participation in the
fundraiser and if eligible, the 70% waiver to permit fees will be
granted, pursuant to City Commission policy.
The required investigation of the applicants business reputation,
permits and approved inspections from the health department and
normal building requirements will be met, We would also requ1re
the hiring of off-duty police as mandated by the police
department for security.
RECOMMENDATION:
Staff 1S recommending positive consideration of the Jaycees
request along with the requirement to hire off-duty police for
security as directed by staff.
LB:DQ
Attachments DQ3 Carnival.CC
'.
·
12/02/1994 12:43 4077'354558 DR SCOTT SNVDER DL\GE 01
~ 1~1r¡j~¡~ n Florida
,:¡,¡tJ~! t~ '~,I ~1\1),..t AV~rJt ¡':
,..r;St :)¡':"":-t:.''::F. H(1X ~)'~!.¡
t,MbI ~~,l1 Iï ¡'''~Ii1Þ, :1:<13\14 nf~'
Scan Snyder ·Community Development Vice President
11328 Okeechobee Blvd. #9, Royal Palm Beach, FL 33411
(407)798-8899 - (407)795-4568 FAX
City of Defray Beach
A TIN: Lula Bulter
December 1, 1994
Dear Ms. Butler:
Thank you for your consideration of having the Jaycees operate a carnival at the
Defray Beach Mall from December 28th through January 8th. The Jaycees wish
to hold this Camival to raise money for various charities. namely the Make·A·
Wish Foundation as well as other reputable organizations, The company which
we are using, Hildebrand's Midway 01 Fun, has an excellent reputation for
professionalism and quality. They will provide a Certificate of Insurance
(combined property and lIabUity damage) and name the city as addRional
insureds. In addition, we will províde all State requirements prior to the event
and contract with a local company for trash pickup during the carnival. It is our
intention to leave the property in 8 like condition as when received prior to the
set up of the carnival.
We would greatly appreciate it if you could provide us with the letter of
permission at your earliest possible convenience and also if we might have any
necessary fees waived as this is a charity event. Should you require any
additional Information, please call me at 798,8899,
'.
Thank you again,
~--:5'7~
RIE(CEfiVlËID "
,HMviUNm \Ì'i~PH\jìJ[I"~I"
, f"H,~IN1S1RM\ON
'.
,
r'll NOL TAF A>< FA>< PAGE 01
P.O, Box 404, Pelican Rapids, MN 56572 · 305·781·2222
,¡. -,
~c'() ~) C \ '"J '-p\\\-,(: Yon'\ ~(\ t:-> ,ç. \ 3'ost.J{a 0
t \ \\\ 0\ '~\ '\ 0\,\'r~ ft(: \..\
f\n(.~ )0(\1', \\)\-1\ f~\>-\: \.Q, r (D(' "'\'::-0'" Y\ 0-...
QJ. I. \\.~. to'('Yìì\) '0.\ \0 \J(~ SQ.\- '-lV o.A \~
~\{'a.~ ~QøCh rnc~.\.\ "~( ~'ß +ü ~a't' <g
V~J ~\Y'~ ~?O,"")~-)í.)('Q(\ \~^, \ 1-\...~ ~\f'()"~
Y:).QCÀC\' 1"C\.'-,t'..~Q s . '~~\ ~Q\ \) \-()
lo O~\'(\o....\~ -\\-.~ Q~\\.+ CW'e.\ -Q..9 c"Q,UtZ...
\?0,r\ oL. -\~ ;Y-f'O(()d.O\ o.~ U.,-,'>\:.\.t .
~~ ~\.~ (\\, «\~(\\\~,(\(~J~, OÎ'Cnì~ Y1\..Q\\1:>
\,,0 rfu '\~" ~\(,C\'-\ ~~C\(\\ Y{\C~'-\ \ü~-
O(\~,\t,liJ-Y',J, S~~,^-~i,-~~ '
.~
~C'i"-\( \ \()~,
~~'l~ç,"
'.
~1 I mL TAFA>< FA>< p¡::a: 03
.
DELRAV BEACH ~
November 30, J 994
City of Delra)' Beach
To Whom It May Concern:
RE: Hildebrand's Midway of Fun, Inc.
. ....--. ... ... ,. - ..
De]ray Beach Mall IrftnlS approval for Hildebrand's Midway of Pun, Ioe, to use the
Southwest corner of Del ray Beach Mall for the period of December 28, 1994, through
January 8, 1995, for a fund-raising event.
If you have any questions, please give me a call.
Sincerely,
~~~~
General Manager
JAElnam
_J u 9'1 \640 $ou1h ,.o.r(ll MIQhway, Unit C·100. r>.Irov '.ClCh. FlorlCIØ 33483. (407) 272-176'
---------------------------------------------------
.,
, ' .
I
~ 0 I
~ m '
~ r r-
2 (.f):::O
-~
t ~ -<
~ CD
~ -0 fT1
r~
~()
ZI
~
~ ~
o r
~ r
",.:.!~t;¡;''':~':''''''~' ~'-- ,
:,,:::0
:"\ÏÌ
---\
t.:Þ
....-
I
"u1'
,
·
0«
't~fL 7
[IT' DF DELRA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Wr.1.t_r·" D.1.r_ct L.1.n_
DELRA Y BEACH (407) 243-7090
F lOR I D A
.......
AI~America City
" III! MEMORANDUM
Date: December 2, 1994
1993
To: City Commission
From: David N. Tolces, Assistant City Attorne~
Subject: Golf Cart Lease-Purchase Agreement - Associates
Commercial Corporation
The proposed Lease-Purchase Agreement between the City and
Associates Commercial Corporation is before you for
approval. The City Commission previously gave its consent
to the lease-purchase concept and the proposed payment
terms. This is the actual agreement, and attached to the
agreement is the payment schedule.
Under the agreement, the City will obtain 80 new gas golf
carts. The lease is for a 48 month period with monthly
payments of $3,381.90. At the conclusion of the lease, the
City will have the option to purchase the carts for $1.00.
If you have any questions, please call Bob Barcinski or
myself.
DNT : smk
Attachment
cc: David Harden, City Manager
Sharon Morgan, City Clerk's Office
Brahm Dubin, Dubin & Associates
golfcart.dnt
.~ C5ìì ~
(w/~ ~ ~cuY~
~S~)
® Printed on Recycled Paper ~.O.
,. ,
.
. "".;,ß.¿Ji
~
EQUIPMENT LEASE-PURCHASE AGREEMENT Lease No. 17465
Lessee: (Name and Address) Lessor: (Name and Address)
CITY OF DELRA Y BEACH ASSOCIATES COMMERCIAL CORPORATION
100 NW 1ST AVENUE 300 E. JOHN CARPENTER FREEWAY
DELRAY BEACH, FL 33444 IRVING, TX 75062
Lessor agrees to lease to Lessee and Lessee agrees to lease from REPRESENTATION, WARRANTY, OR COVENANT, EXPRESS OR
Lessor the Equipment described in any Schedule A now or hereafter IMPLIED, WITH RESPECT TO THE MERCHANTABILITY,
attached hereto ("Equipment") in accordance with the following terms CONDITION, QUALITY, DURABILITY, DESIGN, OPERATION,
and conditions of this Equipment Lease-Purchase Agreement FITNESS FOR USE, OR SUITABILITY OF THE EQUIPMENT IN ANY
("Lease"). RESPECT WHATSOEVER OR IN CONNECTION WITH OR FOR THE
1. TERM. This Lease will become effective upon the execution hereof PURPOSES AND USES OF LESSEE, OR AS TO THE ABSENCE OF
by Lessor. The term of this Lease will commence on the date the LATENT OR OTHER DEFECTS, WHETHER OR NOT
Equipment is accepted pursuant to Section 3 hereunder and, unless DISCOVERABLE, OR AS TO THE ABSENCE OF ANY
earlier terminated as expressly provided for in this Lease, will continue INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT,
until the expiration date (the "Expiration Date") set forth in Schedule OR AS TO ANY OBLIGATION BASED ON STRICT LIABILITY IN TORT
A attached hereto (the "Lease Term"), OR ANY OTHER REPRESENTATION, WARRANTY, OR COVENANT
2. RENT. Lessee agrees to pay to Lessor or its assignee the Lease OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH
RESPECT THERETO, IT BEING AGREED THAT ALL RISKS
Payments, in~luding the interest portion, equal to the amounts specified INCIDENT THERETO ARE TO BE BORNE BY LESSEE AND LESSOR
in Schedule A. The Lease Payments will be payable without notice or SHALL NOT BE OBLIGATED OR LIABLE FOR ACTUAL,INCIDENTAL.
demand at trle office of Lessor (or such other place as Lessor or its CONSEQUENTIAL, OR OTHER DAMAGES OF OR TO LESSEE OR
assignee may from time to time designate in writing), and will commence ANY OTHER PERSON OR ENTITY ARISING OUT OF OR IN
on the first Lease Payment Date as set forth in Schedule A and CONNECTION WITH THE USE OR PERFORMANCE OF THE
thereafter on the subsequent dates set forth in Schedule A. Any EQUIPMENT AND THE MAINTENANCE THEREOF. Lessor hereby
payments received later than ten (10) days from the due date will bear assigns to Lessee during the Lease Term, so long as no Event of Default
interest at the highest lawful rate from the due date. Except as has occurred hereunder and is continuing, all manufacturer's
specifically provided in Section 6 hereof, the obligation of Lessee to warranties, jf any, expressed or implied with respect to the Equipment.
make the Lease Payments hereunder and perform all of its other and Lessor authorizes Lessee to obtain the customary services
obligations hereunder will be absolute and unconditional in all events furnished in connection with such warranties at Lessee's expense.
and will not be subject to any setoff, defense, counterclaim, or Lessee's sole remedy for the breach of any such manufacturer's
recoupment for any reason whatsoever including, without limitation, warranty shall be against the manufacturer of the Equipment. and not
any failure of the Equipment to be delivered or installed, any defects, against Lessor. Lessee expressly acknowledges that Lessor makes,
malfunctions, breakdowns or infirmities in the Equipment or any and has made, no representations or warranties whatsoever as to the
accident, condemnation or unforeseen circumstances. Lessee existence or the availability of such warranties of the manufacturer of
reasonably believes that funds can be obtained sufficient to make all the Equipment.
Lease Payments during the Lease Term and hereby covenants that
it will do all things lawfully within its power to obtain, maintain and 5. RETURN OF EQUIPMENT, Unless Lessee shall have exercised
properly request and pursue funds from which the Lease Payments its purchase option as provided in Section 20 hereof, upon the expiration
may be made, including making provisions for such payments to the or earlier termination of this Lease pursuant to the terms hereof, Lessee
extent necessary in each budget submitted for the purpose of obtaining shall, at its sole expense but at Lessor's option, return the Equipment
funding, using its bona fide best efforts to have such portion of the to Lessor to any location in the continental United States designated
budget approved and exhausting all available administrative reviews by Lessor.
and appeals in the event such portion of the budget is not approved. 6. NON-APPROPRIATION OF FUNDS; NON-SUBSTITU-
It is Lessee's intent to make Lease Payments for the full Lease Term TlON. Notwithstanding anything contained in this Lease to the contrary,
if funds are legally available therefor and in that regard Lessee in the event no funds or insufficient funds are appropriated and
represents that the use of the Equipment is essential to its proper, budgeted or are otherwise unavailable by any means whatsoever in
efficient and economic operation. Lessor and Lessee understand and any fiscal period for Lease Payments due under this Lease, Lessee
intend that the obligation of Lessee to pay Lease Payments hereunder will immediately notify Lessor or its assignee in writing of such
shall constitute a current expense of Lessee and shall not in any way occurrence and this Lease shall terminate on the last day of the fiscaJ
be construed to be a debt of Lessee in contravention of any applicable period for which appropriations have been received or made without
constitutionaJ or statutory limitation or requirement concerning the penalty or expense to Lessee. except as to (i) the portions of Lease
creation of indebtedness by Lessee, nor shaJl anything contained herein Payments herein agreed upon for which funds shall have been
constitute a pledge of the general tax revenues, funds or monies of appropriated and budgeted or are otherwise available and (ii) Lessee's
Lessee. other obligations and liabilities under this Lease relating to, or accruing
3. DELIVERY AND ACCEPTANCE. Lessee, or if Lessee so requests, or arising prior to, such termination. In the event of such termination,
Lessor, will cause the Equipment to be delivered to Lessee at the Lessee agrees to peaceably surrender possession of the Equipment
location specified in Schedule A ("Equipment Location"). Lessee will to Lessor or its assignee on the date of such termination in the manner
pay all transportation and other costs, if any, incurred in connection set forth in Section 5 hereof and Lessor will have aJllegaJ and equitable
with the delivery and installation of the Equipment. Lessee will accept rights and remedies to take possession of the Equipment.
the Equipment as soon as it has been delivered and inspected, Lessee Notwithstanding the foregoing, Lessee agrees (i) that it will not cancel
will evidence its acceptance of the Equipment by executing and this Lease and this Lease shall not terminate under the provisions of
delivering to Lessor a Delivery and Acceptance Certificate (in the form this Section if any funds are appropriated to it. or by it, for the acquisition.
provided by Lessor) upon delivery of the Equipment. retention or operation of the Equipment or other equipment or services
4. DISCLAIMER OF WARRANTIES. Lessee acknowledges and performing functions similar to the functions of the Equipment for the
fiscal period in which such termination would have otherwise occurred
agrees that the Equipment is of a size, design and capacity selected or for the next succeeding fiscal period, and (ii) that it will not during
by Lessee, that Lessor is neither a manufacturer nor a vendor of such the Lease Term give priority in the application of funds to any other
equipment, that LESSOR LEASES AND LESSEE TAKES THE functionaJly similar equipment or to services performing functions similar
EQUIPMENT AND EACH PART THEREOF "AS-IS" AND THAT
LESSOR HAS NOT MADE, AND DOES NOT HEREBY MAKE, ANY to the functions of the Equipment. This section will not be construed
. so as to oermit Lessee to terminate thi!l I "~"A in I'''"A' t... nllr,..h"....
- -09 function" si_ to the fun_, of the EqU"'ment. 11. LOCA nON; 'NSPEcnON. TheEqUi""'.nt wJII not be '"'""WI
end. Jf this L-. t.nnin_ PU"Uant to th" SOotion. "- ag,.., from 0'. Jf the Equ'Pmen, COns;"" of ""'tog stock. its ponnen.nl ...
th.1 dUring th. fioc.ai - im"""'Jatoly loJIOWing the 'sea, -Od in ..." no' be "'engad from the Equ",,,,,,,,, location wJtho<.l ~.s"""
WhJch SUCh -in.""" oecu"" wJII not so PU<ch.... t..... "'nl 0, ....... COnsant WIll", Wi/! not be un,_,y wJlhheld. L._ w,
....""'. acqu¡", th. use 0' any 'uch oth., equi""'ent Of s.""ce,. be .n'""" to .nl., u""" the Equ''''''en, Loca""" Of oJ,_", du'ing
WARRANTIES. -able b"",no" hau", to in.".., th. EqUipment", Obs_ Its Usa
7. REPRESENTATIONS, COVENANTS AND and operation.
L..... """"sen",. cov.nents end w"".nl' .. of th. d.l. h.""" end 1 2. LIENS AND TAXES. L."ee "sll keep the EqUi""'.nt... and
.. 'J ''0.. dunng the L-. T.'m that (" L....."...... Of. fu'ly
con"ituted """.eal SU",,!vIsion th.""'f. Of Its Obligan"", h."'und'" cre., of .. levies. liens end encum_... "".."t fhose ..-.- und.,
con..... OblIgations i_ on be... of. Slate Of . poIiIica¡ SUbdIvision th" L..... L_ sh.II P.Y. wh.n du.. .11 ch...... .Od tax.. (local.
-. sU'" that eny inl..... d.ri""" un.... th's L.... Wi/! qUalify to, stat. and "",.,at) Whleh m.y now Of h......, be im"",,,,, u""" the
..- hem F"".,., tncome t"".. un.... -on 103 of the 'nl""'al """.""iP. t...ing. "'ntaJ. sa,.. Pln'ch.... Po_n Of Us. of th.
R....u. COd. of ....... ","end"" (the "Code"). .nd that" wJII do Equ'pmenl. .""iUd'ng hnwev.,. all tax., on '" me........ by Læso"s
Of causa to be done .11 things n......." to P'.,.", end keep In full Incom.. If Lessee fai's to P.y Said Ch.",... Of tax.. wh.n du.. Lasso,
fore. and..... (.) lis .,....nce and (b) ""s L....; (d) the ..ecution. may. but need not, Pay Said ~ Of taxes and. 'n SUch ....1. "'-
deJiWl", and -.... by "'. Le_ of !his L_ and.. docu""",~ shalt '.imbu",. Lasso, the",to, on damend. wJth inte",,, ., "'e
-""In -- '-with. inclUding. wJthout lim""""". Sche<iw. m,,",mum "'to """"i..., by lew from the d.t. ot SUch P""menl by
A h"'.to and the Dellve", end Acceplenc. Ceni'cal. ,e"""", to in Lessor to the date of reimbursement by Lessee.
Section 3 he_ (the L-. tog.th., wJth all 'uch docum.... shall b. 13. RISK OF LOSS; DAMAGE; DESTROCllON. Lessee ...umes
COII_y""en.., to h·""n .. the "L-. Docum.nts.) have been all fisk of loss of '" d""'.g. '0 the Equipmenl from .ny caus.
dU'y .~ by all n_...", action "" "'. P.rt of "'. L.....; (ili) w"'"-. end no 'uch loss of", c/amage 10 the Equløment no, deJect
"'. L-. Docu_ ·.ch con"ituto . legai. Valid end b'ndlng "''''.'n no, un_s Of obsoJ."'.... th.""'f shall '.tleve L..... of
""""""" of th. "'- """"""abI. in -ance wJ"''''''-. the ObItg.O"" to 'O.k. Le... P.Ym.nts '" to POrl"'m any 0"",
to"",,; (Iv) nii addllronaJ governmental Of_. ponni"rone. COnsents. Obllganon un.... this L-.. tn the ....t of damage to any itom of
·_s '" .u""""'ions .... '""Ui.... to be _I",", end no EqW""""". L..... "'" '"'mectJetaly PI8co ... _. In 900d ,_, wJth
'""'....lIone '" decI....1Iona .'" ,""uifad to be "'" in con__"" "'th "e PlOCeeds of any in.u'ence _", _i"" to ... CO" of "'ch
... ··ecullon ·nd deJlve", of the L-. Documents; (V) Lessee h.. '·Pai,. "Less", delennines thaJ any 'ten> of EqUi""'.nl i. insl. stolen.
,uffl".nt apP"""'·1Iona '" 0"., "nds .vail.ble to p.y all L-. d.....,,"" Of dam...., beyond "'Pai,. Les.... .1 the ""lion 0' Less"'.
p·""""'ts ""d OIhe, ","ounts duo he,euode, lot the cu".nl ,_ "'Ii .'the, (.) "'pl.ce the _. with lik. equiPmenl in gOOd _'. '"
P.riOd; (vi) the usa of the EqUipmant by "- " .-lial to and "'Ii (b)"" the n.", L.... P.Yment D.to. Poy Lessor. (i) aJl ""'''''nts th.n
be lim'led to the -"""",. by L_ of ono 0' mote !JOve'nmen", ow.., by L..... to Lasso, und., ..~ L..... including ... ......
lon"ron. of L.".. _n' wJth the """""'ible...... of L......, p-.nt due on .uCh d.... and (iI) an ",""unt equaJ to ... .PPlicable
""",0""" (viI) no "",,ron of the Equipmenl wifi be U'ed difactty 0' ConClUding P""menl '., to"" in Sch.dul. A ""Posit. "'ch L....
indffect1y in eny Intd. Of bu.'ness _.., on by .ny _ OIhe'th.n p""m.n, D.to. In the ....1 thaJ L..... ~ Obllgafed to 'Oak. sUCh
Lessee; .nd (vii" no ""rlion of "e Equ'p"""" wJlI be USed by en paymen, P""'Uant to "'b"""",,,Ph (b) above "'.. '""""" to .... "en
o_1zation d·Scribed in ...... 50. (c) (3) of 'h. COd. end (Ix) thl. .. of the Eq_t.lessot "'" _ide L..... wJth the ,,",",fa "'"""'0
L.... "- nol """,,,tuto .n ."'Ilntg. Obllg.O"" "''''n ... .....ing Of ... Le... p·Ym.nt .nd the Con"uding P.Ymen, to be ...... by
of sectIon'48 of Ih. COd. end is nOl fed.'aJly gu.",_ WithIn the L..... With "''Pact to the Equi""'.nt Which has sulIe.... the evenl
meaning of Section 149(b) of the COde. of Joss.
"'- .... de""" to lessot en ""'nion of Less..·. CO<mse, in fonn
and "'Osfanee .. set - _n 0' as OIh.".s. acceptable 10 Lasso,. 14. PERSONAL PROPERTY. Th. EqUipmenl ~ end wJjl "'m.'n
tn ... even' that. "''''on .ri.., .. to L....... qu.llfIca""" .. . PO"""aJ ""'''''f1y end "'Ii no, be d_"" to be .ffix"" Of ."ach.., to
PoliOcaJ SU_iSian. L..... ag,... 10 ""ecuto . Po..." of .""'n.y .... ·stare Of any buitdlng the_. "'""u._ by L_,. L_. "'0.
au_Zing Lasso, to make _""""'" to the Int""'aJ R-.ue SeMce .1 L....... .'-. furnish. Wai"", of .ny In""... in ... Equ"'m.nt
for a Jetter ruling with respect to the issue, trom .ny ".,.,. h.ving an int.,." In ""y .uch "'aJ es.... '" bUliding.
8. TIT1.E TO EQUIPMENT. 0",," .ccePtance 01 the Equi""'.n, by '5. INSORANCË. L_. wI/I. aJ its .''''''... maintaIn aJ.. .mes
Lessee h.""'n..... tide to the Equ'pmant wifi _ in Lessee subject dUnng ... L.... T...... '''' and -Oded COVentg.. Public ''''1Ii1y and
to Lasso,'. fights unde, thl. L....; P""'idad. ho_.,. ".1 (" in the -f1y damage in"''''nee "'.. ,.._ to the EqUlpmenl in .uch
...., of -...""" of "'s L-. .......ant to Secüon 8 _. (II) uPon amounts. COVenng .uch risks. and "'th "'Ch inau,... .. .hall be
the """"''''nee of an Event 01 Def.u" h.",u_. and "long .. .uch s.._""" to Lasso,. Of. "'th L·_·s ""'" -n consent. ""'" seJ,.
Evenl of Default I. conOnuing. '" (Ii" In the avenl ".t the ""<ch_ ins"", ag·'nel any '" ail 'UCh risks. tn no even,,," ".'nau,.... limi~
opfIon has no, been ...."..., P,,", to the &P".II"" Dele. litte "'" be less th.n the ""'aunt of the ".n .PP0cabl. Con"Uding P."""""
""-... -In Lasso, Of ''''.....nee "'''OUI any action by lessae "'th ,- to .uch EqUipm.nt. Ea", In.""'nce PolIcy will n"",.
""" L..... sltaJI immectJah>iy "'_ POSse""", of the Equi""'ent L..... es en ins...... and L...... '" ita.......... an -ai .........
to Lasso, Of Its -.. in the ""'"n., sel _ in SOc!Ion 5 h",OOI. """ "'" contain · ""usa 'eqUMng ... I"",,,,, to give Le_ '" Its
9. OSE; R£PAIRS. Lessee wJtt use the Equ",,"en, In. """'fut man.., .....ne at feast thif1y (30) d.yS p,,", Written nOllce of eny aJtentfion
In the tonn. of 'uch Policy '" the en_lao"" .......". The _,
"" the use """'"""'- by the ""'"u_,.,. of the Equ",,,,,,,,1. L..... of eny SUCh poIleies wJtl be P_le to L..... and lessot '" its ..."'"
·hall CO"""" "'.. aJl I..... o""nen.... in.u...... poI"'i.. end .. fhe;, Inten.sts ""'" apPeer. 0",," acceptance 01 the Equi""""" and
,""Ulations ""anng to the -ron. use. 0_1Ion '" mainton.nc. """" """" ineu"'ne. ""'_ date. L..... wJtl det..... to L...... .
of the Eq"",-I. L...... at its _.... "'" k..p the Equipmenl in -- evIdenotng..... ........... In the ""'"' that "'- has....
900d ""fidng 0_ end "'Pai, end fu"".h ai1 Pnns. _hen~"" .nd ""nnilted to ""-in...... Lessee Wi/! ""n~h Læso, with . t_ 0'
devices required therefor. -ate to SUCh ·ffect. In the...., of eny loss. damage. inJu", '"
1 O. AL 1'ERA nONS. L..... wJt, no, 'Oak. any ai"".,rons. -IIions """'dent in_ng the Equ",,",,",. "'- wJJ P_ptiy _ L......
wJth Written notice the_ and make .VaiI_ to lessot ai1lntonnation
· """-ts 10 the Equlpmenl "'.....1 L._·s ""'" "'lIten and docu_ ""atJng Ih",... and atunl _If Lasso, to
""""'I """'" ..... aJto"lIona. _lOon. '" I__ts m.y be -Poto and -. wJth L..... in -.. any claim"" insu.....
tadily removed Without damage to the EqUipment. in respect thereof.
.
.
-
16, INDEMNIFICATION. Lessee shall indemnify Lessor against, and to Lessee, declare an amount equal to all amounts then due under the
hold Lessor harmless from, any and all claims, actions proceedings, Lease, and all remaining Lease Payments due during the fiscal year
expenses, damages or liabilites, including attorney's fees and court of Lessee in which the default occurs to be immediately due and
costs, arising in connection with the Equipment, including, but not payable, whereupon the same shall become immediately dl:le and
limited to, its selection, purchase, delivery, installation, possession, use, payable; (ii) by written notice to Lessee, request Lessee to (and Lessee
operation, rejection, or return and the recovery of claims under agrees that it will), at Lessee's expense, promptly return the Equipment
insurance policies thereon. The indemnification provided under this to Lessor in the manner set forth in Section 5 hereof, or Lessor, at its
Section shall continue in full force and effect notwithstanding the full option, may enter upon the premises where the Equipment is located
payment of all obligations under this Lease or the termination of the and take immediate possession of and remove the same; (iii) sell or
Lease Term for any reason. lease the Equipment or sublease it for the account of Lessee, holding
17. ASSIGNMENT. Without Lessor's prior written consent, Lessee Lessee liable for all Lease Payments and other payments due to the
effective date of such selling, leasing or subleasing and for the
will not either (i) assign, transfer, pledge, hypothecate, grant any security difference between the purchase price, rental and other amounts paid
interest in or otherwise dispose of this Lease or the Equipment or any by the purchaser, lessee or sublessee pursuant to such sale, lease
interest in this Lease or the Equipment or (ii) sublet or lend the or sublease and the amounts otherwise payable by Lessee hereunder;
Equipment or permit it to be used by anyone other than Lessee or and (iv) exercise any other right, remedy or privilege which may be
Lessee's employees. Lessor may assign its rights, title and interest available to it under applicable laws of the state where the Equipment
in and to the Lease Documents, the Equipment and/or grant or assign is then located or any other applicable law or proceed by appropriate
a security interest in this Lease and the EqLlipment, in whole or in part, court action to enforce the terms of this Lease or to recover damages
and L~ssee's rights will be subordinated thereto. Any such assignees for the breach of this Lease or to rescind this Lease as to any or all
shall have all of the rights of Lessor under this Lease, Subject to the of the Equipment. In addition, Lessee will remain liable for all covenants
foregoing, this Lease inures to the benefit of and is binding upon the and indemnities under this Lease and for all legal fees and other costs
successors and assigns of the parties hereto. 1..8&&88 SSVSRaRts aRs and expenses, including court costs, incurred by Lessor with respect
8§feee RSt te asssl'! a!!jaiRst tJ:ls assi!!jRss aRY slai",s 8r ssfsRsse B, to the enforcement of any of the remedies listed above or any other
way 8f alilat8F!l8Rt set8", 98wRtef9Iai"" reeew iI"'8Rt 8r tJ:l8 IiIte "'J:lieh remedy available to Lessor.
Lessee 11'18) "'8' '8 a!!jaiRst b.9&&Qr. Upon assignment of Lessor's interests
herein, Lessor will cause written notice of such assignment to be sent 20. PURCHASE OPTION. Upon thirty (30) days prior written notice
to Lessee which will be sufficient if it discloses the name of the assignee from Lessee, and provided that there is no Event of Default, or an event
and address to which further payments hereunder should be made. which with notice or lapse of time, or both, could become an Event
No further action will be required by Lessor or by Lessee to evidence of Default, then existing, Lessee will have the right to purchase the
the assignment, but Lessee will acknowledge such assignments in Equipment on any Lease Payment date set forth in Schedule A hereto
writing if so requested. Lessee shall retain all notices of assignment by paying to Lessor, on such date, the Lease Payment then due together
and maintain a book-entry record (as referred to in Section 21) which with the Concluding Payment amount set forth in Schedule A opposite
identifies each owner of Lessor's interest in the Lease. Upon Lessee's such date. Upon satisfaction by Lessee of such purchase conditions,
receipt of written notice of Lessor's assignment of all or any part of Lessor will transfer any and all of its right, title and interest in the
its interest in the Lease, Lessee agrees to attorn to and recognize any Equipment to Lessee AS IS, WITHOUT WARRANTY, EXPRESS OR
such assignee as the owner of Lessor's interest in this Lease, and IMPLIED, except Lessor will warrant that the Equipment is free and
Lessee shall thereafter make such payments, including without clear of any liens created by Lessor.
limitation such Lease Payments, as are indicated in the notice of 21. TAX ASSUMPTION; COVENANTS. The parties assume that
assignment, to such assignee. Lessor can exclude from Federal gross income the interest portion of
18. EVENT OF DEFAULT. The term "Event of Default," as used each Lease Payment set forth in Schedule A under the column
herein, means the occurrence of anyone or more of the following captioned "Interest Portion,"
events: (i) Lessee fails to make any Lease Payment (or any other Lessee covenants that it will (i) register this Lease and transfers
payment) as it becomes due in accordance with the terms of this Lease, thereof in accordance with section 149(a) of the Code and the
and any such failure continues for ten (10) days after the due date regulations thereunder, (ii) timely file a statement with respect to this
thereof; (ii) Lessee fails to perform or observe any other covenant, Lease in the required form in accordance with section 149(e) of the
condition, or agreement to be performed or observed by it hereunder Code, (iii) not permit the property financed by this Lease to be directly
and such failure is not cured within twenty (20) days after written notice or indirectly used for a private business use within the meaning of
thereof by Lessor; (iii) the discovery by Lessor that any statement, section 141 of the Code, (iv) not take any action which results, directly
representation, or warranty made by Lessee in this Lease or in any or indirectly, in the interest portion of any Lease Payment not being
writing ever delivered by Lessee pursuant hereto or in connection excludable from Federal gross income pursuant to section 103 of the
herewith was false, misleading, or erroneous in any material respect; Code and will take any reasonable action necessary to prevent such
(iv) Lessee becomes insolvent, or is unable to pay its debts as they result, and (v) not take any action which results in this Lease becoming,
become due, or makes an assignment for the benefit of creditors, and will take any reasonable action to prevent this Lease from becoming
applies or consents to the appointment of a receiver, trustee, (a) an arbitrage obligation within the meaning of section 148 of the Code
conservator or liquidator of Lessee or of any of its assets, or a petition or (b) federally guaranteed within the meaning of section 149 of the
for relief is filed by Lessee under any bankruptcy, insolvency, Code.
reorganization or similar laws, or a petition in, or a proceeding under, Notwithstanding the earlier termination or expiration of this Lease,
any bankruptcy, insolvency, reorganization or similar laws is filed or the obligations provided for in this Section 21 shall survive such earlier
instituted against Lessee and is not dismissed or fully stayed within termination or expiration.
twenty (20) days after the filing or institution thereof; (v) Lessee fails 22. NOTICES. All notices to be given under this Lease shall be made
to make any payment when due or fails to perform or observe any
covenant, condition, or agreement to be performed by it under any other in writing and mailed by certified mail, return receipt requested, to the
agreement or obligation with Lessor or an affiliate of Lessor and any other party at its address set forth herein or at such address as the
applicable grace period or notice with respect thereto shall have elapsed party may provide in writing from time to time. Any such notice shall
or been given; or (vi) an attachment, levy or execution is threatened be deemed to have been received five days subsequent to mailing.
or levied upon or against the Equipment. 23. SECTION HEADINGS. All section headings contained herein are
19. REMEDIES. Upon the occurrence of an Event of Default, and for the convenience of reference only and are not intended to define
as long as such Event of Default is continuing, Lessor may, at its option, or limit the scope of any provision of this Lease.
exercise anyone or more of the following remedies: (i) by written notice
.
·
24. GOVERNING LAW. This Lease shall be construed in accordance constitute the entire agreement between the parties with respect to the
with, and governed by, the laws of the state of the Equipment Location. lease of the Equipment, and this Lease shall not be modified, amended,
25. DELIVERY OF RELATED DOCUMENTS. Lessee will execute or altered, or changed except with the written consent of Lessee and
Lessor. Any provision of this Lease found to be prohibited by law shall
provide, as requested by Lessor, such other documents and information be ineffective to the extent of such prohibition without invalidating the
as are reasonably necessary with respect to the transaction remainder of this Lease. The waiver by Lessor of any breach by Lessee
contemplated by this Lease. of any term, covenant or condition hereof shall not operate as a waiver
26. ENTIRE AGREEMENT; WAIVER. The Lease Documents of any subsequent breach thereof.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the !... day of 19_
LESSEE: CITY_,_OF..:.DELRAY BEACH, FL LESSOR: ASSOCIATES COMMERCIAL CORPORATION
By: ^ By:
EDWARD F. PLETZKE II
Title: ( Title: VICE PRESIDENT
OPINION OF COUNSEL
-
With resp&ct to that certain Equipment Lease-Purchase Agreement instrumentality which, if adversely determined, would have a material
("Lease") dated r by and between adverse effect on the transaction contemplated in the Lease or the ability
Lessor and Lessee, 'àm of the opinion that: (i) Lessee is a tax exempt of Lessee to perform its obligations under the Lease and Lessee is not
entity under Section 103 of the Internal Revenue Code of 1986. as in default under any material obligation for the payment of borrowed
amended; (ii) the execution. delivery and performance by Lessee of money, for the deferred purchase price of property or for the payment
the Lease have been duly authorized by all necessary action on the of any rent under any lease agreement which either individually or in
part of Lessee; (iii) the Lease constitutes a legal, valid and binding the aggregate would have the same such effect; and (v) all required
obligation of Lessee enforceable in accordance with its terms and all public bidding procedures regarding the award of the Lease have been
statements contained in the Lease and all related instruments are true; followed by Lessee and no governmental orders, permissions, consents,
(iv) there are no suits, proceedings or investigations pending or, to my approvals or authorizations are required to be obtained and no
knowledge. threatened against or affecting Lessee, at law or in equity, registrations or declarations are required to be filed in connection with
or before or by any governmental or administrative agency or the execution and delivery of the Lease.
Counsel for Lessee: ,(
By: 'A
Title: \
Date: ,~
.
625689 Rev, 8-90 '.
ADDENDUM
This Addendum, dated as of , 1994, is hereby attached to and is made a part
of that certain Equipment Lease Purchase Agreement between Associates Commercial Corporation
("Lessor") and the City of Del Ray, Florida ("Lesseell) dated ,1994.
1. SECTION 16. INDEMNIFICATION. The section is deleted and replaced as follows:
SECTION 16. INDEMNIFICATION. Lessee shall to the extent permitted by law
- indemnify Lessor against, and hold Lessor harmless from, any and all claims, actions,
proceedings, expenses, damages, or liabilities, including attorney's fees and court costs,
arising in connection with the Equipment, including, but not limited to, its selection,
purchase, delivery, installation, possession, use, operation, rejection, or return and the
recovery of claims under insurance policies thereon. The indemnification provided under
this Section shall continue in full force and effect notwithstanding the full payment of all
obligations under this Lease or the termination of the Lease term for any reason.
2. SECTION 17. ASSIGNMENT. In the Seventeenth line of the section, after the words
II... if it discloses the name... II, the following is inserted:
" . .. address and official contact... II
IN WITNESS WHEREOF, the parties have executed this Addendum as of day
of ,1994.
LESSEE: C.ity of Del R~y, Florid~ LESSOR: A~snci~tes C.ommerci~l C.orpnl'3tion
BY: X BY:
Edward F. Pletzke IT
TITLE: ( TITLE: Vice President
'!
SCHEDULE A
EaUIPMENT DESCRIPTION
Lease No. 17465
This Schedule A is executed by Associates Commercial Corporation ("Lessor") and City of
DAlrRY BARch, FL ("Lessee"), as a supplement to, and is hereby attached to and made a part of that
certain Equipment Lease-Purchase Agreement dated as of
("Lease"), between Lessor and Lessee.
Lessor hereby leases to Lessee under and pursuant to the Lease and Lessee hereby leases from
Lessor under and pursuant to the Lease the following items of Equipment:
QUANTITY DESCRIPTION (MANUFACTURER, MODEL AND SERIAL NO.1 SUPPLIER
80 New DS Gas Golf Cars, SIN AG9517·432626 through AG9517·432655 Club Car. Inc
- AG9517-432565 through AG9517·432685 P. 0, Box 204658
AG9517-432686 through AG9517-432705 Augusta, GA 30917
EQUIPMENT LOCATION: Delrav Beach Municipal Golf Club
Delrav Beach, FL
Initial Term: 4R Months Commencement Date: nACAmbAr 5, 1 994
Expiration Date: NOVAmhAr 5, 1 99R
Periodic Rent: 47 Consecutive monthly Payments of $ 3,381 90 each (including interest),
followed by one final payment of $ 3,381 65 plus any and all other payments due under this
Lease.
Dated: X
LESSEE: City of DAlray BAach, FL LESSOR: A~~ociatA~ CommArcial Corroration
BY: X BY:
Edward F, Pletzke, "
TITLE: ~ TITLE: ViCA PrP.~idAnt
Page 1 of 2
SCHAEQ1.MRG
'.
ASSOCIATES COMMERCIAL CORPORATION, MUNICIPAL FINANCING
SCHEDULE A
Lessee: City of Delray Beach, FL
Lease Number: 17465 Amount Funded: $144,560.00
Interest Rate: 6.06 %
Lease Lease
Payment Payment Lease Interest Principal Concluding
Number Date Payment Portion Portion Payment
1 5 - Oec-94 $3,381.90 $0.00 $3,381.90 $141,178.10
2 5 - Jan-95 $3,381.90 $712.95 $2,668.95 $138,509.15
3 5 - Feb-95 $3,381.90 $699.47 $2,682.43 $135,826.72
4 - 5 - Mar-95 $3,381.90 $685.92 $2,695.98 $133,130.75
5 5 - Apr-95 $3,381.90 $672.31 $2,709.59 $130,421.16
6 5 - May-95 $3,381.90 $658.63 $2,723.27 $127,697.88
7 5 - Jun-95 $3,381.90 $644.87 $2,737.03 $124,960.86
8 5 - Jul-95 $3,381.90 $631.05 $2,750.85 $122,210.01
9 5 - Aug-95 $3,381.90 $617.16 $2,764.74 $119,445.27
10 5 - Sep-95 $3,381.90 $603.20 $2,778.70 $116,666.57
11 5 - Oct-95 $3,381.90 $589.17 $2,792.73 $113,873.83
12 5 - Nov-95 $3,381.90 $575.06 $2,806.84 $111,067.00
13 5 - Dee-95 $3,381.90 $560.89 $2,821.01 $108,245.99
14 5 - Jan-96 $3,381.90 $546.64 $2,835.26 $105,410.73
15 5 - Feb-96 $3,381.90 $532.32 $2,849.58 $102,561.15
16 5 - Mar-96 $3,381.90 $517.93 $2,863.97 $99,697.19
17 5 - Apr-96 $3,381.90 $503.47 $2,878.43 $96,818.76
18 5 - May-96 $3,381.90 $488.93 $2,892.97 $93,925.79
19 5 - Jun-96 $3,381.90 $474.33 $2,907.57 $91,018.22
20 5 - Jul-96 $3,381.90 $459.64 $2,922.26 $88,095.96
21 5 - Aug-96 $3,381.90 $444.88 $2,937.02 $85,158.94
22 5 - Sep-96 $3,381.90 $430.05 $2,951.85 $82,207.10
23 5 - Oct-96 $3,381.90 $415.15 $2,966.75 $79,240.34
24 5 - Nov-96 $3,381.90 $400.16 $2,981.74 $76,258.61
25 5 - Dee-96 $3,381.90 $385.11 $2,996.79 $73,261.81
26 5 - Jan-97 $3,381.90 $369.97 $3,011.93 $70,249.88
27 5 - Feb-97 $3,381.90 $354.76 $3,027.14 $67,222.75
28 5 - Mar-97 $3,381.90 $339.47 $3,042.43 $64,180.32
29 5 - Apr-97 $3,381.90 $324.11 $3,057.79 $61,122.53
30 5 - May-97 $3,381.90 $308.67 $3,073.23 $58,049.30
31 5 - Jun-97 $3,381.90 $293.15 $3,088.75 $54,960.55
32 5 - Jul-97 $3,381.90 $277.55 $3,104.35 $51,856.20
33 5 - Aug-97 $3,381.90 $261.87 $3,120.03 $48,736.17
34 5 - Sep-97 $3,381.90 $246.12 $3,135.78 $45,600.39
35 5 - Oct-97 $3,381.90 $230.28 $3,151.62 $42,448.77
36 5 - Nov-97 $3,381.90 $214.37 $3,167.53 $39,281.24
37 5 - Dee-97 $3,381.90 $198.37 $3,183.53 $36,097.71
"
ASSOCIATES COMMERCIAL CORPORATION, MUNICIPAL FINANCING
SCHEDULE A
Lessee: City of Delray Beach, FL
Lease Number: 17465 Amount Funded: $144,560.00
Interest Rate: 6.06 %
Lease Lease
Payment Payment Lease Interest Principal Concluding
Number Date Payment Portion Portion Payment
38 5 - Jan-98 $3,381.90 $182.29 $3,199.61 $32,898.10
39 5 - Feb-98 $3,381.90 $166.14 $3,215.76 $29,682.34
40 5 - Mar-98 $3,381.90 $149.90 $3,232.00 $26,450.33
41 - 5 - Apr-98 $3,381.90 $133.57 $3,248.33 $23,202.01
42 5 - May-98 $3,381.90 $117.17 $3,264.73 $19,937.28
43 5 - Jun-98 $3,381.90 $100.68 $3,281.22 $16,656.06
44 5 - Jul-98 $3,381.90 $84.11 $3,297.79 $13,358.28
45 5 - Aug-98 $3,381.90 $67.46 $3,314.44 $10,043.83
46 5 - Sep-98 $3,381.90 $50.72 $3,331.18 $6,712.66
47 5 - Oct-98 $3,381.90 $33.90 $3,348.00 $3,364.65
48 5 - Nov-98 $3,381.65 $16.99 $3,364.65 $1.00
Totals $162,330.95 $17,770.95 $144,560.00
.
·' .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t7t1
SUBJECT: AGENDA ITEM # '75. p, - MEETING OF DECEMBER 6, 1994
AWARD OF BIDS AND CONTRACTS
DATE: DECEMBER 2, 1994
This is before the Commission to approve the award of the
following bids and contracts:
1. Bid award ree-year lease of copier (Xerox 5355) for
rý- Police De tment - to the Xerox Corporation via Florida
~ ~ State tract, for a total of $21,240 for the 36 month
o peri Funding is available from Police Support -
E pment Rental and Leases (Account No. 001-2113-521-
4.30) .
2 . Bid Award - for lot clearing and mowing of nuisance abate-
ments for Code Enforcement, to Seagull Industries for the
Disabled, Inc. as primary contractor, and Walcott & Son as
secondary contractor, at an estimated annual cost of
$20,000, with funding from Code Enforcement - Lot Mowing/
Clearing (Account No. 001-2741-524-34.30) .
3. Bid Award - for Advanced Life Support Rescue Vehicle, to
National Ambulance Builders, Inc. , at a cost of $91,505.50,
with funding from City Garage - Vehicle Replacement (Account
No. 501-3312-591-64.20) .
4. Purchase of two FM Antennas (Persoft Intersect Wireless
Bridges) at a cost of $13,895 fully installed, from sole
source vendor, FM Associates Limited, with funding from
Water and Sewer Renewal and Replacement - Other Machinery
and Equipment (Account No. 441-5161-536-64.90) .
Yìl1u¡67 JWrn~ þm ~þ ~
~~) ~ <g.P.;;, g,P.3, r- ~.PJ..j.
)
ú.KAß- ~ 6-0
1f.P. /. ~
,
I
. .
~
Agenda Item No.:
AGENDA REQUEST
Date: ll/l4/q4
Request to be placed on: ' .
y Regular Agenda Special Agenda Workshop Agenda
When: 1:2/6/94
Description of agenda item (who, what, where, how much):
~w~rd of ~nrpp (~) year Lease for Xerox Copier for the
Pnlirp Department via Florida State Contract # 600-380-94-1
---£.rOfR Xerox CorporatiorJ. at a tnt-;::¡l rn~t. of $21,240.00.
(Xerox 5355 Copior with iini9npr)
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Awardinq 3 year Lease to Xerox corporation.
Fl1ndjng frnm . 001-2113-521-44.30.
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:~NO
Funding alternatives: (if ap¡;>licable)
Account No. & Descripti0I1:: (J,! ' "l f ¡q, ---j I- l
Account Balance: ~ 0
/
City Manager Rêview:
Approved for agenda: r!fß1 NO ðft1
Hold Until:
Agenda Coordinator Review:
Received:
'- , Action: Approved/Disapproved
M E M 0 RAN DUM
TO: DAVID T. Z:~ITY MANAGER
THROUGH: JOSEPH SAF. NANCE DIRECTOR
FROM: JANICE SLAZYK. BUYER ~
SUBJECT: DOCUMENTATION - CITY C MISSION MEETING -
DECEMBER 6, 1994 - AWARD THREE YEAR LEASE
FOR XEROX COPIER FOR POLICE DEPARTMENT.
ITEMS BEFORE COMMISSION:
The City Commission is requested to award a three year
copier lease to Xerox Corporation for the Xerox c::--r.C'C" Copier
,J,_'.J,J
with finisher via Florida State Contract #600-380-94-1 for a
total of $21,24Ø.00 for the 36 month period. ($590.Ø0 per
month. ) This lease includes all necessary supplies such as:
developer, toner, fusers, & maintenance etc., however, it
doesnot include paper.
BACKGROUND INFORMATION:
The Police Department's current lease with Danka Industries
has e;{pired. Currently, the monthly lease is at $655.ØØ
which did not include any supplies.
RECOMMENDATION:
The Police Department & Purchasing Office recommend awarding
the Lease of the copier to Xerox Corporation at a total
cost of $21,24Ø.ØØ.
Attachments:
Memorandum from Police Department
cc: Da.vi d Junghans, Administrative Officer
~.P. l.
,
DELRAY BEACH
f l 0 ~ I () ...
Delray Beach Police Department ......
All-America City
300 West Atlantic Avenue · Delray Beach, Florida 33444-3695 , III I!
(407) 243-7888 Fax (407) 243-7816
1993
MEMORANDUM
TO: Janice Slazyk, Buyer (
FROM: David Junghans, Administrative Office '
DATE: November 14,1994
SUBJECT: COPIER LEASE
The current lease with Danka Business Products for the Support Services
Division's primary copier has expired. The Department has reviewed several
options, and it appears that Xerox offers the best deal.
We had been paying $655,00 monthly plus all necessary supplies for the Danka
lease. The Xerox lease would cost $590,00 for three (3) years and will include all
necessary supplies. The Xerox model we are interested in leasing, model 5350,
is on a State contract, #600-380-94-1,
The cost of a three year lease is $21,240,00. It is requested that you take the
necessary steps to ensure the timely lease of the Xerox copier for the Support
Services Division.
Should you have any questions, please contact me at extension 7852.
DJ/ppt
"
.
. ~~
Oft,> .-
V/·/,...-"
~
, Agenda I tem No, :
AGENDA REQUEST
Date: November 30, 1994
Request to be placed on:
XX Regular Agenda Special Agenda Workshop Agenda
When: December 06, 1994
Description of agenda item (who, what, where, how much): Bid Award -
Nuisance Abatements (Lot Clearing and Mowing) Annual - Contract at an estimated
annual cost of $20.000. for Code Enforcement Division.
Sp;:¡g1111 Tnr111!'1tri P!'I for thE> Di sahled. Inc. as primary contractor and Walcott & Son
~~ QørnnA~ry rontr;:!rtnr, rpr RiA Q~-nl
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to Seagull Industries for the Disabled, Inc. as
primary contractor and Walcott and Son as secondary contractor. at estimated
annual cost of $20.000 from account 001-2741-524-34.30
Department Head Signature:
Determination of Consistency vi Plan:
City Attorney Review/ Recommendation (if applicable);
,
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: '~/ NO
Funding a1 ternative~ ' ~ iJ U(Pl~çaJW)'
Account No. & Descr:w~: Q)(- 2:74-1-b~ UYr OWff\Jt, UL-fAØN6j
Account Ba~7ance: -2lRJ .
City Manager &êview:
Approved for agenda: YES/ NO
Hold Until;
Agenda Coordinator Review:
,
Received:
Action: Approved/Disapproved
.
·
M E M 0 RAN DUM
TO: David T. Harden, City Manager
THROUGH: Joseph saff~ce Director
FROM: Jacklyn Rooney, Senior Buyer t:f-
DATE: November 30, 1994
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
DECEMBER 06, 1994 - BID AWARD - BID 95-01
NUISANCE ABATEMENTS (LOT CLEARING AND MOWING)
Item Before Commission:
The City Commission is requested to make multiple awards to contractors
listed below, at an estimated annual cost of $20,000.00.
Background:
The Code Enforcement Division has need of an annual contract for lot
clearing and mowing, with funding from their operating expense budget.
Bids for this contract were received on November 15, 1994, from six (6 )
contractors, all in accordance with City purchasing procedures. (Bid
#95-01. Documentation on file in the Purchasing Office.) A tabulation of
bids is attached for your review.
The Code Enforcement Administrator and Community Improvement Director have
reviewed the bids, and recommend multiple awards to low bidder, Seagull
Industries for the Disabled, Inc. as primary contractor, and Walcott and
Son, as backup contractor if for any reason primary contractor can not
perform per specifications and/or as work load dictates.
Recommendation:
Staff recommends award to the low bidder, Seagull Industries for the
Disabled, I nc . , as primary contractor and 2nd low bidder, Walcott and
Sons, as backup contractor, at an es~imated annual cost of $20,000.
Attachments:
Tabulation of Bids
Recommendation from Code Enforcement
cc Lula Butler, Community Improvement Director
Richard Bauer, Code Enforcement Administrator
1), p. ~ .
,
MEMORANDUM
TO: Jacklyn Rooney, Senior Buyer
THRU: Lula Butler, Community Improvement Director
FROM: Richard Bauer, Code Enforcement Administrator
SUBJECT: NUISANCE ABATEMENT BIDS 95-01
DATE: November l8, 1994
Based on the tabulation sheets for subject bid, it
appears that Seagull Industries for the Disabled, Inc.
is the first low bidder. ~'\
Assuming Seagull Industries meets insurance
requirements, I recommend awarding the bid to them.
However, I would also award the bid, on an as needed
basis, to Walcott and Son, the second low bidder.
I would like the flexibility of being able to utilize
two vendors as work load dictates. Utilization of the
second low bidder would be at my judgement and at the
prices which the second low bidder submitted.
I assume the bid has to be approved by the City
Commission. If you need assistance on the agenda
detail, please advise.
RB:mh
'f
.
.
CITY OF DELRAY BEACH
TABULATION OF BIDS
NUISANCE ABATEMENTS
LOT CLEARING AND MOWING
November 15, 1994 BID 195-01
Seagull Indust- I Walcott · Son Coastal Const. Ultimate Cleaning
ries for the Svcs. of Boca Service, Inc.
Item/Description Disabled, Inc. 'Qat'"... T......
Category 1- Mowing Va~ant and Occupied Lots:
1. Lots up to
3,375 sq. ft. $15.00 $25.00 $35.00 $59.00
2. Lots over 3,375
sq. ft. to 6,750 $22.50 $35.00 $40.00 $64.00
sq. ft.
3. Lots over 6,750 $26.50 $40.00
sq. ft. to $45.00 $83.00
13,500 sq. ft
4. Lots over 13,500
sq. ft. + $26.50 $40.00 $45.00 $83.00
Flat rate per + + + +
1,000 sq. ft. over $1. 15 /1,000 $1. 75 / 1,000 $1. 50 / 1000 $5.38 / 1,000
13,500 sq. ft. sq.ft. over sq. ft. over sq. ft. over sq. ft. over
13,500 sq. ft. 13,500 sq. ft. 13.000 sa. ft. 13,500 sq. ft.
Category 11- Accumulating and Removing Trash
5. Bid Per Man /
Hour $14.50 / $16.00 / $20.00 / $29.00 /
per man hour per man hour per man hour per man hour
Comments/Exceptions
I I
I \
I i
I I i
! ,
I
\ I
i
, ¡
I
i
I
\
¡
\
, i
!
i
~
¡
I
I
I
I ,
,
!
i
'.
.
~
CITY OF DELRAY BEACH
TABULATION OF BIDS
NUISANCE ABATEMENTS
LOT CLEARING AND MOWING
November 15, 1994 BID 1195-01
Luis Cintron's Ocean Crown
Lawn Service Environmental
Item/DescriPtion Services
Category 1- Mowing Va~ant and Occupied Lots:
1. Lots up to
3,375 sq. ft. $ 77 . 00 $250.00
2. Lots over 3,375
sq. ft. to 6,750 $128.00 $475.00
sq. ft.
3. Lots over 6,750
sq. ft. to $155.00 $725.00
13,500 sq. ft
4. Lots over 13,500
sq. ft. + $177.00 $810.00
Flat rate per +
I 1,000 sq.ft. over $188.00 / 1000
13,500 sq. ft. sq. ft. over
13,500 sq. ft.
Category 11- Accumulating and Removing Trash
5. Bid Per Man /
Hour $26.06 / $8.75 /
per man hour per man hour
Comments/Exceptions
I
I j
I J
I I
ì
I I
j
I
i I
! I
i I
1
I
I
¡ I
I
i
I I
. !
¡ ,
,
,
\ I
I
¡
i
I I
I i
:
,;
- -
...
, Agenda Item No,:
AGENDA REQUEST
Date: December 01, 1994
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: December 06, 1994
Description of agenda item (who, what, where, how much): Bid Award -
Bid #94-52 - Advanced Life Support Rescue Vehicle - National Ambulance Builders, Inc.
at a cost of $91.505.50. Base Bid and Options Band C.l.2
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to National Ambulance Builders, Inc. at a cost of
$91.505.50 Base bid and Options Band C. 1.2
...,,,-,.,,~-
Department Head Signature:
Determination of Consistency
City Attorney Review/ Recommendation (if applicable):
~
Budget Director Review (required on all items involving expenditure
of funds):
Funding
Funding (if ~iCable)
Account 501-3312-591-64.20 6A-¡eA6r;~ Of1ÆorllJ~
Account
City Manager Rêview:
Approved for agenda: gSJ NO {tJV(
Hold Until:
Agenda Coordinator Review:
.
Received:
Action: Approved/Disapproved
,.
M E M 0 RAN DUM
TO: David T. Ha~: Manager
THROUGH: Joseph Safford, ce Director
FROM: Jacklyn Rooney, Senior Buyer ~
DATE: December 01, 1994
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
DECEMBER 06, 1994 - BID AWARD - B~D 94-52
ADVANCED LIFE SUPPORT RESCUE VEHICLE
Item Before Commission:
The City Commission is requested to award a contract to low responsible
bidder, National Ambulance Builder3, Inc. , for the purchase of an Advanced
Life Support Rescue Vehicle at a cost of $91,505.50.
Background:
Bids for this contract were received on September 29, 1994, from four (4 )
vendors, all in accordance with City purchasing procedures. (Bid #94-52.
Documentation on file in the Purchasing Office.) A tabulation of bids is
attached for your review.
The Fire Department has reviewed the bids, and recommend award to National
Ambulance Builders, I nc . , in the amount of $91,505.50 which is the base
bid price and including Options Band C, 1. 2, per attached memo.
Recommendation:
Staff recommends award to the low bidder, National Ambulance Builders,
Inc. at a cost of $91,505.50. Funding from the Vehicle Replacement
Reserve Account.
Attachments:
Tabulation of Bids
Recommendation from Fire Department
cc: Robert B. Rehr, Fire Chief
Michael Wigderson, Asst. Fire Chief
<8, f. 3 .
,
~
[IT' DF DELIAY BEA[H
FIRE DEPARTMENT SFR !~ ( ; fl HI\') BFACH . ',¡I.IU í R E j\ M . HIGHLA,ND BEACH
DELRA Y BEACH
f I 0 I IDA
.....
AI~America c;
"lIlmME MORAN DUM
1993
TO: JOSEPH SAFFORD, DIRECTOR OF FINANCE
FROM: ROBERT B. REHR, FIRE CHIEF
DATE: NOVEMBER 30, 1994
SUBJECT: RECOMMENDED AWARD OF BID
ADVANCED LIFE SUPPORT VEHICLE
As you know, the Cities of Boca Raton and Delray Beach jointly developed
specifications for Advanced Life Support Vehicles. Bids were solicited and these bids
were evaluated by the appropriate technical and administrative staffs of both agencies.
We recommend that a contract be awarded to National Ambulance Builders, Inc.
of Orlando, Florida, in the amount of $91,505,50 for the Delray Beach unit. This price
includes the base bid and Options B and C, 1.2. Funding for this vehicle is available in
Line 501-3312-591-64.20 of the current operating budget. The exceptions taken by this
vendor are minor in nature and are acceptable to the purchasers, This equipment will
replace a current reserve vehicle originally purchased in 1990
Boca Raton will be making a similar award through their City Council in the near
future. This process is an excellent example of interlocal partnerships producing cost
savings and a more efficient product which will serve the interests of both communities
in the event of a major emergency, and even through routine, day to day assistance
between the communities.
i IHI' I ,-':\Hil\1Er'iT HU·[¡()U/,HifriS· ' 'Ill Sf /,i L /\I~ II fWE: I'JU I: · DELRAY BeACH FiOF~iDt, 3:3444
/¡O//2,¡ ,¡OO· :=;UNCOM \1:'8 740U · F/\X 4()7!243-7.161
r··: Ii':', ",'.,·c'(J f)at)~','
.,
-
Joseph Safford
November 30, 1994
Page 2
Both Fire Departments have finalized their recommendations and indicate by their
representative's signatures that the product recommended for contract award meets the
joint and individual requirements of the agencies
fdw- jj /1k- ~9 ~.L --
Robert B. Rehr Kerry^B1.oen
Fire Chief Fire Chief
City of Delray Beach City of Boca Raton
RBR/mmh
Attachment: Bid Spread Sheet
'.
4072437166 PURCHASING-O~FICE 109 P02 t-4OV 30 '94 10:45
C I TV Of' DElRAV 8ElOi
,
TABULATIQoI OF BIDS
BID W4-S,2
(tiE (1) ~CED "US St.FPlRT RESCI./E VEHICLE
SEPT. 29. 1994
Na1:ional Southern First Response Emergency One
VeHC!CR HtIIIME: Ambulance Ambulance Inc. Inc ... Elite
Builders. Inc. Builders. Inc. Fire & Safetv
A. OlE ~eo I.IFE
~T RESCUE YÐiICLE $96.005.50 * $99,644.00 $109,665.00 $112,382.00
Tm'AI.. BASE UofIT cϕ
BFWfD.IKX)EL 1995 InternatioD~ 1995 Navistar International Eœ.el'gency- One
al 4700 LP v/** 4700 LP w/* 4700 LP Custom 162
Stree Warrior
DELIVERY iIl'IE 120 days after 90 days after 90 days after 90 days after
receipt of PO receipt of PO receipt of receipt of PO
**1\ chassis
8. va\lICL£ 'mADE 1M - $5,000.00
~nQol (1990 FCFO - $6.000.00 - $5,000.00 - $10,000.00
~-350/1990 E.V.F.)
c. tqITIeJoIAL ~T ~
1.1 TEU'IA SRAΠ+ $7.500.00 + $4,395.00 $4.000.00 each + $6,724.00
RETARDER SVSTEM in bid
I
1.2 EXTENDED WANWCTV -
, + $1,500.00 ... $1,814.00 $1.500.00 each + $1,900.00
in bid
.. .
1. ~ CPR/AI.S $eAT
-0- nlc no charge no charge
1.01 1)«J (2) KIO<ER n/a Pricing not
~ ATTEH~T available $900.00 each + $200.00 *
RESiRAIHT SVSTeJotS in bid
I
i
FIRM PFUCE Pm A psuce OF
10 I'Otnis FRj o DATE Of AWMD yes yes yes yes **
CXJoI'IENTS/EXCePTIQf$ **. w/National :, *with Southern * Mounting plaœs
Sovereign" Module Conver- only
· Rescue/Aœbulance sion ** exc.ept
** after receipt chassis
of chassis. See deviation
Chassis delivery list
apprx. 6 months
*Aluminum Hexcel
cabinets deduct
I $3,225.
,
I Inspection trip
, deduct $1,000.
I
, Performance
¡
I Bond deduc.t
(
, $1 ,800.
I ~ 9/5"ðÇ, ýó
i 7Õ-rALCð~T
J
,
____..... &J.~_. .. ........_ 't.:.I vv...
.
..¡ "p . . . -
- ,
National Ambulance Builders, IRe.'
230 No~ Ortman Drive e. OrI$do, Fl3280S
Phone: (407) 299-0064· Fax: (407) 291-2224
-.. -
,.. -. . -'... . þare r ~~~-'~sheet ]
FAX TRANSMrITAL 11/29/94
.,
:
TO: CHIEF MICHAEL WIGDERSON . . ,
.,. .
~ WAYNE STOWELL ¡
()1v.[: . DIRECTOR OF RESCUE SALES .
lJJ~ ~'6-KJ~
CO.M:MENTSlREMARKS:
REF BID 94-52
.National Ambulance Builderst Inc. will extend! the bid
price until Mar~h l~ 1995 on the original PUr?haSe~ and
, wi'll also honor the ten month IIAdditîonal Purfhasesll
provi 5 i~n. Of thi s b.i d.
i
. _.
.
--
Please call if t:G3.nsmission not received in. its entÌJ:ety. or if pages are ~Qt clear and legible.
.,,;
,
·
Agenda Item No, :
AGENDA REQUEST
Date: 12-01-94
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: 12-06-94
Description of agenda item (who, what, where, how much):
Purchase of two (2) FM Antennas (Persoft Intersect Wireless Bridges) at a cost of
$13,895.00 (fully installed) from sole source vendor FM Associates Limited with funding
to come from 441-5161-536-64.90. See attached back-up memorandum.
ORDI~CE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:
Approval of the purchase of two FM antennas from sole source vendor FM Associates
is recommended by the Director of Finance.
Department Head Signature:
Determination
n/a
City Attorney Review/ Recommendation (if applicable):
n/a
Budget Director Review (required on all items involving expenditure
of funds):
Funding available, ~ NO
Funding alt~rnative , (if applicable)
Account No. & Description: 441-5161-536-64.90 (Other Machinery and Equipment)
Account Balance: kСØð
City Manager Review:
Approved for agenda: e NO 8fV'f
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
,
MEMORANDUM
To: Manager
From: . nance Director
Date: December I, 1994
Subject: Purchase of a Wireless FM Antenna Bridqe (Remote Lan
Communication Device) to Serve as the Communication
Lan Between ESD and the City Hall AS400
The Environmental Services Department currently communicates to
the City Hall AS/400 through a Wall Data gateway which is
obsolete in that it was originally acquired as part of the
System 38 to service the Purchasing Division that was housed in
the Public Works Complex. This gateway was never intended to
support the ESD LAN which consists of forty (40) personal
computer work stations currently on line in ESD and Public Works
and was never designed to communicate with the AS/400,
This communication gateway consists of a personal computer with
a gateway card, gateway software, work station software, and a
modem. The modem is operated by way of a Southern Bell analog
leased line with a data transfer rate of 9600 BPS (bits per
second) which is entirely too slow for data transmission that is
needed to support the current and future needs of these
entities.
A third problem is that this communication gateway software does
not allow personal computer application file sharing from the
AS/400 or from one LAN to another. In addi tion, the personal
computer software cannot be administered centrally using the
AS/ 400. The emulation software (PC/Support) must be installed
and maintained on the LAN server and then distributed to each
individual unit which is extremely time consuming. This gateway
software will not operate at all with the latest version (3.1)
of the AS/400 operating system that is scheduled to be placed on
our AS/400 in the next fiscal year.
Other problems inherent in this present LAN gateway system are
that Office Vision and other applications are not displaying
correctly. As a result, documents or notes sent from Office
Vision cannot be displayed. The HTE Budget Application contains
fields that do not right-justify correctly which causes numerous
support calls during budget preparation time from MIS personnel.
In addition, this gateway software only recognizes one type of
printer which means that not all printers function correctly in
this area which is especially limiting during budget time and
during large printouts. Initial sign-on procedures are locking
up and an operator must cancel the "locked" job before a work
station session can begin. Current software leaves temporary
files on the hard drive if the personal computers are ended
improperly causing MIS staff to be used to periodically remove
these files. Personal computer file transfer functions are not
operable so that the HTE Fleet Management fuel transactions for
example must be transferred to diskettes and taken to MIS in
order to be transferred.
Õ. f. 'I.
'.
Page 2
The MIS Division has limited personnel resources and this
communications gateway has caused inumerable service calls and
significant resource committment to "make do with what we have".
The solution to these problems with ESD is to purchase two (2)
FM Antennas (Persoft intersect wireless bridqes), one to be
placed on the Central Fire Station and the second to be placed
at ESD. This is a hardware bridge which means that ESD will be
directly connected to the AS/400 LAN at City Hall. This bridge
is not software driven and thus does not have the current
gateway software problems that are causing us so many problems
and means that the ESD systems will be compatible with any new
operating system software added to the AS/400 next year. This
bridge is similar to a direct fiber optic line only at less cost
and with some distict advantages over a fiber optic alternative.
The antennas can be installed to withstand hurricane force winds
or can be easily taken down and reinstalled after a hurricane
which would not be the case with telephone lines or fiber optic
cable lines.
The communication speed of this new equipment is 200 times
faster than the communication speed of our current equipment.
This new equipment will allow centralized software
administration from the AS/400 and MIS LAN which would mean that
all employees would have access to the latest versions of
software and file transfer compatibility would be assured. This
system would allow us to define a variety of printers unlike the
present system which only allows for one type of printer to be
defined.
This antenna system has been fully researched and has been
installed and proven on a demonstration basis. We would
recommend purchase of these antennas immediately prior to
expending any further time attempting to correct current
problems with the present systems located at ESD. The cost of
these two antennas, fully installed, is $13,895 and the funding
is available in account number 441-5161-536-64.90 Other
Machinery and Equipment. We would ask that this item be placed
on the agenda of December 6, 1994 and approved as a sole source
item since FM Associates Limited is the only authorized
southeast distributor for these items.
We have attached the price quote and other relevant data
regarding this system for your review.
Attachments:price Quote from FM Associates Limited
Articles on Persoft Intersect Remote Bridge
References of Other Users
cc: William Greenwood, Director of Environemental Services
Richard Zuccaro, Information Systems Manager
Purchasing Division
,
.
""ðT ~rl<J~ ClI>. ~.Ol""
CWlLANOO, rL01\IOA ~H6',\7Oð
..,744,-ðTI0
PO&T Of"C&:,O:O: ~~
JUI'IYII\,'L. lOA ~~"
4.Or.r....'OM
I'QOT OI'rlCC .,,~ 1 »-<
P,IMoI HAA~() \, FlORIOA ~M2
.u-nl-~$4
FM A8S0CIATt:S LIMITED
~L(C:'r""ij'·,.IJC M.NU"..eTUI"'\e:".~ ~C:~"~~Ch/T,A,"IVt:~
----_.~-+_._--_._---_.._---_._---------- --. -.. . ---_. --- - -'- -------- -.~---_._------+~-_.....------._-~---...~-
rtelr-pt'Jr.fql
POST Or-FlCE BOX 5'i:':;/¡;:1~
ORLAI~DO . FLORIDA 32859-37e5
F>H('J{\. E 407-851--571 e
FAX:407-851-5716
TOI \3n~g We 1 ch cm1PA~-J'( : City of Delray Beach
~ROH: 13111 Mcclain FAX t'-JU~1BER: 407-243-3774
DATE I Novemb6r 4, 1.994 '"..JCJ. OF PAGES~ 1 page
SUBJECT; Price quote tor Pe!'l!Iott, ToKen Rlng remot.e radio bridge
ðyðtom, POl- ve:rbal 1 toIqut;,)::st 11-;¿-94
UNIT
LIST DISCOUNT
ITEM QTY lJESC}{lPTIU,N PRICE . TOTAL
---- ---~ ---------~---~~..,'.~---------------_._-----~~------- - -....."'--'-......---- ....__,......... 04'-~__....... r'_' ~
1 1 Persoft Remote Radl0 Token Rlng Bridge $13,,990 $12,=n2
System. Mode 1 ; INTT
Include~ two bridges, softwaì.'~, accessory
¡,; at,} "t! , manua I, and ottJer ClITIa 11 IHirc1wàt'6.
2- 2 Luw 1058 RP' cable5, 100 fo(;t, , 'f ~i ohms l<Je 35b
Mode 1 ; NETW-O-838
3 ;2 High-Gain ten element Yagi antE10na 198 '297
Mod tll ; NETW'-O--e43
4 lot, Ma8t (10 foot) for antenn¡;¡. wi th tl: 1 po(1 amJ 130
anchoring device~ (l.Juth ends)
5 In::d:allatlQo: Antenna and mast i03tallat1on. 800
run RP' cables and hOOk-Up, connect to TR"
ç;vnf1gur-e radio bridgee, verify proper
operation With TR, and instruct City on
r-adio bridge operation.
6 Salee Tax MIA
-, -1'o-t-a ì ë-oš:C-deYI \fered a.nd lnstalled at both -;Tfesfn--D8í!~8y'- - .. . ..~~._-_.- ...-.---- ~--"~'-"'-'",",,---
$13,895
D~ 1 i V!H-Y iB 10 day~ or 1€19$ a. fter- reel!! 1 p't ot orelat' .
As a reference you may cali Laura Poters at the City
of P\.lnta Gorda.. She has been u:s1ng thle same sYBtem
for over a yoaI:-, Her numlìer 1s 813-575-3333,
SIGNED ,(!i/.-~7.,.d_l!!~_,f!~~__ TITLE jJA~t______ DJ:\TE </~/~~t
.
-1 ..." -¡ L_, ... _ t.1< .~1l. ¡; j II \_ . --+ ,
INTERSECT¡~
RO\t~OTE BRIDGE
INTERSECT RE/v\OTE BRiDGE - Ethernet INTERSECT RENIOTE BRrDGE - Token Ring
Teçhnical Spedfic:òtiQns Te<hnical Speáfìcations
Medio Support: Thick, tnin, ond twisred-¡:;cir medii; Media Support: Type 1 shi';?/ded rNistec'poir medic
types types lany type 3 unshie!ced twistec
Range: Up to three miles between InterseCi pair with boiur.J
Remote 8ridges Range: Up to three mil"..'s bet....veen lniersecr
Maximum Throughput: 100% utilizo::on of 2,0 Mbps ~er.lote Bridges
Pecket Format Any yciid IEEE 802.3 o~ ~:herrÌet Maximum Throughput: ¡ oœ~ uiilizG'Îor. of 2,0 Mbps
frame lTom c minimum of 6L OCi!;!:S Pocket Format: Any \lc:id IEEE 802,5 sourç¡: rou1'3C
:00 moxit.':ul'r'l or 1518 oeres. home from a minir:".vr., oi 1 8 octeis [0
including CRC 0 mcxir.wm of 4504 Deets
System Requirements Sy$fem Requirements
:ntersecr Rer.1ore 8,¡dse ÇO:"lnOC:S Ç: ~iílgle lAN segment 0: C Intersecr Remote Bridge canoec:$ 0 Sirlgie TOK,",n Rirc or c ~ime
Ii:,:,:;; wher. U5E-a in cO;liunction wiCh cnotn.¿:r such licemed ~'ni:. when us~ in coniunction with enorher such licensE..d '.Jni:, To
T Q connecr two p~ysicclly sepcrated Ethernet lANs, 0 minimum cor,nect !'No physitclly separated Token Ri:'1g LANs, 0 n¡inimurn
d rvvo Intersect Reii',o~e Bridge units ere required. Oiher. of two Intersect Remote Bridge units ore required, :i"llerS2ci
configurations con O~ used; cantoct Persoh for deloib. Remote Bridge-Token Ring is said in pcirs or.ly,
Product Components Product Components
· Intels~cr Rer.1ote ßridge . Inlersect Remote 8ridge
· One omniciiredioncJ antenna with rive-feor cQaxiel ccble · One omnidirectional onrenr.G witn fiv",-foo~ cüGxic: cc~"e
· One direcrio;,¡c! c:"I:enr.a with 3 3-ica: ex:ension ccole · One directiond antenna wirh 33 -Foo: exiensior. coStE!
· RanseFinder softwcre for oprimizing antennc dignment · Ro(\geFinder software for optimizing cntenno O!i0'-,i':',elit
· [:'1!2ISe<..."t Remore Sriege User Manuel · I(\te¡seçt Rer.1ote BridgE> User Manuc\
ucense Ucense
. licensee for t;$e in r~e Ur.ìrec Src:e.s. Ccnece, end Mexico, · Licensed for use in the United S;çte,s, Ccncdc, cr\d f./"f:;xico
Internctionc! ç:,¡s:omers, cell Persc~ for r.1or€ inform::tion. International custOr.1ers, coil Persort fa: more inbrmc!ìon
II. Jl L I-I rr.:
i~¡ ~~~B~ ~1.-.. _ :~ ~
I';:' ~ ~ E,"-el ¡-.- G I To""" "ns I"r.: ¡u¡¡ I
.___.........,_..- .-_. _' I ....::::=...:.......-~~
,"~~ I !7!.,. I III E~~- ~~~~
~. .", IIIIII'IIF""I'
I· ) ulIum ;
i I ::;;~::: 'I
lí",ì~- ,I
~ 1 .~
~ .! i~i l.1
_~ -:== INtERS.ECT ,-?"=".:.::;.~
"I=_&œ' II I '-I:::_&5eI, ! F_.!!ØII ~r:,,;<IOGE ~.'I::_.:.'J~
~ _, r-:~1Ø. I ~1C:~ - .....',,=.-:.;¡;..,._.
~~ ,¡ :!:' -~~. - .- "--.~-"",ª,,,:.
Sp-e-.:i:iccricr,s ~ubi€ct 10 c;hc:nge wilno'Jt n,Jr:c~. . _, ,_, . .' . ,
?er:.oí¡ i.=. c rC'Si~:¢rcd :rc:::e:;-.=¡I( end \."1:cr~e-:;1 i:. ';l !c:;:d~rr.:':';tK. c:.f ?er:.ca, !.r.ç .~¡ ç.:~çr pmçHJ~t~ ç~d ~Çr\lIC;Ç:; ITh:::n!¡oncO erE;' ¡:J;o;JE:'r.-;~:; o~ ~ÏI'2lf f'2'SP"::o::'li'le C·Ni,t:::::'.
C i 992, ?~~sah, Inc, All i:igh:> Rè.:ieNeð. 9/92
persolf'
CONNEC1WfrY SOLUllONS
DOS. W¡¡:btl5 . E:i1erner . Token Ring
Pers:;.>::, Ine.. .165 Scié"'G~ Dr" P,O, 30:<. ,1.4953. tv\cCiso i"l, 'vVis'consin 537.1L-.1Q53 U.s.A., Phone (6081 273'ÓJOO, rc:, (60S) 273,8227
Europeçn H~dquO,1Sr$, Vvcrld Troce Ce~ler, BeUfspk~in 37, p,O, Box 30237, 3001 DE Rçlterda:I', "1-,e l'~eth"r!CJ~d:,
... -...... _-..........-~-. - '"", '\;-\..1"\;::;::"-7"
'.
Token Ring
Technical' Spec ifications
RF Transmission Antennas
Data Role 2.0 Mbps Indoor Omnidirectional Bí-Polar
Modulafion T ecnnique Spread spedrum DQPSK Range 800 feet
Protocol CSMA/CA Gain 3 dBd
Frequency 902-928 MHz Mount 1 800 bracket
Power 250 mW (24. d8m) Four-Element Directional Yogi
Reçeiver Sensitivity .72 d8m Range 3 miles
Gain 6 dBd
Token Ring Interface Mount 3600 pole mount
E·Plane 65°
Deto Rate 4/16 Mbps H.Plane '1050
Media Types DB-9 Type 1 Shielded Front/Bock Rano 16 dB
twisted pair Polarization Vertical
RJ45 Type 3 . VSWR <1.5 to 1
Unshielded Iwistedpoir, Antenna Coble
supported witn media filter Type RG-6/U cooxic!
Packet Format Arty valid IEEE 802.5 Jacket Plenum rated
source rOLrted frame [22- rmpedance 75 Ohm
A-508 odel's, inçk,ding CRC) Attenuation 6,9 dB/lOa feet
Shielding Duo-foìl braíd (98%)
Mechanicals L$ngth 33 Feet
Power Consumption 200 Watt switching Management
power supply vr terminal interface for remote bridge configuration,
115/230V
Power Fa¡[ure Re<:overy ~ss thor1'one minute monitoring, and RangeFinder link diagnostics via
Operating Temperature 41·110of 2400 baud intemal modem or 19)00 baud RS-232
Humidity level 95% non-<::ondensing interface
Dimensions 4.00"H x 16.2S"W Custom Components
x l5.75"D
Weight 18_25 Ibs. · DES Encryption
· RF Filters
· lightning Arrestors
· A!ternanve Cable and Antenna Options
Po¡>rSOM OGe In:er!2<:r are re¡;i5lered 1rQ¿emari<;.s of Persoft, inc. AJI other products ¢oc :¢:viç~~ mentioneå ore prc:p"ni~ of Ih"ill"'!P~I;v.. ¢wn".r,~
(~ì 993, ~e~cf:. Inc. All rights reserved, Teç¡,niCQI ~pcçi¡jcatjon~ subject fa chang"" 11/93
persu/f'
CONNECTIVITY SOLUllONS
DOS · Wir.cows · Ethemet · Token Ring
?e(~c:~!, i:-.t." 46.5 Sçienç~ Dr" P.O, xx ~~953, ¡V!Ùdi.:Dn, \i\.lLsc:mjn 53ìU~¿q5J ~.S.A. ,Jh:,)/,}9 !BCG]3ó8-5283 iÖO.s,; 273,-':'0(\). Fcx:ÓCS) :7':,;:,;~27
:lJroc;-eQn Heod;:;"c~",(~, 'Norl:! ¡'Gee (en:"" :,eo,,>p;ein 37, ? Q, 3c" ]0237. 3001 D: 2';Jr1eJçç1r". '¡l~ N~,';'.çr!çc,ç~,
thór;c. ~,~ 1 ::; ¿05..356Cì I I.J) ':~,': '·'·5.5C;/::
,
.
Questions & Answers
~-
h:e'$<;:d Remele Bridge is 0 wireless remore b(idge fo( connecting ~ANs up to three miles cport or 2,0 Mops,
. : .. . . . .
Inte:"sed Remofe Bridge uses spread spt;:etrum r9dio frequency operating at 902 MHz to 928 MHz,
-
The standard product is rorad to conned LANs up to three miles cpcri.
. .... . .
- , ~' '., 20Mb
I ne speea 0, tn:::îSffiI5510n 15. ps.
. . . ,8
U,,[ike microwave and inFrared devices, Inter$eÇlRemote Bridge does not require an exact line of sight.
-~-- i
".3.
.. .
Persoh manurac:ure.s Etherner olid Token Ring versions of In~érsect Remote Bridge, E6Sh ':1ersíon su.;);)c;r¡s 011 ¡¡""¡Nork
protocols end c:11 nelWork. operating systems in its environm~nL ::\:;,;
,.,d
. . . . . . . .
Fort,me 500 companies. universities, and the U,S. milìtary ore sarne of Persoft's customer5.
. . . .1-. . , . " : . .; .- . .
Persorr int:'::Jducec1 Inter.¡ect Remote Bridge in Februol)' 1991. Jt was the first bridge product u,<,ing spreod spc-ctrum
teÒr,ç[ogy te be developed in the United State~,
,
~-'"
, .', ,
. . . .... _ ~ . r.~'· -. . . - . . -
It Speed. At 2,0 Mbps, Intersect Remote Bridge is foster then conventional T1 phone I¡ne~s,
It No licensing reqvirements. Microwave products require 0 lengthy approval process.
It Complete solution. Microwove ónd Tì products requír~ the purçhóse of cdditiond expensive bridging
equipr.,enr. 11",lersOO Remote Bridge indudes 011 the required components: the wirdess link ond the high
perror:ncnce bridge.
It Cost sQving.~_ Interseçt Remote Bridge offers the /owest startup costs çompored wilh m:crowQve, ir.frared. or T1
p,",one tin':;:$. Unlike Tì phone lines, there ore no monthly chorges oS.$Ocicted with Intersect Remote Bridge,
.,
?~~.:¢:r Or"l~ I~~~~c<;.: ::;r~ r~i~:c~~ :r:~~¿O'01crk:i or Per~o~. Inç. AI! other pro:i(,,¡:~ and :¡r:r...ic;~ mcr.:¡ç'n~ ore prcpe~il?:; or :~ei; r~5pec~¡v~ cwr,erS.
i: ì 993, ""rsoh In:, ,;1: ;:igh:s Ke.servea. 6/~2 perSD/f<
CONNECllVITY SOLUTIONS
DOS · WindCJ1ll5 · Ethemet · Token Rina
~
r'1.rs:;~. IGç, 4<;5 Science Dr.. PO. Sox ~953, ,'¥1od¡~cn. Wi<,ccr.sin 53744·4953 U.S,A, Fr.one (BCQ 366,5233, (6GS) 273{;G,J2, r:::;x ¡òC2) ::13''3227
='Jf()::;o,:cn rlec:dq<Jc~er.;, Wcrld T rode Center, Beur:;p:e'n 37, ~O, Box 30237, 3CQ 1 D~ Kr::H",rd:::n1, ïhe >bm,",icn'::is
i'hone ...31 10405,3560, :':C'< +3 ~ ~ 0.::05,5073
City of Delray Beach Florida
Technical Proposal
-----------------------------------------------------------------------
Reference Analysis
--------------------------------------------------------------~--------
Reference: City of Punta Gorda
Contact: Laura Peters - Telecommunications Specialist
Phone Nbr: (813)575-3333
Remarks: Purchased and installed Token Ring units two years ago.
Bridging two token ring networks connected to an AS/400,
Is using IBM Pc Support to make a local connection. Is
using IBM Pc Support update function. Communicating at
a distance of one mile, Has not had any problems.
Reference: City of Apopka
Contact: Donald Kahrs - Data Processing Manager
Phone Nbr: ( 407)889-1751
Remarks: Was not available,
See attached information ~rovided by vendor.
Reference: Naval Air Warfare Center
Contact: Larry Cruse
Phone Nbr: ( 407)380-8525
Remarks: Tested and evaluated Ethernet units in multiple
locations. Purchased several units,
Tested at a maximum distance of two miles and found the
units more than adequate.
Reference: Orlando Utilities Commission
Contact: Ron Parks - Management Information Systems Director
Phone Nbr: ( 407)423-9100
Remarks: Tested and evaluated Token Ring units at a distance of
500 yards, Found speed to be better that fractional
Tl telephone service. Unit passed the evaluation process
and are highly recommended,
Management Information Systems (407)243-7140
TP941028AO/WELCHGA/QTXT - 4 -
'.
.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t71ul
SUBJECT: AGENDA ITEM # c¡ 11 - MEETING OF DECEMBER 6, 1994
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: DECEMBER 2, 1994
Attached is the Report of Appealable Land Use Items for the
period November 14 through December 2, 1994. 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.
1<~ <+- F i-o
,
·
".' .'
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID/To HARDE~~ER
THRU: DI E DOMINGUE , DIRECT R
tb~:~ ~
FROM: JASMIN ALLEN, PLANNER
SUBJECT: MEETING OF DECEMBER 6, 1994
REPORT OF APPEALABLE LAND USE ITEMS
NOVEMBER 14, 1994 THRU DECEMBER 2, 1994
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 November 14, 1994, through
December 2, 1994.
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:
l. 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 December 6, 1994
Page 2
PLANNING AND ZONING BOARD MEETING OF NOVEMBER 21, 1994
1. Approved (6 to 0), with conditions, a conditional use
modification associated with the expansion of the
convenience mart for the Speedway Service Center,
located at the southwest corner of S.E. 6th Avenue and
S.E. 2nd Street.
The Planning and Zoning Board also considered the following
items which will be forwarded to the City Commission for final
action:
* Recommended approval (6 to 0) , of the Final
Subdivision Plat for Estates Mango de Paris, located
on the west side of N.W. 4th Avenue, between N.W 12th
Street and N.W. 13th Street.
* Recommended approval (6 to 0) , of a conditional use
request to allow the establishment of a parking lot
within the Old School Square Historic Arts District,
located on the east side of N.W. 1st Avenue, across
from the Community Center.
* Recommended approval (6 to 0) , of a rezoning to POD
(Professional Office District) from NC (Neighborhood
Commercial) for a parcel of land located at the
northwest corner of Seacrest Boulevard and N.E. 22nd
Street, across from Atlantic High School.
* Recommended approval (6 to 0) , of a small scale FLUM
amendment from General Commercial to Medium Density
Residential and rezoning from SAD (Special Activities
District) to RM (Medium Density Residential) for a
parcel of land located on the east side of U. S.
Highway No. 1, immediately south of the Delray Swap
Shop (former Marina Cay site).
* Continued (6 to 0) , to the meeting of December 19,
1994, consideration of a conditional use request to
allow the establishment of an adult day care facility
and associated services on the Lee Property, located
north of Atlantic Avenue and west of Barwick Road
(immediately west of Gallager Road).
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF NOVEMBER 16,
1994
A. Tabled (5 to 0) , the elevations for a perimeter fence
addition to Chez Zette, located on the southeast
corner of W. Atlantic Avenue and S.W. 6th Avenue.
'!
City Commission Documentation
Appealable Items Meeting of December 6, 1994
Page 3
B. Approved (5 to 0) , with conditions a request for an
elevation change for the addition of an awning at
Splended Blended Cafe, located on the south side of
Atlantic Avenue, between S.E. 4th Avenue and S.E. 5th
Avenue.
C. Approved (5 to 0), with conditions the landscape plan
for the Roadhouse Grill Restaurant, located at the
southeast corner of the Delray Mall and adjacent to
the intersection of Linton Boulevard and U.S. Highway
No. 1. Concurrently, the Board recommended to the City
Commission approval of the building elevations.
D. Denied ( 3 to 2) , a request to change the approved
landscape plan for Linton Center, located at the
southeast corner of Linton Boulevard and U.S. Highway
No. 1.
E. Approved ( 5 to 0), a request for an elevation change
for the addition of an awning and color change to
Spraggs, I nc . , located on the east side of N. E. 3rd
Avenue, north of N.E. 3rd Street.
HISTORIC PRESERVATION BOARD MEETING OF NOVEMBER 16, 1994
x. Approved ( 6 to 0) , with conditions a Certificate of
Appropriateness for a Site Plan and Landscape Plan for
Currie Residence/Office, a mixed use development,
associated with the conversion of a single family
residence to a combination of professional office and
residence, located at 134 N.E 1st Avenue.
Concurrently, the Board recommended that the City
Commission approve a request to waive the requirement
to provide a 5' landscaped area along a portion of the
north property line.
Y. Approved (6 to 0) , the Certificate of Appropriateness
for a sign for Busch's Restaurant, 840 E. Atlantic
Avenue.
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachment: Location Map
!
.
. .
LOCATION MAP FOR
CITY COMMISSION MEETING
OF DECEMBER 6, 1994
L-.w CANAL
.-.-.-.-.-.-.-.....-.-.-.-.-.-.-. co
I III ~
! ~ ~
. .J ~ :J
C i
.... z
~ Ii!
z
,...-.-.-.-.-. ~
f co
c
0 LAK[ IDA ROAD
It:
i
i '"
u
f ¡
I III:
<0(
I ..
k-'-- NW2ST
L...__._.J'-'-'"
. I
I . !
I L._._.__ - ç-'-'-~
-
r·....· I
L._.
I III III
i > ~
r·-·-·..I c
. .
I co
i III: ~
i c ~
~
i ....
¡ ::;)
LOWSOtl BOULEVARD Ii
S.W, 10TH STREET
co I
I 0
i 0
i ~
::IE
I 0 I
X
-.-
I !
I
,...- I
1...-- I
i I i
1.1..J I .
~ ~ ~_._._~
-< .
~ 5
., 2 I
III i
.-.-.--.--.-.-.-.-.-.----.--.-.-.-------.
l-JI CAllAl
S.P .RAS. . P. & Z.:
ClIY LIMITS ----.---. .
A. - CHEZ ZmE 1. - SPEEDWAY CENTER
8. - SPLENDID BLENDED CAFE
I MIL! I C. - ROAD HOUSE GRILL RESTAURANT
I D, - LINTON CENTER
SCALf E. - SPRAGGS, INC, H.P.S.:
N X. - CURRIE RESIDENCE / OFFICE
- y, BUSCH'S RESTAURANT
CI1Y OF DELRAY øu.cH, Fl
P!ANNINO DEPARIUENT
-- OIGIrAL S4S£' UAP SYS7'EM --
., .
,
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER!,¡t1
SUBJECT: AGENDA ITEM # 96 - MEETING OF DECEMBER 6. 1994
ARCHITECTURAL ELEVATIONS/ROADHOUSE GRILL RESTAURANT
DATE: DECEMBER 2, 1994
This is before the Commission to consider the architectural
elevations for the Roadhouse Grill Restaurant to be located at
the northwest corner of Linton Boulevard and Federal Highway
(vacant outparcel at the southeast corner of the Delray Mall) . A
detailed staff report is attached.
At its meeting of November 16, 1994, the Site Plan Review and
Appearance Board considered the proposed elevations, and voted
5-0 to recommend approval to the Commission based on positive
findings with respect to LDR Section 4.6.18 (B) (13) (b) . Although
the proposed elevations will be incompatible with the shopping
mall, the restaurant will be complementary to the overall center,
subject to the modifications outlined in the staff report.
Recommend approval of the architectural elevations for the
Roadhouse Grill Restaurant, subject to the findings and condi-
tions recommended by the Site plan Review and Appearance Board.
~ 5-0
,
·
~~
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: MANAGER
THRU:
FROM: A. COSTELLO
PLANNER
SUBJECT: MEETING OF DECEMBER 6, 1994
CONSIDERATION OF ARCHITECTURAL ELEVATIONS FOR
THE ROADHOUSE GRILL RESTAURANT TO BE LOCATED AT THE
NORTHWEST CORNER OF LINTON BOULEVARD AND FEDERAL
HIGHWAY (DELRAY MALL OUTPARCEL).
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of architectural elevations for a proposed
Roadhouse Grill restaurant, pursuant to Section
4.6.18(B) (13).
The subject property is a vacant outparcel located at
the southeast corner of the Delray Mall development
and adjacent to the intersection of Linton Boulevard
and Federal Highway.
BACKGROUND:
Pursuant to Section 4.6.18(B)(13) (Outbuildings and Shopping
Centers), outbuildings within a shopping center shall be
compatible in terms of color, materials, and architectural
style. The Site Plan Review and Appearance Board shall make a
finding of such compatibility prior to approval of outbuilding
elevations. If the Board determines that there is not
compatibility with respect to any of the items, then it shall
deny the elevations. However, if the Board feels that despite
the incompatibility the elevations should be approved, they
shall forward the elevations to the City Commission with a
recommendation of approval, and the City Commission shall take
final action.
The development proposal is to construct a 7,774.67 sq. ft.
restaurant known as the Roadhouse Grill. The proposed
structure will have a rustic architectural style with wood
siding, which is incompatible with the architectural style of
the mall. An analysis of the elevations is found in the
attached Site Plan Review and Appearance Board Staff Report.
'.
·
City Commission Documentation
Architectural Elevations for Roadhouse Grill
Page 2
SITE PLAN REVIEW AND APPEARANCE BOARD CONSIDERATION:
At its meeting of November 16, 1994, the Site Plan Review and
Appearance Board considered the proposed architectural
elevations for the Roadhouse Grill. There was a lengthy
discussion regarding the design elements and color of the
structure. The Board then voted 5-0 (Mr. Sheremeta and Mr. Toth
absent) to recommend to the City Commission approval of the
building elevations for the Roadhouse Grill based upon positive
findings with respect to Section 4.6.18(B)(13)(b), that although
the proposed elevations will be incompatible with the shopping
center/mall the restaurant will be complimentary to the overall
center, subject to the following modifications:
1. The deletion of neon lighting around the parapet;
2. The addition of two (2 ) colored neon lights around the
dormers;
3. That dormers be added to the west elevation;
4. The finished materials are to be: a gray-stained wood
siding, a copper standing seam roof and Chicago style
brick;
5. That the trim around the top of the parapet, the
windows, the doors, and the horizontal railing be
painted white;
6. That the 6 x 6 posts (porch) and the fascia be painted
two shades darker gray than the color of the walls;
and,
7 . That the dumpster have a metal frame gate with wood
siding.
RECOMMENDED ACTION:
By motion, approve the architectural elevations for Roadhouse
Grill subject to the findings and conditions as recommended by
the Site Plan Review and Appearance Board.
Attachment:
* SPRAB Staff Report and Documentation of November 16, 1994
,
----------------------------------------------------------------
SITE PLAN-REVIEW AND APPEA~CE-BOARD MEMORANDUM STAFF REPORT
----------------------------------------------------------------
AGENT: Robert E. Basehart
Basehart & Cottrell, Inc.
PROJECT NAME: Roadhouse Grill
PROJECT LOCATION: Northwest corner of Federal Highway and
Linton Boulevard (Delray Mall)
I T E M B E FOR E THE BOARD:
The action before the Board is that of approval of the
building elevations and landscape plan for the
Roadhouse Grill restaurant. A non-impacting site plan
modification is being processed separately and will be
approved administratively.
The subject property is a vacant outparcel located at
the southeast corner of the Delray Mall development
and adjacent to the intersection of Federal Highway
and Linton Boulevard.
B A C K G R 0 U N D :
At its meeting of October 19, 1994, SPRAB reviewed the proposed
elevations as a discussion item with respect to compatibility
with the existing shopping center. The Board noted that the
elevations will be visible from both the public right-of-way and
interior of the shopping center. The Board suggested that the
side and rear elevations be more aesthetically pleasing given
its high visibility. The Board discussed the cedar wood
exterior and recommended the building color blend with the mall
colors, and that a copper colored metal seamed roof be provided.
The Board felt that although the architecture of the building
would differ from the Delray Mall it would compliment the mall
and the City as a whole.
On October 24, 1994, revised plans were submitted and are now
before the Board for action.
B U I L DIN G E LEV A T ION A N A L Y S I S .
.
Proposed Restaurant
Pursuant to Section 4.6.18(B)(13) (Outbuildings and Shopping
Centers), outbuildings within a shopping center shall be
compatible in terms of color, materials, and architectural
AGENDA ITEM: V.A.
DATE: November 16, 1994
,
SPRAB Memorandum Staff Report
Roadhouse Grill Restaurant - Building Elevations and Landscape Plan
Page 2
style. The Site Plan Review and-~ppearance Board shal-]:-make a
finding of such compatibility prior to approval of outbuilding
elevations. If the Board determines that there is not
compatibility with respect to any of the items, then it shall
deny the elevations. However, if the Board feels, despite the
incompatibility, the elevations should be approved they shall
forward the elevations to the City Commission with a
recommendation of approval and the City Commission shall take
final action.
The proposed structure will have a rustic facade on all sides.
The building will have gray-stained cedar board and batten
siding with a gray parapet. The porch area and dormers will
have a copper colored metal seamed roof. Along the north, south
and east elevations, red neon lighting will be installed on top
of the parapet and red brick finish will be provided
intermittently on the walls underneath the porch.
Although the building is incompatible with respect to the
building materials and architectural style, the proposed colors
are somewhat compatible with the mall. It should be noted that
the Delray Mall development has contrasting architectural styles
throughout the development, however they are consistent with
respect to exterior texture. An example of this is Morrison's
Cafeteria located along Federal Highway at the main entrance to
the mall.
In order to make the building more compatible with the mall, the
structure could be stuccoed above the porch roof line. This
would decrease the incompatibility as well as allow the
restaurant to maintain its corporate identity with architectural
design and standard exterior below the porch roof line. Similar
suggestions were presented to the Outback Steakhouse (Del ray
Crossings shopping center) and a compromise was reached.
Dumpster Enclosure
The proposal includes the installation of a wood dumpster
enclosure with wood vision obscuring gates at the northwest
corner of the building. The enclosure and gates will be painted
gray to match the building.
LAN D SeA P E P LAN A N A L Y S I S .
.
The proposed landscape plan complies with the Landscape Code.
Live Oaks are to be located at the corners of the south (front)
elevation as well as within the landscape islands. Washingtonia
groupings are proposed on both sides of the accessway on the
east side of the building. On both sides of the entrance on the
south side of the building, Philodendron are to be installed.
Downy Jasmine is proposed adjacent to the porch which is located
along all sides of the building. Hibiscus are to be installed
adjacent to the coo~ers and the dumpster enclosure.
SPRAB Memorandum Staff Report
Roadhouse Grill Restaurant - Building Elevations and Landscape Plan
Page 3,
In the interest of continuity , it is recommended that the~ u_______
Washingtonias be continued to the south side of the building on
both sides of the entrance. Also, the west elevation of the
building could be softened by installing vertical elements such
as Alexander Palms. In order to carry-out xeriscape principles
it is appropriate to provide ground covers in place of the sod
areas which are minimal in size.
A L T ERN A T I V E ACT ION S :
A. Continue with direction and concurrence.
B. Approve the landscape plan for the Roadhouse Grill
restaurant subject to conditions and recommend to the City
Commission approval of the proposed elevations.
C. Approve the landscape plan and building elevations for
Roadhouse Grill based upon a finding of compatibility with
the shopping center subject to conditions.
D. Approve the landscape plan subject to conditions and deny
the building elevations for the Roadhouse Grill restaurant
based upon a failure to make positive findings with respect
to Section 4.6.18(B)(13)(a), that the proposed elevations
are incompatible with the existing shopping center.
S T A F F R E COM MEN D A T ION :
A. Recommend to the City Commission_approval of the building
elevations for the Roadhouse Grill based upon positive
findings with respect to Section 4.6.18(B) (13) (b), that
although the proposed elevations will be incompatible with
shopping center/mall the restaurant will be complimentary
to the overall shopping center and subject to the following
condition:
1. That the structure be stuccoed above the porch roof
line.
B. Approve the landscape plan for Roadhouse Grill based upon
po~itive findings with respect to Section 4.6.16 subject to
the-following conditions:
1. That the Washingtonias be continued to the south
elevations on both sides of the entrance;
2. - That Alexander Palms be installed along the west
elevation adjacent to the cooler; and,
3. That ground covers be utilized rather than sod.
Attachments:
* Master Site Plan
* Site/Landscape Plan
* Building Elevations
,
~
~
. ;~J;'
~'"'i' __ .~ '.
t . .. ~ ,..!.
I .
-
,
'"
"<
¡¡;
::>
-"
~
.
,
z
0
IX
>-
<D
....
III
W vo ...
u ... -
. u u
:,.81 .. ..
~ ~
~
~; ~ ;-
lE" £ ::!
~§
vo-
w.....
~.
8Ië
S\lb\C'c..1' :~
<r
?ð)ç.a~ ....
.....
IE .'
....
...
~
·
::)
...
¡. u c
~ ð ; ..
- ð -' " C
IE :
0:: I .. (
~ a.. c
::) <> t
,I' r--------- ~ Q ... t
.. IE ;
U · ã;
.,. .
u · ... .
:¡; "- IE I
, '" , ~ :
. ~ "
/ a.. .... 2 :
I , ~
.
. I
,~'-~'Tee. Sa-c ~
4-_______ ° ~ ... ,-- ,- - - ----~
, - '.
- .
,- -, -
, '. , -. .
, · , , , , ,
~ · , , \8 U
, , ,
· · ..
: .. · . ~
·
· 1 , , .
· ,- ---r ---- · , , ,
,..._-....._~ , --h... , ..
'. .
<:::=:J t'ðO , , ,
EXI!ITNCa I"AlllKNG ~ _ Jr, ...........~
EXI!ITNG P~NC. TO 6E REMOvED
(L~ OF ~ ePACE&) 6~ II ;t 4' III6IJ(
'. ~
".:,.'. ~....
, -. , '.
, · · ,
, , , ·
" · I. ~ , ·
· , .. ·
· ,
I ·
· , " · ,
1,- , '-, ,
, , f'CIR04
,
I
· ~<;
·
·
· ~l!1
%oJ
?;o ti'? tJ¡:; ~( 1;'
-H7 2~~ (0 It'c.f ....'F-
It
. PROPOSED t;.
, .~. . , , '. ~~
" , · ROAD~OU5E GRILL
· ~;
I I
· .. ,
·
· '.114'" 0"4. f\.
'.' · ~.'. '"----:-.' --. I ~ ._
k. cOloE eTORY J
-- ~~a;:;: ··U ,"j,
~
- "
, , ,
~ ·
, .
, .. .
, ,')~ t-Þ-
·
· '1.
I..
.' JP fH
EXI&TNG PARKNG
(- - N'<IIOr'\A_ ~ 0.-.,.1
, ,
,
,
.
:
:. .'IUAUC
ItJ~
EXl&TNG I"AItI(t G . Jr
r ~ 6ÑADI! ,qu
,.' .-'-.. ('~. fl
'{, t·... .I ":... )
, .. \ ~..':.,) f·i{J " ,
: . ~ ~'.~"
... ., ........ oe".,. "
'-... ' t "'J -
-. ..... ... ..
· , '...: ~
, 9 EXl&TNG I"AU1I 7
,~ , T
,
. J
, .
, T
.......'
.,. (I
¡ " .' , -,
, " . . '. ;.~ i~~: ._~~ ~ : _~ ~__ c
---.-----.-. - .:. - "
'PLANTSCHEDVLE ,,,. . . ·":·":i:;¡"'·~"':':';\.o~":~".· :
0... .'
.. "...-.." -
, QV' 2 , QUERCUS VlRCL"'IANWUVE OAK I%'X6';'" C. T.; J- CAL; SISCLE; STRAIGHT TRVNK; .,.
".1 WR . " WASIlINGTONIA ROBUSToV\VA$IfC'lGTO:f PAUl ",16' C.T, Iln,; AS S80WN; FULL IlEAD
'.¡o PH ,2 '. PHOENIX ROEBELLL...IIP'..CJ\lY DATE PAUl $.6' OA.: LERlO OR BETTER: roLL UEADS: TR1PL&
CA. .' CRINUM ASIA TlCUMIC~U:'II LILY J6·0A.; LERlO OR 8E'1TER: R'LL; PLANT TO DErTR or FIRST LEAP
.,.:. ,BS 56' HIBISCUS ROSA..sINENSISfUIBISCUS J4'XI'-; J CAL.; R'U. TO BASE; RED FLOWER; J4-O.c.
"
w PS '45 .- PHILODENDRON SELLOUIIIIPIIILODE.'liDRON J4- 0-",: J CA L; R'LL; DE....SE; SPREADING; J6"O.c.
. ,va: 15 . ALPINLÂ ZERUMBET SPECrOSAlVARJECA n:D GL'lôGER ULY 30-0-".; 7 GAL; Fl'U.
~,..~JP:' 5S5 , JASftUNUftl PUBESCENS/DOWI'o'Y JAS,\IIJIi& . IrxI'-; I GAL.; Fl:LL; U- o,c.
:
'1-~ ' 1 . ..
t. : ALL rWTMÂTER.IAL TO BE FLORIDA GRADE.I OR BETf£R
?f~~ P~DAREAS TO BEAUTO:'IATlCALLY ~CATED 100% .
,., . S,~/¿h.J~:Çí~-·
." . '
L:.. . -
~~-a...~..,_.._ ..4'._...._...-...- . "~;~_ ""1W~4L.._'..~ _...".. - ,..~ .-_
.
,
.
--- ----
t
., tor l.l ~ ¡,'
. 5 ~ ;, ! ,,' /:' ¡
l. ~ ~ t: 'I .' .
01\ I;! _."
~ . I! . __.
---- , Ii ~ ! t . ' .
- --- 6=: ~, ~ , ,
---"'--, I § þ ~ . I ....
- i ¡I ", .
I i à '. , . ,
,;, ~, ':. /) ~ 'I . ._.
" '. 'ii·. . '" I . '"."
",:,"'';'':'" I,.. I ~III Z ~ I I .
" .,.:: : ' 'I: ' i, ¡. ,0 l"o, I . . ".:'., '
'-.. . =\
I',> I ...: 1m IV-.. ~ I 1 .":', ',:
. .... III "> . Z
I I ...",. 'i!!;' " ~I~ wI. .. 0
.. r - .. "',i.~..,..J .... '"
.., :,'". --=:.. ....."'"- w! ...,;" ~
'. ...... ,,-, 1-, I . >
{:;,"n?~r ~ ..~~. ~ . ;", ~:'.'~ I .... , "...\} ~ ..
. .,.. ~,." . - III ~.. .. . I .. ..~.., u.
. ...:' ::. '" .."..,.. ,,~ ~ ..' . . . .";·i·.: w
'.' '.. i1TIT1. . ,... ..J
';'.', :" ..', 1\ ~.c I '-: i ",. ;:~;
.':'.' '.. ..;.' ", , L- "111 - - I' . . , .,-,' ~ .~ r . .
'..".. '.' ~ '" .. . . . ,., ,; .' .
'''::c. ...... ,',' . ~ -¡ '. . ". '.' I ,. ::;;:f; <.. :
:.;::::;·<fF.; .. ± . .. ~I~ / :.: ! .<:~J':'::' .
- . " "t. I , -. I ....... _
;''', ""j ..." ..." j'I 1= ,.' '.' : ., , . . __ ...; ,,¡.. ", .
; :''<:<\ {,':";;;l! ..; '''''' ." " :. ~··;i ! .:':¡~:f')i"
~,....'. h "..'k~") ,........, >. , .... " ^. / .
~';"'~~::;:';I ":~,'-" '/ I!II' IJ' '~ I : ;':'~:;i:. ' ~';
" . ..... .þ" I'..·,· . ... . .. . .... ".' ...
·';';_··~'¿;:~'dl·'':~/.':' , b' :': '. ';" ' . :1 ..,,':'..:..'.;>,:, ',,::"
' ~ :~;.2;~:~ ¡. -::...·~-f}h· . '.. _ .. .. '. .... . ..... '".. ,;.,....; ".
." "" '.,.' ~ - . '.-. '--..^ ....
. ......'..J~ IV;' J" .. , . O' I ."_, ':., ';',. .
':~:yi::; ,.? ~- ¡¡j:". ," /..~ ,;.;:: . ¡ '. "f7t:)i
' "I'·" .. 7~p -<-"'1'" ...t . I ""'.. '., .
;". ~......~ r~o ,"'..,"...." .: . : ..'.. ...,.... .
.. ,,', , ) ""-: ,..~;J1f.:;";,. .",:f. '". I . '. .. .
· :"., <'. ø..,.,,,,;.. ,., ~~','" .. ".
'i: ':,'. A^. ~. :"";:è.c ,..>'
',,": ,';. ð -" "." · i. ,'; ....,f:.. ..
..,..... ,. ~ ." JI . .. . ."
," '," t.- . '. . . . . "
>' ;1,,',' ~-:.;.:t~C, .r' '
· " '. ' ~ . , . . '- .. Y:#' ..
. .. -T ...... '. -. .
'. I " "'. .
' -' ",: .' 1: '; .\ ._ . . ; .
',.. \" I
'.' . . '- . '..
. J ,\......J\ '~~, .' .
. ", \ ~ , . .
.j. ":r . I "
' , .
<.,-! -~iI:' !::.,~,
': ',: .." .' - !JJ!!!! _ ': : :,'.
. '.1 .' =< mm.. .
' ." -' ..',:.' ...I ~Y.WJ __ .
". . ,. .
'. -.. I· . _
"",-.1' -=-""": ~ .;:~::
"" ;"'.j ..... ,- . ", .,' ~
· . . i . ," ;,.t:r;. , . '. ; _
;i.·.. ,". '. IT> _ ~ . ".' ,
',' ~', I ' ' , . \\ u~~ I '. ' ' , .",. ",
. .. ,. t. . .... I. :....
'.'. I' ,..I . W-.. I!II ~ ,.
'.-.' '.' :. '." , . .,,'.
' '. . " . I I I
,. ;;'. .'i,· . . " , ' II . I ". .',"
<~':,:;". ; ~ .,c·;: ¡ j \\ jl1J _ , .., ¡ I..,
;~t/,:>: ¡ ':"-'::;". ¡:' ¡ ~ . :J ".: I I . ',: ~
;';'_'<'-"'" II.. _ ','", ~~ .
" .,'". "¡, . ": ~.-; , ',..',' J , '~, .
.. ~ ' ',' J\' , 't: . 10 ..
' ¡ .~:;: C('f.' , ~ ': ..
,¡ o.
~ - :.:' .~,~::¡:
Ii . f. . ~::;, ,;._~;,: \;'
· t. ....,.; ,.
~", .. .....",
. ~ . - '.-
. 1: 11.. '.. ..' ...'
.. " ; ""'."
. " '".... '.
'., I ...,.....
. I : '... ,
- , , .... .. -
- I I '.<..~,..
I . I "'. ,
I ..'! I ':-'k:;:: ')
- " I' , _~ ,. "'"1 ._
I I '~i.':,.:. ':
Z""'Z ..
I .0 '. " '~'~'-:" '~Q _:~
.. - . .,.,,,".,,.. .
I : "~ ¡ .'.... "'"'.",, ' . " .
I ".',> .
'.." w ..-;;
1 . .'<~ .~~, "
. 'l '~,' ,'J... '-';;. ~ ' \l ~, _
" J:,<X~:ij¿;,¡ "'. ~~
."..",. . !',!:,".¡< .,." Y """
~' , . .. .. "'." ..jJ. \;'"
'... , '. i.' .,.... ..... "-1
. .. ; '. , ",; '. 0" :.;\;...;;, '': ~ ~
.. ':'.':;":, -Lt. Q. 'Cil ; I
.. . . , ":O!-?-..' . .. ,
' '.; . ~ o. ::'-''<'' ",",,, .,. ... , . ~
. , ... "~ ." ".., "'~ . A ~ '" , . "'...'., ,"" "'.' . .'
' .'.. ",'. '".",..... .-.. I .,..,~,...". -..7.'t"h:. ,
.,.. . , '. -"'"'-. ~ C '. ,. ., .... .......",>'. "
" , ,. ''', ," ',,;... ,,-,... .. .' .. " ".. ,,"",V., ,.
., . , '. "':j\"" , .., ~..,.i"' ,. ..
';";;:~'þ;,i\~~l': :.' ::'» -,~:;;;~'ji;t.
.... '. '<. ""'~<4 , . , . ~.' ....... ,.
C;~;;~;h;,:{. \~,~t~ir i;\};\'/ i;.. ..'~ I .i:r~f4~ .~
" -""'. ....."".... ., , I·,,·, .. .. ... "'''-1iI- _""'. "
X::" "':J"3'~¡ f ( ',' t,: · :::,:, - 'O~j;¡¡1.~$~~
....., I·, , .........,. .. . I "'. _ ,'. ........... ,'4
'>~':";-I "':0 :\ ";'::/~1: . , ! 'r ,:. '.. .
. " -', . . , . ., . . ·1') ,- __
' " .>, ," " 91 . ~ '.' ~ : ':' . .'
' . ". I · . " <, . '\," _
; /... ., , ....' '.
.., ".. .... !" ., .. '. , .
~.\:/ §~I ,)' - ;~.:::-.~ .. ,.. .
',.,...\.'. i' , ""'00". I
.....>,.). ¡ :'''.¡' ~, ..
'. ,-- .. 'I . ., .,.. . , I _
' "/<' ¡C;, d' . ':. ~ . . ( , : ,.
I, '., '... . . ..". . ¡. . '~'"""""'''' .
. . ~"" '. " ", '''''-~''
.. ';0', ""':;, , :' . " ..;.; "y"'''
II ,. ~"~'. '," ",. ".,,',.
~.f:'~~::. ~, . . ':s~r:;~;~~:;~
.<-( '." "-.;
'~·.:..::~~}I::'4 .
: >.if;;;:, 1. . ,
>~<:; . . . .. .. , ..
',...... I~", \" I
"ff'... .,... '" . , _
;>:......4'" \;;-. ."'. ; '. ',' . .
.." " . .... .. , .. ..
: ·.A':':7~':L'~·_. 't, , 'I . I. '.
""y.. . " , .
:~H~S?,¡ , ! , ':~"
<··'·h. .' I " I I.
:·:~;l~; \ , " ':, ;,
~ - ,
.-' ~'...'"' ,
· .
__.___._"n___.__ .
I
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJ'iV't
SUBJECT: AGENDA ITEM # q~ - MEETING OF DECEMBER 6, 1994
AGREEMENT WITH PALM ENTERTAINMENT CORPORATION FOR USE
OF THE TENNIS CENTER:
DATE: DECEMBER 2, 1994
This is before the Commission to consider an agreement with Palm
Entertainment Corporation to provide a series of from four to
eight concerts or events per year at the Tennis Center. Details
of the proposal are set forth in the attached staff report.
Recommend consideration of the agreement with Palm Entertainment
Corporation.
~/ wd:h id ~
~ 4 Vf¿~~
- Com pM'1 f) ¡:rm E- (!)}1}179 & 10 jJlt/ m lìds Ine- .
- Cl7I:;'f7Cj E.5 ~ 7P 39 RE bond,né¡ 1i'Eðtu~~~
- som£WJ'rJ9 10 'thE, E~I- fA¡rf fJ¡¡-lm Ikh tlJi/l¡ n~ 10
WO/êt:... (17 900 cL (!~.iYh wI ch~b/E O;?,C¡1l'n12/HloaS
~
Ch fJ m 8Et: J 055 o£.. o'fh'iL (2¡VI'c.. 9.<:XJ¥s whit!..!? mIX!
LvJ~h 10 L-vS~ if> ~ .s 11::µ:Ù ¿un
~ ;';-0
Lml9<loe IJScSlHII/E.O)
,
.
Agenda Item No.:
AGENDA REQUEST
Date: November 30, 1994
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: December 6. 1994
Description of agenda item (who, what, where, how much): Request approval
of agreement with Palm Entertainment Corp. to provide a series of 4-8 concerts or
events in our Tenni Stadium each ypar.
ORDINANCE/ RESOLUTION REQUIRED: YES@ Draft Attached: YES/NO
Recommendation: Approval.
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
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: @/ NO m1
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
.
·
,
[IT' DF DELRA' BEA[H
DElRAY BEACH
f lOR lOA
tJ.tItd 100 N.W, 151 AVENUE, DELRAY BEACH, FLORIDA 33444 ' 407/243-7000
AII·America City
, 'III! MEMORANDUM
1993
TO: David Harden, City Manager
FROM: Joe Weldon, Director of Parks and Recreation
SUBJECT: Palm Entertainment Corporation Agreement
DATE: November 30, 1994
Attached please find an agreement with Palm Entertainment Corporation
and the City of Delray Beach to provide a series of 4 to 8 concerts or
events in our Tennis Stadium each year.
The agreement provides as follows:
1.) The Agreement shall be for a period of 5 years with the City having
the option to amend and renew this Agreement for another 5 year period.
At the conclusion of this Agreement, Palm Entertainment shall have the
right to match any offers, and the City shall accept Palm
Entertainment's offer if it is determined to be equal to or better than
the other party's offer.
2. ) Palm Entertainment shall pay to the City $1,500 for the rental of
the Stadium for each event and $500 for cleanup and lighting for each
performance day, or 10% of the net event revenue, whichever is greater.
Net event revenue is defined as gross ticket sales plus any other
non-concession revenue to which Palm Entertainment is entitled less
fixed expenses. Fixed expenses are specifically defined in Article 33,
Page 18 of the Agreement. Additionally, Palm Entertainment shall pay
the City 10% of net profit received by Palm Entertainment from
concessions sold in the event. Net profit is defined as gross sales
less cost of goods sold, labor cost, material costs, and cleanup.
Also, Palm Entertainment and the City shall receive 50% each of any
event advertising revenue with the City retaining the right to approve
and locate all advertising within the Tennis Center. Palm
Entertainment retains the right to sell all advertising.
3. ) The City agrees not to sign any agreement with other promoters for
non-sporting events during the term of this agreement. In essence,
Palm Entertainment would become our exclusive promoter of concerts and
other non-sporting events. However, Palm Entertainment recognizes that
other non-sporting events, including concerts, may take place under the
agreements with Liddun International and Palm Beach County.
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS
"
-2-
4.) As mentioned, Palm Entertainment shall offer 4 to 8 events per year
with only 2 events lasting more than 2 consecutive days. Failure to
hold at least 4 events per year shall be grounds for the City to
terminate the Agreement with a 30 day written notice. If Palm
Entertainment performs satisfactorily, it shall have the option to
increase the number of events if the City agrees.
5. ) This Agreement is subordinate to the Agreement with Liddun
International and Kingdom, Inc. and with Palm Beach County Sports
Commission.
6. ) Palm Entertainment agrees to provide City police personnel at their
cost which the City determines is necessary for the event. Palm
Entertainment shall contract the Fire Department to make arrangements
for EMT personnel to be present at Palm Entertainment's expense.
7. ) Palm Entertainment shall provide all personnel needed for the
event, including ticket takers, ticket sellers, ushers, sound
technicians and stage hands.
8. ) Palm Entertainment agrees that each event shall have prior approval
by City Commission and that all performances shall end no later than
11:30 PM unless otherwise approved by City Commission.
9. ) Palm Entertainment is required to deposit with the City security in
the amount of $l50,000 in cash, certified check, or bond for the
faithful performance of the conditions of the contract, including
refunding ticket sales should a concert be cancelled.
10. ) Meetings will be held twice a year to schedule events with Parks
and Recreation Department, Palm Beach County Sports Commission and
Palm Entertainment Corp. The meetings will be held in January and June
of each year.
11.) Palm Entertainment shall provide a complete accounting of all
revenues and expenses and the city shall have the right to audit and
review Palm Entertainment financial records.
12.) Palm Entertainment shall have the exclusive authority to negotiate
all contracts or agreements with suppliers, exhibitors, performers,
concessionaires, advertisers, television and radio media, and sponsors
relating to the event.
I have attached background information on Mr. Van Arnem and request you
place this on the December 6, 1994 agenda for City Commission
consideration.
W
and Recreation
Tolces, Asst. City Attorney
Attachment
Ref:dhpecagr
,
I
,
AGREEMENT
THIS AGREEMENT made this _ day of , 1994 by
,and between the CITY OF DELRAY BEACH, FLORIDA, a municipal
corporation of the State of Florida (hereinafter referred to as
"CITY") and PALM ENTERTAINMENT CORPORATION, a Florida limited
partnership, (hereinafter referred to as "PEC") .
WIT N E SSE T H:
WHEREAS, CITY owns and controls certain park land upon
which is located the Delray Beach Municipal Tennis Center,
hereinafter called "Tennis Center"; and
WHEREAS, CITY has determined that it is in the best
interest to present broad-range programming responsive to the
wishes of the City of Delray Beach community in the Tennis
Center that will serve the best overall interest and needs of
all citizens of the City of Delray Beach; and
WHEREAS, PEC has presented to CITY that it would like to
r
use the Tennis Stadium, consisting of the Tennis Stadium Court
and Clubhouse, (collectively, hereinafter referred to as the
"Stadi urn" ) located at the Tennis Center to provide CITY'S
residents with a broad and varied cross-section of entertain-
ment programming; and
WHEREAS, CITY has determined that it is in the public
interest to enter into an agreement with PEC to promote and
produce events at the Tennis Center.
NOW, THEREFORE, it is mutually agreed as follows:
'.
·
1- Incorporation of Whereas Clauses. That the
provisions set forth and the clauses set forth above and
commonly referred to as "WHEREAS" clauses are hereby in-
corporated into the body of this agreement and shall have full
force and effect herein. For the purpose of this Agreement,
the term "Event" shall mean each and every performance, or
group of performances at the Stadium which requires a separate
admission fee or, for non-charged admissions, or each separate
attraction for which persons are invited to the Stadium.
2. Purpose. The parties agree that PEC shall promote
and produce the entertainment in a manner which complies with
contemporary community standards and appeals to the interest of
the general public for the Stadium and to use its best efforts
to promote the Events at th-e Tennis Center. PEC, at its sole
cost and expense, shall provide management and personnel
experienced in the promotion and production for the purpose of
supervising and directing PEC'S obligations under this
Agreement.
3. Exclusivity. PEC shall have exclusive authority, ,
subject only to the provisions and limitations set forth in
this Agreement, to negotiate all contracts or agreements,
including, but not limited to, the contracts and agreements
with suppliers, exhibitors, performers, concessionaires,
advertisers, television and radio media and other media,
sponsors and other parties relating to the Event. PEC retains
the right to sell and locate advertising within the Tennis
Stadium for each Event, subject to approval by CITY, which
-2-
'.
·
approval shall not be unreasonably withheld. All contracts and
agreements of any kind or nature whatsoever shall be negotiated
and executed by PEC in its name and shall not be contracts and
obligations of CITY. All contracts or agreements of any kind
or nature entered into by PEC shall specifically contain
language which provides that CITY is not a party to such
agreement and 'is not obligated in any manner by any of the
terms therein.
4. Independent Contractor. It is understood between the
parties that the relationship of CITY and PEC is that of an
independent contractor. PEC shall have no authority to employ
any person as an employee or agent on behalf of the CITY for
any purpose. Neither PEC nor any person engaging in any work
relating to PEC'S rights and obligations set forth herein at
the request of or with the consent (whether actual or implied)
of PEC shall be deemed an employee or agent of CITY, nor shall
any such person represent himself to others as an employee or
agent of CITY. Should any person indicate to PEC or any
employee or agent of PEC, by written or oral communication to t
PEC, that the person believes PEC or an employee or agent of
PEC to be an employee or agent of CITY, PEC shall use its best
efforts to correct or cauSé its employee or agent to correct
that belief.
S . Compliance with Licensing Requirements. PEC, prior
to commencement of any activities pursuant to the provisions of
this agreement, shall comply with all applicable federal,
state, county, or city licensing requirements and receive all
-3-
'.
·
necessary permissions, permits, approvals and licenses which
are required to perform the activities of producer and promoter
as set forth herein.
6 . Term and Renewal. This Agreement shall be for a
period of five ( 5 ) years and shall become effective upon the
proper approval of both parties. So long as PEC has performed
satisfactorily under this Agreement, at the conclusion of the
five year term, CITY shall have the option to amend and renew
this Agreement for another five year period, At the conclusion
of the initial five year term, in the event 'the CITY receives
another offer with respect to the obligations performed by PEC,
CITY shall grant PEC the ability to submit a proposal to match
the offer. CITY shall accept PEC'S offer if it is equal to or
better than the other party's offer.
7. Events. (a) PEC agrees to hold no less than four
( 4 ) and no more than eight ( 8 ) Events at the Tennis Center
during each year of this Agreement unless prior approval from
the CITY is obtained. Only. two events may last more than two
consecutive days. Prior to scheduling Events at the Stadium, r
PEC shall obtain approval from the City Commission for the
proposed Event. Cancellations by the performer, or CITY, or a
cancellation resulting from any unforeseen circumstance may be
rescheduled, and, at PEC'S option, both the cancelled Event
and/or the rescheduled Event may be counted towards the annual
minimum required Events. Failure to hold at least four Events
per year shall be grounds for the CITY to terminate the
Agreement subject to the CITY giving PEC 30 days written
-4-
'.
notice. (b) So long as PEC performs satisfactorily under this
Agreement, PEC shall have the option to increase the number of
Events permitted by the Agreement if, after meeting with the
CITY, the CITY agrees that such an increase would not,
utilizing its reasonable discretion, be detrimental to the
CITY'S interests.
8 . Other Agreements. The parties hereto, their
successor and assigns agree to negotiate in good faith in order
to have a cooperative effort in scheduling events to meet the
needs of the parties. PEC acknowledges that CITY has
obligations with Liddun International and Kingdom, Inc.
(collectively referred to as "Liddun") and with Palm Beach
County and the Palm Beach County Sports Commission
(collectively referred to as "County") for use of the Stadium.
The City's obligations to provide use of the Stadium to PEC is
subordinate to the CITY'S obligations under the agreements with
Liddun and County. CITY agrees not to enter into any other
agreements with any promoter for non-sporting events.
9. Event Scheduling. The parties agree to meet twice r
each year to discuss the schedule of PEC'S events at the
Stadium. At the first meeting held during the first week of
January, 1995, the parties shall schedule PEC'S Events for the
entirety of 1995. At the second meeting during the first week
of June, 1995, the parties shall schedule PEC'S events for the
six month period commencing January I, 1996 through June 30,
1996. At the January 1996 meeting, the parties shall schedule
PEC'S Events for the six month period commencing July 1, 1996
-5-
'.
through December 31, 1996. Thereafter, until the end of this
Agreement, the parties shall continue such scheduling in order
that the Events will be scheduled six ( 6 ) months in advance.
The scheduling of PEC'S events shall be subject to the
availability of the Tennis Stadium, subject to the restrictions
contained in the Liddun and County agreements, and subject to
Paragraph 8 herein. At each meeting, PEC shall present
possible alternate dates which may be used in the event the
Stadium is unavailable. No later than three weeks after each
meeting, the City Commission shall consider PEC'S requested
event dates and inform PEC of their approval or denial of an
event. The parties agree to meet as soon as possible following
the Commission's action in order to reschedule new events to
replace events which were cancelled.
10. Compliance with Laws. PEC agrees to comply with all
applicable federal, state, county, and local laws and
regulations regarding non-discrimination and specifically
agrees not to discriminate against any person on the basis of
color, race, religion, age, creed, sex, national origin or r
disability.
11. Concessions. PEC may sell food, beverages,
confections, refreshments and novelties or may, subject to
approval by CITY, contract with another to provide such
service. With prior approval from the City, PEC may provide
temporary structures at its own expense, for the sale of
concession items.
-6-
'.
In providing the concession service, PEC or any person,
firm, or corporation with whom it contracts for such purpose
(hereinafter referred to as "concessionaire") shall comply with
the following provisions provided, however, that PEC shall
remain ultimately responsible to CITY for all obligations
required of the concessionaire:
a. 'Concessionaire shall, prior to commencing any
activities, obtain any and all permits and licenses that
may be required in connection with the operation of this
concession.
b. All food, drinks, beverages, confections,
refreshments, etc. sold or kept for sale shall be first
class and quality, in accordance with the Department of
Health requirements, shall conform to all federal, state,
county, and municipal laws, ordinances and regulations in
all respects.
c. Concessionaire shall not sell or give away or
otherwise dispose of any commodity which in the opinion of
the CITY shall cause undue litter. t
d. Concessionaire shall have the option to sell
beer and wine at the Tennis Center. Sale of beer and wine
must comply with all federal, state, county, and municipal
laws, ordinances and regulations and must be properly
licensed by the State of Florida.
Additionally, PEC shall submit its calendar of
events to the City Commission who shall have the authority
to prohibit the sale of alcoholic beverages at an event.
-7-
.. .
e. Concessionaire may, at its expense, furnish
additional equipment and fixtures to be utilized in the
concession. Concessionaire shall submit plans and speci-
fications concerning fixtures and equipment to CITY for
approval prior to installation of any items. For the
purpose of this Agreement, "fixture" shall be defined as
anything annexed or affixed to a building or structure or
which appears to be so affixed or annexed, regardless of
whether it is capable of being removed.
f. The Concessionaire shall provide all main-
tenance, repair and se~vice required on all equipment used
on the concession.
g. Concessionaire shall keep all fixtures, equip-
ment and personal property, whether owned by Concession-
aire or CITY, in a clean and sanitary condition and shall
cleanse, fumigate, disinfect and deodorize as required and
whenever directed to do so by CITY. All state health laws
and state health department regulations must be strictly
complied with. All janitorial services necessary in ~
concession area shall be provided by Concessionaire at
Concessionaire's expense.
h. Concessionaire agrees to dispose of all refuse
and garbage, in compliance with all applicable laws,
ordinances and health codes, at Concessionaire's expense,
and to keep outside container areas cleaned at all times.
i. If the concession is operated by a person, firm
or corporation other than PEC, such person, firm, or
-8-
"
corporation shall at all times maintain workers' compensa-
tion insurance coverage for all employees which it
employes within the areas and facilities covered by this
Agreement, together with the policy or policies of public
liability and products liability insurance and provides
limits of at least One 'Million ($1,000,000.00) Dollars for
combined single limit coverage; provide liquor liability
insurance with limits of at least One Million
($1,000,000.00) Dollars and provide fire legal liability
in the amount of Five Hundred Thousand ($500,000.00)
Dollars. Such policies shall provide that they will not
be cancelled or amended without at least ten ( 10) days
written notice to the Risk Manager of CITY and shall name
CITY, its officers, agents and employees as additional
insured.
12. Utilities and Clean-Up. CITY shall provide utilities
for properly scheduled Events at the Tennis Center. CITY shall
also provide for maintenance and cleanup prior to and upon
completion of properly scheduled events. The cleaning shall (
not interfere with the load in, load out, or run of any Event.
For multi-night Events, cleaning shall occur daily at a
mutually convenient time between CITY and PEC so as to not to
interfere with the Event.
13. Event Personnel and Equipment. PEC shall provide all
personnel needed for the Event, including, but not limited to,
ticket sellers, ticket takers, ushers, sound technicians and
stage hands. PEC shall be responsible for the installation or
-9-
'.
removal of any additional staging. All sound or lighting which
is to be utilized for the Event or any other equipment of any
type or nature which is needed for the Event is PEC'S sole
responsibility.
14. Police and Emergency Personnel. PEC agrees to make
arrangements with the City Police Department to provide for
CITY police personnel \v hi c h the CITY determines, in its sole
discretion, is necessary for the Event. The officers shall be
paid at the prevailing off-duty detail hourly rate in effect at
the time of the event. PEC shall, at least thirty ( 30) days
prior to an Event, consult with the Chief of Police or his
designee to determine the proper scheduling of security for
each Event. Also, PEC shall contact the City Fire Department
to make arrangements for Emergency Medical Technician personnel
to be present at the Events .at PEC'S expense.
15. City's Right to Control Premises. CITY at all times
reserves the right to eject or caused to be ejected from the
premises any person or persons violating or to keep persons
from violating any of the rules or regulations of the Tennis ~
Center or any city, county, state or federal laws, and neither
CITY nor of any its officers, agents or employees shall be
liable in any manner to PEC or its officers, agents or
employees for any damages which may be sustained by PEC through
the exercise of this right by CITY.
16. Insurance. PEC shall obtain insurance of the type,
nature, and amount and pursuant to the terms which are set
forth on Exhibit "A" which is attached hereto and incorporated
-10-
18. Conclusion of Performance. All performances shall
end no later than 11:30 P.M. unless otherwise approved by the
City Commission.
19. City's Rights and Responsibilities. CITY shall have
absolute and full control of the building and all its
appurtenances during the term of this Agreement and may make
such changes and alterations therein, and in the grounds
surrounding same, as may be determined by CITY. CITY shall
provide PEC with reasonable notice prior to CITY making any
change or alteration in the Tennis Center, its building and
appurtenances, and CITY shall consult with PEC in connection
with the timing of such change and alterations provided,
however, that the final decision as to timing shall be in the
sole discretion of CITY. CITY shall have the right during the
term of this Agreement after notice and consultation is
provided above to make changes, alterations and improvements in
the premises, and to the buildings and facilities located
thereon, as it may determine.
20. Parking. The Ci.ty shall make available parking r
spaces on City owned or controlled property for each such event
based on PEC'S estimated requirements and the available number
of City owned or controlled parking spaces. Estimated parking
requirements shall be discussed during the scheduling meetings
in January and June of each year for the events scheduled by
PEC in order that the City, to the extent possible, can avoid
conflicts and provide as much parking on City-owned or
controlled property as available. PEC shall be responsible for
-12-
..
obtaining all additional parking that may be necessary to
provide sufficient parking for an event. The City shall
provide signage to direct the general public to the Event. The
City may require PEC to make arrangements for such additional
parking as may be necessary in the opinion of the city, in
order to ensure adequate parking is provided for an event.
Revenues and fees from parking on private property will be
governed by the terms of agreements with private property
owners.
2l. Right to Enter. CITY and authorized agents and
employees shall have the right to enter upon the subject
premises at any and all reasonable times for the purpose of
inspection and observation of PEC'S operation to assure that
requirements of this Agreement are upheld and that no
violations of the rules, statutes, ordinances or regulations
have occurred or are occurring. During these inspections, CITY
shall, without disrupting the Event, have the right to utilize
photographic devices and any other instruments for recording
conditions and Events taking place upon the subject premises. t
Said inspections may be made by persons identified to PEC as
CITY employees authorized for such inspection or may be made by
independent contractors engaged by CITY.
22. Sublicense and Assignment. PEC shall not sublicense
the subject premises or any part thereof or allow the same to
be used or occupied by any person or for any other use than
that herein specified, nor assign said Agreement nor transfer,
assign or in any manner convey any of the rights or privileges
-13-
"
herein granted without the written consent of CITY. Neither
this Agreement nor the rights herein granted shall be
assignable or transferable by any process or proceeding in any
court, or by attachment, execution, proceedings, insolvency, or
bankruptcy either voluntary or involuntary or receivership
proceedings.
23. Alterations. PEC shall not make any permanent
alterations, additions or improvements to the Tennis Center or
any part thereof without the prior approval of CITY.
24. Requested Facilities. PEC shall provide the CITY
with a list of CITY facilities needed for each event at the
time the event schedule is determined.
25. Bond Limitations. It is recognized by PEC that the
Tennis Stadium has been financed with proceeds of tax exempt
debt and may be refinanced from time to time in the future and
that the Internal Revenue Code of 1986, as amended, limits the
private use of governmentally owned facilities, such as the
Tennis Stadium, in order to maintain the tax exempt status of
debt issued to finance the same. Notwithstanding any other t
provision of this Agreement to the contrary, this Agreement
shall automatically terminate, without any required notice by
the City, if any payment required to be made under this
Agreement to the Ci,ty would, together with any other payments
made or required to be made by any entity or person for the use
of the Tennis Center or related facilities, adversely affect
the exclusion from gross income for federal income tax purposes
of interest on any obligation (herein "Negative Tax
-14-
"
·
Consequences") of the City issued to finance or refinance the
Tennis Center or any part thereof. Such a termination shall
not constitute a default on the part of either party to this
Agreement. Upon such termination, it is the intention of the
parties hereto to enter into a new agreement which would
contain different or modified payment terms acceptable to both
of the parties' hereto and which in the opinion of the City's
Bond Counsel would not have Negative Tax Consequences.
26. Stage. CITY shall provide a stage, as illustrated in
Exhibit "B", with a suitable covering to protect the
performers. Also, a covering shall be provided for the tennis
court to insure against damage to the surface. PEC shall not
be liable for damage to the court if such court covering is in
place. PEC will have access to the existing public address
system for use during the Event. CITY shall be responsible for
the set up and tear down of the stage, stage covering, and
court covering, and shall coordinate its activities with PEC
for each Event.
27. Seating Available. The total seating capacity of the "
Stadium will be at least eight thousand (8,000) seats prior to
installation of the stage.
28. Notice of Defects. PEC shall report safety
deficiencies or any defects it notices on the premises
immediately to City's Risk Manager and City's Parks and
Recreation Director and shall cooperate fully with CITY in the
investigation of accidents incurring on the subject premises.
-15-
'.
,
29. Failure to Remedy. If PEC shall fail, neglect or
refuse within fifteen (15) days after receiving notice thereof
from CITY to conform to the following: any direction or
instruction that may be properly given by CITY or to any
applicable law, ordinance or regulation of the city, county,
state, or federal government, or shall fail, neglect or refuse
to pay any amount due hereunder within forty-five (45) days
after the same shall become due or shall default in the
performance of any of the material terms or provisions herein
required, it shall then be lawful for CITY, at its option, to
declare this Agreement terminated and null and void and CITY
may thereupon obtain a judicial determination to this effect.
29. Indemnification. PEC does hereby release and agree
to indemnify, defend and save harmless CITY from and against
all claims, actions, causes of action, demand, judgments,
costs, expenses, and all damages of every kind in nature
incurred by or on behalf of any corporation or person
whatsoever predicated upon injury or death of any person or
loss over damaged property of whatever ownership arising out of ¡-
or connected with PEC'S operation pursuant to the terms of this
agreement, whether or not the incident giving rise to the
injury, death, loss or damage occurs within or without the
premises.
31- Taxes. PEC shall pay any and all taxes assessed on
the property by reason of PEC'S use thereof pursuant to the
provisions of this Agreement and on any personal property and
improvements belonging to PEC located on the premises and all
-16-
'.
applicable sales and other taxes which may be levied against
its operation.
32. Release. PEC acknowledges and agrees that CITY
assumes no responsibility whatsoever for any property placed in
the premises provided for herein and CITY is expressly released
and discharged from any and all liability for any loss, injury,
damage, theft, 'vandalism or· other wrongful acts or acts of any
kind or nature resulting in damage or loss to persons or
property which may sustained by PEC'S use of the premises. PEC
further expressly waives any and all claims for compensation
for any and all loss or damages sustained by reason of any
defects, deficiencies, or impairment of the electrical or sound
equipment, water supply equipment or wires furnished for the
premises or by reason of any loss or impairment of light,
current or water supply which may occur from time to time for
any cause, or by reason of any loss or damage sustained by PEC
resulting from fire, water, hurricane, tornado, civil
commotion, riot, theft or other acts of God, and PEC hereby
expressly waives all right, claims and demands and forever
r
releases and discharges CITY, its officers and agents from any
and all demands, claims, actions and causes of actions arising
from any of the causes aforesaid. Additionally, if Concession-
aire shall be different from PEC, PEC shall require this waiver
in any contract it enters into with such concession.
33. Fees. PEC shall pay to CITY for the rights and
privileges granted herein One Thousand Five Hundred Dollars
($1,500.00) for the rental of the Tennis Center for each
-17-
'.
·
performance day during an Event, Five Hundred Dollars ($500.00)
for clean-up and lighting costs for each performance day during
an Event, for a total of $2,000.00 for each performance day
during an Event or 10% of net event revenue whichever is
greater. Payment is due no later than thirty ( 30) calendar
days after an event concludes. For purposes of this Agreement,
net event revenue shall be defined as gross ticket sales plus
any other non-concession revenue to which PEC is entitled to
from the event less expenses listed below. Expenses shall
include, but not be limited to the following: costs of
entertainment, including but not limited to guarantees,
royalties, percentages, complimentary tickets, transportation,
housing, equipment, freight, custodial, engineering, laundry,
telephone, musicians and catering; all administrative and box
office personnel, front of house, including but not limited to
ushers, managers, ticket takers, security and medical costs,
all stagehands and labor associated with the load in, load out
and run of an Event, Event insurance and licensing; marketing,
promotion, box office, Ticket Master or other ticketing agency, ¡.
credit card expenses, and taxes. As an additional expense, PEC
shall contract with a City approved production manage'r to
coordinate the Event.
34. Concession Revenue. PEC shall pay to CITY ten
(10.0%) percent of net profit received by PEC from concessions
sold during an Event. Net profit is defined as gross sales
less cost of goods sold, labor costs, material costs, and
set-up costs.
-18-
'.
35. Advertising Revenue . In addition to other revenue,
the parties agree to equally divide any event advertising
revenue in such a manner so that each party receives a 50%
share of all net Event advertising revenue after deducting
direct costs attributed to obtaining such advertising revenue.
Said costs shall not include those expenses already deducted in
Paragraph 33.
36. Failure to Pay. If PEC neglects to make any payment
to CITY within ten ( 10) days after the day on which the payment
is due and owing, PEC shall pay to CITY for such privilege an
additional charge of Twenty-Five ($25.00) Dollars per day for
each day's delay in payment, retroactive to and beginning with
the first day of the delinquency. CITY'S right to assess the
penalties for payment made later than the day upon which such
payment is due, shall be in addition to its right to terminate
the license in the event payment is due and owing for more than
forty-five (45) days. CITY'S right to assess the penalties for
payment made later than the day upon which payment is due,
shall be in addition to its right to terminate the license in
,
accordance with Paragraph 29.
37. Accounting and Right to Audi t . PEC shall provide a
complete accounting of all revenues and expenses in accordance
with generally accepted accounting principals, in conjunction
with the event when payment is tendered to the CITY. CITY
shall have the right to audit and review PEC'S financial
records.
-19-
"
38. Waiver of Breach. Neither the waiver by CITY of any
breach of the agreement, condition or provision of this
Agreement or the failure of CITY to seek redress for violation
of or to insist upon strict performance of, any agreement,
condition or provision, shall be considered to a waiver of the
agreement, condition or provision, or of any subsequent breach
of any agreement, condition or provision. No provision of this
Agreement may be waived except by written agreement pursuant to
all the necessary formalities of the parties.
39. Deposit. PEC shall deposit with CITY, upon the
effective date of this Agreement, security in the amount of One
Hundred Fifty Thousand ($150,000.00) Dollars. The security
shall be in cash, or a certified or cashier's check payable to
CITY, or a bond executed by a surety or sureties approved by
CITY, naming CITY as principal and CITY as obligee. The
security shall be conditioned upon the faithful performance by
PEC of all of the terms of this Agreement and may also be used
to refund ticket sales for events which do not occur, and such
portion as may be due shall be returned to PEC at the ¡-
termination of this Agreement so long as PEC was not
responsible for damages to the Stadium, ordinary wear and tear
excepted.
40. Controlling Law. This Agreement shall be deemed to
be made and shall be in accordance with the laws of the State
of Florida which will be controlling in any dispute that arises
pursuant to this Agreement.
-20-
'.
4l. Entire Agreement. This Agreement constitutes the
entire agreement between CITY and PEC and may not be altered,
amended, or modified except by an instrument in writing signed
by the parties to the Agreement with all the same formalities
as this Agreement.
42. Strikes and Unavoidable Causes. CITY shall not be
responsible for its failure to make the premises available or
to provide the facilities and services described herein where
such performance is rendered impossible and impractical due to
strikes, walk-outs, acts of God, inability to obtain labor,
materials or services, government restriction (other than
CITY) , enemy action, civil commotion, fire, unavoidable
casualty or similar causes or any other causes beyond the
control of CITY. The cancellation provisions of Paragraph 7
herein shall also apply in this paragraph.
43. Notice. Any notice or communication under this
Agreement shall be in writing and may be given by registered or
certified mail. If given by registered or certified mail, the
notice or communication shall be deemed to have been given and t
received when deposited in the United States Mail, properly
addressed, with postage prepaid. If given otherwise, then by
registered or certified mail, it should be deemed to have been
given when delivered to and received by the party to whom it is
addressed. The notices and communication shall be given to the
particular parties at the following addresses:
CITY: David Harden, City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
. -21-
'I
PEC: Harold L. Van Arnem
Chairman of the Board
Palm Entertainment Corporation
1301 W. Newport Center Drive
Deerfield Beach, Florida 33442
Copy to: Drew M. Levitt, Esq.
Palm Entertainment Corporation
1301 W. Newport Center Drive
Deerfield Beach, Florida 33442
Either party may at any time by giving ten ( 10 ) days written
notice designate any other address or person(s) and sub-
stitution of the foregoing address or person(s) to which the
notice or communication shall be given.
44. Subtitles and Captions. Paragraph headings are for
reference purposes only and in the event that such paragraph
headings conflict with any of the substantive paragraphs of
this Agreement, the paragraph headings shall be disregarded.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed by their proper officials on the day
and year first above written.
CITY OF DELRAY BEACH, FLORIDA t
ATTEST: By:
Thomas Lynch, Mayor
City Clerk
Approved as to Form
and Legal Sufficiency:
City Attorney
PALM ENTERTAINMENT CORPORATION
ATTEST: By:
-22-
"
State of Florida
County of Palm Beach
The foregoing instrument was acknowledged before me this
day of , 1994 by ,
partner (or agent) on behalf of Palm Entertainment Coporation,
a partnership. He/She is personally know to me or has produced
as identification.
Signature of Notary Public-
State of Florida
Print, Type or Stamp Name of
Notary Public
pec,agt
V
-23-
Of
~ .-- - - .-.~._.- _._-...... - ~ _. ~
~oJ..._
HAROLD L. VAN ARNEM; Mr, Van Arnem has been a long time pioneer In
remote on-line interactive computing, beginning with his early employment during the
formation of GE's computer business in 1964 in Phoenix, Arizona, to the co-creation
of one of the first Doctoral Computer Engineering Programs at the University of
Detroit in the late sixties. He was the founder of one of the first national computer
time sharing companies. In addition, Mr. Van Arnem was a contractor for the
Department of Defense and the Advanced Research Projects Agency for classified
satellite communications applications utilizing the IlIiac IV and ARPANET (forerunner
to INTERNET),
As CEO of LOOKNet, he is responsible for the development and introduction of
the PC based, interactive software bringing the home CATV subscriber on-line and
interactive with the local community for home shopping, interactive education and
entertainment and a gateway to all global data services.
Mr, Van Arnem has been the Chairman of the Board and Chief Executive Officer
of Gemini Group, Inc, and its subsidiaries since April, 1991, Gemini Group, Inc. is
currently ranked as the world's 30th largest lessor, and has purchased and managed
over $3 billion of leased assets consisting of over 100,000 pieces of high tech
equipment, Gemini has expanded its U,S. and European operations by acquiring high
technology and general capital equipment lease portfolios, such as American Express
Bank GmbH, CIS Leasing GmbH, and CIS Computer Leasing (UK) Limited, Pacific
Telephone Finance, Pacific Corp. Leasing and First Interstate Bank Leasing,
In addition, Mr. Van Arnem has also been Chairman of the Board and Chief
Executive Office of Finalco Group, Inc, and its subsidiaries since April, 1988. Finalco
Group, Inc, is a twenty-two year old company, managing nearly $1.5 billion In
equipment, leased primarily to Fortune 500 companies.
Prior to the acquisition of Finalco Group, Inc, Mr. Van Arnem founded the Van
Arnem Financial Services, Inc. (a/k/a Acquisition Management Corp.), a computer and
capital equipment leasing firm in Birmingham, Michigan, which owned or managed
over $ 500 million of computer and communications equipment.
From 1968 through 1974, Mr, Van Arnem was founder and CEO of ACTS
Computer Corporation, a pioneer in interactive, time sharing and on-line or remote
computing and interactive software solutions for business, education and engineering.
ACTS became one of the largest time sharing and remote job entry computer service
organizations, providing local dial up services in over 40 cities in the United States,
managing computer facilities for over 100 manufacturing and distribution businesses
and over 5,000 dial up subscribers before being sold to Lear Siegler, Inc. in 1974.
During the same period of time, at the request of the State of Michigan Banking
Commissioner and the Federal Comptroller of the Currency, Mr. Van Arnem assumed
full operating responsibility for Computran/Comac to manage the computer operations
-,
-, .L.LI .LVI 07"t: ..Lv.v"'t l'¡1.A .1."tV' '~..L I ..IJ¡;. UAD\.¡u~.1~D
- ~VVù
of over 30 banks located throughout the State of Michigan and provided the
processing of all banking records, maintaining current statements and historical data
of all demand deposit accounting and check processing, savings, installment loans,
and mortgages. He was responsible for the introduction of Central File Customer
Reporting and pioneered the Electronic Funds Transfer for member banks via high
speed remote by networked Burroughs processors and remote on-line document
handlers.
Included among Mr. Van Arnem's other accomplishments are:
Developed the K-Mart store model for space and revenue maximizer in
conjunction with the inventory ordering system.
Designed the sonar automation for coal excavation for the Yugoslavian based
Kolubora coal mines to reduce the dependence on oil imports.
Developed a fully interactive, time sharing operating system in assembler
language for GE-425 central processor. This was integrated with a DataNet 30
communications processor and all the associated compilers Fortran and Basic,
This systems had dual GE 425's to provide virtually no downtime, as well as
provide local dialing from 40 major cities in the United States.
Developed over 500 fully interactive program solutions for education, business,
entertainment and engineering.
Project Manager for "'iac IV Seismic Data Collection for Department of Defense
and Advanced Research Project Agency on contract with "The Institute for
Advanced Computation" at Ames Research Center, Moffit Field.
Developed software interfacing satellite connection via ARPANET Real Time for
data collection for worldwide weather forecasting and seismic data collection
(forerunner to INTERNET).
While under contract with Lear Seigler Aerospace, Santa Monica, CA., Van
Arnem was responsible for the systems design and programming for all avionics
including the Lockheed L 1011 automatic landing system.
Formed Warner Amex/Van Arnem Inc., in partnership with American Express
and Warner Communications. This was a joint venture to gain CATV licenses
in Michigan during the mid-to-Iate 1970's.
In the sports and entertainment fields, Mr, Van Arnem co-produced with George
Hamilton and Robert Kaufman the movie, "Love at First Bite" , distributed by American
I nternational Pictures, and grossing more than $100 million.
,
.
---- -'-"" ....... ........... ........ ... _..._.... .......Lv. _......1... _..._ .....~.....&.......... ""-'.L ..&. . ......
" ~vv":t
He was also an Associate Producer of the film, "The Quick and the Dead",
distributed by Columbia Pictures starring Stacey Keach and Jackie Stewart, This film
featured Formula One racing filmed in 70 mm.
From 1977 to 1984, Mr, Van Arnem was Director of the North American
Soccer League and General Partner of the Detroit Express, both indoor and out. He
was the American Soccer League Commissioner and Director, and CEO of the Detroit
Express Soccer team, located in the Silverdome, Pontiac, Michigan. The Detroit
Express team won the national championship in 1982.
He also hosted a one hour talk celebrity guest show on Channel 62 in Detroit,
primarily with professional NASL and ASL top players, In conjunction with the Detroit
Express season. Most games were televised over CATV Metro Detroit.
During the NFLPA strike, Mr. Van Arnem was on contract with Executive
Director, Fred Carvey of the NFLPA, to organize, promote and operate four games
between AFL & NFL All Stars which were broadcast by TNN to financially support the
NFLPA strike fund.
Mr. Van Arnem also owned Van Arnem Racing and raced In the SCCA Trans
Am and the International Motor Sports Association. In partnership with the Robbins
family, Van Arnem-Robbins Racing won the SCCA Trans Am in 1973.
//¡í5
~/O/.II lA
.
.
oK
: . . . 14
[IT' DF DELIA' BEA[H
DElRAY BEACH
f lOR I () A
tI.fD:II 100 NW, 1st AVENUE· DELRAY BEACH, FLORIDA 33444· 407/243-7CHJ
f'iifr MEMORANDUM
1993 TO: David T. Harden, City Manager
FROM: ~obert A. Barcinski, Assistant City Manager
SUBJECT: AGENDA ITEM # q D CITY COMMISSION MEETING 12/6/94
WAIVER REOUEST POLICE OVERTIME - ROOTS FESTIVAL
DATE: November 21, 1994
ACTION
City Commission is requested to consider waiving Police overtime for the
Root's Cultural Festival in the amount of $3,122,97,
BACKGROUND
We have received a request from Mr. Tommy Stevens, Chairperson for
Root's Cultural Festival, Inc. , to waive all Police overtime costs
incurred. Due to weather conditions and a smaller than normal turnout,
the Committee was unable to raise the funds necessary to meet all costs.
Attached is a copy of the Root's Festival revenue and expense statement.
The document has been reviewed by staff, The net balance is $1,410,
After additional discussion, Mr. Stevens has indicated that they would
be able to pay between $400 - $500 of this bill and still maintain a
small cash reserve for next year.
RECOMMENDATIONS
Consider request from Mr. Stevens to waive Police overtime charges for
this year's Root's Cultural Festival. Staff recommends waiver of $2700
of this bill.
Attachment ý(/~ !if ~ ,dã¡¡
RAB:kwg
s-()
File:agenda
Doc, Name:rootsovt.pd
@ P,inted on Recycled Paper THE EFFORT ALWAYS MATTERS
..
.
I.
. .
ROOTS FESTIVAL BUDGET
EXPHm I TURE~, :
A. ATHLETIC COMPONENTS:
1 . Tennis Tournament
Prizes $248.00
$15'=1 .00
$75.00
Tennis Balls $666.00
TOTAL: $1,148.00
,~ Basketball Tournament
¿.
Bookkeepers $468.00
Official $1,560.00
Banner $55.00
Administrative Costs (Fred Grice) $265.00
TOTAL: $2,348.00
B. OUTDOOR ACTIVITIES:
Truck Rental $243.00
Borrow Brothers $85.00
Health Dept (Pepsi Booths) $25.00
Person to clean bathrooms $240.00
Cleaning Supplies $15.00
Outdoor Security $96.00
Paid Pepsi Company $914.00
Expenses for Outdoor Gospel $150.00
Ice $360.00
Long distance phone calls $85.00
TOTAL: $2,213.00
C. SOUND AND MUSIC
Outdoor Music $400.00
Outdoor Sound $2,000.00
I ndooí I'1usic $450.00
Indoor Sound $950.00
TOTAL: $3,800.00
_._~- ._...~--
FESTIVAL T-SHIRTS $1,024.00
$115.00
Staff, Sscurity & Festival T-Shirts $2,485.00
.
'2.
. ,
TOTAL: $3,624.00
D. ACADEMIC COMPONENTS:
Year-to-Date $225.00
$3,200.00
TOTAL: $3,425.00
E. GENERAL LIABILITY POLICY:
The Plasteridge Agency, Inc. $1,300.00
F. TROPHIES:
Youth on Parade $177.00
Youth on Parade $131.00
Basketball Tournament $500.00
TOTAL: $808.00
G. PRAYER BREAKFAST:
Typing Programs $10.00
Catering Food $350.00
Printing Tickets $32.00
$34.00
TOTAL: $426.00
H. SOVENIER BOOKSLETS
Printing/Typeset $2,213.00
I . LIGHTING FOR OUTDOOR STAGE $1,100.00 '
GRAND TOTAL: $22,405.00
I
3·
.
.
LIABILITY:
Delray Beach Police Security $3,200.00
REVENUE:
City of Delray Beach $2,000.00
Crop Sponsorship $1,000.00
T-Shirts $1.569.00
Tennis Tournament $2,448.00
Basketball Tournament $3,848.00
Youth on Parade $600.00
Pepsi Sales '$2,400.00
Concession (booth space) $3,450.00
Donations (academic components) $3.200.00
Ads for sourvenir books $3,300.00
TOTAL: $23,815.00
IN-KIND COSTS:
Overtime staffing of Pompey Par $1,500.00
Regular part-time staffing $1,000.00
Security for facility $1,200.00
Security f)'om MAD DADS $1,656.00
TOTAL: $5,356.00
,
....\
\,
, .
. .
Tennis Tournament $2,448.00
Expenses $1,148.00
Profit $1,300.00
Basketball Tournament $3,848.00
Expenses $2,348.00
Profit $1,500.00
EXPENDITURES: $22,405.00
REVENUE: $23,815.00
"
[IT' DF DELIA' BEA[H
DHRA Y BEACH
f l 0 ~ I () ....
tI.ad 100 N,W, 1st AVENUE· DELRAY BEACH, FLORIDA 33444 . 407/243-7000
;~i'! MEMORANDUM
1993 TO: David T. Harden, City Manager
FROM: Cff!>- Robert A. Barcinski, Assistant City Manager
SUBJECT: AGENDA ITEM #9~ CITY COMMISSION MEETING 10/18/94
WAIVER REQUEST POLICE OVERTIME - ROOTS FESTIVAL
DATE: October 11, 1994
ACTION
City Commission is requested to consider waiving Police
overtime for the Root's Cultural Festival in the amount of
$3,122.97.
BACKGROUND
We have received a request from Mr. Tommy Stevens, Chairperson
for Root's Cultural Festival, Inc. , to waive all Police
overtime costs incurred. Due to weather conditions and a
smaller than normal turnout, the Committee was unable to raise
the funds necessary to meet all costs. Attached is a copy of
the Root's Festival revenue and expense statement. The
document has been reviewed by staff. The net balance is
$1,410. Mr. Stevens still anticipates the possibility of
receiving additional bills.
RECOMMENDATIONS
Consider request from Mr. Stevens to waive all Police overtime
charges for this year's Root's Cultural Festival.
RAB:kwg
File:grahamkw/Agenda f~ á- I/II/C¡é/
Doc. :1018doc.001
~ ~~~
@ Prmted on Recycled Paper THE EFFORT ALWAYS MATTERS
"
"-
ROOTS FESTIVAL BUDGET
EXPENDITURES:
A. ATHLETIC COMPONENTS:
1 . Tennis Tournament
Prizes $248.00
$159.00
$75.00
Tennis Balls $666.00
TOTAL: $1,148.00
2. Basketball Tournament
Bookkeepers $468.00
Official $1,560.00
Banner $55.00
Administrative Costs (Fred Grice) $265.00
"
TOTAL: , $2,348.00
B. OUTDOOR ACTIVITIES:
Truck Rental $243.00
Borrow Brothers $85.00
Health Dept (Pepsi Booths) $25.00
Person to clean bathrooms $240.00
Cleaning Supplies $15.00
Outdoor Security $96.00
Paid Pepsi Company $914.00
Expenses for Outdoor Gospel $150.00
Ice $360.00
Long distance phone calls $85.00
TOTAL: $2,213.00
I
c. SOUND AND MUSIC FOR BASKETBALL TOURNAMENT:
Sound $350.00
Outdoor Music $400.00
Outdoor Sound $2,000.00
TOTAL: $2,750.00
FESTIVAL T-SHIRTS $1,024.00
$115.00
TOTAL: $1,139.00
D. ACADEMIC COMPONENTS:
Year-to-Date $225.00
$3,200.00
TOTAL: $3,425.00
E. GENERAL LIABILITY POLICY: "
The Plasteridge Agency, Inc. $1,300.00
.
F. TROPHIES:
Youth on Parade $177.00
Youth on Parade $131.00
Basketball Tournament $500.00
TOTAL: $808.00
G. PRAYER BREAKFAST:
Typing Programs $10.00
Catering Food $350.00
Printing Tickets $32.00
$34.00
TOTAL: $426.00
H. SOVENIER BOOKS
Printing/Typeset $3,361.00
GRAND TOTAL: $17,770.00
I
. .
LIABILITY:
Delray Beach Police Security $3,200.00
REVENUE:
City of Delray Beach $2,000.00
Crop Sponsorship $1,000.00
T-Shirts $430.00
Tennis Tournament $1,300.00
Basketball Tournament $1,500.00
Youth on Parade $600.00
Pepsi Sales $2,400.00
Concession (booth space) $3,450.00
Donations (academic components) $3,200.00
Ads for sourvenir books $3,300.00
TOTAL: $19 , 180 .00
IN-KIND COSTS: ..
Overtime staffing of Pompey Par $1,500.00
Regular part-time staffing $1,000.00
Security for facility $1,200.00
Security from MAD DADS $1,656.00
TOTAL: $5,356.00
!
. <
Tennis Tournament $2,448.00
Expenses $1,148.00
Píofit $1,300.00
Basketball Tournament $3,848.00
Expenses $2,348.00
Profit $1,500.00
Roots Festival T-Shiíts $1,569.00
Expenses $1~139.00
Profit $430.00
EXPENDITURES: $17,770.00
REVENUE: $19,180.00
ð
.
I
I
. {l\
""fi1
(/r
[IT' DF DELIA' BEA[H
DElRAY BEACH
f tOR I [) A
b.f&d 100 N.W. 1st AVENUE, DELRAY BEACH, FLORIDA 33444 . 407/243-100C
All-America City ~¿#
' III I!
MEMORANDUM ()Þi þ!-/
1993
6/0
TO: David T. Harden, City Manager
FROM: jt%obert A. BarcinskL Assistant City Manager
SUBJECT: AGENDA ITEM # CITY COMMISSION MEETING DECEMBER 6, 1994
APPROVAL SPECIAL EVENT HOOP IT UP AND AGREEMENT
DATE: November 30, 1994
ACTION
City Commission is requested to endorse HOOP IT UP, a special event being promoted by
the Joint Venture, You are also being asked to commit staff support and to be a co-
signer to the agreement for the event with the Joint Venture,
BACKGROUND
City Commission reviewed this item at your November 9th meeting and agreed to the
event in principle, Commission requested an estimate of City costs, a review of the
insurance provisions, and additional information on the event. Mr. Purdy, along with Ms.
Ferrer, will be available to answer any questions, HOOP IT UP is an international, three-on-
three, basketball tournament sponsored by Streetball Partners, Inc.. The event is being
planned for October 14-15, 1995, on Atlantic A venue between S. W. 1 st A venue and S. W.
6th avenue, and about 2 blocks south of Atlantic on S,W. 2nd and 3rd Avenues, City
involvement would include:
Assisting in obtaining permits, i.e" D.O.T,
Barricading streets and installing parking signage
Assisting in filling basketball goal weights with water
Traffic control
Security
Trash and garbage pick-up and street cleaning
Assist in obtaining teams
Providing referees
Since your last meeting some changes have been made to the agreement. Lee
Graham has reviewed the insurance provisions and thinks it is okay as long as SPI provides
primary coverage for participants in case of an accident. Staff overtime costs are
estimated to be approximately $2,200. This includes barricade rental, trash removal,
barricade set-up, street clean-up and referees. The Police Department and Fire
@ Printed on Recycled Pape, THE EFFORT ALWAYS MATTERS q.£.
'.
AGENDA ITEM #
HOOP IT UP
Page 2
Department have indicated that they can meet the needs with on-duty personnel and
volunteers. This event would also assist charitable organizations in fund-raising. A
commitment is needed now in order to be included in the 1995 program book. Staff,
including the City Attorney. have reviewed the agreement.
RECOMMENDATION
Consider approval of the agreement,
RAB:kwg
Attachment
File:g:agenda
Doc.:hoopitup,agm
,
[IT' DF DELRA' IEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278·4755 Wr.1.t._r· _ D.1.rec:t. L.1.ne
DELRA Y BEACH (407) 243-7090
F LOR IDA
~
AII·America City
" III! MEMORANDUM
Date: November 29, 1994
1993
To: Robert A. Barcinski, Assistant City Ma~~
From: David N. Tolces, Assistant City Attorne
Subject: Hoop It Up Agreement with SPI
Attached is the latest draft of the above-referenced
agreement. Please advise if any additional modifications
are necessary.
DNT: smk
Attachment
cc: Marjorie Ferrer, Downtown Coordinator
® Printed on Recycled Paper
'.
AGREEMENT
THIS AGREEMENT entered into this _ day of ,
1994, by and between the CITY OF DELRAY BEACH ("City"), a
Florida municipal corporation, DELRAY BEACH JOINT VENTURE,
hereinafter referred to as ("Joint Venture" ) and STREETBALL
PARTNERS INTERNATIONAL, INC. , a Texas Corporation, hereinafter
referred to as ("SPI").
WIT N E SSE T H:
WHEREAS, SPI organizes and promotes 3-on-3 basketball
tournaments, known as "Hoop It Up", in municipalities, through-
out the United States and Europe; and
WHEREAS, SPI desires to hold the "Hoop It Up" tournament
in Delray Beach during the City's 1995 Heritage Month
Celebration, on the dates of October 14-15, 1995; and
WHEREAS, the City and the Joint Venture desire to assist
in the promotion and organization of "Hoop I t Up" in order to
provide a community wide athletic event in which all
individuals may participate as part of the City's Heritage
Month Celebration.
NOW, THEREFORE, in consideration of the mutual covenants
and undertakings set forth herein, and other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, the City, the Joint Venture, and SPI do hereby
agree as follows:
"
1. Subject to City's scheduling requirements as
contained in the agreements'with Palm Beach County and Gemini,
Inc. , the City will permit SPI and the Joint Venture to hold
the "Hoop It Up" basketball tournament ("Event") on October
14th and 15th, 1995 in the City of Delray Beach, Florida.
2. The site of the event will include the area on West
Atlantic Avenue from S.W. 6th Avenue to S.W. 1st Avenue,
including the area along S. W. 3rd Avenue and S.W. 2nd Avenue
south to Southwest 2nd Street. Access to the police station
shall remain open. SPI will be allowed to use portions of the
Municipal Tennis Center front parking lot and tennis center
areas for event activities.
3 . The City agrees to provide for the closure of the
site to all vehicular traffic no later than 12:00 p.m. on
October 13, 1995. The site will be closed to all vehicular
traffic until approximately 8:30 p.m. on October 15, 1995. On
October 14th and 15th the event hours shall be from 8: 30 a.m.
to 6: 00 p. m. .
4. The City and the Joint Venture shall provide the
following:
a. Assistance in acquiring all necessary permits and
approvals for the Event.
b. The City's Fire Department shall fill approxi-
mately sixty 55-gallon barrels with water for use at the
site.
c. The City will block of the event site with
barricades, and other traffic control devices.
2
"
d. The City will provide parking locations and
re-direction of traffic around the site.
e. The City will provide police officers to patrol
the site area during the hours the event is taking place.
If SPI desires, SPI may contract with the Police
Department for off-duty security at the prevailing off-
duty detail hourly rate.
f. The City and the Joint Venture will assist in the
distribution of event information.
g. The City will provide 10 "basketball knowledge-
able" individuals and 6-8 referee's for the event weekend.
These individuals will work with SPI staff to provide game
management.
h. The City will provide SPI with a list of teams
who may need assistance with entry fees, who may be
assisted by the corporate youth program.
i. The City will provide sufficient trash
receptacles and shall provide clean up and sanitation
staff.
j . The City and the Joint Venture shall identify the
charitable organizations which will receive the monies
raised by the event.
k. The City shall provide locations for concession
booths to be run by designated organizations who may use
the booths to sell food and beverage for fundraising
purposes as approved by SP!.
3
'f
,
1. The City agrees to provide a location in the
Community Center on October 12th for SPI to use as a
temporary office.
5. SPI shall provide the following:
a. One 30 or 40 yard dumpster to be emptied each day
by a licensed sanitation company.
b. A donation of $15.00 per paid team and other
assistance in exchange for volunteers who assist with the
event. SPI will also create a special event for the
designated charitiea to be run by SPI. Each special event
will charge $1.00 per participant, and the funds raised
will belong to the organization holding the event.
6. The Joint Venture shall provide the following:
a. Assist in communication between the City, SPI,
and event sponsors.
b. Assist in the recruitment of a Hotel partner for
the event. SPI will require approximately 50 room nights
during the week prior to the event and the event weekend.
The Hotel partner would be named aa the "Official Hotel of
the Hoop It Up Tournament."
c. Assist SPI and Carqueat Bowl Staff in identifying
media partnera.
d. Assist SPI and Carqueat Bowl Staff in identifying
any key aponsora.
e. Supply a amall desk and telephone to be used by
SPI ataff or event employeea. The City of Delray Beach
4
'.
,
Chamber of Commerce would be the location for "last
minute" drop off location for entry forms.
f. Assist in identifying corporate youth program
sponsors.
g. Assist in identifying key individuals to control
volunteer recruitment and implementation of the volunteer
plan.
h. Secure $15,000.00 net sponsorship dollars in
order for the event to take place.
7 . SPI shall provide the City with a properly executed
insurance certificate indicating that SPI has general liability
insurance in an amount of $1,000,000.00, as well as a partici-
pant accident policy, with the City of Delray Beach and the
Delray Beach Joint Venture named as an additional insured on
both policies.
8 . Approximately 30 days before the event, SPI shall
consult with the city of Delray Beach Police Department
regarding any City police officers which would be required.
9. All entertainment equipment necessary to produce the
event shall be supplied by SPI, and will be set up and removed
by SPI.
10. SPI will pay the expense for all clean-up following
the event and shall return the site location to the same
condition it was in prior to the event.
II. In consideration of the payment of $10.00, receipt of
which is hereby acknowledged, SPI agrees to indemnify, defend,
release and hold harmless, the City of Delray Beach, the Delray
5
"
Beach Joint Venture, their representatives, agents, and
employees, from any claims, suits, causes of action or any
claim whatsoever made arising from SPI's activities, or from
any claims for damages to property or injuries to persons which
may be occasioned by any activity carried on pursuant to this
Agreement, including SPI's employees, agents and staff.
12. This Agreement, including attachments hereto,
constitutes the entire Agreement between the parties, and shall
supersede and replace all prior agreements or understandings,
written or oral, relating to the matters set forth herein.
13. This Agreement may be amended or modified only by
written addendum or amendment signed by the parties and
authorized by their respective elected official.
14. This Agreement shall be effective on the date
executed by the City of Delray Beach and shall remain in force
until cancelled by either party. Either party may cancel this
Agreement by providing written notice.
15. This Agreement shall be deemed to be made and shall
be in accordance with the laws of the State of Florida which
will be controlling in any dispute that arises pursuant to this
Agreement.
16. All notice required or allowed by this Agreement
shall be delivered in person or mailed to the party at the
following address:
City of Delray Beach: Joe Weldon, Director of
of Parks and Recreation
50 N.W. 1st Avenue
Delray Beach, FL 33444
6
"
SPI: Tom Purdie
Streetball Partners Int'l, Inc.
4006 Belt Line Road, Suite 230
Dallas, Texas 75244-2329
Delray Beach Joint
Venture: Marjorie Ferrer
Downtown Coordinator
64 S.E. 5th Avenue
Delray Beach, FL 33483
IN WITNESS WHEREOF, the parties hereunto have executed
this Agreement on the date first above-written.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Thomas Lynch, Mayor
Approved as to Form and
Legal Sufficiency:
City Attorney
WITNESS: DELRAY BEACH JOINT VENTURE
By:
(Print or Type Name) (Print or Type Name)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me
this _ day of , 1994 by
, partner (or agent) on behalf of
(name of partnership), a
partnership. He/she is personally known to me or has produced
7
"
,
as identification and did
(did not) take an oath.
Signature of Notary Public -
State of Florida
WITNESS: STREETBALL PARTNERS INT'L, INC.
By:
Tom Purdie
(Print or Type Name)
(CORPORATE SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me
this day of , 1994, by
(name of officer or agent, title of officer
or agent, of (name of
corporation acknowledging), ·a (state or place
of incorporation), corporation, on behalf of the corporation.
He/She is personally known to me/or has produced
(type of identification) as identification
and did (did not) take an oath.
Signature of Notary Public -
State of Florida
Print, Type or Stamp Name of
Notary Public
hoopit.agt
8
'.
·
~)y/" :-Í" ç-,(/
{.'\
p;', 1
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~T~HA~ITY MANAGER
FROM: DIANE DOMINGUEZ, Ij~
DIRECTOR OF PLANNI ~ ONING
SUBJECT: MEETING OF DECEMBER 6, 1994
ESTABLISHING A DATE FOR THE ANNUAL TOWN HALL MEETING
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
setting a date for the third annual Town Hall Meeting.
B A C K G R 0 U N D:
The Planning and Zoning Department is in the process of
coordinating the third annual Town Hall Meeting, to be held at
the Crest Theater at Old School Square in January. As in
previous years, the meeting will consist of presentations by
advisory board members and the City administration, input from
the public, and remarks by the Mayor and Commissioners. The
purpose of the meeting is to report on the accomplishments of
the past year, assess the level of progress made toward
achieving goals, and provide additional opportunities for
public input and interaction.
Last year's meeting was held on the Tuesday in January that
would normally have been a worksession meeting. This year there
are already several items scheduled for the January worksession,
therefore, it would be advisable to hold the Town Hall Meeting
on an alternate night.
There are five Tuesdays in January 1995, the last two of which
are currently not scheduled for City Commission meetings
(1/24/95 and 1/31/95). The Town Hall Meeting could be held on
either of those Tuesdays. The Crest Theater is available on
both nights.
R E COM MEN D E D ACT ION:
By motion, designate a date in January 1995 for the third annual
Town Hall Meeting.
fftnu.ffeL{ 3 I ) 1995
or . orWNHI,L . DOC 9.F.
.
- l
[IT' DF DELRAY IEA[H
DElRA Y BEACH
F lOll I D A
tdtd 100 N,W, 1st AVENUE, DELRAY BEACH, FLORIDA 33444 . 407/243-7000
AII·America City MEMORANDUM
, 1111 !TO David T, Harden, City Manager
1993 ,ePRobert A. Barcinski. Assistant City Manager
FROM:
SUBJECT: AGENDA ITEM # CITY COMMISSION MEETING, DECEMBER 6, 1994
ENDORSEMENT EDUCATION BOARD RECOMMENDATION MORIKAMI
ELEMENTARY SCHOOL SITE
DATE: November 29, 1994
ACTION
City Commission is requested to endorse and forward to the Palm Beach County School
Board a recommendation objecting to the proposed Morikami site for an elementary
school, with a recommendation to site and build an elementary school east of 1-95, prior
to construction of the Morikami site,
BACKGROUND
The Palm Beach County School Board is moving forward with plans to build another
elementary school on property they own at Morikami. This site was selected over five
years ago, Current plans forecast this school to be built and operational by January,
1996.
At a regular meeting on November 21, 1994, the Education Board voted unanimously to
recommend to the City Commission an objection to building an elementary school at
the Morikami site, and to recommend to the School Board that a new elementary school
be built east of 1-95, prior to the Morikami site, per the Sharing for Excellence 1994
recommendation,
The reasons for the Education Board's recommendation are as follows:
· Morikami site not really in neutral zone - only 4% minority population near site,
· Delray Beach minority students would have to be bused to this site to achieve racial
balance.
· The Morikami site does not follow recommendation contained in Project Mosaic.
RECOMMENDATION
Consider Education Board's recommendation.
fJ?ø&m -& ~
RAB:kwg 5-()
@ P,inted on Recycled Pape, THE EFFORT ALWAYS MATTERS 9.G.
'.
,
M E M 0 RAN D U M
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tflv(
SUBJECT: AGENDA ITEM i qH - MEETING OF DECEMBER 6, 1994
SERVICE AUTHORIZATION NO. 14/DAVID MILLER AND ASSOCIATES
DATE: DECEMBER 1, 1994
This is before the Commission to consider approval of Service
Authorization No. 14 with David Miller and Associates for the
design, bidding and construction administration services for the
Beach Patrol facility to be located on the eastern one-third of the
Sandoway Park site.
The not to exceed amount of $20,000.00 includes a lump sum fee of
$16,000.00 for preliminary design and construction documents, a not
to exceed amount of $3,000.00 for bidding and construction
administration services, and a not to exceed amount of $1,000,00
for reimbursable expenses. Funding is available from the General
Construction Fund/Beach Improvements - Sandoway Lifeguard
Headquarters (Account No. 334-4170-572-63.44).
Recommend approval of Service Authorization No. 14 with David
Miller and Associates for design consulting services for the Beach
Patrol facility at Sandoway Park.
~ .5-0
ref:agmemo10
.
Agenda Item No.
AGENDA REQUEST
Date: November 28, 1994
Request to be placed on:
__X__ Regular Agenda
Special Agenda
Workshop Agenda When: December 6, 1994
Description of item (who, what, where, how much) : Staff request City
Commission approve Service Authorization #14 to the contract with David Miller
and Associates for consulting services necessary for the design, bidding and
construction administration services for the Beach Patrol Facilit to be located
at the eastern 1 3 of the current site of Sandoway Park. The proposed fee is a
lum sum fee of $16,000.00 for reliminar desi n and construction documents,
then an hourly, not to exceed fee of 3,000.00 for bidding and construction
administration services. Additionally, the request includes a not to exceed fee
of $1,000.00 for reimbursable expenses. The total fee requested is a not to
exceed fee of $20,000.00 Funding is available in the General Construction Fund,
Parks and Recreation Beach Improvement Account # 334-4170-572-63.44.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of service authorization
#14 to the contract with David Miller & Assoc. in the amount of not
to exceed $20,000.00 for design consulting services on the Beach
Patrol Facility at Sandoway park.~ f//7JSþt/
Department head signature: ~ ~ ~~~J~~
Determination of Consistency with Comprehensive Plan:
Ci ty Attorney Review/Recommendation (if applicable) :
Budget Director Review (required on all items involving expenditure
of funds): @
Funding available: E /NO
Funding alternatives
Account No. & De~ri tio ¡Mv-¡¡J;¿
Account Balance
City Manager Review: ~/NO trJ0
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
\esd\9515\agreq126
.
.
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager ~
From: William H. Greenwood .fd.
Director of Environmental Services
Date: November 28, 1994
Subject: AGENDA REQUEST
Beach Patrol Facility
Service Authorization #14
Project Number 95-15
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Staff request city Commission review and approve Service
Authorization #14 to the Contract with David Miller and Associates
in the amount of not to exceed $20,000.00. This Service
Authorization is for preliminary design, bidding and construction
administration services for the new Beach Patrol Facility to be
located on the eastern 1/3 of Sandoway Park.
The fee is proposed to be a fixed fee of $16,000.00 to cover the
design development, preliminary design and construction document
phase. The remainder of the fee is to be an hourly fee, based on
our contractual rates, for bidding and construction administration
services, not to exceed $3,000.00, plus $1,000.00 for reimbursable
expenses.
Attached is a copy of the Service Authorization as submitted by the
consultant, David Miller.
A total project budget of $225,000.00 has been allocated for this
project, and the preliminary construction cost estimate, dated
April, 1993 is $204,000.00. Funding is available in the General
Construction Fund, Parks and Recreation Beach Improvement, Sandoway
Life Guard Headquarters Account #334-4170-572-63.44.
cc: José Aguila
Joe Weldon
File 95-15 (A)
\ESD\9515\agmem126
'.
,
DA VIO MILLER & ASSOCIATES
CITY OF DELRA Y BEACH
CONSUL TING SERVICE AUTHORIZATION
DATE:
SERVICE AUTHORJZA TrON NO,li. FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE 334-4170-572-63.44
PROJECT NO. 95-1~CITY) DM&A 94-906 (DA VIO MILLER & ASSOC.)
TITLE: Beach P:1trol Facility
This Service Authorization. when executcd. sh¡¡1I be incorpor¡¡ted in ¡¡nd shall become :1n integral pnrt of the
Contract, dated October 22. 1991. between the City of Delmy Beach ¡¡nd D¡¡vid Miller & Associates.
1. PROJECT DESCRIPTION
New facility for the Be¡¡ch P¡¡trol (¡¡pproximatcly 3.000 s.f.) to be 10c:lled at Snndaway Park on AlA.
The facility \\;1\ include ¡¡dministrati\'e ¡¡rcas. st¡¡1l' areas. public facilities, and storagclmaintennnce ¡¡reas.
Modifications to the existing site are :1lso included. Scope of scr\"Ìces authorization includes prepnration
of construction documents ¡¡S we\1 ¡¡s assistance during construction.
II. SCOPE OF SERVICES
The following scope of serviccs is dcveloped in accord:mce with the Stnndnrd Agreement for
Architectural SerYices,
Phase I through V - Included in this Service Authorization
III. BUDGET
Architectural Fees ..s follows:
Phase I, [I, & III - For lump slim fee of $16.000,00
Phase IV & V - On ..n hourly basis not to exceed $3000.00 without prior "Titten
allthorizntion, Rcimbllrs¡¡ble expenses not to exceed $1000,00.
Payment shall be in accordance with Article VII A,2,
"
.
IV. COMPLETION DATE
Bid documents within ninety (90) days of formal acceptance of service authorization.
This service authorization is apprO\'ed contingent upon the City's acceptance of and satisfaction with the
completion of the services rendered in the previous phase or as encompassed by the previous service
authorization. If the City in its sole discretion IS unsatisfied with the services provided in the previous phase or
service authorization, the City may terminate the contract without incurring any further liability. The
CONSULTANT may not commence work on any service authorization without a further notice to proceed.
Approved by:
CITY OF DELRA Y BEACH
Date Dale
B\'
David R, MilIer. AlA
Approved City Commission ~.¡M /1uJcilp
By: W¡lncss~~o/
Mayor ~
Witness
Attest: Approved as to legal sufficiency and form
STATE OF FLORIDA By:
City Attorney
COUNTY OF PALM BEACH
The foregoing instrument \\as acknowledged before me thi0- day Of~, 1994 by David R.
Miller. AlA Sole Proorietor, on behalf' of Dm'id Miller and Associates. a sole proprietorship. He is personally
know to me and did take an oath.
.
·
EXHIBIT B
David Miller & Associates, Hourly Rates
Hourly Hourly Raw
Raw Salary Salarv Rate
Rates Timcs 3.00
Multiplicr
Employer Category
Professionals --Engineers, Architects. Planners
Architects:
Principal Architect $30,00 $90,00
Project Manager $2500 $75,00
Architect I $21,00 $65.00
Architect II $1933 $55,00
Engineers:
MEP Engineer * $50.00
MEP Draftsman * $25.00
Structural Engineer * $65.00
Structural Draftsman * $40.00
Civil Engineer * $65,00
Civil Draftsmnn * $4000
Landscape Architccts:
Landscape Architects * $65,00
Landscape Draftsman * $40.00
Office Support
Included as a part of the ovcrhead multiplier to the basie professionnl rates.
Engineering fees for hourly projects are passed through bnsed upon their stnndnrd billing rntcs, and their
office support is included as a part or their ("('Ites.
consulau.beoch
,
Part III - projected programmatic Requirements
The following identifies the spaces potentially required of a new
facility for the Beach Patrol. These new spaces will include:
Supervisor's Office
Common Work Room/Equipment Issue
Men's Lockers and Restroom
Women's Lockers and Restroom
First Aid/Uniform Storage
Training/Physical Conditioning
Major Equipment storage/Maintenance
By combining uses, several spaces can serve more than one function.
Also necessary for effective functioning would be a kitchen,
miscellaneous storage, and area for circulation.
Public use spaces which could appropriately located at this
facility include public rëstrooms and meeting/multipurpose space
for instructional classes as well as staff meetings. The following
table takes each of these identified spaces, assumes an occupancy
level and projects a proposed size in square feet. The overall
size of the proposed new facility is tabulated from this table.
, , . . " ,
,
CITY OF DELRAY BEACH NEW PATROL FACILITY
PROPOSED PROGRAMMATIC REQUIREMENTS
PROPOSED
SPACE CAPACITY SQUARE FOOTAGE
Supervisors Office 1 person 150 sq. ft.
Common Workroom/Equip. Issue 4 people 200 sq. ft.
Men's Lockers and Restroom 25 - 30 people 200 sq. ft.
Women's Lockers and Restroom 1 - 5 people 50 sq. ft.
First Aid/Uniform storage N/A 100 sq. ft.
Training/physical conditioning 4 people 150 sq. ft.
Major Equip. Storage/ N/A 800 sq. ft.
Maintenance Areas
Circulation/Kitchen/Misc. N/A 200 sq. ft.
Storage
Public Restrooms 10 people 250 sq. ft.
Meeting/multi purpose 25 - 30 people 400 sq. ft,
TOTAL 2,500 sq. ft.
. I " ,
,
Part IV - site Selection
The best possible location for this facility would be at a midpoint
of the beach on the beach side of Ocean Boulevard. Because of the
proximity of the road to the dune, it would be difficult to place
the facility in this location. Other potential locations include
city owned property at Sandaway and Anchor Parks. The more central
location of Sandaway Park makes it the preferable location for the
proposed new facility. This site has adequate parking, there is
ample room to construct the new facility, and there are presently
no public restrooms at this location. Due to the existing grade
differential, a two level facility can be constructed. In
utilizing two levels, the major equipment storage and maintenance
area could be adjacent to the parking area at the lower portion of
the site, and the remaining functions could be at an upper level at
the park facing Ocean Boulevard and the beach.
'.
.
Part V - Proposed Plans
In utilizing the natural features of i::he site, a two level space
plan has been developed. (Please refer to the space plans on the
following pages) . In this scheme, the public entry is off the park
facing east, the staff has secured access directly into their
locker and restroom areas, the Supervisor's office and workroom
have visibility towards the beach, and there is the potential for
public restrooms as well as public access to the multi-function
space. The attached space plans show how the previously identified
spaces function together. Another item which may be useful during
emergency situations would be to incorporate a watch tower into the
facility to allow unobstructed visual observation of the beach from
the facility. These schematic plans are preliminary in nature and
reflect but one feasible solution to the needs outlined previously.
, , , I ' "
.
I .~
I c:
."
-¿
't ~
i:J
t"
H :d
:.:
H ~'
~
t< t'
"d
§
:d
't
E
J'
~: ;'
m
! 0
~
't C1
~ 't
'"
t" I<
!it :d í
H ~
~ ~
t< t" ~
"d ~
§
III
>d
E /
~
:;¡
David Miller ånù Ass(j,i1\ICS CITY OF DELRAY BEACH
, Archiu:ctUrt, Planning, Construction Mnnagemenl PROPOSED NEW BEACH PATROL FACILITY
,V I IO~ South Nuci"uJ Avcnur I
WCII r.lm ne.c:h. Florifl. :\:",o1 APRIL 26, 1993
(407) fi~I! ·177!1
,
VI - preliminary Estimate of Cost
Listed below is a preliminary estimate of cost for this facility.
This estimate makes a number of assumptions about the construction
techniques to be utilized, the durability and type of exterior
materials, the expected interior finishes, and the existing
constraints of the site. It has been assembled without the benefit
of quotes or bids from contractors and suppliers. It should be
utilized at this point as a starting point in the City's budgetary
process.
ITEM ESTIMATE OF COST
Site Work, utilities, Landscaping $ 25,000
Building Envelope 50,000
Roof 20,000
Doors, Windows 10,000
Interior Finishes 35,000
Mechanical 7,500
Electrical 7,500
Plumbing 15,000
specialties/Life Safety 5,000
Lockers 3,000
Furnishings 8,000
Contingency (10%) 18,000
Total Estimated Cost $ 204,000
'.
.
.
FUTURE NEEDS ASSESSMENT/FEASIBILITY REPORT
CITY OF DELRAY BEACH
PROPOSED NEW BEACH PATROL FACILITY
PREPARED FOR
CITY OF DELRAY BEACH
PARKS AND RECREATION DEPARTMENT
JOE WELDON, DIRECTOR
PREPARED BY
DAVID R. MILLER, A.I.A~
DAVID MILLER AND ASSOCIATES
105 SOUTH NARCISSUS AVENUE, SUITE 608
WEST PALM BEACH, FLORIDA 33401
APRIL 26, 1993
., . .. . r ,. ~ ..
. ,.'
.
,
.
TABLE OF CONTENTS
PART I - INTRODUCTION
PART II - PROJECTED NEEDS
PART III - PROJECTED PROGRAMMATIC REQUIREMENTS
PART IV - SITE SELECTION
PART V - PROPOSED PLAN
PART VI - PRELIMINARY ESTIMATE OF COST
.. ' . I ""
.-
"
Part I - Introduction
This report contains six distinct parts: This introduction;
identification of the projected needs of the Beach Patrol;
extrapolation of those needs into the programmatic requirements for
a new facility; identification of probable sites for a new
facility; a layout of spaces based upon the program and site; and
an estimate of construction cost.
The information in this report was gathered from field inspections
and a review of the existing facility as well as interviews with
the Director of the Parks and Recreation Department, Mr. Joe Weldon
and the Supervisor of the Beach Patrol, Mr. Rich Connell. The site
plans and program presented for review have been arrived at
independently, and are based upon a thorough analysis of the future
operation and needs of the Beach Patrol.
, . "'1 " .
,
Part II - projected Needs
The future needs of the Beach Patrol are not expected to increase
greatly over their present level because the public beach is
limited in size. Two additional guard towers could be added at the
north end. The future manpower requirements of the Patrol would
not be likely to exceed thirty people (counting full and part time
staff) . Besides the primary function of the Beach Patrol, their
other job functions are not expected to expand significantly.
As a result, in planning for a new facility, this limited growth
will dictate the appropriate size necessary to avoid a functional
obsolescence. It would be expected that a new facility will be
able to serve the future needs of the Beach Patrol and avoid the
rebuilding process at a future date.
, , , , '. .
,
·
Part III - projected Programmatic Requirements
The following identifies the spaces potentially required of a new
facility for the Beach Patrol. These new spaces will include:
Supervisor's Office
Common Work Room/Equipment Issue
Men's Lockers and Restroom
Women's Lockers and Restroom
First Aid/Uniform Storage
Training/Physical Conditioning
Major Equipment Storage/Maintenance
By combining uses, several spaces can serve more than one function.
Also necessary for effective functioning would be a kitchen,
miscellaneous storage, and area for circulation.
Public use spaces which could appropriately located at this
facility include public rëstrooms and meeting/multipurpose space
for instructional classes as well as staff meetings. The following
table takes each of these identified spaces, assumes an occupancy
level and proj ects a proposed size in square feet. The overall
size of the proposed new facility is tabulated from this table.
, , , , ' "
I
.
CITY OF DELRAY BEACH NEW PATROL FACILITY
PROPOSED PROGRAMMATIC REQUIREMENTS
PROPOSED
SPACE CAPACITY SOUARE FOOTAGE
Supervisors Office 1 person 150 sq. ft.
Common Workroom/Equip. Issue 4 people 200 sq. ft.
Men's Lockers and Restroom 25 - 30 people 200 sq. ft.
Women's Lockers and Restroom 1 - 5 people 50 sq. ft.
First Aid/Uniform Storage N/A 100 sq. ft.
Training/physical conditioning 4 people 150 sq. ft.
Major Equip. Storage/ N/A 800 sq. ft.
Maintenance Areas
Circulation/Kltchen/Misc, N/A 200 sq. ft.
Storage
Public Restrooms 10 people 250 sq. ft.
Meeting/multi purpose 25 - 30 people 400 sq. ft.
TOTAL 2,500 sq. ft.
, , . I 't.
"
·
Part IV - site Selection
The best possible location for this facility would be at a midpoint
of the beach on the beach side of Ocean Boulevard. Because of the
proximity of the road to the dune, it would be difficult to place
the facility in this location. Other potential locations include
City owned property at Sandaway and Anchor Parks. The more central
location of Sandaway Park makes it the preferable location for the
proposed new facility. This site has adequate parking, there is
ample room to construct the new facility, and there are presently
no public restrooms at this location. Due to the existing grade
differential, a two level facility can be constructed. In
utilizing two levels, the major equipment storage and maintenance
area could be adjacent to the parking area at the lower portion of
the site, and the remaining functions could be at an upper level at
the park facing Ocean Boulevard and the beach.
I
·
Part V - Proposed Plans
In utilizing the natural features of ~he site, a two level space
plan has been developed. (Please refer to the space plans on the
following pages) . In this scheme, the public entry is off the park
facing east, the staff has secured access directly into their
locker and restroom areas, the Supervisor's office and workroom
have visibility towards the beach, and there is the potential for
public rest rooms as well as public access to the multi-function
space. The attached space plans show how the previously identified
spaces function together. Another item which may be useful during
emergency situations would be to incorporate a watch tower into the
facility to allow unobstructed visual observation of the beach from
the facility. These schematic plans are preliminary in nature and
reflect but one feasible solution to the needs outlined previously.
, , , 'I ,.....
,
,
C;tLl't;t;!J (tOt>
£66t 'n '1nldV IO¡'~( 8P!JOI.:.l 'lp.':IU W _J "~M I
I ,.nu;)^v InupnN 'I)T\OS ÇOI ^-I
Ã.'£I'110Y4 'I01l.'£YcI (OYiill .liiiN aiiSOcl01lcl 1uôJwaSuul!y.J IIOpJrUI'iUo::> 'iU!UU8Id '.:um'''1!lpJV
(OYiill ÃY1I'Iiia 40Ã.'£1O ~;¡Il¡! ,pssV put¡ J~I!!N p'!^ea
l:
:s
/ ~
lit
III
§
....
H ä
§
H
III ~
f H
lit S
þ
1-)
~
u u
~ ~
~
lit
III
§
....
H i
§
H
III :0:
H
§ H
[;!
lit
f-
a.
:>
.
· . ~
VI - Preliminary Estimate of Cost
Listed below is a preliminary estimate of cost for this facility.
This estimate makes a number of assumptions about the construction
techniques to be utilized, the durability and type of exterior
materials, the expected interior finishes, and the existing
constraints of the site. It has been assembled without the benefit
of quotes or bids from contractors and suppliers. It should be
utilized at this point as a starting point in the City's budgetary
process.
ITEM ESTIMATE OF COST
Site Work, Utilities, Landscaping $ 25,000
Building Envelope 50,000
Roof 20,000
Doors, Windows 10,000
Interior Finishes 35,000
Mechanical 7,500
Electrical 7,500
Plumbing 15,000
Specialties/Life Safety 5,000
Lockers 3,000
Furnishings 8,000
Contingency (10%) 18,000
Total Estimated Cost $ 204,000
'I
ç'((
t,~l1
[IT' DF DELRA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE· DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Wri ter' s Direct Line
DELRAY BEACH (407) 243-7091
f lOR I D "
....... MEMORANDUM
AII·America City
" III~ATE: November 28, 199,4
1993 TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Sultenfuss vs. the City of Delray Beach
This case arises out of an automobile accident that occurred on
May 20, 1993 involving a car driven by Mrs. Sultenfuss and a
car driven by a City employee. The accident occurred on South
Dixie Highway, south of Linton Boulevard. The City's driver
made a U-turn, hitting the 1983 Mercedes 380 driven by Mrs.
Sultenfuss in the side. The city's driver received a citation.
Mrs. Sultenfuss made an initial demand of $75,000.
A MRI scan of Mrs. Sultenfuss shows a herniated disk which is
in the neck at the cervical 2/3 location. Mrs. Sultenfuss's
medical expenses are approximately $9,000. In addition, Mrs.
Sultenfuss's car, after repairs, lost value due to the
accident. The City approximates the lost value of the car to
be approximately $3,500. The Plaintiff states that the lost
value of the car is $12,000. Mrs. Sultenfuss also claims lost
wages in the approximate amount of $15,000, as well as damages
for pain and suffering.
A settlement has been negotiated subject to City Commission
approval, in the amount of $25,500 which includes all damages,
attorney's fees and costs. Our office recommends the City
Commission accept the proposed settlement in the amount of
$25,500 subject to obtaining appropriate releases, upon the
terms outlined above.
By copy of this memorandum to David Harden, City Manager, our
office requests this settlement be placed on the City
Commission regular agenda for approval.
f you have any questions. ~5/0
¡<H b I qLj
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
Lee Graham, Risk Manager q.:£..
® Printed on Recycled Paper
"
.
. , ' ,,-
i ,7 / ( . -J"ì'1'1' '1 ;;,_ /",
'¿ , j I,'..<,¿LL,H,
RECElVED
[IT' DF DELIA' BEA[H HOV 1 61994
CITY MA~" ~"'r)'(: nFFIGE
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278·4755 Writer's Direct Line
DELRA Y BEACH (407) 243-7091
f tOR I D "
b.e.d MEMORANDUM
AII·America City
" III~ATE: November 18, 1994
1993 TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: City of Delray Beach vs. American Centennial
Insurance Company - Aero-Dri Matter
Our office has received a offer from American Centennial to pay
the City $60,000.00 in settlement of the claim of the City.
The Razetes will receive $15,000.00. The Razetes will also
agree to indemnify American Centennial in the event of any
further claims. Our office, along with our outside counsel,
Steven Berger, recommend the City Commission accept the
$60,000.00 in settlement with American Centennial subject to
our office reaching agreement as to the form of the agreement
and release.
By copy of this memorandum to David Harden, our office requests
that this settlement matter be placed on the City Commission
December 6, 1994 agenda for City Commission consideration.
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
Steven R. Berger, Esq.
S..-Ó
~~)
L~
® Printed on Recycled Paper 9..f
,"
OK
~
;~'"
.~ \
1 .~
[I" DF DELRA' IEA[H ", ''''''·c
'V
"\ ~~~.' -:"
'~,~< ,""
OELRAY BEACH
r l {) R , D ...
bad 100 N,W, 1st AVENUE, DELRAY BEACH, FLORIDA 33444· 407/243-7000
A1I-AmericaCity
, III I! MEMORANDUM
1993
TO: David T, Harden, City Manager
FROM: icAobert A, Barcinski, Assistant City Manager
SUBJECT: AGENDA ITEM , CITY COMMISSION MEETING DECEMBER 6, 1994
APPROVAL RESOLUTION '93-94 SEACREST PROPERTY TASK TEAM
DATE: November 30, 1994
ACTION
City Commission is requested to approve Resolution #93-94 establishing a
Seacrest Property Task Team, assigning it duties, establishing membership, and
setting a sunset date.
BACKGROUND
This item was discussed by Commission at your November 8th workshop meeting,
Commission agreed to establish this task team based on the Education Board
recommendation. The purp0'se of the task team is to provide City Commission
with alternative recommendations for joint governmental use and joint funding,
for acquisition and development of the Nations Bank property, located on the
west side of Seacrest Boulevard, across from Atlantic High School. Membership is
based on the need to have all interest groups represented,
RECOMMENDAnON
Consider approval of Resolution #93-94.
RAB:kwg ~~~
File:g:agenda (þrn ~ éP II ~J' add
Doc.:Reso9394 /)/J. ~ ~ ~~ /ù{J.
Y-'O-~~~)
5-0
@ Print9Ó Of! Recycled PBfJ6f THE EFFORT ALWAYS MATTERS 9.k..
I
RESOLUTION NO. 93-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ESTABLISHING THE SEACREST
PROPERTY TASK TEAM, ASSIGNING IT DUTIES, ESTABLISHING
MEMBERSHIP, AND PROVIDING FOR A SUNSET DATE.
¡ WHEREAS, the City of Delray Beach, Florida, recognizes the
need to acquire additional property for capital improvements to
Atlantic High School; and
WHEREAS, the Delray Beach Education Board has recommended
that a task team be established to look into and make recommendations
concerning the possible use of property located across from Atlantic
High School on the west side of Seacrest Boulevard for this purpose;
and
WHEREAS, the City of Delray Beach feels that the subject
property may have the potential for joint governmental use; and
WHEREAS, the City of Delray Beach wishes to ensure that any
such property development be conducive to neighborhood integrity.
II NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
I,
ï Section 1. That there is hereby established the Seacrest
i
Property Task Team as an ad hoc advisory body to the City Commission
of the City of Delray Beach, Florida.
I
i
Section 2. That the Seacrest Property Task Team shall
consist of eleven (11) members, as follows:
,I Two (2 ) staff representatives from the City of Delray Beach;
A City Commissioner;
I
A staff representative from Palm Beach County;
A staff representative from the Palm Beach County School
Board; I
A staff representative from Atlantic High School;
A student from Atlantic High School;
A member of the Atlantic High School Parent Advisory
Committee;
"
A member of the Delray Beach Education Board;
I A member of the Seacrest Neighborhood Association¡ and
A citizen-at-large representative,
Section 3. That the duties and responsibilities of the
I Seacrest Property Task Team shall be as follows:
(A) Develop alternative joint governmental use
¡
recommendations for the Seacrest property owned by Nations Bank
, located the west side of Seacrest Boulevard from Atlantic
I on across
High School.
(B) Develop alternatives for joint governmental funding for
acquisition and development of the subject property.
Section 4. That the Seacrest Property Task Team shall meet
at least once per month on a regular basis. The Task Team may
establish additional special meetings as may be needed.
Section 5, That the Seacrest Property Task Team shall elect
from its membership a Chairperson and a Vice-Chairperson. The
Chairperson shall be the official spokesperson for the Task Team and
II shall serve as liaison with the City Commission.
Section 6. That technical and logistical assistance shall
II be provided to the Seacrest Property Task Team by one or more members
'I of the City staff. . I
¡, Section 7. That the Seacrest Property Task Team shall cease
II to operate as an ad hoc advisory body on June 30, 1995. At that time
I, the City Commission may continue the function of the task team by
I'
'I amendment to this section.
\\
[' PASSED AND ADOPTED in regular session on this the 6th day of
December, 1994.
II cffJ-~
II
" MA~R
ATTEST'.ß~~
~ City Clerk
- 2 - Res. No. 93-94
\
,
,
"" '
¿ K ,
t'!J~ I
[IT' DF DELIR' IER[H
DElRAY BEACH
, l 0 ~ I I) "
tI.ed 100 N,W ~s1 AVENUE, DElRAY BEACH, FLOPIDA 33444·40- 2-;
;~fr MEMORANDUM
1993 TO: David T. Harden, City Manager
FROM: ~ Robert A. Barcinski, Assistant City Manager
SUBJECT: AGENDA ITEM' CITY COMMISSION MEETING DECEMBER 6, 1994
APPOINTMENTS TO SEACREST PROPERTY TASK TEAM
DATE: December 1, 1994
ACTION
City Commission is requested to approve the slate of proposed members to the
Seacrest Property Task Team.
BACKGROUND
Per Resolution #93-94, the following slate of Committee members is being
presented for City Commission approval:
A tlantic High School Staff Carole Shetler
A tlantic High School Parent Advisory Committee Dan Winters
Seacrest Homeowners Association Deborah Dowd
Citizen-at-Iarge .' Ray Galloway
City Education Board Tom Fleming
Palm Beach County Staff Dennis Eshelman
City Staff Robert Barcinski
City Staff Janet Meeks
We are waiting for an appointment from the School Board staff. It is our intent to
hold the first meeting on December 15, 1994,
RECOMMENDATION
Consider approval of appointments.
~~ot~
RAB:kwg ~ Ð-/L ~ CCommissian ~Ep)
File:g:agenda Cf- ~ .A.J.p. ~ AHS
Doc,:Seacrest.mbr
$-0
@ Pnnred on Aecycled Paper THE EFFORT ALWAYS MATTERS 9, K. /.
-
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tf1V1
SUBJECT: AGENDA ITEM :It q ,¿'. - MEETING OF DECEMBER 6. 1994
APPOINTMENT TO THE PARKING MANAGEMENT TEAM
DATE: DECEMBER 2, 1994
This is before the Commission to approve the appointment of Norma
Bannoura to the Parking Management Team as representative for the
West Atlantic Avenue (east of I-95) area. This appointment will
fill the position previously held by Loretta McGhee.
On November 3, 1994, the Community Redevelopment Agency voted to
nominate Ms. Bannoura and recommends Commission approval.
Recommend approval of Norma Bannoura' s appointment as the West
Atlantic Avenue area representative to the Parking Management
Team.
~S-o
ref:agmemo9
,
·
-CD Community
Redevelopment
-a Agency
Delray Beach
November 28, 1994
Mr. David Harden
City Manager
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33434
RE: Parking Management Team
Dear David:
The CRA Board of Commissioners voted on November 3, 1994, to nominate Norma Bannoura
to the Parking Management Team to represent West Atlantic Avenue. This position was
previously held by Loretta McGhee who is now a business owner in the Pineapple Grove Main
Street area.
By co this letter I am asking the City Clerk's office to put this item on the next City
Com issi n agenda for approval by the Commission.
Christopher I. Brown
Executive Director
/d
cc: Alison MacGregor Harty
....... ..-... RECEIVED
1.;1-11 'it..{
CIlY CLERK
207 E. Atlantic Avenue, Delray Beach, FL 33444 (407) 276-8640 / Fax (407) 276-8558
'!
,
.
M E M 0 R AND U M
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER [If
SUBJECT: AGENDA ITEM q - MEETING OF DECEMBER 4
APPOINTMENT TO THE EDUCATION BOARD
DATE: DECEMBER 1, 1994
With his recent election to the Palm Beach County School Board,
Robert Hayes has resigned from the Education Board. This creates a
vacancy to fill an unexpired term ending July 31, 1995.
Per the City's Code, members of the Education Board will be
residents of the city or will have a child or children attending
Delray Beach public schools, or will own property in the city
and/or own or operate a business within the city. It is the
further intent that the membership will include individuals with
experience or expertise in business, real estate, and/or education.
The following individuals have submitted applications for
consideration:
Norma Bannoura
Eugene Binkovitz
David I. Cohen
Agartha Gragg (daughter attends Atlantic High School)
Adele S. King
Nelson McDuffie
Janet Onnen (currently serving on the Parking Management
Team)
Marilyn Schneider
Reginald Williams
A check for code violations and/or property liens has been
conducted. None were found.
Based upon the rotation system, the appointment will be made by
Commissioner Smith (Seat #1).
Recommend appointment of a member to the Education Board to fill an
unexpired term ending July 31, 1995.
~GJd- O~ ~ &.¡
ref:agmemo2 (!~~
..5-0
,
12/01/94 10:36 'Ø407 278 8362 ME I SN..ER E~C. -+'H CITY/DELRAY BCB, [4]002/004
11/,291'94 11:45 1:1'407 243 3774 CITY/DELRAY 6CH. -.. MEISNER ELEC. f4 002
CITY OF DELRAY SEACH
BOAlU) KEM!F.R APPLICATION
-A<O
rJAME Janet 1. Onneq .- .-...- -"., ,,--". . -_.- ' -
946. Seasu:e D-rive, Delray, B9At!h, Flo'l'''tlJIt ~4.B..1 . -- -
1101'11': ADDRESS (Scrut. Ctty. Zip CudI!') ( .~:C;AI. 1te:~LDENCE)
Meisner Elect'ti~ Inc., ¡2Q N.E.1~t St'l'4'!4=lt. nl'tl'l"AY 'Reac4-F.l.odnA 1144i.
PRINCJPAL ßUSIN~SS ADDR[SS (Strc~t. ~1t~. lip Cod~)
HOMf PHONE (~07J -272-4.503 SllS I NESS PHONE (407)-278-8362 --
ON WHAT BOARDS ARE YI)U lNTERES1ED IN SfRV I N(j -
Education Board .-.- . --- . -" .. --
-,...- ..'- -- .. - .~... .-.
.- .- _..J_ ..,,_..... . ..-- -- . -
LIST ALL CITY BOARDS ON WHICH YOU A~E C~RREN!LY SERVING OR MAVE fREvtOUSl,.Y
~!RVED (Please include dates)
~a!~ing Mana¡ement Team ...-..-- ' -
EDUCAtlQNAL QUALLFICATtO~S yniversity of Iowa 1968 - 1972 .-,
,. ... .-. ~ ...-- -... . ...- -_'I .--- -- ...- . -.
- ,-".--- - --....---_. -
List ANY R:E.t.ATE.D PROltsSIONAL CERTH 1 c,,'r l()toOS AND UCi::NS!S WHICH 'tUU HOLD
See Attac.hed .-....... -....-- -- - -.- - ...',,- ..
GIVE YOUR PR.ESENT, OR MOST UCtNT [!'\PLO"iU, AND POSITrON -
See Attac.hed . -- . ' -, - . .a_. .. .- ......-
DESCklߣ lXPERl£NC£S. SKILLS 0& KNO~.EDGE ~TCH QUALTFY YOU TO SERVr. ON TH1 '.
BOARD
11l.. ch:l.ldren}¡Jve been educaUd in the public school system. Erik. 2rad",,,-teQ,
f-rom Atlantic HiRh School i~1994 ~nd SaTab is cu~~entlv a~io~ at Atlantic.
-. ' -
PL£ASE ATTACH A .1lEr &ESUME.
! KEREBY CUTIFY THAt ALL THE ABOVE STATEMENTS ARE TitUE. /\Nt! ! AGkEE A~:¡
UNDE~STAND THAt ANY KISSTATEKZNT OF MATERIAL FACtS CONTAINED IN THIS APPt.fCA-
¡ION MAY CAUSE FORFEITURE UPON MY PART OF ANY APP01NTH[NT 1 HAY RECEIVE,
~_d-L ~ A.- -- 12/01/94 -,.
OAT!
SIGNATURE. ,
" 19~1
.
·
12/01194 10:37 'C407 278 8362 ME ISNER ELEC. -+-+~ CITY,'DELRAY BCH. !41 003,' 00-1
RESUME
JANET oNNEN
_Meisner EleGtrlc tnc. 7/01/83
Delray Beach~ Florida
Chief Executive Officer/SecretarY/Treasurer
Corporate Banking Relationships
Corporate Bonding Relationships
Upper Management staffing
Develop and Review Corporate policies
i.e. Personal, Safety) Customer Bidding, vehicle, Tool,
purchasini, Record Retention, Quality Control
Customer Contract Ne¡otiations and Administration
Corporate Litigation
Review Staff Perfonnance
Corporate Promotion and Advertising
Corpotate Investments
MeisDe1' Electric ì. a Member of the Following Trade AssOciations
Associated General Contractot$
Associated Builde-rs and Contractors
American Subcontractors Association
National Association of Women in constrUction
ConsttUctión Financial M.anagement Association
National Association of Woman Business Owner
Florida Home Builders
-Meisner E1ectric Inc. 8/01/81 to 7/01/83
Delray B~b, Florida
Director/Corporate Secretary
SupervisOt of Accounting and Data ProceSSing
Bran~h Office SetUP ancl Management
Customer Contract Nei°tiatÌons
Customer Collections
Branch and Corporate Office staffing
lU01/94 10:37 'C407 278 8362 ME ISNER ELEC. -+-+-+ CITY¡DELRAY BCH. flloo~¡oo~
Resume-Janet Onnen
Page 2,
-Meisner Electric Inc. 7/01171 to 8/01/81
Newton, Iowa
Corporate SecretarY
Accounting Supervisor
Data Ptocessing Supervisor
Develop and Administer Electrical ApprenticeshiP Program
Select and Administer Pension Plan
Education: University of IOWI1 1968 . 1972
Business Achninistration
NumeroUS Seminars Cov~ring the Following Topics
Risk Management
Job Cost Accounting
Records Management
ConstrUCûon Liti¡;ation
Workmens Compensation
Product Liability
Disaster Recovery
Public Affairs and Legislative Process
Bonding
Change Order Costing
Corporate Surviv~ù1Planning
Equal EmplOymel1tlAffumative Action
Drug Testing
Personnel Hiring/Firing
Florida Lien Law
Banking/Cash Flow
Uninterruptible power Systems
UPS/Generator Sizing
CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - DECEMBER 6. 1994 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
9.N. CHANGE ORDER NO. 4/CHAZ EOUIPMENT CO. . INC. : Consider add
Change Order #4 to Chaz Equipment Co. , Inc. for the Central
Business District Alley Reconstruction - Phase II in the
amount of $23,840.00 for the replacement of part of the 24"
drainage outfall pipe to the L-37 canal at Rabbit Hollowe
subdivision. During recent storms associated with Tropical
Storm Gordon, the subdivision flooded. On further
investigation it was identified that segments of the existing
outfall pipe were crushed which prevented stormwater discharge
into the L-37 canal. Funding is available from the Stormwater
Utility Fund (Account No. 448-5411-538-62.44) . Recommend
approval of Change Order No. 4 with Chaz Equipment Co., Inc,
~ ,5-0
,
. ' .
Age.tXla Item No. :
J!GEH)A ~'T
Date: December 2, 1994
Request to be placed on:
_x_Regular Age.tXla
Special Age.tXla
Workshop Age.tXla When: December 6, 1994
Description of item (who, what, where, how much): staff requests City
Commission to approve add Change Order #4 to Chaz Equi¡:ment Co., Inc. for the
Central Business District Alley Reconstruction - Ph II in the amount of
$23,840.00. Change Order #4 is for the replacement of part of the 24" drainage
outfall pipe to the L-37 canal at Rabbit Hollow subdivision. D.1r:in:J recent
storms associated with Tropical storm Gordon the subdivision flooded. Upon
further investigation it was identified that segments of the existin;J outfall
pipe was crushed which prevented stonnwater discharge into the L-37 canal.
F'\.n'rlinJ Source is from the stonnwater utility Fund '!'F - !:J-YI/-S3ð'-¿::<. ¿¡'/
for $23,840.00.
ORDINANCE/RESOLUI'ION ~: YES/NO DRAFT A'ITACHED YES/NO
Recamnelxiation:staff ~ Order #4
~Hea@
Sl.gnature: , _ ' ,
Detennination of Consistency with Corrprehensive Plan:
city Attorney Review /Reconurendation (if applicable)
Budget Director Review (required on all items involving expe.rrliture of fuOOs):
F'\.n'rlinJ available: YES/NO
F'\.n'rlinJ alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review: ~
Approved for agenda: VNO {Jl/v1
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
/agen9202.doc
,
· . ,
Memorandum
To: David T. Harden, city Manager
From: Richard Corwin, Deputy Director of Public utilities
Date: December 5, 1994
Re: Change Order No. 4 - Central Business District Alley
Reconstruction - Phase II - Project 93-02
Attached is an agenda request for Change Order #4 to the contract
with Chaz Equipment Co. , Inc. Change Order #4 is for the
replacement of part of the 24" corrugated metal drainage outfall
pipe (CMP) to the L-37 canal at Rabbit Hollow subdivision. During
recent storms associated with Tropical storm Gordon the
subdivision flooded. Upon further investigation it was
identified that segments of the existing outfall pipe was crushed
which prevented stormwater discharge into the L-37.
The scope of work includes installation of a new 4 ' diameter
manhole with a weir which will serve as the new water elevation
control structure. Also included is the removal of approximately
110 lf of existing damaged 24" CMP and replacement with new
reinforced concrete pipe (RCP) ¡and associated restoration
including removing fill material from the L-37 canal which washed
in during the storm and subsequent emergency pumping.
Change Order #4 is for an add amount of $23,840.00. Funding is
available from Account No. 448-5411-538-62.44 (stormwater
utility Fund).
File: 9302D
A:memo9203
,
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
œANGE NO. 4 P.RQJEC1' NO. 93-02 DATE:
~ TITLE: Central Business District Alley Reconstruction - Ph II
'ID CX>Nl'RACIDR: O1az Fquipuent Co., Inc.
YOU ARE HEREBY REQUESTED 'ID MAKE '!HE FDLU:MING CHANGES IN '!HE PlANS AND SP:æIFICATIONS FDR
'!HIS P.RQJEC1' AND 'ID PERFORM '!HE IDRK ACXX>RDINGLY, ~ 'ID ALL CDNI'RAcr STIPUIATIONS AND
OOVENANI'S .
JUSTIFICATION:
Rehabilitation of stonn drainage outfall at Rabbit Hollow suJ::x:livision to the Ir37 canal
to alleviate blockage in stonn due to crushed existing stonn drain piping. Scope of work
is as follows:
1) Installation of 48" manhole and brick weir to be used for new water elevation
control structure. Elevation of weir is to be detennined by City Engineer.
2) Replace existing 24" corrugated. metal pipe (œp) with 24" reinforced concrete
pipe (ReE» from proposed manhole south to north end of 48" œp outfall at L-37 canal
(approx 110 If).
Total lump sum price for 1) and 2) above $20,840.00
3) Excavate canal L-37 canal to cross section as directed by Lake Work Drainage
District to remove material that washed into canal from Rabbit Hollow stonn drainage
outfall blockage and emergency pumping operation. Work to be completed. on and hourly
basis not to exceed $3,000.00.
Total allowance for L-37 canal excavation $ 3,000.00
~
Total add amount Olange order #4 $23,840.00
Special provisions:
1) Price includes sod restoration for areas disturbed by construction
2) Manhole precast concrete top and casting to be furnished by City
3) Existing Ficus hedge to be removed by Chaz Equipment and disposed of by City
4) Hedge replacement by City.
,
· . :
CBD Alleys Ph II (93-02)
Olange order #4
Page 2
SUMMARY OF cx)NI'RAcr AMOUNT
ORIGINAL a:>NTRAcr AM:>UNT $709,235.75
CDS!' OF OONSTRUCl'ION æANGES PREVIOUSLY ORDERED $ 24,937.35
AnJUSl'ED a:>NTRAcr AMOUNT PRIOR 'IO THIS æANGE ORDER $734,173.10
CDS!' OF OONSTRUCl'ION œANGES '!HIS ORDER $ 23,840.00
AnJUSl'ED a:>NTRAcr AMOUNT INCIlJDING '!HIS œANGE ORDER $758,013.10
PER CENl' INCREASE '!HIS œANGE ORDER 3.5 %
'1UI'AL PER CENl' INCREASE 'IO DATE 7.0 %-
- -
CERl'IFIED SI'ATEMENI': I hereby certify that the supporting cost data included is, in my
considered opinion, accurate.
Chaz Equipment Co., Inc.
'IO BE FILLED our BY DEPARTMENT INITIATING œANGE ORDER
Enviromnental Services Department 448-5411-538- stonnwater utility Fund
FUNDS BULGEI'ED cx)DE
DEŒAY BEAŒ, FIDRIDA by its City CaImnission
REX:X:f.1MEND : By:
Richard Corwing, Deputy 'Ihornas E. Lynch, Mayor
of Public Works
A'ITFST:
APPROVED : By:
city Attorney city Clerk
I
.
1) E.C- 1-9'4- THU 16:11 CHAZ EQUIP. CO. I N C . P . 0 1
JY
stfJ
Novel'llber 29, 1994
City of Del~ay Beach
434 S~ Bwi nt on Ave.
Deh'ay ge&\ch, FL 33445
At t n ; M~". Richar'd COt"win
Rei Rabbit Hollow
Dear Richa~'d =
As pe~ you~ request, we are prbviding the following quotation
for the ~eplacement of the storm drain outfall at Rabbit
Hollow:
A. Installation of 4S" Manhole and brick wei~.
B. Replace 2411 CMÞ with 2411 RCP from p~"oposed manhole
to north side of 46" Qutfall (~þprox. 11 ø L.F)
c. The above items to be performed for the price of
$2O,840.00
NOTE:
1. Inel udes Sod.
2. Manhole concrete top and casting furnished by the City of
Delray.
'? Hedge to be removed by Chaz Equipment and disposal by the
,;,.
City of Delray.
4. Price for excavation of L.akeworth drainage canal to be
sub~itted after receipt of Lakeworth's ~equi~e.ents.
Please add 4 .3,000.00 allowðnce for cleaning the canal.
Explo~atory work fat" 11/28/94 is not included in this quote
and is ð~counted for under a previous purchase orde~.
If you have any que$tions, please call.
Sincerely,
Post~lt" Fax Note 7671
Donnie Oden To
DO/so
- .. _0. u. - -
.
·
~
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - DECEMBER 6, 1994 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
, COMMISSION CHAMBERS
AGENDA ADDENDUM NUMBER 2
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
9.0. CHANGE ORDER NO. 7/MOLLOY BROTHERS, INC. : Consider Change
Order No. 7 to Molloy Brothers, Inc. for the relocation of
approximately 100 linear feet of 16" gravity sewer at Veterans
Park, near the recently demolished master lift station. Fund-
ing in the amount of $10,300 is available from Renewal and
Replacement - Sewer Mains (Account No. 442-5178-536-63.51)
through budget transfer from Manhole Rehabilitation (Account
No. 441-5178-536-61.84) .
~ -3 tB~
(¿'ntlh 9- SOl;#; d/SS&7It'o9)
,
.
Agenda Item No.
AGENDA REQUEST
Date: 12/6/94
Request to be placed on:
XX Regular Agenda
Special Agenda
Workshop Agenda When: 12/6/94
Description of item (who, what, where, how much): staff requests
Commission approval of Change Order #7 to Molloy Bros., Inc. in the
amount of $10,300.00 for the relocation of approximately 100 l.f. of 16"
gravity sewer main at Veterans Park near the recently demolished master
lift station. Relocation of this sewer main will minimize normal sewer
maintenance activities on the park site and remove the active line from
the main Veterans Park Ph. II construction site. Funding will be from
R&R account #442-5178-536-63.51, Sewer Mains (Budget transfer attached).
ORDINANCE/RESOLUTION REQUIRED: 'J_/NO DRAFT ATTACHED 'J_/NO
Recommendation: Staff recommends approval of Change Order #7 to Molloy
Bros., Inc. ~
DEPARTMEæ READ SIGNATURE: C . n 1 >/'-/1 { ~
Determination of consistency with comprehensive Plan: ß
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 :~~s~~ :l:Nlr-- ~ Sì"')& ~~'3~' Cot, 1s 1.. ...
Account Balance "" 5'5'1 , -, ,Yì b t\'f -
city Manager Review:
Approved for agenda: Œii4NO tM
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
.
MEMORANDUM
TO: David T. Harden
city Manager ~
FROM: Richard C. Hasko, P.E.
Deputy Director of Public utilities
SUBJECT: RELOCATION OF SANITARY SEWER
VETERANS PARK PHASE II
DATE: December 6, 1994
Attached is an agenda request and a copy of change order #7
to Molloy Bros. , Inc. in the amount of $10,300.00 for the
relocation of approximately 100 l.f. of 16" gravity sewer at
Veterans Park near the recently demolished Master lift
station. Relocation of this sewer run will remove it from
the Veterans Park PH. II construction area and will minimize
the need for normal sewer system maintenance activities to
conflict with new recreation facilities and programs
proposed for the area. The advisability of this relocation
was not realized until completion of the demolition of the
old master lift station. In order to avoid impacting the
Veterans Park Ph. II construction schedule, the subject
sewer work must begin immediately.
Funding for this expenditure will be from R&R account
#442-5178-536-63.51, Sewer Mains (Budget transfer attached).
RCH: jem
c: William H. Greenwood, Director of ESD
Howard Wight, Deputy Director of Construction
Danvers Beatty, city Engineer
f: T/F CM
,
- ,
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
ŒlANGE NO. 7 F'RCl:Jær NO. 92-06 DATE:
F'RCl:Jær TITLE: street Reconstruction and utility In'provements (Northwest, Northeast)
'ID cx:NIRACIOR: Molloy Brothers, Inc.
YOU ARE HEREBY RmUESTED 'ro MAKE '!HE FOuœING CHANGES IN '!HE PlANS AND SPEX::IFICATIONS FOR
'lliIS PmJæI' AND 'ro PERFORM '!HE \'K)RK ACOORDINGLY, St.JB:JæI' 'ro AIL OONTRAcr STIPUlATIONS AND
CDVENAN!'S .
JUSTIFICATION:
At Veterans Park, Phase II construct 16" C-900 PVC gravity sewer bypass including
coring of existing manholes. Remove and dispose existing manhole and piping after bypass
is COITpleted¡plug the two inflows of the removed pipirg in the two manholes that remain.
1 LS @ $10,300.00 = $10,300.00
SUMMARY OF CDNI'RAcr AM:>UNT
ORIGINAL CDNTRAcr AM:>UNT $1,025,935.00
msr OF CDNSI'RUCI'ION CHANGES PREVIOUSLY ORDERED $ 224,312.25
AIllUSI'ED CDNTRAcr AM:>UNT PRIOR 'ro '!HIS CHANGE ORDER $1,250,247.25
CDST OF CDNSTRUCI'ION CHANGES '!HIS ORDER $ 10,300.00
ADJUSI'ED CDNTRAcr AM)UNl' INCIlJDING '!HIS CHANGE ORDER $1,260,547.25
PER CENI' INCREASE '!HIS CHANGE ORDER .9 %
'TOl'AL PER CENT INCREASE 'ro DATE 22.8%
Contract time extended seven (7) calendar days for this work
CERI'IFIED STATEMENI': I hereby certify that the supportirg cost data included is, in my
considered opinion, accurate
for Molloy Brothers, Inc.
'ro BE FILLED our BY DEPARIMENI' INITIATING CHANGE ORDER
FùOOing Source 442-5178-536-63.51 W/S Rehabilitation
DEmAY BFAŒI, FIDRIDA by its city Commission
REXX.M1END : By:
William H. Greenwood, Director 'Ihomas E. Lynch, Mayor
of Envirornnental Services
A'ITEST:
APPROVED: By:
City Attorney city Clerk
I
11/02/1994 03:51 3057929381000000 MOLLOYVDER PAGE 01
MOllOY BROS., INC.
800 N.W. 27TH AVE.
FT. LAUD. FLA, 33311
I
City Of Delray Beach: Dec. 2. 1994
EnvJromental Servlc~ Oept.
434 S. Swinton Ave, i
Delray Beach Fla. 33444
Att: Howard Wight
Re: Project # 92·06 Street Reconstruction and Utility Improvements,
Dear Howard,
Per your request we SUbmit: the following prices to install 16" gravity sewer main located at
Veterans Park,
00. Tie in to existing ,tructure 2 Ea, ~ $ 1.100,00 $ 2,200,00
01, Plug existing 12" 2 Ea, ~ $ 300.00 $ 600.00
02.16" C-900 P.V,C, 100 L,F, ~ $ 75.00 $ 7,500.00
$ 10,300.00
Upon your review and approval please take the necessary steps to incorporate by
change order. !
Thank You.
"-
,
City of Defray Beach
Departmental Budget Transfer
(1) Departmental Une Transfer (2) Date 12/6/94
(3) 'nterfundllnterdepartmental Transfer (4) Batch Number
(5) Requested By: Richard C. Rasko, P.E.
---.--.
(6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
442-5178-536-61.84 R&R - Manhole Rehab. $10,300.00
442-5178-536-63.51 R&R - Sewer Mains $10,300.00
(10) TOTAL $10,300.00 $10,300.00
JUSTIFICATION: Transfer required to fund Molloy Bros., Inc., change order #7 for sanitary sewer
relocation at Veterans Park PH. II.
-
n [i In
Department Head L~ v(. ~\¿.> ~-Ji./~'Þ Asst City Manager
'V'
Budget Officer City Manager
(11) Budget Revision Date (12) Control Number
(13) Period (14) Count
OQI~IIU"I _CIIr"'~c:::"T" f" 6.11.1 6. cv _CII C Plt\I (_nc:p A cTUc:t\lT
I
. ~
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERft}~'{
SUBJECT: AGENDA ITEM i 10 e - MEETING OF DECEMBER 6. 1994
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 88-94
(CORRECTIVE ACTIONS FOR MOORE PROPERTY)
DATE: DECEMBER 1, 1994
This is second reading and public hearing for Ordinance No. 88-94
which corrects the Future Land Use Map (FLUM) designation and
zoning classification for a 0.34 acre parcel located at 800 North
Andrews Avenue (known as the Moore property and formerly known as
Tison Realty). The site has a conflict between the current FLUM
designation of Low Density and current zoning of RM (Medium Density
Residential). The corrective action is to change the land use
designation from Low Density to Transitional and the zoning from RM
to RO (Residential Office) District.
The Planning and Zoning Board formally reviewed this item at a
pUblic hearing on October 17, 1994, and voted unanimously to
recommend approval of the corrective actions. At first reading on
November 15, 1994, the City Commission passed the ordinance by
unanimous vote.
Recommend approval of Ordinance No. 88-94 on second and final
reading.
. ,
p~ .5-0
ref:agmemo14
I
ORDINANCE NO. 88-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CORRECTING THE FUTURE LAND USE
MAP DESIGNATION FROM LOW DENSITY RESIDENTIAL TO
TRANSITIONAL, AND CORRECTING THE ZONING
CLASSIFICATION FROM RM (MEDIUM DENSITY RESIDENTIAL)
DISTRICT TO RO (RESIDENTIAL OFFICE) DISTRICT, FOR A
PARCEL OF LAND LOCATED AT 800 NORTH ANDREWS AVENUE,
AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN;
ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION
PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND
CORRECTING II ZONING MAP OF DELRAY BEACH, FLORIDA,
199411; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, 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 Low Density Residential; and
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated April,
I 1994, as being zoned RM (Medium Density Residential) District; and
I WHEREAS, during review of a privately sponsored petition for
the subject property, it was determined by the Planning and Zoning
Board that the request should be processed as a corrective action
II inasmuch as a review of City records indicates that such land use
designation and zoning classification were inadvertently applied to
Ii the property; and
Ii WHEREAS, at its meeting of October 17, 1994, the Planning
I and Zoning Board for the City of Delray Beach, as Local Planning
Agency, reviewed this item and voted unanimously to recommend approval
of the corrective actions, based upon positive findings; and
WHEREAS, it is appropriate that the Future Land Use Map in
the Comprehensive Plan be corrected to reflect the revised land use
designation, and that the Zoning District Map of the City of Delray
Beach, Florida, dated April, 1994, be corrected 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
I
I Section 1. That the legal description of the subject
property is as follows:
I
I Parcel 1, of the Plat of Moore's Landing, as recorded
in Plat Book 42, Page 72, of the Public Records of
Palm Beach County, Florida.
,i The subject property is known as the Moore property
Ii (f/k/a Tison Realty) and is located at 800 North
'! Andrews Avenue (west side of Andrews Avenue, north of
II
George Bush Boulevard)¡ containing 0.34 acres, more
Ii or less.
II Section 2 . That the Future Land Use Map in the
I
I, 'Comprehens i ve Plan of the City of Delray Beach, Florida, is hereby
corrected to reflect a land use designation of Transitional for the
subject property.
II
Section 3. That the City of Delray Beach elects to make
¡
Ii this small scale amendment by having only an adoption hearing,
i'
II pursuant to Florida Statutes Section 163.3187(1)(c)4.
II Section 4. That the Zoning District Map of the City of
"
I Delray Beach, Florida, dated April, 1994, be, and the same is hereby
i corrected to reflect a zoning classification of RO (Residential
, Office) District for the subject property.
I
, Section 5. That the Planning Director of said City shall,
i
upon the effective date 0(. this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
Section 4 hereof.
:
i
i Section 6. That all ordinances or parts of ordinances in
I
:! conflict herewith be, and the same are hereby repealed.
" Section 7. That should any section or provision of this
:¡
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 8. That this ordinance shall become effective as
follows: As to the rezoning, immediately upon passage on second and
final reading¡ as to the small scale land use plan amendment, the date
a final order is issued by the Department of Community Affairs or
- 2 - Ord. No. 88-94
,
Administration Commission finding the amendment in compliance in
accordance with Section 163.3184, Florida Statutes, 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 I
Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, I
Tallahassee, Florida 32399-2100.
PASSED AND ADOPTED in regular session on second and final
reading on this the 6th day of December , 1994.
~C~ !
ATTEST:
o t mnflJ!..fI ß/¡ ~ //nr/zy
City erk
First Reading November 15, 1994
Second Reading December 6. 1994
~ ,
I - 3 - Ord. 88-94
I No.
I
I'
:1
ï
!I
Ii
II
!
IA~ I I : ) I ¡--
11 I~ t1.~, I I I I '-1 ~ ~-
ITJJ =:J ~ I I ::: :
~
- []]§~ ,,) I - i
~ ,¡,pL!i Lo J~_, r-¡ 1 1 J I
~¡;Prg)J~- ~ Y - - - L- - I
I ï I 11- -
I I .~
~ I .~ j~~
__ I ~~
= .- NED. Dm$V1Y . I i
\ STREET
i fflIJ¡Øf(°¡VJL "'~rI1 I I ~
1>1" C\I 0 N.E. , \J I I ~
@.(;. ~~'!J~ ~. ~ ~ W>Y ~
~~~~I t 1 RI~ ~
\
1
Ofi~fJ
I ~~~~~ I
:! ,. ~ f"L I I , I T~ _:= :
-l : S: t r I I I / /' = ()
- I- tr ~ 0
-
- Cf) lI.I I--
-- I ~ ~ (11 I I I - ~fj~lY' - ~
IUS: ( 1St, 10 DFIV£ ~~~ - <:
'< t r I I I I _ ß'~' C- <
i Q:' ...J
I- - l-
f
~ r L I I I \~ I ! I J <
~ N. ANDREWS AVENUE
1'lM~ DEPM1WDn F.L.U.M. AMENDMENT
01"1' or ~ r 8[AQi" F\.
- DJaT"¡' BAS£ UAP sr:;TD -
tK
t'J1
C I T Y COM MIS S ION DOC U MEN TAT ION
TO:
THRU:
~
FROM: PLANNER
SUBJECT: MEETING OF NOVEMBER 15, 1994
CORRECTIVE REZONING FROM RM (MULTIPLE FAMILY
RESIDENTIAL - MEDIUM DENSITY) TO RO (RESIDENTIAL
OFFICE) AND FLUM AMENDMENT FROM LOW DENSITY
RESIDENTIAL TO TRANSITIONAL FOR A PARCEL OF LAND
(PARCEL 1, MOORE'S LANDING SUBDIVISION A/K/A MOORE
PROPERTY F/K/A TISON REALTY).
ACTION REQUESTED OF THE COMMISSION:
The action requested of the commission is the approval on first
reading of a corrective rezoning of a parcel from RM (Multiple
Family Residential - Medium Density) to RO (Residential Office)
and a corrective FLUM amendment from Low Density Residential to
Transitional.
.
The subject property 1s the Moore property, Parcel 1, Moore's
Landing (f/k/a Tison Realty), a 0.34 acre parcel containing an
office and residential structure. The property is located on
the west side of Andrews Avenue, north of George Bush Boulevard.
BACKGROUND:
The proposed amendment was requested by the owner of the
property located at 800 N. Andrews Avenue (formerly Tison
Real ty) . This parcel currently contains a structure occupied by
a non-conforming office and a permitted residential use. In
addition to the non-conforming use, the site also has a conflict
between the current Future Land Use Map designation (Low Density
Residential) and zoning (RM).
The proposed FLUM amendment is being processed as Small Scale
Development pursuant to Florida Statutes 163.3187. This statute
permits any local government comprehensive land use amendments
directly related to .proposed small scale development
,
City Commission Documentation
Corrective Rezoning and FLUM Amendment for Moore
Page 2
activities to be approved without regard to statutory limits on
the frequency of consideration of amendments (twice a year) ,
subject to several conditions. All of those conditions are met
for the parcel. A more complete description of 163.3187 and the
subject parcel is contained in the P & Z Board staff report.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered the proposed corrective
rezoning and FLUM amendment at a public hearing during its regular
meeting of October 17, 1994. No objections or concerns were
raised by the Board or by the public at the meeting. However, one
letter of objection was received and is included as an attachment
to the P & Z staff report. The Board unanimously recommended
approval of the proposed rezoning and FLUM amendment.
RECOMMENDED ACTION:
By motion, approve on first reading a corrective rezoning of the
0.34 acre Moore property from RM (Multiple Family Residential -
Medium Density) to RO (Residential Office) and a corrective FLUM
amendment from Low Density Residential to Transitional.
Attachment:
* P&Z Staff Report
,. .
,
·PLANNING & ZONING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT ---
MEETING DATE: October 17, 1994
AGENDA ITEM: V,B.
ITEM: Corrective FLill1 Amendments from Low Density Residential & Medium Density Residential
to Transitional & Rezonings from RM (Medium Density Residential to RO (Residential
Office).
it I-- - lilt---l¡ , I r=JT 1 IW-~b I I
- i I
......[ I -..I. _
I-- 0IE:7 I
I-- - l,4. J I
'-- I ! ¡ ¡ ¡
- .. I ---J. I I-
I-- I I c: I'l- I
'--- ' I "--- 7
r-- {.m.".~~1 7 ~
f---
f--- 1 "C
I-- '" \ snow '"
I-- i (J
I-- I I ' trl I
~ooE , II.L \ ! 1 7 0
j C¡ .£V~
I I IO!. I 'in I..... - (J
I I I; .. !',:. r- 7 -
}lGSofc;t\ ~ : I : I-
tfuJ í!! ¡I ~"et" r ! 1 z
oc-It~~ ! «
\ ! -J
WJ1{11 ¡ I ---_. 0-
I I T El T -
~ r-lì' '\J "C
J '"
I 1 0
i u
GENERAL DA TA:
Owner, . . , . . . , . . . . . . . . . . . . Edi th Moore
Robert Chapin
Agent"..,..............,David Harden, City Manager
City of Delray Beach.
Location..". .......~....North side of George Bush Boulevard at
. Andrews Avenue.
Property Size............O.74 Acres.
City Land Use Plan.. .....Low Density Residential
Medium Density Residential
Proposed Land Use Plan...Transitional
Current Zoning...........RM (Multiple Family Residential -
Medium Density)
Proposed Zoning..........RO (Residential Office)
Adjacent Zoning...North: RM
East: RM
South: RM and SAD (Special Activities
District)
West: RM and SAD
Existing Land Use......,.Two parcels, each developed with an
office structure and associated parking
landscaping.
Development Proposal.....Corrective FLUM amendment from Low
Density ResIdential and Medium Density
ResIdential to Transitional and
corrective rezonings fro~ RM to RO.
Water Service............Existing on site.
Sewer Service...........,Existing on site.
V.B.
,
,
,
I T E M B E FOR E THE BOA R D:
The action before the Board is making a recommendation on
corrective rezonings from RM to RO and Small Scale Future Land
Use Plan amendments from Low Density Residential and Medium
Density Residential to Transitional for two parcels.
The subject properties are Moore's Landing, Parcel 1, located on
the west side of Andrews Avenue, north of George Bush Boulevard
and Lot 6, with the south 54.5 feet of Lot 7, Blue Seas, located
on the northeast corner of Andrews Avenue and George Bush
Boulevard. The two parcels have a total area of 0.74 acres.
Pursuant to Section 2.2.2(E), the Local Planning Agency shall
review and make a recommendation to the City Commission with
respect to rezoning and/or FLUM Amendment of any property within
the City.
B A C K G R 0 U N D:
The proposed amendment was requested by the owner of the
property located at 800 N. Andrews Avenue (formerly Tison
Realty) . This parcel currently contains a structure housing a
non-conforming office structure and a permitted residential use.
In addition to the non-conforming use, the site also has a
conflict between the current Future Land Use Map designation
(Low Density Residential) and zoning (RM).
While reviewing the history of this parcel, staff discovered
three adjacent properties which either have inconsistencies
between FLUM and zoning or have non-conforming structures.
Three 0 f the four parcels were considered for a FLUM amendment
from Low Density Residential to Medium Density Residential with
Comprehensive Plan Amendment 91-1. However, the FLUM amendment
was not transmitted with 91-1. Of the four parcels, two will be
considered for small scale FLUM amendments at this time, while
the remaining two (the two parcels located to the north of the
Moore parcel, developed with single family residences and
assigned a FLUM designation of Low Density Residential with RM
zoning) will be considered as a portion of Comprehensive Plan
Amendment 95-1.
The property located at 800 N. Andrews Avenue (formerly Tison
Realty) was annexed into the City with initial zoning of R-3 in
1963, via Ordinance G-508. A single f ami I y residence was
constructed on the property in 1963. The site was subsequently
converted to office use. In 1979, a residential unit was added
to the non-conforming office. The parcel was given the FLUM
designation of Low Density Residential with the adoption of the
Comprehensive Plan in 1989 and assigned to the RM zoning
district with the Citywide rezonings in 1990. Thus, there is a
conflict between the FLUM designation and zoning for the parcel.
As the property is developed with an existing office structure,
a FLUM amendment· to Transitional and a Rezoning to RO
(Residential Office) may be appropriate. These actions will
eliminate the
,
, , P&Z Staff Report
Rezoning and FLUM Amendment for Moore and Chapin
Page 2
conflict between the City's FLUM and zoning designations and bring
the current use of the property into conformity with the LDRs.
The Chapin parcel, located at the northeast corner of Andrews
Avenue and George Bush Boulevard (1201 George Bush Boulevard), was
annexed in 1975 with initial zoning of RM-15. At that time
offices were permitted in multiple family zoning districts as
conditional uses. Conditional Use and Site Plan approval for the
construction of an office building were granted in 1975 and the
approved structure was constructed in 1979. The site has been in
use as an office since that time. With the adoption of the LDRs
in 1990, offices were deleted as a Conditional Use in the RM
district. Thus the off ice use on the parcel is now
non-conforming.
COM PRE HEN S I V E P LAN A N A L Y S I S:
The proposed FLUM amendments are being processed as Small Scale
Developments pursuant to Florida Statutes 163.3187 as amended by
Senate Bill 1882, effective April 8, 1992. This statute permits
any local government comprehensive land use amendments 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 cumulative 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 two subject parcels contain a total area of 0.74 acres,
contain existing office developme~ts. They will receive the
Transitional FLUM designation and RO zoning. Neither of the
parcels have been considered for a FLUM amendment nor has by
either of the two property owners been granted an amendment on any
property within 200' of the subject parcels. These parcels, along
with all other small scale amendments processed by the City in the
last year do not exceed the 60 acre limit.
Land Use Analysis:
Pursuant to Land Development Regulations Section 3.1.1(A) all land
uses and structures must be allowed in the zoning district and the
zoning district must be consistent with the land use designation.
The existing structµres are not permitted in the current zoning
designation for the site (RM), which is inconsistent with the
current Low Density Residential FLUM designation for one of the
parcels.
,
P&Z Staff Report
Rezoning and FLUM Amendment for Moore and Chapin
Page 3
The current Future Land Use designations for the subject parcels
are Medium Density Residential (Chapin) and Low Density
Residential (Moore). The proposed FLUM designation for the
parcels is Transitional.
According to the definition of the Transitional FLUM Designation
in the Future Land Use Element of the Comprehensive Plan, can "In
some instances... provide for a transition between less intensive
residential use and commercial uses." This is the function
provided by this site. As the subject parcels are located
between an existing residential area with a mix of single and
multiple family units to the north and west and an existing four
story office structure, the FLUM designation is appropriate.
Z 0 N I N G A N A L Y S I S:
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must
be made in a form which is part of the official record. This
may be achieved through information on the application, the
staff report, or minutes. Findings shall be made by the body
which has the authority to approve or deny the development
application. These findings relate to the following four
areas.
Future Land Use Map: The use or structures must be allowed in the
zoning district and the zoning district must be consistent with
the land use designation.
The requested zoning change is from RM (Multiple Family
Residential - MedIum Density) to RO (Residential Office).
The Residential Office zoning district is identified as
appropriate under the Transitional designation in Table T-6
of the Comprehensive Plan.
Concurrency: Facilities which are provided by, or through, the
City shall be provided to new development concurrent with issuance
of a Certificate of Occupancy. These facilities shall be provided
pursuant to levels of service established within the Comprehensive
Plan.
As the sites are currently developed, no additional demand
for service capacity will be generated by this action. No
future development of the sites is proposed. A posi ti ve
finding can be made with respect to concurrency.
Consistency: Compliance with the performance standards set forth
in Section 3.3.2 (Standards for Rezoning Actions) along with
required findings in Section 2.4.S(D){S) (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.
I
, , P&Z Staff Report
Rezoning and FLUM Amendment for Moore and Chapin
Page 4
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and the following policy was
found:
Coastal Management Element Policy C-3.2: There shall be no change
in the intensity of land use within the barrier island...
The Transitional FLUM designation does permit development of a
higher intensity than permitted under the current Low Density and
Medium Density Residential designations. While no increase in
intensity could be accommodated under the proposed RO zoning
regulations, the Transitional FLUM designation could theoretically
permit rezoning to the NC, POC, or POD zoning districts. However,
the proposed FLUM amendments and rezonings are corrective and will
merely render the existing uses conforming. Furthermore, rezoning
of either of the parcels to a higher intensity is be prohibited by
this policy. No increase in intensity will be created by the
proposed action.
Section 3.3.2 ( Standards for Rezoning Actions): The applicable
performance standards of Section 3.3.2 and other policies which
apply are as follows:
D) That the rezoning shall result in allowing land uses which
are deemed compatible with adjacent and nearby land uses both
existing and proposedJ or that if an incompatibility may
occur, that sufficient regulations exist to properly mitigate
adverse impacts from the new use.
The subject properties are currently zoned RM. The
properties are adjacent to other RM zoned properties with an
existing office structure zoned SAD (Special Activities
District) to the ~outh. Properties to the north, east, and
west are zoned RM and developed with a mix of multi-family,
duplex, and some single family residential. According to the
Comprehensive Plan, areas designated Transitional on the
Future Land Use Map can "In some instances... provide for a
transition between less intensive residential use and
commercial uses. " This is the function provided by the
subject parcels. The two existing offices in residential
style buildings act as an intermediate intensity between the
higher intensity office structure to the south and west and
the nearby residential development. The RO zoning
designation is appropriate for the Transitional FLUM
designation and for this site. The zoning change and FLUM
amendment will reflect existing conditions and will not
adversely affect the compatibility of the property with
adjacent uses.
standards "A," "B," and "C" do not apply to this property.
Section 2.4.5(D)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(D)(1) (Findings), in addition to
provisions of section 3.1.1, the City Commission must make a
,
P&Z Staff Report
Rezoning and FLUM Amendment for Moore and Chapin
Page 5
finding that the rezoning fulfills one ot ~~the reasons for which
the rezoning change is being sought. These reasons include the
following:
a. That the zoning had previously been changed, or was
originally established, in error;
b. That there has been a change in circumstances which make
the current zoning inappropriate;
c. That the requested zoning is of similar intensity as
allowed under the Future Land Use Map and that it is
more appropriate for the property based upon
circumstances particular to the site and/or
neighborhood.
The applicable reason is "a," pursuant to the following:
The subject properties were developed pursuant to former Multiple
Family Residential zoning districts which permitted office uses as
Conditional Uses. At the time of the Citywide rezoning associated
with the adoption of the LDRs in 1990, the site remained in the RM
district. However, the adopted LDRs removed office uses from the
RM district at that time. This rendered the existing office uses
and structures non-conforming. Since the two sites were developed
with office structures that were residential in appearance, it
appears that the most appropriate zoning designation for these
properties was and is RO.
Additionally, reason "c" would also be appropriate. The existing
office uses are, in some respects, more appropriate than multiple
family residential development on these small parcels which
provide for a more gradual change in intensity from commercial to
residential. ~
LDR Compliance - Use:
Section 4.4.17 Residential Office (RO) District:
"The Residential Office District (RO) is created in order to
provide a very limited application of professional, office, and
similar intensity use to small parcels on properties designated as
Transitional on the Future Land Use Map..."
The subject properties meet the above described Purpose and Intent
of the RO district.
All uses in the structures are permitted in the RO district.
LDR Compliance - Development Standards:
As this is a developed property and no additions or physical
changes to the site .are proposed as a part of this zoning change,
upgrading the site to current development standards is not
required. However the following information is provided for the
record.
I
P&Z Staff Report
Rezoning and FLUM Amendment for Moore and Chapin
Page 6
Section 4.3.4(K) Development Standards Matrix:
Both sites meet most development standards for RO zoning, per LDR
Sections 4.3.4(K) Development Standards Matrix, and 4.4.11
Residential Office (RO) District, including setbacks, building
height, lot coverage, open space minimum lot size and minimum lot
dimensions. The Tison Realty building has a non-conforming rear
setback.
Section 4.6.9 Parking Requirements:
Per LDR Section 4.6.9(C)(4)(c) general office uses are required to
provide 4 spaces per 1,000 square feet of floor area for buildings
under 3,000 square feet or 3.5 spaces per 1,000 square feet for
structures greater. The Tison Realty site has a 1,352 square feet
of floor area, requiring 6 spaces plus 3 spaces to meet the
requirement for the upstairs apartment. Nine spaces are provided.
The Chapin site consists of a 5,550 square foot office structure,
requiring 20 spaces. Twenty-eight spaces are provided. Design
standards for parking spaces and aisleways are generally met on
the Chapin property. However, several non-conformities regarding
aisle widths and maneuvering area exist on the Tison Realty site.
Section 4.6.16 Landscaping:
A full review of landscaping requirements for the two sites was
not undertaken for this review. Current landscape requirements
are probably not fully met for the two parcels. However, neither
of the parcels were cited for non-compliance with the October 1,
1993 perimeter landscape requirements.
REV :t E W B Y o THE R S:
~
The proposed rezonings and FLUM amendment's are not in a
geographic area requiring review by either the HPB (Historic
Preservation Board) , DDA (Downtown Development Authority) or the
CRA (Community Redevelopment Agency).
Neiqhborhood Notice:
Formal public notice has been provided to property owners within a
500' radius of the subject property. A special certified notice
has been sent to each of the property owners of record.
Courtesy notices have been sent to the following homeowners
associations and citizens groups:
* Sandra Almy
Beach Property Owners Association
who have requested notification of petitions in that area.
Letters of objection, if any, will be presented at the P & Z Board
meeting.
I
P&Z Staff Report
Rezoning and FLUM Amendment for Moore and Chapin
Page 7
ASS E SSM E N T AND CON C L U 8-1 0 N:-
The existing Low Density Residential and Medium Density FLUM
designations appear to have been assigned to the existing office
uses in error with the adoption of the Comprehensive Plan and FLUM
in 1989. Likewise, the current RM zoning appears to have been
retained in error for the two parcels at the time of the Citywide
Rezoning. The proposed rezoning to RO will not affect the
intensity of development on the site or the compatibility of the
site with surrounding properties. A rezoning of this property
from RM to RO would allow for the continuation of and necessary
improvements to the existing facilities without being subject to
restrictions imposed on non-conforming properties. All required
positive findings can be made. The proposed rezonings and FLUM
amendments for the two parcels are appropriate.
A L T ERN A T I V E ACT ION S:
A. Continue with direction.
B. Recommend approval of rezonings from RM to RO and FLUM
amendments from Low Density Residential and Medium
Density Residential to Transitional for of the Moore
(f/k/a Tison Realty) and Chapin parcels.
C. Recommend denial rezonings and FLUM amendments for the
subject parcels, based on a failure to make positive
findings.
S T A F F R E COM MEN D A T ION:
Recommend approval of rezonings from RM to RO and FLUM amendments
from Low Density Residential and Medium Density Residential to
Transitional for the two office parcels (Moore and Chapin
parcels), based upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development Regulations,
policies of the Comprehensive Plan, and Section 2.4.S{D){S).
Report prepared by: Jeff Perkins, Planner
Reviewed by DD on:
Attachments:
* Zoning Map
* Future Land Use Map
Y:\PLNZN\MOOREREZ
,
~
CHAPIN, ARMSTRONG & BALLERANO
ATTORNEYS AT LAW
1201 GEORGE BUSH BOULE:VARD
DELRA.Y BEACH. FLORIDA.-:3:348:3-720:)
TElEPHONE (407) 272"225
TELECOPIEF> (407) 272 ,4442
ROBERT D, CHAPIN' LEGAL ASSISTANTS
DAVID G, ARMSTRONG'
..JAMES A, BALLERANO. ..JR. FAYE A. WILLIAMS
CYNTHIA C. SEAMAN
· CERTIF"'I£O BY F"LORIOA BAR SUSAN M. MANISCALCO
WILLS, ,RUSTS AND ESTATES t~\~i.~
October 13, 1994 f . 'ð \qq~
~~'\ \ ~\\~G
BY í-iÄN1J 1,0
~~;I.
Diane Dominquez t:..~~'\
Director, Planning and Zoning Department «\..\ "
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Re: PC # 12-43-46-09-05-000-0060
Dear Ms. Dominquez:
On September 15th I received a letter from Jasmin Allen
indicating that Edith Moore, owner of the property located at the
northwest corner of George Bush Boulevard and Andrews Avenue, is
seeking rezoning of her property to Residential Office (RO)
District. As a result of Mrs. Moore's request, the City seeks to
rezone my law office building to RO as well.
I oppose Edith Mopre's request to rezone her property to RD.
When I purchased my property in 1973, the zoning of Mrs. Moore's
property and my property was RM-15.
While I was a member of the City Council from 1977 to 1979,
and with the assistance of the Planning and Zoning Board, the City
Council rezoned a majority of the properties in Delray Beach to
preserve the residential character of our community. Specifically,
I recommended that the properties on Northeast 8th Street, now
known as George Bush Boulevard, east of the Intracoastal be
downzoned from RM-15 to RM-I0.
In 1979, RM-10 zoning authorized professional offices as a
conditional use. I applied for and obtained a conditional use to
construct a professional office building. As such, I have been a
conforming use ever since. In contrast to my conforming use, Mrs.
Moore's property has been a non-conforming use. Until March of
this year, Tison Realty occupied the downstairs of Mrs. Moore's
duplex property. The upstairs is leased as a residential
apartment. The commercial use of the downstairs portion of Mrs.
Moore's property has been abandoned and thus the downstairs portion
,
·.
Diane Dominquez
October 13, 1994
Page 2
can only be used for residential purposes.
In addition, an examination 'of Mrs. Moore's property will
indicate that commercial usage is inappropriate with the existing
residential usage. Specifically, there are 15 apartments at
Waterway North and three apartments immediately west of' Edith
Moore's property. Edith Moore sold both parcels west of her
property for residential development, granting an easement for
ingress and egress across her property.
In summary, commercial usage of the downstairs portion of Mrs.
Moore's property has been abandoned, and to permit continuing
commercial use of the downstairs portion of Mrs. Moore's property
is inconsistent with existing residential usage.
Thank you for your anticipated cooperation.
.. ~J~
RDC : dlb
. ,
,
.
. .
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER r¡t ¡
SUBJECT: AGENDA ITEM i loB MEETING OF, -~-- .- }';$--'
~ , ., ~.""- ~
"t ; \.. ~ ~' ,"., '" ~ -_...:.L. :'.r.t,if}.~ " L'. " "1"",;
'..'
DATE: DECEMBER 1, 1994
This is second reading and public hearing for Ordinance No. 93-94
which corrects the Future Land Use Map (FLUM) designation and
zoning classification for a 0.40 acre parcel located at 1201 George
Bush Boulevard (known as the Chapin law offices). The site has a
conflict between the current FLUM designation of Medium Density and
current zoning of RM (Medium Density Residential) and the existing
use. The corrective action is to change the land use designation
from Medium Density to Transitional and the zoning from RM to RO
(Residential Office) District.
The Planning and Zoning Board formally reviewed this item at a
public hearing on October 17, 1994, and voted unanimously to
recommend approval of the corrective actions. At first reading on
November 15, 1994, the City Commission passed the ordinance by
unanimous vote.
Recommend approval of Ordinance No. 93-94 on second and final
reading.
.'
PClOOt&, 5-0
ref:agmemol5
.
·
II ORDINANCE NO. 93-94
I:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CORRECTING THE FUTURE LAND USE
MAP DESIGNATION FROM MEDIUM DENSITY RESIDENTIAL TO
;1 TRANSITIONAL, AND CORRECTING THE ZONING
I ~
,I CLASSIFICATION FROM RM (MEDIUM DENSITY RESIDENTIAL)
" DISTRICT TO RO (RESIDENTIAL OFFICE) DISTRICT, FOR A
'I
II
¡i PARCEL OF LAND LOCATED AT 1201 GEORGE BUSH BOULEVARD,
II
¡j AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN¡
"
II ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION
I' PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND
II CORRECTING II ZONING MAP OF DELRAY BEACH, FLORIDA,
1994"¡ PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
Ii CLAUSE, AND AN EFFECTIVE DATE.
'I
I
II
I' WHEREAS, the property hereinafter described is shown on the
,I
Ii Future Land Use Map in the Comprehensive Plan for the City of Delray
II
II Beach, Florida, as being designated Medium Density Residential; and
I¡
!I WHEREAS, the property hereinafter described is shown on the
I;
i! Zoning District Map of the City of Delray Beach, Florida, dated April,
Ii
" 1994, as being zoned RM (Medium Density Residential) District; and
Ii
Ii
¡i WHEREAS, during review of a privately sponsored petition, it
!: was determined by the Planning and Zoning Board to initiate a
¡1 corrective action to resolve a nonconforming situation created by an
"
.i inadvertent action of the City¡ and
~,
WHEREAS, at its meeting of October 17, 1994, the Planning
and Zoning Board for the City of Delray Beach, as Local Planning
Agency, reviewed this item and voted unanimously to recommend approval
of the corrective actions, based upon positive findings; and
WHEREAS, it is appropriate that the Future Land Use Map in
the Comprehensive Plan be corrected to reflect the revised land use
designation, and that the Zoning District Map of the City of Delray
i Beach, Florida, dated April, 1994, be corrected to reflect the revised
, zoning classification.
!
!
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
! CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
!
¡ Section 1. That the legal description of the subject
!
II property is as follows:
II
II
I,
:1
II
If
\1
,I
i'
l' I
,
Lot 6 and the South 54.5 feet of Lot 7, of the Plat I
of Blue Seas as recorded in Plat Book 23, Page 185,
I of the Public Records of Palm Beach County, Florida.
i
The subject property is located at 1201 George Bush
Boulevard, at the northeast corner of Andrews Avenue
and George Bush Boulevard (known as Chapin law I
i
offices); containing 0.40 acres, more or less.
I
Section 2. That the Future Land Use Map in the i
Comprehensive Plan of the City of Delray Beach, Florida, is hereby
correc ted to reflect a land use designation of Transitional for the
subject property.
Section 3. That the City of Delray Beach elects to make
this small scale amendment by having only an adoption hearing,
pursuant to Florida Statutes Section 163.3187(1)(c)4.
Section 4. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
corrected to reflect a zoning classification of RO (Residential
Office) District for the subject property.
Section 5. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
Section 4 hereof.
Section 6. Thaz all ordinances or parts of ordinances in
j conflict herewith be, and the same are hereby repealed.
Section 7. That should any section or provision of this
¡! ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 8. That this ordinance shall become effective as
follows: As to the rezoning, immediately upon passage on second and
final reading; as to the small scale land use plan amendment, the date
a final order is issued by the Department of Community Affairs or
Administration Commission finding the amendment in compliance in
accordance with Section 163.3184, Florida Statutes, whichever occurs
earlier. No development orders, development permits, or land uses
dependent on this amendment may be issued or commence before it has
- 2 - Ord. No. 93-94
,
become effective. If a final order of noncompliance is issued by the
Administration Commission, this amendment may nevertheless be made
I effective by adoption of a resolution affirming its effective status,
i of which resolution shall be sent to the Department of
a copy
Community Affairs, Bureau of Local Planning, 2740 Centerview Drive,
Tallahassee, Florida 32399-2100,
PASSED AND ADOPTED in regular session on second and final I
reading on this the 6th day of December 1994. I
I ,
~
MAR
ATTEST:
OJlhmfJ}l1.f1- j¡j 'if /lr;1~
City lerk
First Reading November 15, 1994
Second Reading December 6, 1994
II
I!
II
,I
Ii . ,
II
II
I,
i'
II
II
¡1
,I
II
í
I
- 3 - Ord. No. 93-94
I
II
,
· I
~JIOJJ' __!~ ~b f----.JJ ~ I _ .... .~¡~ ¿
I- t=J J I Ie!;}
~ . 1 1~
J, I I ~ f;
m a LJ ;-... ) I ;5
· l'~·;a{A I ( ) 1 __I~I 71
LA~" .. -- a l'!'-
I ~ ~ T 1, ,-__1-_ I I
./ ï-' I
7/ I 7
~. ì I .J I'll in.} ,
j -1- <I-- lpo: - -
_ ....... J:. \Q;'- · 1'1, a
If 'T J 0 ~ · í 111.
.... ,_' ~ i
~ ::::=fj : ~ Rt\'! \ S~~-~ I STREEl ~
¡>() 1 ~IJ ,R I H.E.' ~ I ;;
SA,~ ~\ ' c:r ''''' .".v 0
., J I \~ 1 I:
1 ~
DrGV g
I CD
I, J
U >-/1 I 1'1' ~ ~
~ « ~ Hi ~80 I I I ~ - = «
e-i J :~~ II / - ~
= I ::;': F -1-J'JA / .j~- ~
- /«~ 1 I 1 ...~-r I---- u
,0 ( ~, --
() :s: 1<:1 ~,"n T'IIIVE _dtþ 9 J ,~ ....
~ <{ I J I ~ 7~ ~
- I ~ «
= 1.... 7 -J
:::: -I ~ ( I \~ 7 I :
J I 1/
N
~ N. ANDREWS AVENUE
o~~~=F\. REZONINGS
-- DKXrAL BJ.Sé WP sr.m:M -
I
IJ¡..,1J ~ ~
1 : ~
[]] l(j~!- I 1~r ~--
¡ I I -=1:-
CJ ~~J
Je -
[]]§ . J 1 7!f----~--
'-__ ilL I LI,l I I~ I
~"f;~k''(1- .fOf'þ~wy ~ ¡ 1 I"' I
I (--- I- _Ì-_ I 7
I r- I
7 I I I ~
1;/./ T
. " _, ~__ I : ~ "",.N! I
'- 1_ ,__ UT-Jn I~
_ ~' --f Iì.lr~;J~=--
~ -~ '. ffE!J, O£f.J~m' I rt,g)~~,rr
. , ' I M¡;,.r I
I ,-" ,... STRm
- 1 mfJ¡$rr((jMfJ~ ~n ~ I I l
~" ~D J 1 I '«
t-I.E. :>
@,{;. ~¡gfPl!JF1i ~ 'I"·~ w" ~
@œfj~rrt ~
RJ~
,
()p~~ I ¡¡~
îJ I ~~A~~
;I 1 ~ f"..~ I I I I~I i _ ~ ~
=~ I ~;o / r I I I I / /' ~ '-- :::
l I I- 0: ~/ - 0
~ ~w ~
:.....i .q: I- ~ I 1 r.r.J I---
I .q: I-- n ~\J\f (J
/0 ~- ~-
J (J 3: I~ lOJn nJl~ ,;(g~~'(t J l-
I.q: i r I 1 J ~~ 1 ~ <=
7"' ~ 7J «
j; ( ,L I I I I \~ I I IJ ~
N
~ N. ANDREWS AVENUE
c~'-~~~ f\. F. L. U. M. AM EN 0 M ENT
- Qqf~ IUS£' WI' S'fSTD,( --
I
#1
C I T Y COM MIS S ION DOC U MEN TAT ION
TO:
THRU:
ONING
FROM:
SUBJECT: MEETING OF NOVEMBER 15, 1994
CORRECTIVE REZONING FROM RM (MULTIPLE FAMILY
RESIDENTIAL - MEDIUM DENSITY) TO RO (RESIDENTIAL
OFFICE) AND FLUM AMENDMENT FROM MEDIUM DENSITY
RESIDENTIAL TO TRANSITIONAL FOR A PARCEL OF LAND
( LOT 6 AND THE SOUTH 54.5 FEET OF LOT 7, BLUE SEAS
SUBDIVISION A/K/A CHAPIN LAW OFFICE).
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is the approval on first
reading of a corrective rezoning of a parcel (Lot 6 and the
south 54.5 feet of Lot 7, Blue Seas subdivision) from RM
(Multiple Family Residential - Medium Density) to RO
(Residential Office) and a corrective FLUM amendment from Medium
Density Residential to~,Transitional.
The subject property is the Chapin property, a 0.40 acre parcel
developed with an office structure. The property is located on
the northeast corner of Andrews Avenue and of George Bush
Boulevard.
BACKGROUND:
The parcel which is affected by this action is an existing
office located at 1201 George Bush Boulevard. The office was
established in 1975 with approval of a conditional use pursuant
to the previous RM-15 zoning district. The site was rendered
non-conforming in 1990 when offices were removed as conditional
uses in the RM zoning districts with the adoption of the LDRs.
The proposed FLUM amendment is being processed as a Small Scale
Development pursuant to Florida Statutes 163.3187. This statute
permits any local government comprehensive land use amendments
directly related to proposed small scale development activities
,
City Commission Documentation
Corrective Rezoning and FLUM Amendment for Chapin
Page 2
to be approved without regard to statutory limits on the frequency
of consideration of amendments (twice a year), subject to several
conditions. All of those conditions are met for the parcel. A
more complete description of 163.3187 and the subject parcel is
contained in the P & Z Board staff report.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered the proposed corrective
rezoning and FLUM amendment at a public hearing during its regular
meeting of October 17, 1994. No objections or concerns were
raised by the Board or by the public at the meeting. The Board
unanimously recommended approval of the proposed rezoning and FLUM
amendment.
RECOMMENDED ACTION:
By motion, approve on first reading a corrective rezoning of the
0.40 acre Chapin property from RM (Multiple Family Residential -
Medium Density) to RO (Residential Office) and a corrective FLUM
amendment from Medium Density Residential to Transitional.
Attachment:
* P&Z Staff Report
. ,
,
.PLANNING & ZONING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT ---
--. .~-~
MEETING DATE: October 17, 1994
AGENDA ITEM: V,ß.
ITEM: Corrective FLlJì'1 Amend;nents from Low Density Residential & ~ edium Density Residential
to Transitional & Rezonings from RM (Medium Density Residential to RO (Residential
Office).
it ~ f---- III¡--f, , I r=l( I T[J_J-~- T -1_1 '--I
l.- e--- ......~( ,
~ I-- cr:=El,
f---- , ~ ¡ i 1j; i I
J
- . I '--- J í 1. I I '-- ~I ' ""'" I 1-
..
-
- ~ I~ I
- IWAT£.RWAY NORni C1:JNOO ·fT T I:
-
-
- '\ sn!L1 J..,
- z I '~1 I 0
-
- ;.:J.A..£"......-c NL \ ! 1 J 1 0
I I 'O!. ! ~ ..~ 1- - lJ
~I 'T.':r- -
i' I! c'> (;j SA.: 1 >-
, I' ~~~ et"o-. \ I T I ¡ I Z
ólDl,!!i I oQ.'- c~' '0(
\ : ! ...
lill111 ¡I ----. i ....
I I El I . '<
~ t-Jì" \J I .
I <> -
I ~f ,
GENERAL DATA:
Owner, ,..,., , , . . , .. , . . . . ,Edith Moore
Robert Chapin
Agent,."",.....,...... .David Harden, City Hanaqer
City of Delray Beach.
Location.."... .........,North side of Georqe Bush Boulevard at
.' Andrews Avenue.
Property Size.. ......... ,0.74 Acres.
City Land Use Plan.. ... . ,Low Density Residential
Medium Density Residential
Proposed Land Use PIan...Transitional
Current Zoning. ..,..., ,.,~~ (Multiple Family Residential -
Medium Density)
Proposed Zoning,......,. .RO (Residential Office)
Adjacent Zoning.. ,North: R~
East: RM
South: ~~ and SAD (Special Activities
District)
West: R~ and SAD
Existing Land Use.,. ...,.Two parcels, each developed with an
office structure and associated parking
landscaping.
Development Proposal.....Corrective FLUM amendment from Low
Density Residential and ¥.edium Density
Residential to Transitional and
corrective rezonings from RM to RO.
Water Service............£xisting on site.
Sewer Service....,...... ,Existing on site.
V,8,
,
· '
I T E M B E FOR E THE BOA R D:
~ --
The action before the Board is making a recommendation on
correct! ve rezonings _ from RM to RO and Small Scale Future Land
Use Plan amendments from Low Density Residential and Medium
Density Residential to Transitional for two parcels.
The subject properties are Moore's Landing, Parcel 1, located on
the west side of Andrews Avenue, north of George Bush Boulevard
and Lot 6, with the south 54.5 feet of Lot 7, Blue Seas, located
on the northeast corner of Andrews Avenue and George Bush
Boulevard. The two parcels have a total area of 0.74 acres.
Pursuant to Section 2.2.2(E), the Local Planning Agency shall
review and make a recommendation to the City Commission with
respect to rezoning and/or FLUM Amendment of any property within
the city.
B A C K G R 0 U N D:
The proposed amendment was requested by the owner of the
property located at 800 N. Andrews Avenue (formerly Tison
Real ty) . This parcel currently contains a structure housing a
non-conforming office structure and a permitted residential use.
In addition to the non-conforming use, the site also has a
conflict between the current Future Land Use Map designation
(Low Density Residential) and zoning (RM).
While reviewing the history of this parcel, staff discovered
three adjacent properties which either have inconsistencies
between FLUM and zoning or have non-conforming structures.
Three of the four parcels were considered for a FLUM amendment
from Low Density Residential to Medium Density Residential with
Comprehensive Plan Amendment 91-1. However, the FLUM amendment
was not transmitted with 91-1. Of the four parcels, two will be
considered for small scale FLUM amendments at this time, while
the remaining two (the two parcels located to the north of the
Moore parcel, developed with single family residences and
assigned a FLUM designation of Low Density Residential with RM
zoning) will be considered as a portion of Comprehensive Plan
Amendment 95-1.
The property located at 800 N. Andrews Avenue (formerly Tison
Realty) was annexed into the City with initial zoning of R-3 in
1963, via Ordinance G-S08. A single fami ly residence was
constructed on the property in 1963. The site was subsequently
converted to office use. In 1979, a residential unit was added
to the non-conforming office. The parcel was given the FLUM
designation of Low Density Residential with the adoption of the
Comprehensive Plan in 1989 and assigned to the RM zoning
district with the Citywide rezonings in 1990. Thus, there is a
conflict between the FLUM designation and zoning for the parcel.
As the property is developed with an existing office structure,
a FLUM amendment to Transitional and a Rezoning to RO
(Residential Office) may be appropriate. These actions will
eliminate the
,
, , P&Z staff Report
Rezoning and FLUM Amendment for Moore and Chapin
Page 2
conflict between the City's FLUM and zoning designations and bring
the current use of the property into conformity with the LDRs.
The Chapin parcel, located at the northeast corner of Andrews
Avenue and George Bush Boulevard (1201 George Bush Boulevard), was
annexed in 1975 with initial zoning of RM-15. At that time
offices were permitted in multiple family zoning districts as
conditional uses. Conditional Use and Site Plan approval for the
construction of an office building were granted in 1975 and the
approved structure was constructed in 1979. The site has been in
use as an office since that time. With the adoption of the LDRs
in 1990, offices were deleted as a Conditional Use in the RM
district. Thus the office use on the parcel is now
non-conforming.
COM PRE HEN 5 I V E P LAN A N A L Y 5 I 5:
The proposed FLUM amendments are being processed as Small Scale
Developments pursuant to Florida Statutes 163.3187 as amended by
Senate Bill 1882, effective April 8, 1992. This statute permits
any local government comprehensive land use amendments 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 cumulative 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 two subject parcels contain a total area of 0.74 acres,
contain existing office developme~ts. They will receive the
Transitional FLUM designation and RO zoning. Neither of the
parcels have been considered for a FLUM amendment nor has by
either of the two property owners been granted an amendment on any
property within 200' of the subject parcels. These parcels, along
with all other small scale amendments processed by the City in the
last year do not exceed the 60 acre limit.
Land Use Analysis:
Pursuant to Land Development Regulations Section 3.l.1(A) all land
uses and structures must be allowed in the zoning district and the
zoning district must be consistent with the land use designation.
The existing struc1:,ures are not permitted in the current zoning
designation for the site (RM) I which is inconsistent with the
current Low Density Residential FLUM designation for one of the
parcels.
.
·
P&Z Staff Report
Rezoning and FLUM Amendment for Moore and Chapin
Page 3
The current Future Land- Use- designations for the subject parcels
are Medium Density Residential (Chapin) and Low Density
Residential (Moore). The proposed FLUM designation for the
parcels is Transitional.
According to the definition of the Transitional FLUM Designation
in the Future Land Use Element of the Comprehensive Plan, can "In
some instances... provide for a transition between less intensive
residential use and commercial uses." This is the function
provided by this site. As the subject parcels are located
between an existing residential area with a mix of single and
multiple family units to the north and west and an existing four
story office structure, the FLUM designation is appropriate.
Z 0 N I N G A N A L Y S I 5:
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must
be made in a form which is part of the official record. This
may be achieved through information on the application, the
staff report, or minutes. Findings shall be made by the body
which has the authority to approve or deny the development
application. These findings relate to the following four
areas.
Future Land Use Map: The use or structures must be allowed in the
zoning district and the zoning district must be consistent with
the land use designation.
The requested zoning change is from RM (Multiple Family
Residential - Medium Density) to RO (Residential Office).
The Residential Office zoning district is identified as
appropriate under the Transitional designation in Table T-6
of the Comprehensive Plan.
Concurrency: Facilities which are provided by, or through, the
City shall be provided to new development concurrent with issuance
of a Certificate of Occupancy. These facilities shall be provided
pursuant to levels of service established within the Comprehensive
Plan.
As the sites are currently developed, no additional demand
for service capacity will be generated by this action. No
future development of the sites is proposed. A posi ti ve
finding can be made with respect to concurrency.
Consistency: Compliance with the performance standards set forth
in Section 3.3.2 (Standards for Rezoning Actions) along with
required findings in Section 2.4.S(D)(S) (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.
,
, , P&Z Staff Report
Rezoning and FLUM Amendment for Moore and Chapin
Page 4
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and the following policy was
found:
Coastal Management Element POlicy C-3.2: There shall be no change
in the intensity of land use within the barrier island...
The Transitional FLUM designation does permit development of a
higher intensity than permitted under the current Low Density and
Medium Density Residential designations. While no increase in
intensi ty could be accommodated under the proposed RO zoning
regulations, the Transitional FLUM designation could theoretically
permit rezoning to the NC, POC, or POD zoning districts. However,
the proposed FLUM amendments and rezonings are corrective and will
merely render the existing uses conforming. Furthermore, rezoning
of either of the parcels to a higher intensity is be prohibited by
this policy. No increase in intensity will be created by the
proposed action.
Section 3.3.2 ( standards for Rezoning Actions): The applicable
performance standards of Section 3.3.2 and other policies which
apply are as follows:
D) That the rezoning shall result in allowing land uses which
are deemed compatible with adjacent and nearby land uses both
existing and proposed; or that if an incompatibility may
occur, that sufficient regulations exist to properly mitigate
adverse impacts from the new use.
The subject properties are currently zoned RM. The
properties are adjacent to other RM zoned properties with an
existing office structure zoned SAD (Special Activities
District) to the. south. Properties to the north, east, and
west are zoned Rk and developed with a mix of multi-family,
duplex, and some single family residential. According to the
Comprehensive Plan, areas designated Transitional on the
Future Land Use Map can "In some instances.. .provide for a
transition between less intensive residential use and
commercial uses. It This is the function provided by the
subject parcels. The two existing offices in residential
style buildings act as an intermediate intensity between the
higher intensity office structure to the south and west and
the nearby residential development. The RO zoning
designation is appropriate for the Transitional FLUM
designation and for this site. The zoning change and FLUM
amendment will reflect existing conditions and will not
adversely affect the compatibility of the property with
adjacent uses.
Standards "A," "B," and "C" do not apply to this property.
Section 2.4.S(D)(S) (Rezoning Findings):
Pursuant to Sect10n 2.4.S(D)(1) (Findings), in addition to
provisions of Section 3.1.1, the city Commission must make a
.
P&Z staff Report
Rezoning and FLUM Amendment for Moore and Chapin
Page 5
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 1 t 1s
more appropriate for the property based upon
circumstances particular to the site and/or
neighborhood.
The applicable reason is "a," pursuant to the following:
The subject properties were developed pursuant to former Multiple
Family Residential zoning districts which permitted office uses as
Conditional Uses. At the time of the Citywide rezoning associated
with the adoption of the LDRs in 1990, the site remained in the RM
district. However, the adopted LDRs removed office uses from the
RM district at that time. This rendered the existing office uses
and structures non-conforming. Since the two sites were developed
with office structures that were residential in appearance, it
appears that the most appropriate zoning designation for these
properties was and is RO.
Additionally, reason "c" would also be appropriate. The existing
office uses are, in some respects, more appropriate than multiple
family residential development on these small parcels which
provide for a more gradual change in intensity from commercial to
residential. ~'
LDR Compliance - Use:
Section 4.4.17 Residential Office (RO) District:
"The, Residential Office District (RO) is created in order to
provide a very limited application of professional, office, and
similar intensity use to small parcels on properties designated as
Transitional on the Future Land Use Map..."
The subject properties meet the above described Purpose and Intent
of the RO district.
All uses in the structures are permitted in the RO district.
LDR Compliance - Development Standards:
As this is a developed property and no additions or physical
changes to the site. are proposed as a part of this zoning change,
upgrading the site to current development standards is not
required. However the following information is provided for the
record.
.
P&Z Staff Report
Rezoning and FLUM Amendment for Moore and Chapin
Page 6
Section 4.3.4(K) Development Standards Matrix: -----~---_.-
Both sites meet most development standards for RO zoning, per LDR
Sections 4.3.4(K) Development Standards Matrix, and .. 4 .4 . 17
Residential Office (RO) District, including setbacks, building
height, lot coverage, open space minimum lot size and minimum lot
dimensions. The Tison Realty building has a non-conforming rear
setback.
Section 4.6.9 Parking Requirements:
Per LDR Section 4.6.9(C)(4)(c) general office uses are required to
provide 4 spaces per 1,000 square feet of floor area for buildings
under 3,000 square feet or 3.5 spaces per 1,000 square feet for
structures greater. The Tison Realty site has a 1,352 square feet
of floor area, requiring 6 spaces plus 3 spaces to meet the
requirement for the upstairs apartment. Nine spaces are provided.
The Chapin site consists of a 5,550 square foot office structure,
requiring 20 spaces. Twenty-eight spaces are provided. Design
standards for parking spaces and aisleways are generally met on
the Chapin property. However, several non-conformities regarding
aisle widths and maneuvering area exist on the Tison Realty site.
Section 4.6.16 Landscaping:
A full review of landscaping requirements for the two sites was
not undertaken for this review. Current landscape requirements
are probably not fully met for the two parcels. However, neither
of the parcels were cited for non-compliance with the October 1,
1993 perimeter landscape requirements.
REV I E W B Y o THE R S:
. ,
The proposed rezonings and FLUM amendment's are not in a
geographic area requiring review by either the HPB (Historic
Preservation Board), DDA (Downtown Development Authority) or the
CRA (Community Redevelopment Agency).
Neiqhborhood Notice:
Formal public notice has been provided to property owners within a
500' radius of the subject property. A special certified notice
has been sent to each of the property owners of record.
Courtesy notices have been sent to the following homeowners
associations and citizens groups:
* Sandra Almy
Beach Property OWners Association
who have requested notification of petitions in that area.
Letters of objection, If any, will be presented at the P & Z Board
meeting.
.
P&Z Staff Report
Rezoning and FLUM Amendment for Moore and Chapin
Page 7
ASS E SSM E N T AND CON C LU S~Ic O'N:-- --,
The existing Low Density Residential and Medium Density FLUM
designations appear to have been assigned to the existing office
uses in error with the adoption of the Comprehensive Plan and FLUM
in 1989. Likewise, the current RM zoning appears to have been
retained in error for the two parcels at the time of the Citywide
Rezoning. The proposed rezoning to RO will not affect the
intensity of development on the site or the compatibility of the
site with surrounding properties. A rezoning of this property
from RM to RO would allow for the continuation of and necessary
improvements to the existing facilities without being subject to
restrictions imposed on non-conforming properties. All required
positive findings can be made. The proposed rezonings and FLUM
amendments for the two parcels are appropriate.
A L T ERN A T I V E ACT ION S:
A. Continue with direction.
B. Recommend approval of rezonings from RM to RO and FLUM
amemiments from Low Density Residential and Medium
Density Residential to Transitional for of the Moore
(f/k/a Tison Realty) and Chapin parcels.
C. Recommend denial rezonings and FLUM amendments for the
subject parcels, based on a failure to make positive
findings.
S T A F F R E COM MEN D A T ION:
Recommend approval of ~ezonings from RM to RO and FLUM amendments
from Low Density Residential and Medium Density Residential to
Transitional for the two office parcels (Moore and Chapin
parcels), based upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development Regulations,
policies of the Comprehensive Plan, and Section 2.4.5(D)(5).
Report prepared by: Jeff Perkins, Planner
Reviewed by DD on:
Attachments:
* Zoning Map
* Future Land Use Map
Y:\PLNZN\MOOREREZ
.
·
-
CHAPIN, AR:MSTRONG & BALLERANO
ATTORNEVS AT LAW
'201 GEORCE BUSH BOULEVARO
DELRAY BEACH, FLORIDA-:3:348:3-720:3
TElE""'ONE (407) 272"225
TELECOPIER (407) 272, 4442
ROBERT 0, CHAPIN' lECAL ASSISTANTS
DAVID G, ARMSTRONG' rAvE A. WILLIAMS
,JAMES A, BALLERANO. .JR, CVNTHIA C. SEAMAN
· CCR'!'lF"'.£O BY F'LORIOA eAR SUSAN M. MANISCALCO
WILLS, ~"VSTS AND ESTATES t~\~i.'
October 13, 1994 f . 'I> \qq~
fj~\ \ ~\\~G
13 Y HÅNLJ G to¿,1.°
Diane Dominquez ~~~'0~
Director, Planning and Zoning Department <:(\..1, "
City of Delray Beach
100 N,W. 1st Avenue
Delray Beach, FL 33444
Re: PC # 12-43-46-09-05-000-0060
Dear Ms. Dominquez:
On September 15th I received a letter from Jasmin Allen
indicating that Edith Moore, owner of the property located at the
northwest corner of George Bush Boulevard and Andrews Avenue, is
seeking rezoning of her property to Residential Office (RO)
District. As a result of Mrs. Moore's request, the City seeks to
rezone my law office building to RO as well.
I oppose Edith Moore's request to rezone her property to RO.
When I purchased my ~roperty in 1973, the zoning of Mrs. Moore's
property and my property was RM-1S.
While I was a member of the City Council from 1977 to 1979,
and with the assistance of the Planning and Zoning Board, the City
Council rezoned a majority of the properties in Delray Beach to
preserve the residential character of our community. Specifically,
I recommended that the properties on Northeast 8th Street, now
known as George Bush Boulevard, east of the Intracoastal be
downzoned from RM-15 to RM-10.
In 1979, RM-10 zoning authorized professional offices as a
conditional use. r applied for and obtained a conditional use to
construct a professional office building. As such, I have been a
conforming use ever since. In contrast to my conforming use, Mrs.
Moore's property has been a non-conforming use. Until March of
this year, Tison Realty occupied the downstairs of Mrs. Moore's
duplex property. The upstairs is leased as a residential
apartment. The commercial use of the downstairs portion of Mrs.
Moore's property ha~ been abandoned and thus the downstairs portion
·
Diane Dominquez
October 13, 1994
Page 2
can only be used for residential purposes.
In addition, an examination 'of Mrs. Moore's property will
indicate that commercial usage is inappropriate with the existing
residential usage. Specifically, there are 15 apartments at
Waterway North and three apartments imr.1ediately west of' Edith
Moore's property. Edith Moore sold both parcels west of her
property for residential development, granting an easement for
ingress and egress across her property.
In summary, commercial usage of the downstairs portion of Mrs.
Moore's property has been abandoned, and to permit continuing
commercial use of the downstairs portion of Mrs. Moore's property
is inconsistent with existing residential usage.
Thank you for your anticipated cooperation.
, ~~
RDC : dlb
.'
,
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t'ï1.
SUBJECT: AGENDA ITEM it /O.Co. - MEETING OF ,~Du!"."n ~_.:!t;J$,~~,~
-- ~JI'TIHJlr-\"iì-',~JA~- . '..<.f·¡~-~~~"·~ir ø¡¡rIU~~a, .'ž'."..þ;~
,.," ~ '," , , ' . p~ ~ > . ·3~.
, ,
DATE: DECEMBER 2, 1994
This is second reading and public hearing for Ordinance No. 61-94
which annexes an 11.63 acre undeveloped portion of Rockland Park
Subdivision with initial zoning of RL (Low Density Residential - 3
to 6 units per acre). The subject property is located on the west
side of Military Trail, approximately 2,800 feet north of Atlantic
Avenue.
The applicant initially applied for annexation with initial zoning
of RM (Medium Density Residential - 6 to 12 units per acre). When
the petition was considered by the Planning and Zoning Board at
public hearing on July 18, 1994, the recommendation was to approve
the annexation with initial zoning of RL. On August 2, 1994, the
City Commission voted unanimously to transmit the associated land
use plan amendment from County Low Density (3 units/acre) to City
Medium Density as part of Comprehensive Plan Amendment 94-2. At
the same time, the Commission indicated their support for RL zoning
as opposed to the requested RM zoning. The applicant has since
amended the annexation petition to reflect initial zoning of RL
(Low Density Residential).
On August 16, 1994, Ordinance No. 61-94 was presented to the
Commission for first reading. It was tabled, pending further
discussion of the City's annexation policy for properties in the
reserve area. At the October 4th workshop, staff was directed to
proceed with the annexation of the area west of Military Trail in
timely fashion and to process voluntary annexation petitions such
as Rockland Park as they are received. Inasmuch as we are now at
the adoption stage for Comprehensive Plan Amendment 94-2, it is
appropriate to proceed with concurrent annexation of the property
prior to affixing the official land use designation. At first
reading on November 15, 1994, the Commission passed the ordinance
by unanimous vote.
Recommend approval of Ordinance No. 61-94 on second and final
reading.
fJMOCCl 31:d~
ref:agmemo6 ( 'It.¡ nteh r¡.- ~ ~)
.
.
ORDINANCE NO. 61-94
I THE CITY COMMISSION OF THE CITY OF
I' AN ORDINANCE OF
:i
" DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
q
II BEACH, A PART OF ROCKLAND PARK SUBDIVISION, LOCATED
I, ON THE WEST SIDE OF MILITARY TRAIL APPROXIMATELY
:¡ 2,800 FEET NORTH OF ATLANTIC AVENUE, AS MORE I
II
jl PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS I
II CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY;
II REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE
SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS
I' OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO RL
Ii
I (LOW DENSITY RESIDENTIAL) DISTRICT; PROVIDING A I
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN I
EFFECTIVE DATE. I
WHEREAS, Andre Baldanza, Richard Baldanza, Jessica Olmsted,
Philip Polizzotto, and Marie Salanitri are the fee-simple owners of a
part of Rockland Park Subdivision, as the same is more particularly
described herein; and I
,
!I WHEREAS, Cari A. Podesta, Esquire, as duly authorized agent
for the fee-simple owners as hereinabove named, has requested by
I petition to have the subject property annexed into the municipal
I limits of the City of Delray Beach; and
!I
WHEREAS, the subject property hereinafter described is
I, contiguous to the corporate limits of the City of Delray Beach,
,I
Ii Florida; and
I-
I
I'
,I WHEREAS, the designation of a zoning classification is part
!I
'i of the annexation proceeding, and provisions of Land Development
I
Regulations Chapter Two have been followed in establishing the
i proposed zoning designation; and
! the City of Delray Beach has heretofore been
i WHEREAS,
authorized to annex lands in accordance with Section 171.044 of the
I Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED 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, Palm Beach County, Florida, hereby annexes to said City the
following described land located in Palm Beach County, Florida, which
lies contiguous to said City to-wit:
1
I
\
\
I
,.
"
.
Lots 14 through 26, inclusive, Block 2 (less the
easterly 33.41 feet thereof for right-of-way for SR
809), and Lots 1 through 26, inclusive, Block 3 (less
I the easterly 34.02 feet thereof for right-of-way for
I
, SR 809), ROCKLAND PARK, according to the Plat thereof
i
II recorded in Plat Book 24, Page 23, of the Public
Records of Palm Beach County, Florida;
II TOGETHER WITH the unimproved 50 ft. road right-of-way
;1 for Mazza Drive, and the unimproved 25 ft. road
Ii
I! right-of-way (McGovern Lane) directly adjacent to the
south of Lots 14 through 26, inclusive, Block 3, and
'I the unimproved 25 ft. road right-of-way lying west of
II and adjacent to Lot 14, Block 2, Mazza Drive road
11 right-of-way, Lots 13 and 14, Block 3, and McGovern
II Lane road right-of-way, all lying within the Plat of
! ROCKLAND PARK, as recorded in Plat Book 24, Page 23,
,I
'/ of the Public Records of Palm Beach County, Florida.
!I The subject property is located on the west side of
II Military Trail, approximately 2,800 feet north of
Atlantic Avenue; containing 11.63 acres, more or
less.
¡i
11 Section 2. That the boundaries of the City of Delray Beach,
Ii
I Florida, are hereby redefined to include therein the above-described
I parcels and said land is hereby dec lared to be wi thin the corporate
i
I limits of the City of Delray Beach, Florida.
, Section 3. That Chapter Two of the Land Development
,
¡ Regulations has been followed in the establishment of a zoning
classification in this ordinance and the parcels hereinabove described
are hereby declared to be in Zoning District RL (Low Density
Residential) as defined by existing ordinances of the City of Delray
Beach.
,
I
I Section 4. That the land hereinabove described shall
I immediately become subject to all of the franchises, privileges,
I immunities, debts, obligations, liabilities, ordinances and laws to
which lands in the City of Delray Beach are now or may be subjected,
including the Stormwater Management Assessment levied by the City
I pursuant to its ordinances and as required by Florida Statutes Chapter
197, and persons residing thereon shall be deemed citizens of the City
of Delray Beach, Florida.
I
II
II - 2 - Ord. No. 61-94
¡,
II
:)
.
I
Section 5. That this annexation of the subject property,
including adjacent roads, alleys, or the like, if any, shall not be
Ii deemed acceptance by the City of any maintenance responsibility for
I' such roads, alleys, or the like, unless otherwise specifically
II initiated by the City pursuant to current requirements and conditions.
I' Section 6. That all ordinances or parts of ordinances in
¡I
II conflict herewith be, and the same are hereby repealed.
!. Section 7. That should any section or provision of this
¡I
Ii 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 8. That this ordinance shall become effective as
follows: As to annexation, immediately upon passage on second and
I final reading; as to zoning, immediately upon adoption on second and
final reading of Ordinance No. 94-94, under which an official land use
II designation of Medium Density Residential is affixed to the subject
property hereinabove described.
II PASSED AND ADOPTED in regular session on second and final
I reading on this the 6th day of December , 1994.
~¿
I
I - MAY
ATTEST:
f2kl)fTT!'ilþ~j¡{{;& Jh;i:¡
City Cl k
First Reading November 15, 1994
Second Reading December 6, 1994
I
!
- 3 - Ord. No. 61-94 I
.
,
r I
Oil 1 1,-'- -
i~1 I IrF?=
f--- · I V .... 3M
Æ I I' I I I ! ~ - r- «. -
CONQJII IIII'IE 16 ,~
1 " ·
J II, .. -:1
~ :" ì u<
l/A <0(
0:1
-.
~ )r-= r - POTeFfIcE ~ - l.ll T
V-, HIGH POINT ,",ST _~~,,:,~__J ~ II
I .~
I
I
V SPENCE I r·-·.....·--, ß\ r_aa
PROPERTY 1>' · \ I
, ~ I, 1--
~ I J(
: _u i t) 7i
----
.-.
- an IM1S - t'-- ¡:r
- -~~-
~Þ--< ~ '\)'{,.v ~
'\)~ ~'\,Þ-C Q\)Þ-~
.. ~,tJ-~' "J /' i
I
:::L--o I
\ ~-
- ~ I I
____ I 1 íl II
: I 7 -..........- AI TL ANT Ie L
N
øn~:.:"n. ANNEXATION
"
-- (Jt(;tTAL 8U£
fIN' SI'S'7DI --
"
..
CARl A PODESTA, P.A.
11380 Prosperity Farms Road, Suite 2108
Palm Beach Gardens, Florida 33410
Carl Sussman Podesta TelepboDe (407) 627~9
Attorney at Law Fa (<<17) 624-4443
November 10, 1994
VIA FEDERAL EXPRESS
Jasmin Allen, Planner
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Re: Rockland Park Subdivision/Applications for Annexation, Rezoning and Land Use Plan
Amendment
Dear Ms. Allen:
In response to your letter of October 25, 1994, enclosed please find the following
original documents which have been executed by Andre Balða{17.J1, Richard Baldan7-8,Jessica
Olmsted, Phil Polizzotto, and Marie Salanitri, respectively, as the owners of the property
referenced above:
1. Owner's Affidavit Regarding Stormwater Management Assessment;
2. Owner's Consent and Agency Designation for Land Use Plan Amendment;
3. Owner's Consent and Agency Designation for Annexation Application; and
4. Owner's Consent and Agency Designation for Rezoning Application.
As the Owners have appointed me their agent for the purpose of processing the
referenced applications, they have authorized me to formally request that the City modify
the Rezoning Application to reðect the RL (residential low - 3 to 6 units per acre) zoning
classification in lieu of the RM designation originally requested by the prior applicant, Mr.
Jeffrey Kukes.
If you _have any questions regarding this letter or enclosures, please contact me
immediately. JwÐI be in attendance at the City Commission hearing on November 15, 1994
and would appreciate it if you will let me know whether any back up material will be
provided or available in connection with this hearing. Thank you.
Sincerely,
CaUQ.~
Cari A. Podesta
Enclosures
.
"
oK
fl4
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: HARDEN, CITY
¿::::.--
THRU:
FROM:
SUBJECT: MEETING OF NOVEMBER 15, 1994
ANNEXATION OF A 11. 63 ACRE PARCEL OF LAND (A PORTION
OF ROCKLAND PARK SUBDIVISION) AND INITIAL ZONING OF RL
(MULTIPLE FAMILY RESIDENTIAL - LOW DENSITY.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the commission is the approval on first
reading of the annexation and initial zoning of RL (Multiple
Family Residential - Low Density) for a portion of the Rockland
Park Subdivision.
The subject property is a 11.63 acre vacant parcel, located on
the west side of Military Trail, approximately 2800 feet north
of Atlantic Avenue.
BACKGROUND:
The site is an 11.63 acre undeveloped portion of the Rockland
Park subdivision (total acreage 20.8). It is located in
unincorporated Palm Beach County, within the City's designated
planning and service area.
In 1989, this property was given an advisory Future Land Use Map
(FLUM) designation of Medium Density Residential. It is
des ignated on the County's Future Land Use Map (FLUM) as LR-3
(Low Density Residential - 3 units per acre). The applicant has
applied for annexation of the parcel into the City with an
initial zoning of RM (Multiple Family Residential - Medium
Density) . An application for a Future Land Use Map amendment
from the current County designation of LR-3 (Low Residential - 3
units per acre) to the City's Medium Density Residential
designation is being processed simultaneously.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered a request for
annexation with initial zoning of RM at its regular meeting of
July 18, 1994. At that meeting a number of residents of
adjacent properties expressed concerns over the effects of the
,
City Commission Documentation
Rockland Park Annexation and Initial Zoning
Page 2
proposed density on their communities. They felt that
development at the RM maximum density of 12 units per acre would
be incompatible with the surrounding densities (Approximately
6-7 d.u./acre in High Point West and 3 d.u./acre in the
developed portion of Rockland Park). Other concerns related to
the possible height of structures developed pursuant to the RM
regulations and the possibility of development of the parcel as a
rental community. The Board agreed with the residents with
regard to the compatibility of the densities and recommended
approval of the annexation with an initial zoning of RL
(Multiple Family Residential - Low Density, 3-6 units per acre).
The annexation and initial zoning were considered in conjunction
with a change in the FLUM designation from County LR-3 to City
Medium Density Residential. The P & Z Board voted unanimously
to recommend transmittal of the amendment to Medium Density
Residential. On August 2, 1994 the City Commission voted
unanimously to transmit the amendment to Medium Density
Residential to the Department of Community Affairs (DCA) as a
portion of Comprehensive Plan Amendment 94-2. At that meeting,
the Commission heard comments from area residents regarding the
potential density, and indicated their support for an RL zoning
designation as opposed to the requested RM.
PREVIOUS CITY COMMISSION CONSIDERATION:
The Commission first considered the annexation and initial
zoning at its meeting of August 16, 1994. At that meeting, the
Commission again heard comments from area residents regarding
the potential density. The Commission raised concerns regarding
the City's policies for annexations west of Military Trail.
There was a concern that the annexation was occurring in a
"piecemeal" fashion. Direction was given to discuss the future
of the reserve annexation at a workshop session. In the
meantime the Commission voted unanimously to table the proposed
annexation and initial zoning.
The Commission considered the existing policies and
alternatives regarding the reserve annexation area at its
Workshop Meeting of October 4, 1994. At the workshop the
Commission directed staff to proceed with the annexation of the
area west of Military Trail in a timely fashion. Regarding the
processing of vOluntary annexations such as Rockland Park, the
Commission directed that they are to be processed as received.
RECOMMENDED ACTION:
By motion, approve on first reading the annexation of an 11.63
acre portion of the Rockland Park Subdivision with an initial
zoning of RL (Multiple Family Residential - Low Density).
Attachment:
* P&Z Staff Report
"
"
PLANNING AN~ ZONING BOARr
CITY OF DELRAY BEACH --- STAFF REPORT ---
MEETING DATE: July 18, 1994
AGENDA ITEM: V.D.
ITEM: Annexation & Initial Zoning for Rockland Fark
GENERAL DATA:
Owners..........,........Andre Baldzana, Richard
Baldzana, Jessica Olmstead,
Phil Polizotto, and Marie
Salanitri
Contract Purchaser...,...Jeffrey Kukes
Location.................Approximately 2800 feet north
of Atlantic Avenue, on the
west side of Military Trail.
Property Size............ll,63 Acres
City Advisory Land Use
Map Designation..........Medium Density Residential
County Land Use Map
Designation..............LR-3 (Residential with a
maximum density of 3
units/acre)
Current County Zoning....AR (Agricultural .
Residential) - PBC HIGHPCllHT WEST
Proposed City Zoning.....RM (Multiple Family
Residential - Medium
Density) SPDIŒ
Adjacent Zoning.,.North: Aft PRŒ'ERTY
East: SAD (Special Activities
District), aM
South: RS (Single Family -
Residential) - PBC -
West: RS ~
Existing Land Us.........Vacant
Development Proposal.....Annexation of the parcel øl':-<r;j..
~ttP;~.j!
with initial zoning
designation of aM.
Water Service............Existing 12" water main
along the east side of
Military Trail with stub
outs to Conklin Drive and
McGovern Drive.
Sewer Service............Nearest City sewer service
is an existing city lift
station at the northwest
corner of Military Trail and
Conklin Drive, approximately
300 feet to the north.
V.D.
"
-
I T E M B E FOR E THE BOA R D:- ----
The action before the Board is making a recommendation to the
city Commission on a voluntary annexation (pursuant to Florida
statute 171.044) with initial City zoning of RM (Multiple Family
Residential - Medium Density).
Pursuant to Section 2.2.2(E) (6), the Local Planning Agency
(Planning and Zoning Board) shall review and make a
recommendation to the city Commission with respect to all
annexations and rezonings.
The subject property is:
The south 420.01 feet of the south 1/2 of the NE 1/4 of the
NE 1/4 of Section 14, Township 46 south, Range 42 east,
less the Military Trail right-of-way;
A/K/A Lots 1-26 (less the easterly 34.02 feet SR 809 ROW),
Block 3 and Lots 14-26 (less the easterly 34.02 feet SR 809
ROW) , Block 2 Rockland Park, as recorded in the Public
Records Of Palm Beach County, Plat Book 24, Page 23;
a vacant parcel located on the west side of Military Trail,
approximately 2,800 feet north of Atlantic Avenue. The property
is currently under the jurisdiction of Palm Beach County.
B A C K G R 0 U N D:
The site is an 11.63 acre undeveloped portion of the Rockland
Park subdivision (total acreage 20.8) . It is located in
unincorporated Palm Beach County, within the City's designated
planning and service area.
In 1989, this property was given an advisory FLUM designation of
Medium Density Residential. It is designated on the County's
Future Land Use Map (FLUM) as LR-3 (Low Density Residential - 3
units per acre). The appl icant has applied for annexation of
the parcel into the city with an initial zoning of RM (Multiple
Family Residential - Medium Density) . An application for a
Future Land Use Map amendment from the current county
designation of LR-3 (Low Residential - 3 units per acre) to the
City's Medium Density Residential designation is being processed
simultaneously.
ANN E X A T ION A N A L Y S I S:
Florida Statutes Governing Annexation:
Pursuant to Florida Statute 171.044 "the owner or owners of real
property in an inc~rporated area of a county which is contiguous
·'
P & Z Staff Repc
Rockland Park - Annexation and Initial Zoning'
Page 2
to a municipality and reasonably compact-~may - peti tion the
governing body of said municipality that said property be
annexed into the municipality." Pursuant to F. S . 171.044 land
shall not be annexed through voluntary annexation when such
annexation results in the creation of enclaves.
The subject property is contiguous to the City, reasonably
compact, and the proposed annexation will not create any
enclaves. The owner of the subject parcel has petitioned
for annexation.
Consistency Between City and County Designations:
The current Palm Beach County Future Land Use Map Designation
for the property is LR-3 (Low Residential - 3 units per acre).
The current City advisory Future Land Use Map designation is
Medium Density Residential (5-12 units per acre) . The City's
designation will allow a higher density of residential
development. The proposed FLUM amendment will be discussed in a
separate report. Based on the findings contained in that
report, the City's FLUM designation will become effective upon
annexation and approval of Plan Amendment 94-2.
Consistency with Adjacent Future Land Use Map Designations and
Land Uses:
The subject parcel is bordered on the north by an existing
single family development (the remainder of Rockland Park) which
is designated as LR-3 (Low Residential - 3 units per acre) on
the County's FLUM. To the south and west of the parcel is an
existing multi-family development designated (HR-8 High
Residential 8 units per acre) on the County's FLUM. All of
these parcels have been assigned a City advisory FLUM
designation of Medium Density Residential (5-12 units per acre).
To the east of the property and across Military Trail is an
existing multi-family development (High Point) which is
designated as Medium Density Residential and an existing
commercial development (the Extra Closet) designated as
Transitional on the City's FLUM.
Given the parcel's location adjacent to primarily residential
development at densities consistent with the city's Medium
Density Residential designation, this designation is appropriate
for the subject parcel.
Consistency with the City's Comprehensive Plan:
Designated Annexation Area: The requested annexation is
consistent with Policy B-3.4, of the Future Land Use Element of
which calls for the annexation of eligible properties. The
property is shown within the "designated annexation area" # 5,
west of Military Tr~ll.
.
.'
-
P & Z Staff Repe ~
Rockland Park - Annexation and Initial Zoning
Page 3
Provision of Serv ices: ~When--annexation of property occurs,
services are to be provided in a manner which is consistent with
those provided to similar properties already in the city (Future
Land Use Policy B-3.1). The following is a discussion of
provided services and potential provision levels.
This analysis will serve as the Urban Services Report for the
proposed annexation, as required by Florida Statute 171.042
Traffic:
The current proposal is to annex the property and apply the FLUM
and zoning designations which are consistent with the City's
advisory designation that has been in place since 1989. On that
basis, there is no traffic impact associated with the
annexation, FLUM amendment, and initial zoning. Technically,
however, there is a difference between the traffic generated by
development under the City's designation as compared to that
which could occur under the County LR-3 designation.
The applicant has submitted a traffic study for the proposed
amendment. This analysis is based on the figures included in
that study.
The number of trips which could be generated by the development
of the parcel under the County's FLUM designation is 348:
11.6 acres * 3 units/acre = 34.8 units
34.8 units * 10 ADT/unit = 348 ADT.
The maximum potential for traffic generation under the City's
designation is 973 ADT.
11.61 acres * 12 units/acre = 139.32 units
ADT = 139.32 units * 7 ADT/unit
ADT = 975
As indicated by the study, there is a potential net increase for
the site of 627 ADT. The traffic information submitted with the
current application addresses only the directly accessed link of
Military Trail, which has adequate capacity to serve any added
trips. Thus, a positive finding can be made with regard to the
FLUM amendment and initial zoning.
Per Palm Beach County Unified Land Development Code Section
7.9(I)(D)(2)(E), projects which generate 501-1000 ADT require
the submission of a full traffic study addressing the impact of
the development on all roadway links within a maximum radius 1
mile from the site at the time of Site and Development Plan
submittal. That study must address a roadway link beyond a 0.5
mile distance only if that link will receive trips from the
project in excess of 1\ of the affected roadway's LOS "D"
volume.
.,
-,
P & Z Staff Repc
Rockland Park - Annexation and Initial Zoniny
Page 4
Palm Beach--- Coun t y 199T traffic counts indicate that Lake Ida
Road between Barwick Road and Congress Avenue, Atlantic Avenue
west of Military Trail and Military Trail south of Atlantic
Avenue all exceed the maximum permissible trips to meet Level of
Service liD. II No widening of these links is proposed at this
time. These links are all within the 1 mile radius of maximum
influence, but more than 0.5 mile from the subject property. In
order for a positive finding of concurrency to be made at the
time of site and development plan submittal, the submitted
traffic study must demonstrate that the impact of the project
will be less than 1% of LOS liD" volume for these links.
Water:
Water is available to the site via an existing 12" water main
located on the east side of Military Trail. There are existing
road crossings stubbed out to the McGovern Lane right-of-way
(unimproved) an to Conklin Drive. The size of those stubs has
not been verified at this time. Verification will be required
at the time of development, as well as upgrades if the stubs are
smaller than the minimum 6" diameter. A looped 8" system for
the site and fire flow calculations will also be required at
that time.
Sewer:
An existing lift station is located on the west side of Military
Trail, north of Conklin Drive. This lift station may have
enough capacity to service future development of the site with
multiple family residential at a density of 6-12 units per acre.
If not, upgrading of the lift station may be required.
Drainage:
The site is currently vacant and therefore not subject to
drainage requirements. Submission of drainage plans meeting
City, South Florida Water Management District, and Lake Worth
Drainage District requirements will be required with the site
and development plan.
Fire/EMS:
The subject parcel is currently serviced by Palm Beach County
fire station '42, located on Hagan Ranch Road, approximately 3.2
miles away. Average response time from the station is 5
minutes, 30 seconds at 35 MPH.
Upon annexation service will be provided by Delray Beach fire
station 14, located at the northeast corner of Barwick Road and
Lake Ida Road. The station is approximately 0.9 mile from the
site for a response time of 1 minute, 54 seconds at 35 MPH.
The fire departmen~ has reviewed the annexation petition and
indicated that service can be provided to the subject property
~
j,
P & Z Staff Repc \
Rockland Park - Annexation and Initial Zoniny
Page 5
WltJ1~rnstallation of necessary on-site improvements (hydrants,
roads meeting minimum design standards, etc. ) concurrent with
the development.
Police:
The subject parcel is currently serviced by Palm Beach County
Sheriff's Office, located at 345 S. Congress Avenue, which
serves the south County area. The property lies within the
Sheriff's office patrol zone 4. Zone four consists of an area
bounded by El Clair Ranch Road on the west, the Atlantic Ocean
on the east, Boynton Beach Boulevard on the north, and Atlantic
Avenue on the south. This area is patrolled by one officer per
shift. Additional response can be summoned from "cover cars"
which roam between zones in numbers which vary according to
availability.
The proposed annexation will not require additional manpower or
expansion of patrol areas as the site is located between areas
currently serviced by the Delray Beach Police Department.
Response times are currently 4 minutes for emergency calls and 6
minutes for non-emergency calls. These times represent an
improvement over the probable response times from the Sheriff's
Office and will not be increased by the annexation.
Solid Waste:
The property, if developed under County Jurisdiction, would
receive solid waste pick-up from County Sanitation. The City is
currently under contract with Waste Management, Inc. for
pick-up. The property would receive trash removal twice weekly,
plus recycling pick-up one a week from either provider. The
rate charged for service would increase from $129 per unit
annually to $172.76
In the preparation of the Delray Beach Comprehensive Plan, an
assessment of level of service and the provision of services
with regard to Solid Waste was undertaken. Thus, the act of
officially annexing the property and adopting the City's
advisory FLUM designation has no impact on Solid Waste Disposal
concurrency.
Parks:
As the property is currently vacant, no demand for parks is
generated by the property, upon annexation. Potential impacts
from the development of this property according to the proposed
FLUM were considered during the preparation of the City's
Comprehensive Plan. At that time the City determined that
existing parks, along with programmed improvements, were
sufficient to meet desired LOS for future development according
to the FLUM.
At the time of building permit issuance, parks and recreation
impact fees in the amount of $500 per unit will be assessed.
..
t,
P & Z Staff Repc t
Rockland Park - Almexation and Ini tial Zonin~'
Page 6
Fiscal Impacts:
Impact on the Annexed Property: In the 1993 tax year the
property owners paid ad valorem taxes based on an assessed value
of $339,850. With the change from County jurisdiction to City,
the following rates will be affected:
Ad Valorem Taxes Millaqe With Annexation
Fire Rescue/MSTU -2.6201 Deleted
Library -0.3915 Deleted
City of Delray Beach +6.8600 Added
City of Delray Beach Debt +1.1400 Added
+4.9884 Difference *
* Total millage is 20.0772 in the County and 25.0656 in
the City
The increase in property taxes will be from approximately $6,824
to $8,519, an increase of approximately $1,695.
Additional charges, such as utility taxes, franchise fees,
stormwater assessments, etc. will be assessed once the property
is developed.
Impact on the City Revenues/Expenses: At the 1993 City millage
rate of 6.86 mills and debt service millage of 1.14 mills the
property will generate revenues of approximately $2,719 in
yearly ad valorem taxes. As the site is vacant, no additional
charges will be assessed by the City.
While the City will realize little additional revenue from the
annexation, no additional costs will be generated by the vacant
parcel.
However, when the parcel is developed with multiple family
housing, significant revenues for the City will be generated.
Ad valorem tax revenues will increase proportionally to the
increase in the property's value with development. Additional
revenue to the City will be gained through collection of
stormwater assessments, landlord permit fees, utility taxes and
franchise fees.
Development of the parcel has the potential to add up to
approximately 302 people to the population of the City, based on
a maximum unit count of 139 and the City average of 2.17
residents per unit. The State disburses revenue from cigarette
taxes, state sales tax, State revenue sharing funds, etc. In
1993, these per capita reimbursements amounted to approximately
$90.38 per resident. Thus the City would gain up to $27,294.76
annually from per capita reimbursements when the parcel is
developed.
.
.,
P & Z Staff Repc ..
Rockland Park - Annexation and Initial Zoniny
Page 7
Z 0 N I N G A N A L Y S I S:
REQUIRED FINDINGS:
Future Land Use Map: The use or structures must be allowed in
the zoning district and the zoning district must be consistent
with the land use designation.
Pursuant to Land Development Regulations Section 3.1.1 (A) all
land uses and structures must be allowed in the zoning district
and the zoning district must be consistent with the land use
designation. There are no structures currently existing on the
parcel. A zoning designation of RM (Multiple Family Residential
- Medium Density) will be assigned to the parcel upon
annexation. The proposed zoning is consistent with the proposed
Future Land Use Map designation of Medium Density Residential,
which is being processed as a separate application.
Concurrency: Facilities which are provided by, or through, the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities shall
be provided pursuant to levels of service established within the
Comprehensive Plan.
The subject parcel is currently vacant. The maximum development
potential according to the current FLUM is 39 single family
dwelling units. The proposed FLUM designation and zoning would
permi t a maximum of 139 multiple family dwelling units. As
described above, little demand for service capacity will be
generated immediately upon annexation and application of initial
zoning.
However, the potential for future service demands will be
increased by this action. Although positive findings can be
made at this time, reevaluation of concurrency requirements will
be necessary with the site and development plan for the
property.
Consistency: Compliance with the performance standards set
forth in Article 3.3.2 (Zoning), along with the required
findings of 2.4.5, shall be the basis upon which a finding of
overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in
the making of a finding of overall consistency.
Section 3.3.2 (Standards for Rezoning Actions): The applicable
performance standards of Section 3.3.2 and other policies which
apply are as follows:
A) That rezoning to other than CF within stable residential
areas shall be denied. (Housing Element A-2.4)
As the current proposal is initial zoning of the parcel to
a designation consistent with the City's Future Land Map
designation, this standard is not applicable.
"
-
P & Z Staff Repe ,
Rockland Park - Annexation and Initial Zonin~
Page 8
D) That the rezoning shall result in allowing land UElés-whlch-
are deemed compatible with adjacent and nearby land uses
both existing and proposed; or that if an incompatibility
may occur, that sufficient regulations exist to properly
mitigate adverse impacts from the new use.
The subject property is adjacent to land zoned AR
(Agricultural Residential) and RS (Single Family
Residential) in Palm Beach County, as well as SAD (Special
Activities District) and RM (Multiple Family Residential -
Medium Density) in the City. The surrounding land uses are
single family and multiple family residences, a self
storage facility, a post office, and various commercial
uses. Multiple family development in this location will be
compatible with surrounding properties.
Section 2.4.5(D)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(D)(l) (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.
As the petition is an initial zoning designation to a property
being annexed, this section does not apply.
A review of the goals, objectives and policies of the adopted
Comprehensive Plan was conducted and the following additional
Goals, Objectives, and policies relevant to this action were
found.
Conservation Element Policy B-2.1:
The submission of a biological survey and a habitat analysis
shall accompany land use requests for plan amendments,
rezonings, and site plan approval.
Conservation Element Policy B-2.2:
Whenever and wherever significant or sensitive flora and fauna
communities are identified pursuant to Policy B-2.1, they shall
be preserved as if they were environmentally sensitive areas as
identified in Objective a-I.
Conservation Element Policy B-2.5:
Whenever new development is proposed along a waterway, a canal,
an environmentally sensitive area, or an area identified
pursuant to Policy B-2.l, an area equivalent to at least 10% of
the total area of the development shall be set aside in an
undisturbed state or 25% of the native communities shall be
retained pursuant to TCRPC Policy 10.2.2.2.
.'
P & Z Staff Repc
Rockland Park - Annexation and Initial Zoniny
Page 9
Al though no biological surveyor habftãt-'-.eÜfarysIs-nas been
submitted at this time, native habitat in the form of Slash
Pine and Saw Palmetto has been noted on the site.
Submission of the biological survey and habitat analysis
will be required with the site and development plan.
Provision to preserve native communities according to the
above' Policies will be required as a part of the site and
development plan.
Future Land Use Element Policy B-3.3a:
This policy requires consistency between County and City FLUM
designations within the Delray Beach Planning and Service Area.
The proposed FLUM amendment, along with a County FLUM amendment
being processed concurrently for the property achieves the
required consistency.
LDR Compliance:
As this is a vacant property and no development is proposed with
this annexation and initial zoning action, review of the site
with regard to current development standards is not applicable.
REVIEW BY OTHERS:
The proposed Annexation and initial zoning is not in a
geographic area requiring review by either the HPB (Historic
Preservation Board), DDA (Downtown Development Authority) or the
CRA (Community Redevelopment Agency).
On June 29, Notice of the proposed annexation was sent to the
Palm Beach County Planning Division. To date no formal response
has been received.
Neighborhood Notice:
Formal public notice has been provided to property owners within
a 500' radius of the subject property. A special certified
notice has been sent to the property owner of record.
Courtesy notices have been sent to the following individuals and
groups who have requested notification of petitions in that
area:
* Helen Coopersmith
Progressive Residents of Delray
* Jack Kellerman
High Point
* Art Jackel
United Property Owners
..
·
...-
P & Z Staff Repc ,
Rockland Park - Annexation and Initial Zoniny
Page 10
Letters of objection, if any, wIlT - Dé - presented at the P & Z
Board meeting.
ASS E SSM E N T AND CON C L U S ION S:
Annexation of this property and with an initial City zoning
designation of RM is consistent with the City's program for
annexation of territory in its Planning and Service Area. The
annexation is also consistent with the requirements of State
statute 171.044, regulating voluntary annexations.
The annexation will provide the property with Police, Fire, EMS
and other required services at a level equal to that of other
properties in the City with response times superior to those
currently provided by the County.
The property will experience an increase in taxes of
approximately $1,695 annually.
The City will receive additional revenue from property taxes of
approximately $2,719 a year, with a potential for significantly
increased revenue with the development of the property. The
City will not have an increase in expenses at this time.
Regarding the initial zoning, the proposed RM zoning is
appropriate for the location and consistent with the City's
current Medium Density Residential Future Land Use Map
designation. A FLUM amendment from the County LR-3 designation
to Medium Density is being processed concurrently, as a portion
of Comprehensive Plan Amendment 94-2. All required positive
findings can be made.
ALTERNATIVE ACTIONS:
A. Continue with direction.
B. Recommend approval of the proposed Annexation with
initial zoning of RM (Multiple Family Residential -
Medium Density) based on positive findings with
respect to Sections 3.3.1, 3.3.2, and 2.4.5(D)(I) and
the Comprehensive Plan, as well as the following
findings:
That the property is contiguous, reasonably
compact and does not create an enclave; and
That services will be provided to the property in
a manner similar to other similar properties
within the City.
C. Recommend denial of the proposed annexation and
initial zoning of RM (Multiple Family Residential -
~
P & Z Staff Repo
Rockland Park - h.lnexation and Initial Zonin':t
Page 11
Medrum-Denslty) , based on a failure to make positive
findings.
S T A F F R E COM MEN D A T ION:
By Motion:
Recommend to the City Commission approval of an Annexation
request with initial zoning of RM (Multiple Family
Residential - Medium Density) for:
The south 420.01 feet of the south 1/2 of the NE 1/4
of the NE 1/4 of Section 14, Township 46 south, Range
42 east, less the Military Trail right-of-way;
A/K/A Lots 1-26 (less the easterly 34.02 feet SR 809
ROW), Block 3 and Lots 14-26 (less the easterly 34.02
feet SR 809 ROW), Block 2 Rockland Park, as recorded
in the Public Records Of Palm Beach County, Plat Book
24, Page 23;
based on positive findings with respect to Sections 3.3.1,
3.3.2, and 2.4.5(D}(1} and the Comprehensive Plan, as well
as the following findings:
That the property is contiguous, reasonably
compact and does not create an enclave; and
That services will be provided to the property in
a manner similar to other similar properties
within the City.
Attachments:
* Location Map
Report prepared by :
Reviewed by PD on :
ø
'I,
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ffI11
SUBJECT: -
' , ':è'::;:' ,; ,." "¡"., . ,,"!' " : ~ 'ètlìY<¡d"'~"'"
DATE: DECEMBER 2, 1994
This is second reading and public hearing' for Ordinance No. 62-94
which annexes a 16.15 acre parcel of land known as the Lee
property 1 and establishes initial zoning of R-1-A (Single Family
Residential) District. The subject property is located north of
Atlantic Avenue on the west side of Gallagher Road, west of and
adjacent to Kingsland Pines subdivision.
The associated Future Land Use Map (FLUM) amendment to change the
land use designation from County MR-5 (Medium Density Residential)
to City Low Density is a part of Comprehensive Plan Amendment 94-2
to be enacted upon adoption of Ordinance No. 94-94.
The Planning and Zoning Board formally reviewed this matter at
public hearing on July 201 1994, and voted unanimously to recommend
that the annexation, FLUM amendment and initial zoning be approved.
At first reading on August 16, 1994, the City Commission voted
unanimously to pass Ordinance No. 62-94. At both meetings, there
were some objections from neighboring property owners related to
the proposed development of the site as an adult day care center
for Alzheimer patients. Both the Planning and Zoning Board and the
Commission acknowledged these concerns as valid with respect to the
future conditional use request. However, they were not relevant to
the annexation, land use amendment or zoning issues.
Recommend approval of Ordinance No. 62-94 on second and final
reading.
p~ 5-0
ref:agmemo16
'.'
ORDINANCE NO. 62-94
I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
,
I DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
i
i BEACH, A PARCEL OF LAND KNOWN AS THE LEE PROPERTY,
¡ LOCATED WEST OF AND ADJACENT TO KINGSLAND PINES
i SUBDIVISION ON THE WEST SIDE OF GALLAGHER ROAD, AS
!
II MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS
:: CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY;
II
/i REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE
SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS
II OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO
R-l-A (SINGLE FAMILY RESIDENTIAL) DISTRICT; PROVIDING
II A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
I Lee is the fee-simple owner of a parcel of
I WHEREAS, Saten K.
land as more particularly described herein; and
d
II WHEREAS, Roger G. Saberson, as duly authorized agent for the
fee-simple owner as hereinabove named, has requested by petition to
have the subject property annexed into the municipal limits of the
I City of Delray Beach; and
J
I WHEREAS, the subject property hereinafter described is
I
i contiguous to the corporate limits of the City of Delray Beach,
\
i Florida; and
I WHEREAS, the designation of a zoning classification is part
i of the annexation proceeding, and provisions of Land Development
, Regulations Chapter Two have been followed in establishing the
i
! proposed zoning designation; and
" WHEREAS, the City of Delray Beach has heretofore been
Ii authorized to annex lands in accordance with Section 171.044 of the
I,
II Florida Statutes.
II NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
II ,
,
II CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: I
i
!
Section 1. That the City Commission of the City of Delray I
Beach, Palm Beach County, Florida, hereby annexes to said City the I
following described land located in Palm Beach County, Florida, which
lies contiguous to said City to-wit:
,
I
i
II
,"
'..
The South Three Quarters (S 3/4) of the East Half (E
1/2) of the Southwest Quarter (SW 1/4) of the
11 Northwest Quarter (NW 1/4) of Section 13, Township 46
South, Range 42 East, Delray Beach, Palm Beach
I
II County, Florida.
,I
I' The subject property is located west of and adjacent
Ii
"
!I to Kingsland Pines Subdivision on the west side of
II
Gallagher Road; containing 16.15 acres, more or less.
'i
II Section 2. That the boundaries of the City of Delray Beach,
!I
I Florida, are hereby redefined to include therein the above-described
parcel and said land is hereby declared to be within the corporate
limits of the City of Delray Beach, Florida.
Section 3. That Chapter Two of the Land Development
, Regulations has been followed in the establishment of a zoning
classification in this ordinance and the parcel hereinabove described
is hereby declared to be in Zoning District R-1-A (Single Family
II Residential) as defined by existing ordinances of the City of Delray
Beach.
Section 4, That the land hereinabove described shall
¡I immediately become subject to all of the franchises, privileges, I
Ii immunities, debts, obligations, liabilities, ordinances and laws to
which lands in the City of Delray Beach are now or may be subjected,
II including the Stormwater Management Assessment levied by the City
pursuant to its ordinances and as required by Florida Statutes Chapter
ii
¡' 197, and persons residing thereon shall be deemed citizens of the City
,I
II of Delray Beach, Florida.
II Section 5. That this annexation of the subject property,
I,
II including adjacent roads, alleys, or the like, if any, shall not be
Ii deemed acceptance by the City of any maintenance responsibility for
!\ such roads, alleys, or the like, unless otherwise specifically
" initiated by the City pursuant to current requirements and conditions,
¡,
il
Section 6. That all ordinances parts of ordinances in
i or
conflict herewith be, and the same are hereby repealed.
Section 7. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
- 2 - Ord. No. 62-94
II I
¡
~
"'
Section 8. That this ordinance shall become effective as
follows: As to annexation, immediately upon passage on second and
final reading¡ as to zoning, immediately upon adoption on second and
final reading of Ordinance No. 94-94, under which an official land use
designation of Low Density is affixed to the subject property
hereinabove described.
PASSED AND ADOPTED in regular session on second and final
reading on this the 6th day of December , 1994.
¡ ~~
ATTEST:
o ¡lNrn'I!ÄP, kl/fF lire»¡
City C erk
First Reading August 16, 1994
I Second Reading December 6, 1994
I
I
I
I
I
I
II
II
I
I
- 3 - Ord. No. 62-94
~
i i v tJ ~~
c
r I ' ~ ~ I
I ~ " N,., JIIU . ""'--' ...
JIID Sf, 21 ~ ~
N. ..
,\ N... JIIU Sl.
, a
IRJ1 :1 «
Ii 0
0:::, II tt:
1 i&
ORl~ -- - .-.-- ....-----
I I I I
iliAD'/' a.vo. ,
~ DIII'4_ i peC i eff\CE. , ~ II i I
,;;,.--
- CITY ....1'1 - .-J I ,
L....-. __~~-=~ I
HIGHPOINT WEST 1.wIE1T ST. --=
ILII --
i
I ' I
I ""'...--- ~- f1WIŒS ¡.,
SPENCE I ~ !
II I / u
PROPERTY >-' -
0::: £UWOOD OIl ~
c( ! 1 tt:
I- -<
FIWIWOOD ,--CD
-I UI
- I I I I I I I 1
:E t'uu -,\,,\ - ---------- .-
- 01'1' UWI'I - " I I I I I \ ,\ ,\ ,\ I I
,.- -
....-< ~ ;::;:¡:;: V f::::l---
\)~..y.. ~~ ~ ~ ....
\y-J>.-< ~ sa'\) Þ' ¡.... L--t::::
\)~ ~\..J>.c; v vt;;:. I:::: ~ :=:t::::
~'f..~ t:::~ ;::;: ~ ;::;:[:::
~~ ¡.... ::::~ ;::;: ~ Vv
I I ::;;::;: t::::v
!-~ ¡.... ~ Vv
j - ::;...... ::: f
... ::::~ ~
I ~
! r- ~
!~ r- ---".., .... ;::;:
I I ....v :;; ......
I ' ~...... ::::~ ~
I : ;::: ;::;: ;::;
- ....¡....-- ...... ;.....
, ....
I ! !
ATLANTIC AVENUE
aTY ....111 - J
"-- t= -
-
"-- - '---
E -I I '--
1=1 I -
, t--
r- ~
N
LEE ANNEXATION
PLANNI>IC D£PART\IÐI1
CITY t1F DfUtA Y 1l£ACH, n.
-- OIClr,U BASe IIAP S\'S1ÐI -- "
~
,.
(Y(
[~ 1
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
THRU:
ZONING
FROM:
SUBJECT: MEETING OF AUGUST 16, 1994
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance annexing and
applying an initial zoning designation of R-1A for the Lee
property.
The subject property is approximately 16 acres and located
along Gallager Drive, north of Atlantic Avenue and west of
Barwick Road.
BACKGROUND:
The parcel is within the City's planning area, which corresponds
with the future annexation and utility service areas. This
requested annexation is consistent with Policy B-3.4, of the
City's Future Land Use Element which calls for the annexation of
eligible properties. The property is shown within the
"designated annexation area" #4, east of Military Trail, north
and south of Atlantic Avenue.
The property is developed with a single family home, two small
horse stables and a mobile home. It has been utilized for many
years as a horse farm with a portion devoted to a citrus grove.
Access to the site is limited to the residential streets to the
east of the site within the Franwood or Kingsland Pines
subdivisions. These subdivisions are currently in
unincorporated Palm Beach County.
Accompanying the Annexation and initial zoning request is a
Future Land Use Map change from County MR-5 (Medium Density
Residential) to City Low Density. The amendment was reviewed by
City Commission on August 2, 1994 and transmitted to DCA. If the
annexation and initial zoning are approved on first reading the
second reading would not occur until City Commission considers
the Future Land Use Map amendment (94-2) sometime in December,
1994.
'.
After annexation the applicant will seek a Conditional Use
approval to establish an Adult Day Care Facility for Alzheimer
patients.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at a
public hearing on July 20, 1994. The Annexation and initial
zoning to R-1A was considered concurrently with a FLUM amendment
from MR-5 (County) to Low Density (City).
At the public hearing five members of the public from the
adjacent neighborhood and the property to the north (Rossacker
property) spoke in opposition. The opposition was based on
several factors including concerns over increase in traffic
intensity, site access, implications with respect to potential
annexations of adjacent properties and a decrease in property
values. These concerns and comments related to potential
future development of the site as a adult day care center.
After discussion the Planning and Zoning Board acknowledged that
while these concerns may be relevant to the future Conditional
Use request they are not relevant to the annexation, FLUM
amendment or the initial zoning currently before the Board.
The Board unanimously recommended approval of the annexation,
FLUM and initial zoning request on a 7-0 vote.
RECOMMENDED ACTION:
By motion, approve on first reading the annexation and initial
zoning of R-1A for the Lee property.
Attachment:
* Planning and Zoning staff report
* Location Map
* Ordinance by others
t:lee
"
· -
, PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT ---
MEETING DATE: July 13, 1994
AGENDA ITEM: V.E.
ITEM: Annexation & Initial Zoning for the Lee Property.
GENERAL DATA:
Owner....................Satten K. Lee
Applicant................william Plum
Agent....................Roger G. Sabers on
Location.................We.t of and adjacent to
Kingsland Pine. .ubdivi.ion.
Property Size............16.1' Acre..
County Land U.e Plan.....MR-' Mediua Re.idential
(5 unit./acre)
propoeed City Land Uee
Plan Desiqnation.........Low Density Residential
(0-' unit./acre)
Current County Zoning....AR (Agricultural
Residential)
Proposed City Zoning.....R-I-A (Single Family
Residential)
Adjacent Zoning...Morth: AI
Baat: as (Single '&aily
Reaidential) - PBC
South: PC (Planned Commercial)
Weat: AR and A (Agricultural)
Bxi.tIng Land U..........lxi.ting .ingl. family
re.idence and associated
agricultural building..
Propoaal.................Ann.xation of the parc.l
with initial zoning
designation of R-1-A.
Water Servic.............Rear.st City water .ervice
i. via a 8" water main
.erving Trail's Bnd Plaza.
Sewer Service............A .eþtic system exist.
on-sit.. Nearest City
sewer service is via a 8"
sewer main serving Trail'.
End Plaza.
'"
I T E M B E FOR E THE S 0 A R D:
The item before the Board is that of making a recommendation on
a voluntary annexation (pursuant to Florida Statue 171.044) with
initial City zoning of R-1A (Single Family).
LDR Sections 2.4.5(C) , (D) provide the rules and procedures for
the processing of this petition.
The subject property is 16.15 acres and located on the west side
of Gallager Road, located north of Atlantic Avenue and west of
Barwick Road.
SAC K G R 0 U N D:
The subject parcel is within the City's future annexation area·
and City's utility service area. The city has placed advisory
Land Use designations on County parcels with the planning and
utility service area. Prior to 1989 this parcel was given an
ART (Agricultural Residential Transitional) advisory land use
designation. In 1989, with the adoption of the new Future Land
Use Map the parcel was given a Low Density ( 0-5 units per acre)
designation. The applicant is now seeking annexation into the
City, a land use change from the County designation MR-5 to the
City's advisory designation LD (Low Density) and an initial
zoning designation of R-1-A.
PROJECT DES C RIP '1' I 0 K:
The Future Land Use Map (FLUM) designation and the annexation/
initial zoning items are being processed separately. This
report deals only with the subject of annexation and initial
City zoning.
The 16.15 acre site currently has four structures on it, a
single family home, two stables and a mobile home.
The applicant wishes to annex into the City and seek an R-1-A
zoning designation. At a later time the applicant intends to
seek a conditional use approval to establish a adult day care
for Alzheimer patients.
ANNEXATION A N A L Y S I S:
Florida Statute. GoverninQ Annexation.:
Pursuant to Florida Statue 171.044 "the owner or owners of real
property in an incorporated area of a county which is contiguous
to a municipality and reasonably compact may petition the
governing body of said municipality that said property be
annexed to the municipality". Pursuant to F. S. 171.044 (5)
"land shall not be annexed through voluntary annexation when
such annexation results in the creation of Enclaves".
'I'
P&Z staff Report
Annexation & Initial Zoning Lee Property
Page 2
* The owner of the subject property has petitioned for a
voluntary annexation.
* The property is contiguous with the City, reasonably
compact, and its annexation will not create an enclave.
The parcel is contiguous via the a single family parcel to
the west immediately behind the Trails End Plaza, and via
the shopping plaza at the northeast corner of the Military
Trail and Atlantic Avenue.
An "Enclave" is defined by Florida Statute 171.031 as:
Any unincorporated improved or developed area that is
enclosed within and bounded by a single municipality
and a natural or man made obstacle that allows the
passage of vehicular traffic to that unincorporated
area only through the municipality."
Vehicular access to the subject property is not available
from the west, where established commercial uses and single
family homes exist. Therefore the subject property and all
the unincorporated County parcels east of the subject
property are by definition an existing enclave.
Annexation of the subject property will result in a
reduction of this existing enclave.
The City's current Future Land Use Map designation for the
parcel is "Low Density 0-5 units per acre" , while the County
Land Use Designation is "MR-5 - Mediu. Residential 5 units per
acre" . The applicant is seeking a change from the County MR-5
designation to the City Low Density 0-5 units per acre. The
subject of the designation on the Future Land Use Map is
addressed in a separate report.
The City's FLUM designation will become effective upon
annexation and completion of City Plan Amendment 94-2.
Consistency With the City's Comprehensive Plana
Designated Annexation Area: This requested annexation is
consistent with Policy 8-3.4, of the City's Future Land Use
Element which calls for the annexation of eligible properties.
The property is shown wi thin the "designated annexation area"
#4, east of Military Trail, north and south of Atlantic Avenue.
Provision of Services: When annexation of property occurs,
services are to be provided in a manner which is consistent with
services provided to other similar properties already in the
City (Future Land Use Policy 8-3.1). The following is a
discussion of required services and potential provision levels.
,"
P&Z Staff Report
Annexation & Initial Zoning Lee Property
Page 3
police: This property is currently serviced by the Palm Beach
county Sheriff's Office, located at 345 South congress, which
serves the South County area. The property lies within Sheriff
patrol zone 4. Zone 4 is bordered by EI Clair Ranch Road on the
west, the Atlantic Ocean on the east, Boynton Beach on the
north, and Atlantic Avenue to the south. One officer is
assigned to a particular zone during a shift (three shifts per
day) . Additional response can be mustered from "Cover Cars"
which roam throughout zones randomly, depending on their
availability in South County during that time.
The City of Delray Beach's Police Department has more manpower
to respond in this area; as a consequence, significantly
improved response time should be realized. Annexation will not
require additional manpower, as the police currently patrol the
surrounding areas within the City boundaries.
Fire and Emergency Service.: The annexation of this property
will not require additional manpower. The municipal area is
served by Fire Station No. 4 (Barwick & Lake Ida Roads).
With annexation, the property will receive an improvement in
response time from the current 6 minutes of the County Fire
Department (Indian Springs/Military Trail & Woolbright Road) to
approximately 2.5 minutes for the City's Fire Department (Fire
Station No.4 at Barwick and Lake Ida Roads).
Water: Municipal water service does not currently exist to the
site. Water mains exist to the east (12" main in Barwick Road)
and to the west (in the Trails End Plaza). Future development
of the property will require extension of the water main
(minimum 8") from Barwick Road to the site. Looping of the
mains for system integrity north or to the southwest to existing
mains in Barrett Street or the Trails End Plaza may be required
to accommodate on-site development. Fire hydrants placed a
maximum spacing of 500' apart will be reqùired along the new
main.
Sewer: The existing single family use utilizes a septic field.
The nearest sewer to the site is located in Barwick Road and
Franwood Drive. Development of the site will require
construction of a sewer main west from Barwick Road to the site.
Streets and Traffic: The property has access via existing 20'
wide neighborhood streets within 60' rights-of-way. The impact
of traffic for any non residential use on the street system is a
concern. The applicant has submitted a traffic study addressing
the traffic under the current Agricultural county zoning
district, development under R-lA zoning (approx. 5 units per
acre) and under the proposed use of adult care facility.
Under the existing Agricultural zoning designation the site is
expected to generate approximately 40 daily trips. Development
as a single family subdivision would generate approximately
800 daily trips. The applicant has also provided traffic
generation numbers (171 daily trips) for the adult day care use
which will be applied for at a later time. No negative impacts
are noted at this time.
,"
'n
.
P&Z staff Report
Annexation & Initial Zoning Lee Property
Page 4
Per Palm Beach County Unified Land Development Code Section
7.9(I)(D)(2)(E), projects which generate between 500 and 1000
ADT require submittal of a full traffic study addressing the
impact of development on all roadway links wi thin a maximum
radius of one mile from the site. Development of single family
homes would require a study addressing the above radii while
'development of an adult day care center at the proposed scale
would not. Under either development scenario a finding of
traffic concurrency can be made on the effected roadways.
Parks: The current use of the property as a single family unit
creates little demand on parks. If the property is developed as
single family homes the potential 80 new homes would impact the
park system. However, this impact was factored in and,
accommodated when the advisory land use designations of Low
Density was applied to the property during the Comprehensive
plan adoption process.
Future development of the parcel with residential units will
require compliance with the City's regulations for payment of an
in-lieu parks fee. Currently that fee is established at $500
per residential unit. [Ref: LDR Section 5.3.2.(C)(1)]
Solid Waste: As there is no change in actual land use and there
is no change in destination landfill, there is no impact on
solid waste disposal. The provider of the service will remain
the same, as described later in this report.
Fiscal Impacts.
Affect upon the annexed property: For the 1993 tax year the Lee
property had an assessed value of $642,591. An Agricultural
exemption has been granted for the property of $450,000, along
with a homestead exemption of $25,000. After the above
exemptions the current taxable value of the property is
$167,591.
With the change from County to City jurisdiction, the following
taxes and rates will be affected:
Ad Valorem Taxes Millaqe With Annexation
Fire/Rescue MSTU 2.6201 Deleted (County)
Library .3915 Deleted (County)
City Of Delray Beach 6.8600 Added (City)
City of Delray Beach Debt 1.1400 Added (City)
---------
4.9884 Difference.
· Total tax millage in the County is 20.0772 mills while in
the City the ~otal millage rate 1s 25.0656 mills.
Y<
P&Z staff Report
Annexation & Initial Zoning Lee Property
Page 5
The Lee property will have an increase in taxes from
approximately $3,364.75 to $4,200 a year (an increase of
approximately $835.25). This will increase to $4,827.41
(increase of $1,462.66) upon removal of the homestead exeaption
and $16,106.93 (increase of $12,742.18) upon removal of the
agricultural exemption. However, the proposed Adult Day Care
facility will be administered by the Malta Senior Center Inc.
which is affiliated with the Catholic Church and will carry a
Tax Exempt status.
In addition to property taxes, the following Non Ad Valorem
fiscal impositions apply.
Delray Beach Storm Water Utility - This equates to $27.00 a
year based upon the combined impervious area for the existing
single family structure and horse stables. This assessment will
increase with future development based on the percentage of
impervious area of the buildings and parking areas. A 25'
discount from the assessment is available as the site is within
the Lake Worth Drainage District and an additional 25' discount
may be available if on site drainage retention is provided.
Solid Walt. Authority - The Military Trail area is currently
serviced by County Sanitation, which is under a five year
contract that runs from October 1, 1993 through September 30,
1998. The City's contract is currently through waste
Management, Inc. Pursuant to Florida Statute 171.062 (4)(a) "if
a party has an exclusive franchise which is in effect for at
least six months prior to the initiation of an annexation, the
franchisee may continue to provide such services to the annexed
area for five years or the remainder of the franchise term
whichever is shorter". As the annexation was not initiated
within the six month time period, the waste service provider
will not change with the annexation.
Occupational Licence r... -
Upon annexation the existing single family/farm use and
potential single family residential units will not require
occupational licences. If the proposed conditional use approval
is granted occupational fees will be required based upon the
type ot uses.
Water/Sewer Rat.. - The Lee property is not currently served by
municipal water. Typically, properties not located within the
City that receive City water and sewer service are assessed an
Out-of-City surcharge. Under that scenario annexation of
properties receiving municipal water would see a 25' reduction
in sewer and water rates.
~
'"
P&Z Staff Report
Annexation & Initial Zoning Lee Property
Page 6
Resulting Impacts to Property Owners:
SUMMARY OF IMPACT ON THE LEE PROPERTY
FINANCIAL CONSIDERATIONS:
AD VALOREM TAXES
(Change from 93/94 county of 20.0772
to City 93/94 rate 25.0656 mills.(4.9884) $1,462.66
without homestead with agricultural exemp
NON AD VALOREM +$ 27.00
Stormwater Assessment
Solid Waste Collection NA
WATER , SEWER UTILITY FEES $ .00
Does not receive city water or sewer
OCCUPATIONAL LICENSB FEES NA
ANNUAL FINANCIAL IMPACT: +, 1,489.66
NA - Data not available
Effect Upon City Revenues/Expenses: At the 1993 City millage
rate of 6.86 mills and debt rate of 1.14 mills, the Lee property
will provide $1,149.67 and $191. 05 respectively in new Ad
Valorem taxes to the City per year. This is a total property
tax increase of $1 , 340 . 72 a year. Without homestead exemption
the property would provide $1321.17 and $219.55 (total of
$1540.72) and without the agricultural exemption would provide
$4,408.17 and $732.55 (total of $5,140.72) additional taxes per
year. With development as an Adult Day Care center under Malta
Senior Center Inc. the City would receive no tax revenue from
this property.
Additional revenues will be realized through the annual
collection of the stormwater assessment fee ($27.00 currently)
as well any occupational license fees, utility taxes (8.5'
electric, 7' telephone) and franchise fees on electric,
telephone, and cable with future development.
The current single family home will generate approximately
$180.60 in per capita reimbursements. With future development
of the site as an adult day care use no per capita
reimbursements will be realized. However, if the site were to
be developed with 80 single family homes a per capita
reimbursement of approximately $90.28 per person or $17,631.68 a
year (2.17 persons X 80 - 195* $90.28= $17,631.68). The major
sources of per capita revenue are sales tax, cigarette tax and
state revenue sharing.
While the City will not receive any substantial revenue from
this annex::l~to"1, it will not incur significant demand for the
provision of services.
'H
P&Z staff Report
Annexation & Initial Zoning Lee Property
Page 7
TABLE D
COMBINED FINANCIAL IMPLICATIONS TO THE CITY
GENERAL FUND
AD VALOREM TAXES +$ 1,540.72
PER CAP REIMBURSEMENTS: $180.60
UTILITY TAXES:
Electric (1): + $78.00
Natural gas (2): .00
Phone (3): + $ 3.00
FRANCHISE FEES:
Electric (4): +$55.06
Phone (5): +$21. 00
Natural Gas (6): .00
Cable (7): .00
OCCUPATIONAL LICENCI FEI :
+$ .00
S'1'ORMWATIR ASSESSMENT UTILITY FUKD
ASSESSMENTS:
Stormwater Assessment +$ 27.00
SEWER AND WATER UTILITY PUMD
UTILITY SERVICE rEES:
Water Utilities .00
Sewer Utilities .00
ANNUAL TOTAL: +$ 1,905.38
NA - Data not available
(1) Electric Utility Tax based on 8.5' residential FPL
average annual bill $917.74
(2) Natural Gas Utility Tax based on 8.5 , of Gas bill
(3) Phone Utility Tax based on 7' of phone bills - based on
average residential bill $25.00 a mouth
(4) Electric Franchise fees based on 6' of FPL bills
(5) Phone Franchise fee based on l' of phone bill
(6) Natural Gas Franchise fees are based on 5' of gas bill
(7) Cable Franchise Fees are based on 3' of cable bill
'I'
-
P&Z Staff Report
Annexation & Initial Zoning Lee Property
Page 8
Z 0 N I N G A N A L Y S I S:
The proposed City zoning is flR-lAU Single Family Residential and
the current County zoning designation is AR (Agricultural
Residential).
The surrounding zoning designations are: County RS to the east,
City AR (Agricultural) and County RS to the west, City RM to the
north, and PC to the south. Upon annexation only the City
Zoning designation is applicable.
REQUIRED FIN DIN G SI (CHAPTER 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development application., certain finding. mu.t be
made in a form which i. part of the official record. Thi. 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 area.:
Future Land Use Map I The use or structures must be allowed in
the zoning district and the zoning district must be consistent
with the land use designation.
The proposed R-l-A zoning district is consistent with the
underlying Low Density advisory Land Use Map designation
and the Low Density Land Use designation being sought in
the related Land Use Map amendment request.
Adult Day Care facilities are allowed as a conditional use
within the R-I-A zoning district.
Concurrency I Facilities which are provided by, or through, the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. Thes. facilities shall
be provided pursuant to levels of service established within the
Comprehensive Plan.
The proposal involves the annexation of an existing single
family home and horse stables .At the time of annexation
there will be no change in the manner in which water,
sewer, drainage, and street/traffic services are provided.
Fire, Police, EMS, and Solid Waste services will shift to a
different provider; however, all these services will be
equal to or enhanced (see annexation analysis for details).
Compliance with Land Development Regulations.
The existing single family use is in compliance
(conforming) with the proposed zoning of R-I-A. The
agricultural components of the use i.e. horse stables would
become non conforming as they are more appropriately
located within the "Agricultural" zoning designation. Any
future modifications i.e. establishment of an Adult Day
Care facility will be required to comply with all Land
Development Regulations.
"
P&Z staff Report
Annexation & Initial Zoning Lee Property
Page 9
Consistency: Compliance with the performance standard. set
forth in Section 3.3.2 (Zoning) , along with the required
findings in Section 2.4.5, shall be the ba.i. upon which a
finding of overall consistency is to be made. other objective.
and policies found in the adopted Comprehensive Plan may be u.ed
in making of a finding of overall consi.tency. The applicable
performance standard. of Section 3.3.2 and other policies which
apply are as follows:
A) Performance Standard 3.3.2(A) states that a rezoning to
other than CF within stable residential area. shall be
denied.
This property is designated vacant residential on the
Residential Neighborhood Categorization Map. The
property to the east is noted as stable residential.
The application of a residential zoning designation on
this property is consistent with this performance
standard.
B) Performance Standard 3.3.2(D) states: That the rezone
shall result in allowing land use. which are deemed
compatible with adjacent and nearby land u.. both .xi.ting
and proposed) or that if an incompatibility may occur, that
suffici.nt regulation. exi.t to properly mitigate adver..
impacta from the new use.
The initial zoning designation will accommodate a
single family residential use as a permitted use. The
zoning district also allows certain uses including
Adult Day Care upon approval of a Conditional Use
request. The compatibility of the single family uses
with adjacent properties is clear while the
compatibility of any conditional use is more
appropriately addressed with the review of the actual
request.
pur.uant to Section 2.4.5(D)(1), a justification .tatement
providin9 the reason for which the change is being sought must
accompany all rezoning requests. The Code further identifies
certain valid reasons for approving the chang. being sought.
As this petition is an initial zoning designation to be
assigned to property being annexed and the zoning is
essentially the same as exists under current County
regulations, the above section does not apply.
REVIEW B Y o THE R S:
The annexation is. not in a geographic area requiring review by
either the HPB (Historic Preservation Board), DDA (Downtown
Developmenc. A\4thority), or the CRA (Community Redevelopment
Agency) .
"
\
P&Z staff Report
(, Annexation & Initial Zoning Lee Property
Page 10
On June 5, 1994 the Palm Beach County Planning Division was
notified of the City'S intent to annex this property. To date a
response has not been received.
Courtesy notices were sent to:
* Art Jackel (United Property Owners)
* Helen Coopersmith (PROD),
ASS E SSM E N T AND CON C L U S ION S:
Accommodating the annexation of the Lee property and affixing
ini tial City zoning of R-I-A "Single Family Residential" is
consistent with the City's program for annexation of territory
within its planning and service area. There appear to be no
adverse implications of this annexation and zoning
consideration. By accommodating the annexation at this point in
time, both the City and the property owner will be able to more
efficiently process any future development proposal.
A L T B R N A T I V B S:
A. Continue with direction.
B. Recommend approval of the annexation request with an
initial zoning designation of R-1-A (Single Family
Residential).
C. Recommend denial of the Annexation petition with reasons
stated i.e. a failure to make appropriate findings.
S TAr r R E COM MER D A T I 0 R:
By motion:
Recommend approval of the Annexation request with an
initial zoning designation of R-I-A (Single Family
Residential) based upon positive findings with respect to
Section 3.1.1, Section 3.3.2, Section 2.4.5 (D) ( 1) and
policies of the Comprehensive Plan and upon the following
findings:
That the property is contiguous, reasonably compact
and does not create an enclave.
That services will be provided to the property in a
manner similar to other similar properties within the
City.
Report prepared by: Paul Dorling, Principal Planner
-. ~--~
~
,
. .
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: ~G~~D~ ¡~~!:i i .'~'E.::- Iii: ~¡i -~,;;~ ,;.;;, ;;~~
~ _ _ __ .....-._, _ ',~ ,: Iff,' UB..,. _ ..__~~ "_~''':''A~'-I]..>t.n.._~_ .~; . .,,,,:-, --,
-_..-.................nT~f ,.¡J~~}'fln.... ""'. llImJ L~ lJl ....
DATE: DECEMBER 2, 1994
This is second reading and public hearing for Ordinance No. 94-94
which adopts Comprehensive Plan Amendment 94-2. The Plan Amendment
makes changes to three Comprehensive Plan elements, including eight
policies, one objective, and related background data. There are
also three amendments to the Future Land Use Map (FLUM) . The major
areas addressed by the amendment include:
* Post-disaster reconstruct~on
* A text change to redirect the scope of the Silver Terrace
Redevelopment Plan
* A land use change for the S.W. 10th Street Area from
Transitional to Commerce to allow light industrial
development (north side of S.W. 10th Street, east of
1-95)
* A land use change for Rockland Park Subdivision from
County LR-3 (Low Density Residential - 3 units per acre)
to City Medium Density Residential (5 to 12 units per
acre)
* A land use change for the Lee Property from County MR-S
(Medium Density Residential - 5 units per acre) to City
Low Density
The Planning and Zoning Board formally reviewed this item on
November 14, 1994, and voted unanimously to recommend that
Comprehensive Plan Amendment 94-2 be adopted. The finalized text
of the plan amendment is attached to the ordinance as Exhibit "A".
Recommend approval of Ordinance No. 94-94 on second and final
reading.
ref:agmem020 f{loo(&- -5-0
"
'.
.
Of(
f1-!
CITY COMMISSION DOCUMENTATION
TO: rden, City Manager
t' \
THRU: ez, W!)tor of Planning an~
FROM: John Walker, Project coordinat~ ¿¿¿
SUBJECT:
MEETING OF DECEMBER 6, 1994 :
ADOPTION OF PLAN AMENDMENT 94-2, PUBLIC HEARING
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
holding the required public hearing and adopting Plan
Amendment 94-2.
BACKGROUND:
First Reading of the adoption ordinance occurred November 15,
1994. At that time, complete background material and
documentation were provided along with an analysis.
Attached to this documentation is the adoption ordinance and its
exhibit. The exhibit contains only the specific changes to the
Comprehensive Plan. Changes are shown through underlining of
new material and strike through of material that is deleted.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of November 14, 1994. The Board unanimously recommended
that the City Commission accept the Response to ORC Report and
adopt Plan Amendment 94-2.
RECOMMENDED ACTION:
By Motion, after a public hearing, adopt Plan Amendment 94-2.
Attachment:
* Ordinance 94-94 with exhibit
T:\advanced\9420RCS
~
·
I
ORDINANCE NO. 94-94
j AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
!
DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN
¡ AMENDMENT 94-2 PURSUANT TO THE PROVISIONS OF THE
i
i "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND
, DEVELOPMENT REGULATION ACT" , FLORIDA STATUTES
!
i SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE¡ ALL AS
! MORE PARTICULARLY DESCRIBED IN EXHIBIT "All ENTITLED
ì "COMPREHENSIVE PLAN AMENDMENT 94-2" AND INCORPORATED
i
I HEREIN BY REFERENCE¡ PROVIDING A SAVING CLAUSE, A
ì GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
¡
I
! WHEREAS, the City of Delray Beach exercised the authority
I
I granted pursuant to the provisions of Florida Statutes Sections
I 163.3161 through 163.3243, known as the "Local Government
Comprehensive Planning and Land Development Regulation Act"¡ and
WHEREAS, via Ordinance No. 82-89, the City Commission
I adopted the document entitled "Comprehensive Plan Delray Beach,
-
Florida" ¡ and ,
I
ì
ì WHEREAS, the Planning and Zoning Board, as Local Planning
I
I Agency, did prepare an amendment to the Comprehensive Plan entitled
I "Comprehensive Plan Amendment 94-2"¡ and
j
;
i WHEREAS, the Planning and Zoning Board, as Local Planning
I
I Agency, following due public notice, held a public hearing on July 18,
I 1994, in accordance with the requirements of the "Local Government
. Comprehensive Planning and Land Development Regulation Act"¡ and
i
I
WHEREAS, after the above referenced public hearing, the
Planning and Zoning Board, as Local Planning Agency, recommended to
the City Commission that the proposed Comprehensive Plan Amendment
94-2 be transmitted¡ and
WHEREAS, proposed Comprehensive Plan Amendment 94-2 was
submitted to and reviewed by the City Commission¡ and
WHEREAS, following due public notice, the first of two
required public hearings on Comprehensive Plan Amendment 94-2 was held
by the City Commission on August 2, 1994, at which time it was
authorized to be transmitted to the Department of Community Affairs
for required review¡ and
I
I
I
I
II
Ii
1\
¡I
II
II
'.
.
I
I WHEREAS, a report of Objections, Recommendations and
I Comments (ORC) has been received from the State Department of
Ii Community Affairs and said report has been reviewed by the Planning
II
" and Zoning Board, as Local Planning Agency, and is the basis for
"
!!
II modifications to the proposed Comprehensive Plan Amendment 94-2; and
II
Ii WHEREAS, following due public notice, the second of two
I
Ii required public hearings on Comprehensive Plan Amendment 94-2 was held
II on December 6, 1994, in accordance with statutory requirements.
"
"
I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
I
II CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
!
, Section 1. That the City Commission of the City of Delray
Beach, Florida, hereby declares its intent to exercise the authority
I granted pursuant to the provisions of Florida Statutes Sections
163.3161 through 163.3243, inclusive, known as the "Local Government
Planning and Land Development Regulation Act".
Section 2. That in implementation of its declared intent as
set forth in Section 1 of this ordinance, there is hereby adopted the
document entitled II Comprehens i ve Plan Amendment 94-2", which is
attached hereto as Exhibit "A" and incorporated herein by reference.
I
i Section 3. That the document entitled "Comprehensive Plan -
I Delray Beach, Florida" is hereby amended pursuant to the document
I entitled "Comprehensive Plan Amendment 94-2".
I
I Section 4. That should any section or provision of this
I
i ordinance or any portion thereof, any paragraph, sentence or word be
I
i declared by a court of competent jurisdiction to be invalid, such
':
il decision shall not affect the validity of the remainder hereof as a
II whole or part thereof other than the part declared to be invalid.
Section 5. That all ordinances or parts of ordinances which
!1
'I are in conflict herewith are hereby repealed. !
il I
Section 6. That this ordinance shall become effective upon I
issuance of a final order determining the adopted amendment to be in
'I compliance in accordance with Florida Statutes Section 163.3184(9), by
II the State Department of Community Affairs, or until the Administration
II Commission issues a final order determining the adopted amendment to
be in compliance in accordance with Florida Statutes Section
I 163.3184(10).
I
I - 2 - Ord. No. 94-94
.
.
I
! PASSED AND ADOPTED in regular session on second and final
, reading on this the 6th day of December , 1994.
~~
. MA,~ÓR
ATTEST, ~
: £;~ '
I A.
I ct1ng City Clerk
i
First Reading November 15, 1994
I Second Reading December 6, 1994
I
,
i
i
ì
I
\
I
,
j
I
\
,
I,
Ii
)1 - 3 - Ord. No. 94-94
,
.
.
EXHIBIT "A" TO ORDINANCE NO. 94-94
COMPREHENSIVE PLAN AMENDMENT 94-2
OPEN SPACE AND RECREATION ELEMENT
1. Location: Pg. III-D-20, Policy B-2.3
Policy B-2.3 The Open Space (OS) and Open Space and
Recreation (OSR) Zone Districts of the Land
Development Regulations shall be applied to
"Recreation", "Open Space" and "Conservation" parcels.
Røttø¡(tløri¡(I t¡(tlIltløø øM¡(II ~ø ¡(ttøata'tød¡(tød 1Itridét
tMø eøata't1ltriltt l¡(tlIltløø (ell Zørié 0løttlttl The OS
Zone shall provide for distinct standards applicable
to open space lands and to conservation lands. (cl)
[LDR'S Section 4.4.22].
~
, .
.
,ar -
,-¡.:, ,.,:,. .~.~ )"
....; '", ""',~""" .'
.
.
COASTAL MANAGEMENT ELEMENT
1- Location: Pg. III-F-ll, last diamond
. Post disaster redevelopment is to replicate
existing land uses ( low intensity residential,
public access to beach) with the exception that
high-rise housing structures and resorts which
are currently nonconforming would not be able to
reestablish themselves. An exception to this
restriction exists for one year fOllowing
destruction of a residential, hotel, motel, or
resort dwellinq unit structure through disaster.
Structures may be rebuilt to pre-disaster
densities and heiqhts if an application for a
permit is submitted within one year of the
disaster. Iri t~át pøøtfi!føáøtét téi!éléløpa'térit
wfll kSé léøø fritériøé t~ári éJtføtfri; i!éléløpll\éritl
øServices and facilities are adequate to
accommodate the existing population. Also, since
the high vulnerability area is already in beach
use and 75% publicly owned, it is anticipated
that there will be little opportunity for public
acquisition or other corrective measures to be
implemented for mitigation and reduction of
hazards in future episodes. There are no
instances of repeated damages in coastal storms.
2. Location: Pg. III-F-24, Policy C-3.4
Policy C-3.4: Whenever a structure is damaged to an
extent of greater than 50% of its value, it shall not
be reconstructed unless such reconstruction complies
with the rêquirements of the zoning district which
applied to the property and with the policies of the
Coastal Management Element of the Comprehensive PlanL
except as provided in Policy C-3.7. (c6)
3. Location: Pg. III-F-25, Policy C-3.6
POlicy C-3.6: Development in the Coastal Zone shall
be subject to the same findings of concurrency as is
required for other development in the Ci ty and shall
additionally include a finding that such development
is consistent with the densities proposed by thee
Future Land Use Element, except as provided in Policy
C-3.7, and is consistent with coastal resource
protection and safe evacuation programs. (c12)
Page 2
.
.
4. Location: Pg. III-F-25, Policy C-3.7 (NEW)
Policy C-3.7: Whenever a residential, hotel, motel,
or resort dwellinq unit structure is destroyed to an
extent of qreater than 50% of its value by disaster,
the structure may be rebuilt to pre-disaster densities
and heiqhts if permit applications are submitted
within one year followinq the disaster. Current fire
and buildinq codes shall be met ; current parkinq and
landscape requirements shall be complied with as
closely as possible. For purposes of this policy,
disaster means any non-self imposed catastrophic
damaqe includinq, but not limited to, fire, flood and
storm.
5. Location: Pg. III-F-27, Policy C-7.1
Policy C-7.1: The highest priority for shoreline use
in the City of Delray Beach shall be for beach
purposes which shall include recreation and
conservation. There shall be no commercial
development nor water-dependent development (except
the beach) or water-related uses along the shoreline
which abuts the beach. Residential development shall
not exceed a height greater than 48' , except as
provided in policy C-3. 7 , from the elevation of the
crown of Highway A-I-A and shall be constructed in
accordance with the City's Coastal Protection
Ordinance. (c8) [LDR Section 4.5.5(D)]
6. Location: Pg. III-F-29, Policy D-3.2
POlicy D-3.2: The long range redevelopment portion
shall provide for land use and character of
development which presently exists except that the
height of reconstructed buildings shall be limited to
the then current height regulations of the CitYL
except as provided in Policy C-3.7.
7. Location: Pg. III-F-29, Policy D-3.4
Policy D-3. 4: Whenever a structure is damaged to an
extent of greater than 50% of its value, it shall not
be reconstructed unless such reconstruction complies
with the requirements of the zoning district which
applied to the property, except as provided in Policy
C-3.7, and with the policies of the Coastal Management
Element of the Comprehensive Plan. (c6)
Page 3
.
.
FUTURE LAND USE ELEMENT
1. Location: Pg. III-G-30, Policy C-2.7
Policy C-2.7 The following pertains to the
redevelopment of the Silver Terrace Area:
This area involves the old Silver Terrace Subdivision
which is zoned RM and contains some mixed use but is
primarily single family. It also involves the
adjacent land use of the Floranda Mobile Home Park
which is a well maintained land use but which may, in
the future, be inappropriate for its location along
Federal Highway adjacent to a regional shopping mall.
Redevelopment of this area should complement the
natural scrub habitat to the north which should be
preserved to the greatest extent possible. WKllé a'uzSltt
ánt tø~éttlál ~lté l~ álløwá~lé' tKé f~t~té ~lté øf tKé
-ptø-péttt l~ a\ø~t á-p-ptø-ptláté føt á Y~élttlnátlønY ~lté
l/é/ á ~~é tø wKltK á -pétltøn wlll ttálél/ TKélté ~ltélt
lntl~~é Kl@tKlt ~-pétláll:té~ ¢ø~ét¢lál áttllltlélt án~
téttéátløn/ Mé~l~a\ tø Ml@tK 0énltltt téltl~éntlál ~lté lit
ál~ø á-p-ptø-ptláté føt tKllt Itlté/ TKé In¢éntllélt
-ptøll~é~ ~n~ét tKé l.át@té S¢álé Mlté~ 1ðlté ~éltl@tnátløn
¢ø~l~ ~é á-p-pllé~ tø tKllt té~élélø-pa\ént átéá/
TKé -ptøllltløn øf néw wátét án~ Itéwét a\álnlt tø tKllt
átéá ~Kø~l~ áwált ¢øa\-plétløn øf ltlt té~élélø-pa\ént
-plán/
TKllt té~élélø-pa\ént -plán ItKáll ~é -pté-páté~ In ,y Ø2/Ø~
án~ ~Káll ~é á~ø-pté~ ált á lø¢ál -plán áa\énda\ént/
Data and analysis pertaining to a redevelopment plan
for this area have been completed. While not
conclusive, the results indicate that the most
appropriate course of action for this area is to
provide for a "pocket CRA" or its annexation into the
CRA boundaries, and completion of a redevelopment
plan which provides for the following:
* Aggregation of the properties to allow for a
-
unified development that is a minimum of 10 acres
in size. While the most desirable plan would
include both the Silver Terrace subdivision and
the mobile home park, it is understood that the
cost of relocating mobile home residents may make
its inclusion infeasible.
* A mix of residential and nonresidential uses,
-
provided however, that the nonresidential uses
are of a type and scale that will primarily serve
residents of the redevelopment area; and that
Page 4
.
.
such uses do not comprise more than 15% of the
total land area.
* Residential densities of up to 25 dwelling units
-
per acre; subiect to the provision of adequate
open space, common areas and recreational
amenities; and the appropriate spacinq and
massinq of structures.
* The lead agency for completion and implementation
- of the plan rests with the City.
* Upon completion of the redevelopment plan,
- rezoninq of the property to SAD (Special
Activities District).
In order to ensure the financial feasibility of the
redevelopment plan, the City may contribute fundinq to
the extent permitted by law, and in a manner that is
consistent with the goals, objectives, and policies of
the Comprehensive Plan.
This redevelopment plan shall be completed in FY
94/95.
Should the Redevelopment Plan for the area not be
substantially in process by October, 1995, the City
shall proceed to install programmed infrastructure.
2. Location: Pg. III-G-34, Objective C-5
Objective C-5:
The relationship between coastal area population and
measures for evacuation in the event of a hurricane
shall be enhanced through the requirement that
redevelopment of existing properties in the coastal
zone shall be consistent with the Future Land Use Map
as opposed to reconstruction to current intensitiesL
except as provided in Coastal Management Policy C-3.7.
(b5)
3. Location: Pg. III-G-41, second item
COMMUNITY FACILITY LAND USES: This designation is
applied to current and future school sites; to current
and future sites for public buildings; and to current
and future sites for public facilities e.g the
wastewater treatment plant and well field protection
zone #I. It is also applied to single function
(purpose) buildings which have been constructed for
community related purposes (e.g. churches) and which
are not commercial in nature. However, not all
Page 5
.
.
community facilities are required to be shown under
this designation. Small sites are not shown nor are
the locations of governmental services (e.g. H.R.S. )
which lease common office space, nor are churches
¢øri~té~átløriø \fM.I¢M. c4ø riøt M.á~é á ølri~Zé ~øt~øøé
~øIZc4lri~ tM.át lø riøt ZIXéZf tø ~é té~Zá¢éc4 lri tM.é Zøri~
téta\ that do not include substantial accessory use
such as educational facilities.
4. Location: Pg. III-G-43, Table L-6
TABLE L-6 Land Use Designation/Zoning Matrix, is
revised to reflect the new Open Space and Recreation
(OSR) zoning District.
Page 6
.
.
TABLE L-6 LAND USE DESIGNATION/ZONING MATRIX
~
tI) ><
o
..
S K )( )( )( )( )( >OOO( ~
e )(
~><)()()()()()()()( )( )()(I
oJ
)( I
~ ~ !
,
~ )()( !
~ )()()( :J)()( 1
; )()()( -)( ! f 1
~ '.
; )()()( i)( I I I
i )( )()( I. 1
· r = J
~ ."", 2 "" I I II
~ """ ~ "" I I 'I
; . t- .. f!J I.
~ )()()( GI:)()( ~ ];) ..It
tIC ~ ,
! """ e ~" JJI.lf
E · ~ .':llall
" i ! """ ~ ~" HIPhJ1
'5 i a: ~ flJlllf
- ~ ) ! ) i
! ~! J " " " ~.~" " II ] IIII
e ~ a: ~ !, JIJ f
~ ~ =""~ ; ~" JiHi.l.
~ ~ ~~M"" """" """ i g" ffll!fJJI
I 11 till
~ ~$ ~ - fOI .~ e - '"' ,I JI I'
~ ~ ~;; ~ ~~.J < · ~ ~1.lt I
::J - 3 :r~!:&; ~~ ~ :;~::::&; .1~'11"
~ o~ ~~ ~ Sffi~~ ~ª; ~~ ~ S~~~ I !J.II'
~ aew .. -~~t:- ¡:!3~ ae:¡; L -)(;¡;~ t.....
j GI:!;..:8! ~Zo~:I!3~ 111~t:...;e:r:r ;OZ~2S;¡; i~lrlr~1
. ~ ~, < ..: ... ~ I:ì C :I ?- '" < .J - II: 0 ::E i 5 11
~ . ~~~ð~3~~~~~g~ . 5~~~8~t;~~~gB~ ~i '(Ii.. 'r·
...) ~:rE~- ffi ~VI:I::: ffi:rE~ GI: 1IC~i1):r~ wi J
s 02~~a§:r~~~' :r5~~ 02"'â:r~§~~~:r6~W II l~,l~
~ ~ß~:r~Q:r~ :r~·ß ~ß :rffio:r~z:r~~g ~g ~~~~
~ 9:r~8~æ8~ 8J§ae 9:r 8~æ8~88J6; r~r:~tr'
jágé 7
.
AMENDMENTS TO THE FUTURE LAND USE MAP
1. An amendment on 11. 63 acres from County land use
designation LR-3 (low density residential, 3 units per
acre) to City land use designation Medium Density
Residential (5-12 units per acre) in connection with an
annexation. The current City advisory designation is
Medium Density Residential.
See Support Document # 4 (Rockland Subdivision) for a complete
description of this item.
2. An amendment on 6.72 acres from Transitional to Commerce to
allow a future zoning potential of Light Industrial (LI) .
See Support Document # 5 (S.W. 10th st. Area) for a complete
description of this item.
3. An amendment on 16.15 acres from County land use
designation MR-5 (medium density residential, 5 units per
acre) to City land use designation Low Density Residential
(0-5 units per acre) in connection with an annexation.
Current City advisory designation is Low Density
Residential.
See Support Document # 6 (Lee Property) for a complete
discussion of this item.
Y:\Doc\Amd94-2
Page 8
.
.
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: ~~...n.
DATE: DECEMBER 2, 1994
This is second reading and public hearing for Ordinance No. 63-94
which rezones 9.25 acres of land from RM (Medium Density
Residential) District to LI (Light Industrial) District. The
subject property is located on the north side of S.W. 10th Street,
between S.W. 13th Avenue and S.W, 15th Avenue.
The purpose of this City-initiated rezoning is to bring the zoning
into conformance with the land use designation of Commerce which
was affixed by the passage of Ordinance No. 94-94 (Comprehensive
Plan Amendment 94-2) on second and final reading.
The Planning and Zoning Board formally reviewed this item on July
18, 1994, and voted unanimously to recommend approval. At first
reading on August 16, 1994, the Commission passed the ordinance by
unanimous vote.
Recommend approval of Ordinance No. 63-94 on second and final
reading.
~ ,5-0
ref:agmemo17
.
.
.
ORDINANCE NO. 63-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
I
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
I PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL)
I
I DISTRICT IN THE LI (LIGHT INDUSTRIAL) DISTRICT; SAID
i
,I LAND BEING LOCATED ON THE NORTH SIDE OF S.W. 10TH
\ STREET, BETWEEN S.W. 13TH AVENUE AND S.W. 15TH
1 AVENUE; AND AMENDING "ZONING MAP OF DELRAY BEACH,
!
il FLORIDA, 199411 ; PROVIDING A GENERAL REPEALER CLAUSE,
A SAVING CLAUSE, AND AN EFFECTIVE DATE.
il WHEREAS, the property hereinafter described is shown on the
11
'. Zoning District Map of the City of Delray Beach, Florida, dated April,
)1
i 1994, as being zoned RM (Medium Density Residential) District; and
WHEREAS, at its meeting of July 18, 1994, the Planning and I
Zoning Board for the City of Delray Beach, as Local Planning Agency,
reviewed this item and voted unanimously to recommend approval of the
rezoning, based upon positive findings; and
ì WHEREAS, it is appropriate that the Zoning District Map of
i
! the City of Delray Beach, Florida, dated April, 1994, be amended to
,I reflect the revised zoning classification.
! NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
¡
;1 CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
II Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
:1 amended to reflect a zoning classification of LI (Light Industrial)
\ District for the following described property:
I
, That part of the West 265.32 feet of the North 554.77
II feet of a Subdivision of Section 20, Township 46
I
South, Range 43 East, as recorded in Plat Book 1, I
I
Page 4, of the Public Records of Palm Beach County, !
I
, Florida, lying East of Delray Beach Heights Extension I
I
i
I Replat of Sections A and B as recorded in Plat Book
28 at Page 68 and North of S.W. 8th Street, of Lot 19 I
in OR2224, Page 1651 as recorded in the Public I
Records of Palm Beach County, Florida;
TOGETHER WITH Lots 1 through 6, inclusive, Block 3,
and Lots 1 through 16, inclusive, Block 4, and Lot 1
and Lot 14, Block 6, Replat of Delray Beach Heights
Extension Sections A and B as recorded in Plat Book
28, Page 171, of the Public Records of Palm Beach
County, Florida;
I
j
:\ I
.
.
I TOGETHER WITH All of the Plat of King Industrial Park
I as recorded in Plat Book 67, Page 137, of the Public
Records of Palm Beach County, Florida.
I The subject property is located on the north side of
I S.W. 10th Street, between S.W. 13th Avenue and S.W.
I 15th Avenue; containing 9.25 acres, more or less.
I
i
I Section 2. That the Planning Director of said City shall,
I
I upon the effective date of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
! Section 1 hereof.
i
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
I Section 4. 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
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 6th day of December , 1994.
Ø?~..
MAY
ATTEST:
o /1 Mn'f!Jîß)f1~f5ì /I() ïfy
City C erk
First Reading August 16, 1994
Second Reading December 6, 1994
- 2 - Ord. No. 63-94
I
I
.
.
fL'~ lIt :¡ 1 .-, L -. , £ -.- ~
'"" _" -.- , L -. ,!/ r I II Tì '\II m
" IT r-
OF 0z '\ ~ J ~ I R....A) ~ l1li1:
\/'- - ---< ~ '\ - -
-
r- I
_ .t~ I --=_~IllI
I - f- ~ OF _ "'"'1 ~
-ç- u... a
~ ,,\ l() "-. ~
~I '\ , 0> - I
" \ 'MIC J.
~ ) A D II~
= W 0
=w ~s CF I
~ ~ (f) ~
'-: a:: I AM OF
~ > w - I
- ~
~ ~ z '
A- 7
"'n --
== _ IT 111>-- V\.
,,.... _ ! - ~ ., 1
=- _ POD I: - = I nT,
I ==1= - ~1oC -- lI'
I --< _ ~ ~ '- H.." II I
[JJ ---:-, 4 IT
CJJ ~ U - s.w. 1 -' ~ IT IT
~... PC II ~ -V J=~-r[ II1II ~
F!JL
1- .....
J I n- --
- .~ -- pJ~-'
\ ~ ~
I T I I JY r--.
I I ~ ~' IT
II I f5:J IIIC ,'/ =.J T All I ~
lm/'C ~9 r
IITI~ ~ ',--,POC r:~~
II' ~~ I'" rmr -. ~ ~
II I ~ I 7, E,ç "
~r H 4- CD Ff/ l~-'~
., n JII ~ ~ II~~~
t--f J ,¿/\ fo.... x ....~
~,~~
N
PLN_CHIØ'MT\IÐIT REZONING
cnY (If DWIA., lEACH, f\.
-- DIŒTAl auE IMP S!'S7ÐI --
.
.
{)I(
t'Þ'ì
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T~ HA~Y MANAGER
~ ~YÞ
THRU: D DOMINGU, DIR TOR
DEPARTMENT OF PLANNI ZONING
0
FROM: A. COSTELLO
PLANNER
SUBJECT: MEETING OF AUGUST 16, 1994
FIRST READING OF ORDINANCE NO. 63-94 - CITY INITIATED
REZONING FROM RM (MEDIUM DENSITY RESIDENTIAL) TO LI
(LIGHT INDUSTRIAL) FOR PROPERTIES GENERALLY LOCATED ON
THE NORTH SIDE OF S.W. 10TH STREET, BETWEEN S.W. 13TH
AVENUE AND S. W. 15TH AVENUE (10TH STREET INDUSTRIAL
AREA) .
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance rezoning 9.25
acres of land from RM to LI. The purpose of the City
initiated rezoning is to apply the zoning classification
which is consistent with the proposed Commerce and existing
Industrial land use map designations. The land use map
amendment from Transitional to Commerce (industrial) is
being considered in conjunction with Comprehensive Plan
Amendment 94-2.
The affected properties are generally located on the north
side of S.W. 10th Street, between S.W. 13th Avenue and S.W.
15th Avenue and contains approximately 9.25 acres.
BACKGROUND:
The properties currently have a Land Use Map designation of
Transitional in part, and Industrial, in part, with a zoning
designation of RM (Medium Density Residential) . The rezoning
from RM to LI (Light Industrial) is being processed in
conjunction with a future land use map amendment from
Transitional to Commerce (industrial) in order to create
consistency between the zoning and land use designations.
Included with this rezoning is King Industrial Park, which is
located between S.W. 13th and 14th Avenues. The King property
currently has an Industrial land use designation and is zoned
RM, thus there is ~nconsistency between the two designations.
The proposed rezoning to LI would create consistency between the
zoning and land use designations.
.
.
City Commission Documentation
Meeting of August 16, 1994
First Reading of Ordinance 63-94 - Rezoning Property From RM to
LI (S.W. 10th Street Industrial Area)
Page 2
At its meeting of July 18, 1994, the Planning and Zoning Board
held a public hearing in conjunction with review of the land use
map amendment from Transitional to Commerce and rezoning from RM
(Medium Density Residential) to LI (Light Industrial). Public
testimony was taken from two (2 ) residents of S.W. 11th Terrace
who were opposed to the changes. One of the residents presented
a petition containing 50 signatures of area residents who were
opposed to increasing the potential for industrial uses adjacent
to the residential neighborhood. After some discussion, the
Board voted (7-0) to recommend approval of the land use map
amendment and rezoning, excluding the easternmost block (between
S.W. 12th Avenue and S.W. 13th Avenue, known as the
Franz/Delk/Kinnaird property (3.08 acres) . The basis for
excluding this property from the amendment was to allow for a
greater buffer between the residents and the industrially zoned
land.
At its meeting On August 2, 1994, the City Commission
transmitted Comprehensive Plan Amendment 94-2 to the Department
of Community Affairs, which included a future land use map
amendment from Transitional to Commerce as recommended by the
Planning and Zoning Board. The land use plan amendment did not
include King Marble as it contains an Industrial land use map
designation.
While the first reading of this petition can occur immediately,
the second reading and adoption cannot take place until the FLUM
amendment has been reviewed by the State Department of Community
Affairs. A complete analysis of the rezoning is found in the
attached Planning and Zoning Board Staff Report.
RECOMMENDED ACTION:
By motion, approve Ordinance No. 63-94 on First Reading.
Attachment:
* Location/Zoning Map
* P&Z Board Staff Report & Documentation of July 18, 1994
* Copy of Ordinance 63-94
VICCRELI.DOC
.
.
.
PLANNING & ZONING BOARD
t CITY OF DELRA Y BEACH STAFF REPORT ---
---
MEETING DATE: July 18, 1994
AGENDA ITEM: v.c.
ITEM: Rezonin8 from RM (Medium Density Residential) to LI (Light Industrial)
for the Industrial Area 3t S.W. 10th Street between S.W. 12th Avenue
& S.W. 15th Avenue.
It)
I Q)
I .L
I
I
GENERAL DATA:
Property Own.r...........Fred , F.lici. T.nti~nico'
H.rbert R. R..v..,
Henry ColOllbl,
Marjori. D. St.ph.na,
CKE properti.., Inc.,
Tho... R. King, Sr., and,
N. Frana, J.G. Delk, s...
Kinnaird, , LHC Group.
Applicant................David T. Hard.n, City Manag.r
City of Delr.y Be.ch
Loc.tion.................North .id. of S... 10th Str..t, betwe.n
S.W. 12th Av.nu. and S... 15th Av.nu..
Property 5i........,.....12.33 Acr..
City Land U.. Map
De.ignation............,.Co...rc. (Proposed with CPA 94-2) ,
Indu.tri.l
Existing City Zoning.....RM (Mediua Den.ity R..id.ntial)
Proposed City Zoning...,.LI (Light Industrial)
Adjacent Zoning...Northz RM , CF (C~nity Faciliti.s)
Ea.t: RM
Southz I (Industrial)
W..t: I
Existing Land U..........Th. property contains. 4,800 sq. ft.
industrial building, 2 dupl.x.s, a
10,800 .q.ft. industri.l building (King
Marbl.), 3 City wat.r w.lls and vacant
land.
Wat.r' S.wer S.rvic...,.Av.il.bl. via .xisting ..in. located
within .dj.c.nt .tr..t..
V.C.
.
.
I T E M B E FOR E THE BOARD:
The item before the Board is that of making a
recommendation to the City Commission on a City
initiated rezoning from RM (Medium Density
Residential) to LI (Light Industrial), pursuant to
Section 2.4.5(E).
The affected properties are generally located on the
north side of S.W. 10th Street, between S.W. 12th
Avenue and S.W. 15th Avenue, and contains
approximately 12.33 acres.
Pursuant to Section 2.2.2(E), the Local Planning
Agency (P , Z Board) shall review and make a
recommendation to the City Commission with respect to
rezoning of any property within the City.
PRO J E C T DES C RIP T ION:
The affected properties are located on the north side of s.w.
10th Street, between S.W. 12th Avenue and S.W. 15th Avenue. The
land under consideration is comprised of approximately 12.33
acres under 7 ownerships consisting of the following (east to
west) :
* FDK Plat (itA Light Industrial Development for
Franz/Delk/Kinnaird) which is currently vacant land;
· Plat of King Industrial Park which contains an existing
10,800 sq. ft. light industrial building (lUng Marble) with
future building expansion of 4,500 sq. ft. and vacant land;
· Lots 1 and 14, Block 6, Replat of Delray Beach Heights
Extension, Sections A , B, containing two duplexes;
· Block 4, Replat of Delray Beach Heights Extension, Sections
A , B, which is currently vacant and contains two (2) City
wells; and,
· Block 3, Replat of Delray Beach Heights Extension, Section
A'S, and that portion of property lying east of Block 3
and west of Auburn Avenue/S.W. 14th Avenue. The property
is mostly vacant with a 4,800 sq. ft. industrial building
and one (1) City well.
The above properties excluding Block 3 have been identified in
the Community Redevelopment Agency's Plan as a portion of
sub-area #8 which the CRA recommends revert back to industrial.
The industrial portion of sub-area .8 is bounded by S. W . 10th
Street on the south, S. W. 8th Street on the north, S.W. 12th
Avenue on the east and S.W. 15th Avenue on the west. Block 3
was not included in the CRA Plan however it was part of the area
which was removed from the industrial zoning and land use
classifications, and has been identified in recent land use
actions as a property that should be considered with any future
land use or zoning. actions.
.
.
I
P & Z Board Staff Report
. Rezoning from RM to LI - S.W. 10th Street Industrial Area
Page 2
B A C X G R 0 U N D:
(For a complete history, please refer to the Future Land Use Map
Amendment Staff Report)
Z 0 N I N G A N A L Y S IS:
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must be
made in a form which is part of the official record. This may
be achieved through information on the application, the Staff
Report, or Minutes. Findings shall be made by the body which
has the authority to approve or deny the development
application. These findings relate to the Future Land Use Map,
Compatibility, Concurrency, Comprehensive Plan Consistency, and
Compliance with the Land Development Regulations (LDRs).
With the action on the land use map amendment for these
properties, positive findings were made with respect to
Concurrency and Comprehensive Plan Consistency. Compliance with
respect to the Future Land Use Map, and Compliance with Land
Development Regulations (Standards for Rezoning Actions,
Rezoning Findings) are discussed below.
Future Land Use Map: Pursuant to Land Development Regulations
Section 3.1.1(A) (Future Land Use Map), all land uses and
resulting structures must be allowed in the zoning district
within which the land is situated and, said zoning must be
consistent with the land use designation as shown on the Future
Land Use Map.
The affected properties have a Land Use Map designation of
Transitional, in part, and Industrial, in part (King Industrial
Park), with a zoning designation of RM (Medium Density
Residential). The rezoning from RM to LI (Light Industrial) is
being processed in conjunction with a future land use map
amendment from Transitional to Commerce (industrial) in order to
create consistency between the land use and zoning designations.
Also, the King Industrial Park, which is located between S. W.
13th and 14th Avenues, currently has an Industrial land use
designation and is zoned RM, thus there is an inconsistency
between the two designations. The proposed rezoning to LI would
create consistency between the zoning and land use designations.
Section 3.3.2 (Standards for Rezoninq Actions): The applicable
performance standards of Section 3.3.2 and other policies which
apply are as follows:
A) That a rezoning to other than CF within a stable
residential area be denied. (Housing Element A-2.4)
The affected. properties are not located within a stable
residp.r~iAl area, thus this Standard is not applicable.
.
P & Z Board Staff Report
Rezoning from RM to LI - S.W. 10th Street Industrial Area
Page 3
D) That the rezoning shall result in allowing land use. which
are deemed compatible with adjacent and nearby land u.e.
both existing and proposed; or that if an incompatibility
may occur, that sufficient regulations exist to property
mitigate adverse impacts from the new use.
North of the affected properties is zoned RM (Medium
Density Residential) and CF (Community Facilities);
northeast and east are zoned RM; and west and south are
zoned I (Industrial).
The existing land uses to the north are the Catherine
Strong Center and a drainage retention area for the Auburn
Trace multiple family development; northeast is the Carver
Estates multiple family development; east are four (4)
duplexes and vacant land; and, south and west are existing
industrial uses.
Compatibility with the adjacent residences is not a major
concern. The adjacent residences are separated from the
proposed industrial properties by public streets which have
50' wide rights-of-way. With respect to the Carver Estates
development, which has the greatest amount of frontage
adjacent to the proposed industrial properties, a majority
of that frontage consists of a recreation area containing a
baseball field and basketball courts. Further, sufficient
regulations currently exist i.e. restricted uses and
buffering to mitigate adverse impacts of the industrial
uses [ref. LDR Sections 4.6.4(B) and 4.4.26(F),(G), & (8)].
Section 2.4.5(D)(5) (Rezoninq Findinqs):
Pursuant to Section 2.4.5(D)(1) (Findings), in addition to
provisions of Section 3.1.1, the City Commis.ion must make a
finding that the rezoning fulfills one of the reason. for which
the rezoning change i. being sought. These rea.on. include the
following:
a. That the zoning had previou.ly been changed, or was
originally established, in error;
b. That there has been a change in circumatances which
make the current zoning inappropriate;
c. That the requested zoning is of similar intensity a.
allowed under the Future Land Use Map and that it i.
more appropriate for the property based upon
circumstances particular to the site and/or
neighborhood.
The reasons for which the rezoning is being sought is based upon
Items "b" and "c". Prior to the adoption of the Comprehensive
Plan 1989, restrictions were not in place to limit the types of
industriðl srs that could locate within wellfield zones,
therefore the industrial zoning was deemed inappropriate and the
properties were rezoned to RM (Medium Density Residential).
.
.
P & Z Board Staff Report
Rezoning from RM to LI - S.W. 10th Street Industrial Area
Page 4
Since that time, the provisions of the adopted County Wellfield
Protection Ordinance make it possible to allow light industrial
zoning in the area of wellfields and still protect the
wellfields. Also, a new Light Industrial (LI) zoning district
has been created which provides use and buffering restrictions
to address potential negative impacts. Further, the Community
Redevelopment Agency's Plan which was adopted by the City
Commission in 1992, identified the affected properties as
properties that should be designated as industrial use. Based
upon the above and approval of the Future Land Use Map Amendment
to Commerce, rezoning to LI is appropriate.
REV I E W B Y OTHIRS.
The rezoning is not in a geographic area requiring review by the
HPB (Historic Preservation Board) or the DDA (Downtown
Development Authority).
Community Redevelopment Aqency
At its meeting of July 14, 1994, the Community Redevelopment
Agency reviewed and recommended approval of the rezoning
request.
Public Notice:
Formal public notice has been provided to property owners within
a 500' radius of the subject property. Letters of objection, if
any, will be presented at the Planning and Zoning Board meeting.
ASS E SSM E N T AND C 0 H C L U S ION I
The Rezoning from RM to LI for these properties 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),
as the LI zoning i8 more appropriate given the proposed Commerce
and existing Industrial land use designations, and the LI
regulations which limit uses and provide buffering to address
impacts of industrial uses on the adjacent residences.
A L T I R N A T I V E ACT ION S I
A. Continue with direction.
B. Recommend approval of the rezoning request from RM to LI
based upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development
Regulations, policies of the Comprehensive Plan, and
Section 2.4.5(D)(5).
C. Recommend denial of the rezoning request from RM to LI
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.
.
p , Z Board Staff Report
Rezoning from RM to LI - S.W. 10th Street Industrial Area
Page 5
S T A F F R E COM M E H D A T I 0 H I
Recommend to the City Commission approval of the rezoning from
RM (Medium Density Residential) to LI (Light Industrial) based
upon positive findings with respect to Chapter 3 of the Land
Development Regulations, policies of the Comprehensive Plan, and
LDR Sections 2.4.5(D)(5)(b) and (c) (Rezoning Findings).
Attachment:
* Location/Zoning Map
¥.LJ:RICZONIC.DOC
.
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~~ITY MANAGER lo~
SUBJECT: AGENDA ITEM # - MEETING OF DECEMBER 6. 1994
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 91-94
ALARM SYSTEMS
DATE: DECEMBER 2, 1994
This is second reading and public hearing for Ordinance No. 91-94
which amends the City Code by repealing the existing alarm systems
ordinance and enacting a new Chapter 112, "Alarm Systems", to
provide revised regulations and procedures for alarm systems.
At first reading on November 15, 1994, the Commission passed the
ordinance by unanimous vote. Since then it has been revised to
address the issue of internal alarm systems in neighborhood
subdivisions, as set forth at Section 112.20(F).
Recommend approval of Ordinance No. 91-94 on second and final
reading.
!¿J~ ~ (!~ éd
I éJ,! /3 /9tf
~~~,~td~
'IlL lXl/},ð<.<A ~ /~
~td {fY1/~ ï I ~ rt- k-
Ifn~ ~Ffnr~)
~/~~~
~ J9d-{L¿
ð-o
ref:agmemo19
.
£IT' DF DELIA' IEA[H
DElRAY BEACH
¡ L () ~ , D A,
tø.td ~ 00 N,W, 1 sl A·.¡ENUE . OE:LP,':', òE¡:'C¡'" ;:L':)RìD';" 33444 . 40- '::.2 - -'
AII·AmericaCity ;;t:
, III I!
MEMORANDUM r~ 6,0
lyg3
TO: Mayor and City Commissioners
,
FROM: David T. Harden, City Manager[?'-/
SUBJECT: REVISED ALARM ORDINANCE
DATE: November 11, 1994
Attached is a revised version of oûr proposed new Alarm
Ordinance prepared by Eric Hightower. He has also included
copies of the Boynton Beach and the Boca Raton ordinances.
During the fiscal year just errded, the Fire Department received
55l false alarms. Our Police Department received 9,938 burglar
alarms. Of this number, 2,374 were accidental trips and 6,399
were system malfunctions. Handling these false alarms is
consuming a tremendous amount of staff time which needs to be
used more productively. The City's present Alarm Ordinance
imposes a fee of $25.00 for in excess of three false alarms in
anyone month. This provision in our code was brought forward
from the 1980 code, so it has been in effect probably for over
15 years. Obviously, the pen~lties are not severe enough to
deal with the problem, if they ever were. The Boca Raton
ordinance imposes penalties after two false alarms in anyone
year. The Boynton Beach ordinance uses a threshold of three
per year, which is what we propose for Delray.
Our existing ordinance also requires the City Clerk's office to
do the actual billing. This has proven to be cumbersome and a
source of problems since the Clerk is unable to answer
questions from individuals billed for false alarms. They must
be referred to either the Fire Department or the Police
Department. This ordinance also repeals provisions of our
existing code, which regulate alarm businesses. Alarm
businesses are now regulated by other 19vels of government and
regulation by the City is an unnecessary duplication.
DTH:mld
Attachment
@ Pnnted on Recycled ,Pape, THE EFFORT ALWAYS MATTERS
.
[ITY DF DELAAY BEA[H
CITY ATTORNEY'S OFFICE ,;111; W r\ TL\:\TlC ,-\ \ '-"IT . DELR.:\ Y BE,'\CH, FLOR!D.-\ 3' ..J.J
TELEPlj( ):\[\U~ 24,;-~.~:3· F,\CSI\1ILE 411" :.J3-"'ìb
POLICE LEGAL ADVISOR
MBMORA1Q)UK
TO: David Harden, City Manager
FROM: Eric D. Hightower, Police Legal Advisor
DATE: November 8, 1994
SUBJECT: Revised Alarm Ordinance
========================================================================
Pursuant to the City Commission comments, I have made revisions to
the Alarm Ordinance. The changes are as follows:
1- 112.20(C) - The renewal fee has been eliminated. Instead, a late
charge of $50.00 will be assessed if a person does not renew
within the time period allowed~ plus ten days after notice.
2. 112.27(B) - Six (6) false alarms will result in a $150.00 fee.
Seven (7) or more will be $200.00.
3. Section 4 - The effective date will be January 1, 1995.
Additionally, I have attached the City of Boca Raton and the City
of Boynton Beach ordinances. Regarding the Boynton Beach ordinance,
their fee for a permit is $30.00 without a renewal fee. Also, they do
not require yearly updates (Section 2.5-5). Section 2.5-8 states a
person listed by the property owner to respond must corne to the sight
within one (1) hour or face a $50.00 fine. Section 2.5-13 states the
service fee schedule for false alarms. As you can tell the rate is
lower than ours.
The Boca Raton burglar ordinance only cites a $27.00 service fee
for each false alarm after two (2) under Section 9-33(1). There is no
fee for permits and no permit required for burglar alarms.
Under the Boca fire alarm ordinance, there is a $100.00 service
fee after two (2) false alarms. There is no fee for a fire alarm
permit.
/~£
.
SUBJECT: Revised Alarm Ordinance
November 8, 1994
Page 2
I have spoken to Police Legal Advisor Steve Melnick of Boca Raton
and he stated to me that Boca is revamping their alarm ordinances and
instituting a $50.00 permit fee. No other details as to charges is
presently available.
Please let me know at your earliest convenience any other changes
you wish to make in the ordinance if they are needed.
EDH: Ibg E. )..1 I
c: Fire Chief Rehr
.'
.
:q
[ITY DF DELHAY BEA[H
CITY AßORNEY'S OFFICE 200 NW 1st AVENUE . DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Wr1t_r·. D1r_ct L1n_
DELRA Y BEACH (407) 243-7090
' L 0 . I D Á
t&ftd
AI~America City
" III! MEMORANDUM
Date: October 26, 1994
1993
To: City Commission
From: David N. Tolces, Assistant City Attorn~
Subject: Ordinance Correctinq Sewer Connection Fee
This proposed ordinance is necessary to correct a scrivner's
error which occurred when Ordinance 22-94 was passed earlier
this year. Ordinance 22-94 contained an incorrect con-
nection fee charge. This ordinance will correct the
connection fee and allow the code to reflect the fee that is
correctly being charged.
The other provisions which are being removed are no longer
applicable to the City's sanitary sewer system. Please call
if you have any questions.
DNT:smk
Attachment
cc: David T. Harden, City Manager
81___ _. )( ~ . ~IW Ci'erJrt;p8'f! 14J-e
Richard Hasko, Deputy Director of Public Utilities
sewer.dnt
sr~
bJP:t I 6/0
r J'¡0Iq~ ~
~ '\a
p~ \~\b \ q~..- 0
@ Printed on Recycled Paper
.
.
ORDINANCE NO. 92-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 53.130, "USER
CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER
SURCHARGE" , TO PROVIDE FOR CORRECTIONS IN THE
CONNECTION FEE WHICH WAS INADVERTENTLY AMENDED BY
PASSAGE OF ORDINANCE NO. 22-94; TO PROVIDE FOR REPEAL
OF SECTIONS 53.130(B), II CONNECTION CHARGE II , AND
SECTION 53.130(C), "EXCEPTIONS TO CONNECTION CHARGE";
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, on May 3, 1994, the City Commission passed
Ordinance No. 22-94 which amended Chapters 53 and 54 of the City of
Delray Beach Code of Ordinances; and
WHEREAS, Ordinance No. 22-94, as adopted, contained
inaccurate connection fee charges; and
WHEREAS, adoption of a corrective ordinance is necessary to
have the current code reflect the current charges.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE I
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: i
.1 Section 1. That Title V, "Public Works", Chapter 53,
"Sanitary Sewers" , Section 53.130, "User Charge s ; Wholesale Sewer
II Rates; Calculation of Sewer Surcharge", of the Code of Ordinances of
II the City of Delray Beach, Florida, be, and the same is hereby amended
II to read as follows:
!I Section 53.130 USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF
i SEWER SURCHARGE.
II (B) Connection Charges.
II (1) In addition to the rates set forth in Section
54.130(D), there is established a sewer connection charge for each
connection to the City sewage collection system. The sewer connection
charge shall be 81.084 t~ø/_¢t~_~/¢ø.t¡/~~t¢~/~_./~;ø~/~;t;t¢t~ø~/~ý
tìt¢ /~tt¢¢tøt /øt /,]Á)j~t¢ /J:fttXttt¢ø /tø /)j¢ /$~'Ø¡ØØ for each separate
residential unit or per Equivalent Residential Connection for
non-residential units. A residential dwellinc¡ unit is defined in
Section 53.004. ¢ø¡zl¡zl¢t¢t_X /]Áritt /~ìt¢t¢ /ø¢~¢t /~_t¢t_X /Xtri¢ø /¢~t.t /øt
$~'Ø¡ØØ /tøt /¢_¢ìt /ø¢JS_t_t¢ /t¢øt~¢ritt_~ /]Áritt /øt /¢ø¡zl¢¢t¢t_~ /]ÁJitt /wìt¢tø
.¢~¢t/X_t¢t_X/~tri¢ø/_t¢/_)jø¢rit¡
\,
II ¡
11
.
.
(2 ) Connection charges by users of the City sewage
system wholly outside the corporate limits of the City are fixed at
¡I sums equal to the rates shown in the above schedule in division (A) of
this section. plus twenty-five percent (25%) of each respective
'I classification. ~ø¢t~Ø~/~¡/1¡ØK~lK11/ The connection charge shall be
II paid to the City at the time of obtaining a permit for a connection
and shall be in addition to the permit fee. The size of the
Ii connection shall be determined by the Plumbing Inspector in accordance
,/
II with Articles 7.6 and 7.7 of the Land Development Regulations.
Ii
I
J_J//fØt/~~t~øøØø/Ø~/t~Ø/_~~~~¢_t~Ø~/Ø~/t~Ø/_~øýø
¡ñø~t~ø~ø~ /¢øJ'iJ'iØ¢t~øJ'i /¢~_twØøl /t~Ø /c¡,~tý /ø~_~~ /~Ø /~~ý~~ø~ /~J'itø /twø
~~_tt~¢'tøl
I JJ1//Ø~øttt¢t/~Ø//J/ø~_~~/¢Ø¢~t~øØ/_~~/Ø~/t~Ø
_tø_ø/~tøøø~'t~ý/~J'i/t~Ø/¢øt~øt_tØ/~~¢~tø/Ø /t~Ø/c¡,~tý'/Ø~¢ø~t/ øt/t~_t
_tø_/~Ø¢¢t~~Ø~/~Ø~ØW/
J'/.l / /1~ø /.Ø¢ø~~ /~~ø'tt¡'¢t /¢~_~¡ /l6ø /~~ØW~ /_¢
t~Ø /~ø~t~ø__t /1J'itØt¢Ø~tøt /_~~ /fØt¢Ø /þt_~J'i /ø¡'_tt~¢t /W~~¢~ /ø~_~~ /~Ø
_~Ø~tØ~/1óý/tØ Øtø~¢Ø/_J'i~/¢_~Ø/_/~_tt/~ØtøØ /
J~J / /1J'i /t~øøØ /~øtt¡.øJ'iø /Ø /Ø~øtt¡'¢t /~Ø/ / J /W~øtø
Ii _;'Ýì~t;.tý / /_Øwøtø / /_tø / /;'ý;'¡'¡_l6~Øl / /t~ø / /¢øÝìÝìø¢'t~øÝì / /¢~;.twø / /~øtø~Ýì
Øø't_l6¡~¢~Ø~ /_~_¡¡ /l6Ø /_~~~~¢_l6¡Ø /tø /_~~ /¢øÝìJ'iø¢'t~øÝìø /¢_~" /;' tøt /þt_t¢~
I ¡JI/J~Ø~///1Ýì/t~Ø/~øtt~øÝìø/Ø~/Ø~øtt~¢'t/~Ø//J/W~øtØ/J'iØ/ø;'J'i¡.t_tÝ/¢Øwøtø
! _tØ/_ý_~~;'~~Ø,/'t~ø'Ø/~tø~øtt~"ø/ø~;'¡¡/Ýìøt/~"/'~161Ø¢t/tØ/'t~ø/¢øÝìÝì"¢t~øÝì
i
¡ ¢~;.twø/~tøý~~ø~/t~øý/;.tØ/¢Ø~~ø¢tø~/tØ/t~Ø/__Ýì~t;'tý/_ØWøt/W~t~~J'i/ø~~tý
I,
¡I JøøJ/~_ýø/_~tøt/_¢¢ø~t;'Ýì¢ø/Ø~/t~ø¡'t/~_tt¡'¢~~_t/¢Ø¡¡"¢t¡.øÝì/øýøtø¡ñ/__
ø~øt;.t~øJ'i_¡ /l6ý /t~ø /c¡,ø¢¢~øø~øJ'i/ / /1 /;'J'iý /~øtøøJ'i /Øl6t_¡'J'iø I;' /¢øJ'iÝìø¢t~øJ'i
i¡ ~øt¢~t /~t¡.øt /tø /ø¡'t~øt /øt /t~ø /_l6Øýø /~";'~~~J'i"øl /J'iø /¢øJ'iJ'iø¢t¡.øJ'i /¢~_twø
jI
II Ø~;'¡~/l6ø/¢;'~Ø/~~t¡'J'iW/t~ø/¡¡,~ø/Ø~/t~ø/;øt¢~'t/W~~¢~/ø~;.~¡/l6ø/t~~ttý/J¡øJ
~_ýø/
!I J¢l / /1J'i /t~ø /~ø~t~ø;.ø't /1J'i'tøt¢Ø~tøt /_J'i~ /,øt¢ø /þt_~Ýì
II ø~ø'tt~¢'tl/;'¡¡/¡'¢;tøýø~/~tø;øtt¡.øø/~tøøøJ'i't¡ý/¡'J'i/t~ø/c¡,¡.'tý/_ø/Ø~/¡_J'i~_tý
I ~~'/J~ø~,/ø.;'¡~/1óø/¢~_t,ø~/~J'i/;.¢¢øt~_J'i¢ø/~¡'t~/~ø¢t¡.øJ'i/'¡/J¡øJ~JJ~JJ1óJ
_l6ØÝØ/ / /~~¡ /;tø~øt't¡.øø /~ø¢;.'t"~ /¡'J'i /t~¡.ø /~tøtt¡'¢t /~~¡.¢~ /;.tø /¡'¢~tøýø~
_ttøt/¡_J'i~;.tý/~'/.I/J~Ø~'/.~_¡~/l6ø/¡.¢¢ø~¡'_'tØ~ý/ø~161ø¢'t/tØ/t~ø/¢øÝìJ'iø¢ttøJ'i
¢~;'twøø/~øýtø~/~øtøtJ'i/
J~J///~~¡//~tø;øtt¡'øø//_J'iJ'iø~,,~//'tØ//t~,,//¢øtPøt_tø
~¡'¢¡'tø /øt /t~¡.¢ /c¡,~tý /_ttøt /þt;.t¢~ /¡JI /J~ø~, /ø~_¡~ /l6Ø /ø~1ótØ¢t /tø /t~ø
¢ø~Ýìø¢ttøJ'i /¢~_twøø /~øtø~Ýì /Øøt_l6~tø~ø~ /_Ýì~ /~ø¢ttøJ'i /~¡/J¡øJ~JJ~JJ~J
_Ýì~/J¢J/_1óØýø/ø~_~¡/J'iØt/l6ø/;.;;~t¢_l6~"/tØ/'t~øøø/;tø;øtttøø¡
- 2 - Ord. No. 92-94
I
JI I
II
.
lØl///YØt//p~tPøøØø//øt//t~tø//øø¢ttø~¡//t~ptøyø~
ptøpøttt /1._ /t~øt /~pøpi /}i~t¢~ I;' /}zS~t;l~t~f /1._ /;lØ¢ØtØ~ /;'pi~ /tøt /}i~t¢~ I;'
'I ¢øttttt¢øtØ/øt/Ø¢¢~P;.~¢t/~;.ø/}zSøØ~/tøø~Ø~¡
!I
¡I (C) There shall be a non-residential sewer connection
charge which shall be based on S1.084 per Equivalent Residential
'I
Connection (E.R.C.). Equivalent Residential Connection shall be
calculated as follows:
Estimated Flow in Gallons Per Month
E.R.C. Units = 7.000
Where an estimated flow is not available. the following formula shall
be used with reference to the standard Plumbing Code adopted by
reference in Article 7.6 of the Land Development Regulations.
Total Fixture Units
I E.R.C. Units = 16
I 1~1//~_¢_pttø~ø/tØ/¢Ø~~_¢ttø~/¢~;.tf¢¡//'~t/øtt~¢t~t_ø/t~;'t
:1 }iØ~;l~/Øt~t~;'tt;lt/}zS¢/ø~}zS1_¢t/tØ/t~_/¢Ø~~ø¢ttø~/¢~;.ti_ø/øøt/tøtt~/ø}zSøyø
ø~;';l;l/}zSØ/Ø__~pt/ttl
II 11-1 / /1~Ø /øtt~¢t~t¢ /tø /t~ I;' /~¢YØ;lØ;Ø¢~t /t~ /}i~t¢~ /t~ø
II ø}i~øt/øt/~ØYØ;lØpØt/;.t/~tø/Ø_pØ~øØ/~Øø/¢Ø~øtt~¢tø~/;.~~/t~t~Ø~/øýøt/tø
1\ t~Ø//~ttt¡//pøt~;.~¢~t//ø¢}i¢t//tt¢;.t¢_~t//øt//tt;'piø¢tøøtø~//t;.¢t;ltttØø
II ;.~¢çt~;.tø /tø /ø_ty¢ /t~;.t /ptøp_ttt /;.~~ /1-ø I;' /P;.ttt /tø /t~¢ /$Ø~t~}iø¢t
II Ø¢ÝØ;lØp¢tø /'it__~_~t /øt /t~¢ /Jføtt~}i_øt /Ø¢1¢;lØp¢tø /'it_¢¢¢~t /øt /t~ø
I' øtt~¢t~t¢ / /tø / /1-~ / I;' / /~_ý¢;lØp~Ø~t / /t~;'t / /tø / /;.t / /;l¢;.øt / /t}i¢~tt.¡.t1-Y¢
II Pøt¢ø~t /17-"1 /¢ØØp;l_t¢ /Ø~ /~;'~~;'tt /,)1-, / '-~77 ¡ / /yøt /t~¢ /p~tPøø¢ø /øt
,I t~1-ø /¢_¢t1-ø~¡ /t~¢ /Ø_;'~1-~f /øt /t~¢ /}iøt~ /~¢y¢;lØp¢¢~t /ø~;';l;l /1-~¢;l~~Ø
II
}zS~t /~øt /}zS¢ /;l1-Øtt¢~ /tø /øtt~¢t~t¢ø¡ /~~1-tø /øt /1-~t¢t¢øtø /t~;.t /;.t_ I
II øttøtø~ /;.ø I;' /P;.tt /øt I;' /¢Ø~~Ø~ /ptø¢ØttØ~;';l /p;l;'~ /øt /;.~Yøtt1-øt~i /;'J'i~
¡i ø;';lØ¡
'I 17-1 / / /,ø / /tø / I;' / /P;.tt1-¢)t;l;.t / /øtt)t¢t)ttØ¡ / /;';l;l / /pøt¢1-t¢
I, 1-~¢;l)t~t~~ /}zS~t /~øt /;It¢1-t_~ /tø /}zS)tt;l~1-~~ /pøt~ttø, /}i;.t¢t /;.~~ /¢¢~øt
11 Pøt~ttø¡ /~;'1Ø /}zS_ø~ /tøø)t¢~ /~øt /;l;.tØt /t~;.pi /1;.~~;.tt /7-~¡ /1-~7~¡ /;'pi~
t~¢ /¢øt¢t /t~øt;';l;l;.ttØ~ø /;.~~ /}i;.t¢t /¢Ø~~¢¢ttø~ /tøt /t~øø¢ /øtt~¢t~t_ø
I¡ ø¢¢~t/~Øt/;l;.t_t/t~;.~/~)t;lt/'/.~¡/'-~7~¡
II
1,)1//1~Ø/¢_¢øpttøpiø/¢tø;'t_~/~_t¢1-~/ø~;';l;l/~Øt/;.pp;lt/tØ
;.~t/p¢t¢tt/tø¢)tø~/pttØt/tØ/1;.~~;.tt/,)'-¡/¡~77'/Ø~;lt/t~Øøø/øtt~¢t~tø¢/tøt
}i~t¢~ /'Øøt~ttø /;.tø /tøø~ø~ /ø~}zSø_çt~ø~t /tø /¡;.~)t;.tt /')¡¡ / ¡~77 ¡ /;.~~ /}i~t¢~
øt~øtøtø¢/~¢¢t/t~Ø/;'}zSøýØ/¢tttøtt;.¡/ø~;';l;l/}zS¢/Ø_¢¢Pt/ttø¢/t~¢/¢Ø~~¢¢t1-øJ'i
¢~;.t~Øø¡
I - 3 - Ord. No. 92-94
I
I,
.
-
¡ Section 2. That should any section or provision of this
¡ ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
! whole or part thereof other than the part declared to be invalid.
i
I Section 3. That all ordinances parts of ordinances in
i or
I conflict herewith be, and the same are hereby repealed.
Section 4 . That this ordinance shall become effective
immediately upon its passage on second and final reading.
1
PASSED AND ADOPTED in regular session on second and final
reading on this the 6th day of December , 1994.
¡ ~~
I
! ATTEST:
I 0. LÚvry¡ ffjJ C, J& lr I/o ï/¡;¡
I
City Cl rk
! First Reading November IS, 1994
I
¡ Second Reading December 6, 1994
I
1
¡
Ii·
II
ï
I:
,I
i ~
il
II
I:
Ii
:I
I
II
I'
- 4 - Ord. No. 92-94
.
.
.
M E M 0 RAN D U M
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tM
SUBJECT: AGENDA ITEM # I~~ - MEETING OF DECEMBER 6, 1994
FIRST READING FOR ORDINANCE NO, 97-94
DATE: DECEMBER 21 1994
This is first reading for Ordinance No, 97-94 which rezones a 1. 92
acre parcel of land from NC (Neighborhood Commercial) Distric~ to
POD (Professional and Office) District. The property is generally
located at the northwest corner of Seacrest Boulevard and N,E. 22nd
Street. It does not include the pizza shoPI convenience store and
vacant gasoline station which are under separate ownership,
The rezoning request involves the south 1. 92 acres of an overall
3.92 acre parcel, The north two acres of the property contains an
abandoned office complex which was last occupied in 1986, while the
south 1. 92 acres is vacant land. The purpose of the rezoning is to
reduce the size of the NC parcel from 3.92 to 2 acres to comply
with maximum lot size requirements of the NC zone district. Please
refer to the staff report for a detailed analysis,
The Planning and Zoning Board formally reviewed this item at public
hearing on November 21, 1994, and voted 6 to 0 to recommend that
the rezoning be approved
Recommend approval of Ordinance No. 97-94 on first reading, If
passed, a public hearing will be scheduled pending demolition of a
vacant structure bisected by the proposed north d~strict zoning
boundary l~ne, -
!~ ..1-0
ref:agmemo18
.
.
.
- ,-
- --,
ORDINANCE NO. 97-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED NC (NEIGHBORHOOD COMMERCIAL) DISTRICT
IN THE POD (PROFESSIONAL AND OFFICE) DISTRICT; SAID
LAND BEING GENERALLY LOCATED AT THE NORTHWEST CORNER
OF SEACREST BOULEVARD AND N,E. 22ND STREET¡ AND
AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"¡
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE,
j WHEREAS, the property hereinafter described is shown on the
j Zoning District Map of the City of Delray Beach, Florida, dated April,
1994, as being zoned NC (Neighborhood Commercial) District¡ and
WHEREAS, at its meeting of November 21, 1994, the Planning
and Zoning Board for the City of Delray Beach, as Local Planning
Agency, reviewed this item and voted 6 to 0 to recommend approval of
the rezoning, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District t·!ap of
the City of Delray Beach, Florida, dated Apr iI, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of POD (Professional and
Office) District for the following described property:
The East 340,00 feet of the Northwest One-Quarter (NW
1/4) of the Southwest One-Quarter (SW 1/4) of the
Southwest One-Quarter (SW 1/4) of Section 4, Township
46 South, Range 43 East, Palm Beach County, Florida,
LESS THE FOLLOWING:
1. The South 15.00 feet of the above described
parcel (right-of-way for N.E. 22nd Street);
2, The East 40,00 feet of the above described
parcel (right-of-way for Seacrest Boulevard)¡
3. The West 130,00 feet of the East 170,00 feet of
the North 150.00 feet of the South 290,00 feet
of the above described parcel;
-- -----
'.
.
.
-- _. -- --_.._-
- ----------- --------
-
4 . The West 92,00 feet of the East 132,00 feet of
the North 125.00 feet of the South 140,00 feet
of the above described parcel¡
5. The North 290.38 feet of the above described
parcel.
The subject property is generally located at the
northwest corner of Seacrest Boulevard and N.E, 22nd
Street¡ containing 1.92 acres, more or less,
Section 2, That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed,
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5, That this ordinance shall become effective
immediately upon passage on second and final reading,
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1994.
MAY 0 R
ATTEST:
..
City Clerk
First Reading
Second Reading
- 2 - Ord. No, 97-94
~-~ -------..._-- -----.
.
.
f Wl IIJ 1111 1 rT IJll
, AVE. GULF STREAM BOULEVARD -
, JI l
CF - ~ .
\R 0 n II ~'I' ,.
1-AA a::
<!
~ 25TH CT. - > CIJ LF STRE,oI
r~
..... \
(
-Gw. 25TH ST. \ CD ~
A1)N"'~VI 'W RD. I A \01_ ILh
g-
I- SE.f'CRE.FT ~E I T
w
~ (/)
-(L. 24TH ~ 1\ I w D
a::
u
<!
- w
- I~:I, (j')
-
~. ,. Ní/C
)1 g ,An
24TH s, CF A TLA cHOOL
- HIGH 5
~ z "'- / R-1-AA
0
I- .. ~ .,.,"'" U#
Z
~ I WW
CF V1 ~I
}
rt ~ · · ¡iff
!! c
:L -i 3 Jlt!1
.,...." I I
.... '221'10 !Ii '" 5TR,
STRE ET PINE RIDΠRD. N,t...
.... I I
l&J W - ~ I
:J :;¡ - ~
- z z
~ ~ - - i--
~ ~
« «
- a I- ~ H.E. 21ST 51,
z CI1
N ~ ~ .. PfJl1i i-- '--
f- 3i -
:i. :2 "--
· rr·" --- -
f- ~ - -",-
ft..' - I: N,£. 20TH S,
:J\' I rlf - - - - I J
o ITIIIID N.. '11101 rntaT
I
~ OF MoSA ~
n - 5T, I I r· :' T 1 ~ PLUgJTARY
:T rLr~CHOOL j
I ,
N .- u_ ,.._-.S_EAeR_ES1_..L__TANGERINE
-
~ DPM'DIIJf1' REZONING
CITt 01 IIIUIA Y ICAØf, ...
- QØTA( ... IJNI .rr.s7IIIf -
'.
.
Lr~: "",
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: CITY MANAGER
THRU:
FROM:
SUBJECT: MEETING OF DECEMBER 6, 1994
FIRST READING OF ORDINANCE NO. 97 -94 - REZONING
PROPERTY FROM NC (NEIGHBORHOOD COMMERCIAL) TO POD
( PROFESSIONAL AND OFFICE DISTRICT) FOR PROPERTY
GENERALLY LOCATED AT THE NORTHWEST CORNER OF SEACREST
BOULEVARD AND N. E. 22ND STREET ( ACROSS FROM ATLANTIC
HIGH SCHOOL).
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance rezoning a 1.92
acre parcel from NC (Neighborhood Commercial) to POD
(Professional and Office District). The purpose of the
rezoning is to reduce the size of the NC parcel from 3.92
to 2 acres to comply with maximum lot size requirements of
the NC zone district.
The subject property is generally located at the northwest
corner of Sea crest Boulevard and N.E. 22nd Street,
excluding the pizza shop, convenience store, and vacant
gasoline station, which are under separate ownership.
BACKGROUND:
At its meeting of January 24, 1994, the Planning and Zoning
Board held a public hearing in conjunction with a City initiated
rezoning of the subject property from NC to RM (Medium Density
Residential). One of the reasons for the City initiated action
was that the 3.92 acre parcel exceeds the recently adopted
2-acre maximum site size for NC parcels. Other reasons dealt
with the appropriateness of a commercial development adjacent to
the residential neighborhood.
At the public hearing for the rezoning to RM, substantial
opposi tion was expressed by residents of the adjacent
neighborhood. The residentsexpress-e,a-Support~of-âevelopment
of the site for low-intensity non-residential uses, as opposed
to multi-family. At that time the Board inquired as to the
possibility of splitting the property into two parcels, or
applying different zoning designations. The Board then withdrew
the RM rezoning request.
.
·
City Commission Documentation
Meeting of December 6, 1994
First Reading of Ordinance No. -94 - Rezoning from NC to POD
for the South 1.92 Acres of the Shops of Seacrest/Food Lion Site
Page 2
The owner of the property, Nations Bank, has now petitioned to
rezone the south 1. 92 acres (currently vacant) from NC
(Neighborhood Commercial) to POD (Professional and Office
District). An analysis of the request is found in the attached
Planning and Zoning Board Staff Report.
Zoning District Boundary Line
As presented, the proposed north zoning boundary line will
bisect a vacant structure. The reason for the placement of the
boundary line at that location is that the bank wants to keep
the NC zoning at the maximum 2-acre size. The structure is
scheduled for demolition, however, the bank wants to be
reasonably certain that the POD zoning will be approved prior to
demolishing the building. The applicant has stated that the
structure will be demolished pending the disposition of the City
Commission on first reading of the rezoning to POD. In order to
avoid a situation in which a zoning boundary line divides a
building, second reading of this ordinance will not be scheduled
until such time that the structure has been demolished.
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of November 21, 1994, the Planning and Zoning
Board held a public hearing in conjunction with review of the
request. The owner of the adjacent residential property (west)
spoke in support of the POD zoning. There was no public
testimony in opposition to the rezoning. The Board voted 6-0
(Ms. Young absent) to recommend that the request be approved.
RECOMMENDED ACTION:
By motion, approve Ordinance No. q-¡ -94 on First Reading.
Attachment:
* Location/Zoning Map
* P&Z Board Staff Report & Documentation of November 21, 1994
* Copy of Ordinance No. -94
Y: CCBI~ATAN. DOC
----.-.-----...---- _.---- ----
, .
.
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT ---
...,.nNGDATE: November 21, 1994
AGENDA ITEM: V. B.
ITEM: Rezoning from NC (Neighborhood Commercial) to POD (P.rofessional Office District)
(A Portion of the Former Shops of Seacrest Site).
GENERAL DATA:
Wl II J
J - '---r I--'[T GLilr 5 ."~..,,,
. ~U~.~D
Owners, .....,.".,.,.., ..Nationsbank of Florida, N. A.
c/o Mark Lynd a
Amresco Institutional, Inc. ~
!. -r~
Applicant.,... ,..,...", .Mike Covelli ~ r-5
Caulfield" Wheeler, Inc. IDIl-r--T
Location. ..... .....,..,. ,Northwest corner of Seacrest' _ ~t~' ~ti
Boulevard and N.E. 22nd ~ ~ 0
Street. c 5
\ <
. f--- W
Property Size,.....,.". .1.92 Acres \s- - -, --f--- VI
CH,y Land Use Plan."." ,Transitional . \ ,ArV-"nc
è. .>ting City Zoning"" .NC (Neighborhood CotT\!nercial) -1 ~71
Proposed City Zoning"" .POD (Professional and Office ,L--____ I ~
. District) ~
. - & I
Adjacent Zoning", North: NC ~ ' ..... .........-
East: NC and CF (Community , I
Facilities) ~
r---- .'-
South: R-l-AA (Single Family r---- ~
Res.ldcntial)
West: R-l-AA 'WCrrr rN!""~ .r
~ - ~ ----,
Existing Land Use" ,.,...Vacant land. I; __ ~ ~
~ ~- ~
Proposed Land Use........ Potential for of f ice ;:- f-- ';:::. f--fl i
development. 1 1= = PLJ ..-;
Water Service........... .Existing 8'· water milins 1 T ~ fl - . ;
along N.E. 22nd Street and i
.-
Seacrest Boulevard.
o;! ,
Sewer Service........... .Existing S" sanitary sewer . ¡""-""'1
mains along N.E. 22nd Street r LJ'
and in Seacrest Boulevard. r f- - -\-L- ~
~ þ--. , . --
. ' d
i-- I
~ T ~ '
, ~ " I
4~ '
~ '
I r- - . . ,...I
,-I -.. r I i I-- .!
21 "n! S . ~~,--,..
.. f1-\-~\c_N. !
... .. !. \--'':=- " I
\ .IL
'.
·
,
I T E M B E FOR E THE BOA R D :
The action before the Board is that of making a
recommendation on a rezoning request from NC
(Neighborhood Commercial) to POD (Professional and
Office District), pursuant to section 2.4.5(D).
The subject property is generally located at the
northwest corner of Seacrest Boulevard and H. W . 22nd
Street, excluding the pizza shop, convenience store,
and vacant gasoline station.
B A C K G R 0 U H D I
rhe rezoning request involves the south 1.92 acres of an overall
3.92 acre parcel. The north 2 acres of the property contains an
abandoned office complex (Unemployment Compensation office)
·,.,hich was last occupied in 1986, and the south 1. 92 acres is
vacant land. The subject property has an extensive land use
history. The following are the most recent land use actions to
occur as they relate to the property.
With the Citywide rezoning and adoption of the City's Land
Development Regulations in October, 1990, the Planning and
Zoning Board recommended that the property be rezoned trom LC
(Limited Commercial) to RM (Medium Density Residential) .
However, during City Commission consideration, the property
owners requested and received an NC zoning designation in order
to accommodate a proposed Food Lion grocery store. Concurrent
with the rezoning action, the City Commission amended the NC
zone district to allow a maximum single user floor area of
35,000 sq. ft. A site plan for the grocery store was submitted
but not approved and the project was never built.
On October 18, 1993, the Planning and Zoning Board reviewed and
recommended approval of changes to the HC zone district
regulations. These changes included a reduction of intensity by
reducing the maximum lot size from 4 acres to 2 acres, and
reducing the maximum. area allocated to each type of principal
use frolD 35,000 sq. ft. to 10,000 sq. ft. The City Commission
approved·thes. changes on December 7, 1993.
-
At its ...ting of January 24, 1994, the Planning and Zoning
Board held a public hearing in conjunction with a City initiated
rezoning' of the property from NC to RM (Medium Density
Residential). One of the reasons for the City initiated action
was that the 3.92 acre parcel now exceeds the 2 acre limit for
NC. O~her reasons dealt with the appropriateness of a
commercial development adjacent to the residential neighborhood.
At the public hearing for the rezoning to RM, substantial
opposition was expressed by residents of the adjacent
neighborhood. There were concerns raised with respect to the RM
zoning as well as the the parking situation at the corner of
Seacrest Boulevard ~nd N.W. 22nd Street. The residents
.'
.
P & Z Board Staff Report
Rezoning from NC to POD for Seacrest/Tangerine (aka Food Lion)
Page ~
supported development of the site for low-intensity
non-residential uses, as opposed to multi-family. At that time
the Board inquired as to the possibility of splitting the
property into two parcels, or applying different zoning
designations. The Board then withdrew the rezoning request due
to the concerns of surrounding property owners.
On October 7, 1994, an application was submitted to rezone the
south 1.92 acres of the overall 3.92 acre parcel from NC to POD
and is now before the Board for action.
PRO J E C T DES C RIP T ION :
The rezoning request involves the south 1.92 acres of an overall
3.92 acre parcel. The proposal is to rezone the 1.92 acres
(currently vacant) from NC (Neighborhood Commercial) to POD
(Professional and Office District). The rezoning does not
include the existing pizza shop, convenience store, or vacant
gasoline station at the northwest corner of Seacrest Boulevard
and N.W. 22nd Street, which are under separate ownership.
Z 0 N I.N G A N A L Y S IS:
REQUIRED FINDINGS: (Chapter 3)
Purauant to Section 3.1,1 (Required Finding.), prior to the
approval of development applicationa, certain findinga muat
be made in a form which ia part of the official record.
Thia may be achieved through information on the
application, the ataff report, or minut... Finding. ahall
be made by the body which haa the authority to approve or
deny the development application. The.. finding. relate to
the Future Land Use Map, Concurrency, Comprehen.ive Plan
Con.i.tency and Compliance with the Land Development
Regulation..
Future Land Us. MaP: The use or structure. muat be allowed in
the zoning district and the zon1ng
district .uat be conai.tent with the land u.. d.signation.
The subj~ property has a Transitional Land Use Map designation
and is currently zoned NC (Neighborhood Commercial). The
proposed zoning of POD (Professional and Office District) is
consistent with the Transitional land use map designation. The
POD (Professional and Office District) zone district was created
in orde~ to provide a very limited application of professional,
office, and similar intensity uses to small parcels on
properties designated as Transitional. Based upon the above, a
positive finding can be made with respect to consistency wi th
_____~~~_~and use map designation.
.
, .
·
P , Z Board Staff Report
Rezoning from NC to POD for Seacrest/Tangerine (aka Food Lion)
Page 3"
concurrency: Facilitiel which are provided by, or through,
the City shall be provided to new development
concurrent with issuance of a Certificate of Occupancy. Thele
facilitiel shall be provided purluant to levels of servlce
eltablished within the Comprehensive Plan.
As the rezoning request is a change from existing commercial
(NC) to a zoning which is of similar intensity (POD), level of
service standards as they relate to Water, Sewer, and Drainage
should not be significantly affected. As the property will
remain non-residential, there will be no impact on park
facilities. However, the following information is provided as
it relates to Streets and Traffic, and Solid Waste.
Streets and Traffic:
Pursuant to Section 2.4.5(0), with all rezoning requests,
traffic information is required which addresses the development
of the property under reasonable intensity pursuant to the
existing and proposed zoning.
Based upon the submitted traffic information, the maximum
development potential for the 1.92 acre property under the
existing NC zone district (retail use) would result in the
generation of 2,657 trips per day, whereas under the proposed
POD zone district (office use) 493 trips per day will be
generated. This represents a potential reduction of 2,164 trips
per day. Based upon the above, a positive finding can be made
with respect to this level of service standard.
,
Solid Waste:
Trash generated under the proposed POD zone district (office use
at 5.4 pounds per sq. ft. per year) will be less than that
generated under the NC zone district (retail use at 10.2 pounds
per sq. ft. ) . Thus, there will be a posi ti ve impact on this
level of service standard.
I consistency, Compliance with the pertormance standards set
forth in Section 3.3.2 (Standard. for Rezoning
Action.) along with required finding. in Section 2.4.5(D)(5)
(Rezoning Find!ng.) .hall be the ball. upon which a finding of
overall consi.tency i. to be made. Other objective. and
policies found in the adopted Comprehen.ive Plan may be u.ed in
the making of a finding of overall con.i.tency.
COMPREHENSIVE PLAN POLICIES
nn___An__t"evte~of~he __c>pjectives and policies of the adopted
Comprehensive Plan was conducted and the applicable policies
are noted. "
'.
·
P & Z Board Staff Report
Rezoning from NC to POD for Seacrest/Tangerine (aka Food Lion)
Page 4,
Land US8 Element Objective A-I: Vacant property shall be
developed in a manner so that the future use and intensity i.
appropriate and complies in terms of soil, topographic, and
other applicable physical considerations, i8 complimentary to
adjacent land uses, and fulfills remaining land use needs.
Development of the overall 3.92 acres under the current NC
zone district regulations would exceed the appropriate
intensity for the NC zone district. Commercial development
exceeding the prescribed intensities of the NC zone
district would not be complimentary with the adjacent
residential properties. The proposed POD zone district is
less intense than the Neighborhood Commercial and provides
for a more complimentary land use to the adjacent
residences.
Section 3.3.2 (Standards for Rezoning Action.): The applicable
performance standards of Section 3.3.2 and other policies which
apply are as follows:
(C) Additional strip commercial zoning on vacant properties
shall be avoided. This policy shall not preclude rezonings
on land that at the time ot rezoning has improvements on
it. Where existing strip commercial areas or zoning exists
along an arterial .treet, consideration should be given to
increasing the depth of the commercial zoning in order to
provide for better project design.
Typically, neighborhood commercial properties are strip
commercial in nature, which is evident by the existing
commercial development along Seacrest Boulevard adjacent to
the subject property. Concerns with strip commercial
development relate to a high intensity use with inadequate
depth and parking facilities. The reduction of 1.92 acres
of NC in a manner that does not reduce the depth of the
remaining NC property, will further the above stated
policy.
(D) That the rezonlnq .hall re.ult in allowing land u.e. which
are deemed compatible with adjacent and nearby land uses
both existing and proposed; or that it an incompatibility
may' occur, that sufficient rec:¡ulations exist to properly
mitigate adver.e impacts from the new use.
Properties south and west of the subject property are zoned
R-l-AA (Single Family Residential); and, north and east are
zoned NC. The land uses adjacent to the property include
the following: south and west are 6 single family
residences; north is the vacant office complex¡ and, east
are Domino's Pizza, Kwik Stop convenience store, a vacant
gasolil1~__ station, Seacrest Discount Beverage and Grand
Rental Station. ~-~---
."
,.,
·
P & Z Board Staff Report
Rezoning from NC to POD for Seacrest/Tangerine (aka Food Lion)
Page ~,
Site compatibility has been expressed as a concern with
previous commercial proposals - Shoppes of Seacrest and
Food Lion - and the proposed rezoning to RM (January 1994).
Rezoning to POD will be more compatible with the adjacent
res idential land uses than the existing NC zoning, and
should not have any adverse impacts on the residences.
Section 2.4.5(0)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(0)(5) (Findinga), in aådition to
provisions of Section 3.1.1, the City Commiaaton must make a
finding that the rezoning fultills one ot 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 clrcwutances which
make the current zoning inappropriate;
c. That the requ..ted zoning i. of aimilar intenaity as
allowed under the Future Land Use Map and that it is
more appropriate for the property ba.ed upon
circ~tancea particular to the ait. anå/or
neighborhood.
The applicant has submitted a justification statement which
states the following:
"The zoning circumstances have changed. The existing NC
zoning is a total of 3.92 acres on the site. The code only
permits 2.0 acres to be held in the NC zoning. Therefore,
the 1.92 acre parcel is being rezoned to POD which is
compatible with the intensity and uses wi thin this area.
This rezoning is being sought for the purpose of bringing
this parcel into conformity with zoning requirements."
Comment: The justification statement addresses Items Band C as
the basi. for which the rezoning should be granted. There has
been a cftang8 in circumstances in that the amendment to the NC
zone diat%ict requlations in 1993, reduced the intensity of the
district which makes the approximately 4 acre NC property
inappropriate. With this rezoning to POD, the existing
nonconformity will be eliminated as the NC property will contain
the maximum 2 acres. Further, the maximum development intensity
for the properties will be reduced, thus, the properties will be
more compatible with the adjacent residences. Based upon the
above, it is appropriate to rezone the property to POD.
~_._--- -~------~ ~-------
.-
'.
.
P & Z Board Staff Report
Rezoning from NC to POD for seacrest/Tangerine (aka Food Lion)
Page 6,.
o THE R I T EMS .
.
Zoning District Boundary Line
Until such time that a subdivision plat is recorded which
clearly delineates the POD and NC parcels, the existing 3.92
acre parcel will have 2 different zoning districts. Pursuant to
Section 4.1.3(H), where a zoning district boundary line divides
a lot, the regulations of the greater portion shall prevail for
the entire lot unless it is clear in the application of the
zoning that more than one district shall apply to the property.
The POD is being applied in a manner that specifically
delineates the two separate districts, therefore the NC zone
district will not prevail on the entire property.
Platting
The subject property currently has a metes and bounds legal
description. Previously, separate metes and bounds legal
descriptions were created for the adjacent commercial parcels
which constituted a subdivision, however, a subdivision plat was
never processed. Therefore, in conjunction with the rezoning
request, processing of a subdivision plat is appropriate,
dividing the south 1. 92 acres (proposed POD zoning) from the
north 2 acres (existing NC zoning). The purpose of the plat is
to correct previously unapproved subdivision actions and to
clearly delineate the proposed POD parcel from the NC parcel.
Convenience Store Parking (NW corner Seacrest & 22nd St.)
With future development of the subject property, the back-out
parking situation for the convenience store and pizza shop must
be addressed (Northwest corner of Seacrest Boulevard and N.W.
22nd Street) . The elimination of the back-out parking was
raised with the review of the Food Lion site plan in July 1991.
The parking was to be relocated to the west side of the
commercial structures, on the subject property. The applicant
has acknowledged that these improvements must be made with any
future development of the property.
Potential Use of Property by Atlantic High School
In recent aonths, City residents and members of the City's
Education Board have approached the City Commission regarding a
proposal to have the School Board purchase the 3.92 acre site
for use by Atlantic High School, which is located across
Seacrest Boulevard from the site. Potential uses proposed for
the property include recreation facilities and/or parking. On
November 1st, the City Commission voted to establish a task team
to explore those possibilities.
---~--~~------
.
.
.
P & Z Board Staff Report
Rezoning from NC to POD for Seacrest/Tangerine (aka Food Lion)
Page 1
"
It could be several months before recommendations are
forthcoming regarding that proposal. In the meantime, the
property owners want to proceed wi th the rezoning to make the
property conforming. If the Atlantic High School proposal is
approved, it will be necessary to rezone the entire 3.92 acres
to CF (Community Facilities). Approval of the current rezoning
of a portion of the site to POD at this time will not affect
that future action.
REV I E W B Y o THE R S a
The rezoning is not in a geographic area requiring review by the
DDA (Downtown Development Authority) or the HPB (Historic
Preservation Board).
Community Redevelopment Aqency:
As the subject property is adjacent to Community Redevelopment
Area, the rezoning request was forwarded to the Community
Redevelopment Agency for a recommendation. On October 20, 1994,
the CRA reviewed and recommended approval of the rezoning
request. .
Public Notice:
Formal public notice has been provided to property owners within
a 500' radius of the subject property. In addition, courtesy
notices were provided to the following homeowner's associations:
* Del-Ida Park
* Dell Park
* Lake Ida Park
* Northeast Neighborhood
Letters of objection, if any, will be presented at the Planning
and Zoning Board meeting.
ASS E SSM ! N T AND CON C L U S ION I
The rezoning will enable positive findings to be made with
Chapter J of the Land Development Regulations, policies of the
Compreh"'lve Plan, and Section 2.4.5(D)(5) (Rezoning Findings),
that thetw ha. been a change in circumstances which make the NC
zoning inappropriate and that the POD zoning is of similar
intensity. The rezoning will eliminate an existing
nonconformity by reducing the HC zoning on a property to
the maxi~um 2 acres allowed.
A L T B R N A T I V E ACT ION S I
A. Continue with direction.
..._-.-- . "-- - ~~-~----~-
.-
.'
.
P & Z Board Staff Report
Rezoning from NC to POD for Seacrest/Tangerine (aKa Food Lion)
Page 8
"
B. Recommend approval of the rezoning request from NC to POD
based upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development
Regulations, policies of the Comprehensive Plan, and
Section 2.4.5(D)(5).
C. Recommend denial of the rezoning request from NC to POD for
based upon a failure to make a positive finding with to
Section 2.4.5(D)(5), the rezoning fails to fulfill at least
one of the reasons listed.
S T A F F R E COM MEN D A T ION :
Recommend approval of the rezoning request from NC to POD based
upon positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations, policies of the
Comprehensive Plan, and Section 2.4.5(D)(5)(b) & (c) , that there
has been a change in circumstances that make the existing NC
zoning inappropriate, and that the POD zoning is of similar
intensity.
.
Attachments:
* Location/Zoning Map
. Survey
V.SEACREST.DOC
.
.
~
.
.
r I " W , III JL JI'
,H AVE.. GULF STREAM BOULEVARD
CF R .. ~
0 ¡- I .
R- 1-AA a:::
~ 251H C!. <:
> oj Cl .F 5 TRE ~
W
r -l
- , ::)
I 0 -
\ CD
80NIoIW ow RD. 1 ~ ~ ,IW
\11_
-{3W' 25TH ST. - g-
t- I !µHE T
\\~\ V'1
w D
w ~ a:::
J~ H JAD U
..!.w. 24111 jI! R. \ <:
- w
~I V'1
-
<r I p,~. R'1M ,AN fJ C
24TH s , , CF A TL SCHOOL
-
HIGH
j "- / R-1-AA
- ~ ð
~ lit ....... ..._
'Z
~ /1 WW~
CF 11\
~
~- !ü,.,
~ lei Ii~
\oj ... '3
- i· .,. ...,. Jllts f "'ö
S £T PINE RJD,(;£ N.E. Ji .J STR,
f-, I I
w \II - ~
:> :> - ~
- z z I
~ ~ - - ~
« « ~ -:;¡
- ~
- a ~ N,E. 21ST 5T,
z 11\
N .. Si ~j ----- '--- I
- ~ -t ~
z ' ..: --. -
-
( .. ~ - -
,$,. N.£. 20TH sr,
tJ \. - - - - I ~
, , f
[J N l' S'1!taT
MOSA I
~ CF J~
< PLU ENT~.RY
rnl ST,
.£:, 1m 'T, ELo/cHOOL
r I I '\
.-----"'.----- N,,· SEAGREST / TANGERINE
.
~ 0IPM'1W.MT REZONING
a1'I (II 1I&ItAT IUO\ '"
- ØiIIÞC ... IM/IIW18I -
.
.
I,' ~.:
':------ :.; .'
Lj,: _: L-..J .: , ;: .
". î~I'_' ". - '. f i I :: I
I ' i· ,~", ..., ."'. Ii . ~
'7-;: -/- ':_-,--.:.~,,_ - '--. IJ -_....-..
!¡!,.~ '; - .. ZIt;.
:~_ _:+2' ' WF ..\-?;,~
. ~,), ,00 /ill .CX.6..68N . ~ ¡ " :, ' . /
_; ;;~,;"Þ:..:i.::':"';-;~;'::..;".:.:..c ,.:;..'>~,!;=';;'.~'" '~'..~~~-- ~r) ~.
: .1t p ". '"
i I
.~ ':;¡ fl.
: ¡r . ~ ~~ '''''' : ~ . ..~
~ . ·LJ .
. -... ... ~
;',- ~ ~ : .. ~. . \
I .. ' "f1 N
o : . . ~
1 --./ ~__ ~.-
I ~ :
~.
! ""tl ..,. - -- -- '--:
IT-: . .. ........ .£
I ; ~ ~ ¡
¡. . :;; It. -
~! . i ..Þ . .
J ' -
. '
{. : ....... .. ,
.;". \....~.: to -,
f .
- ' ; ¡ ~ ...!
~!,.: ,- ., .
- " . 1 {
;t"¡¡ : i~
~~'J..n ..' ';: ,. --... I:;~·::· ,..,~ ;¡
<.D' !. ~~-"""ÐNINOZ .,~.,.
'; Ii I'~ ~N03S0dO~d~ -. ";:' :
.. -.. ". ...
i J;' - ,- - '- PROPOSED ~ ~ONIN~: ':;:-:: I ,: -'-~, :;~
: 1 l-, . ' ., '; Q
~ . v ! ~:!:: >
; 31 : ! J'1 :" ~ :' ,J
~ II~t ~ Y, .. ""~_ 'I' _ ,;
~ tl 'l~ , : ! q., ;L . -, ./.' - ~ - - - - 0Q
I !....:o :) ~ ~).
;:!i: .. ~.þ~ : }
I;¡:.: . t. 4 ,". ~~
-- - ,
.}.. . ¡
" i
, ' ,
';'4..~.1 oc:;:{, L"{'~"";¡S 'I,\~
~ ",-- "'. "," """
/ 1 . ._ .--;-'. r.' ~
__ ~ \\' l \ I::" ' ,!~! ('"'"
" -; . ',." , ~'\~! V ,
· ~ \ ..
~ \' ;\\ ~ ~r ~
!' .', \;~: ~i ;\
". : '; :-~.~~;. ..' - -- ~ .",-
" '. \ I \ I I \" \: , -
" ' ~"\ { ; " ;. ,\r;.
.~ >'.'\ \" ~~,\ \,'\\ :.._~.\
" "---'-'0"; \'.
g ,', . ;' 0 ,\,
- g i}'. ,'~
· '. ' " , , - ' .
~. .
· '~~~ \: .. - -' , '\
" ;;~ '.\ r....'.. , ..
,.JJ.Qt! M~CX 6t""N ,~, ?of! ... ,\\ .-\. -~ \.. ~
,..---,------ ·,00":)., \AA"Q£,é'--'E'\jN ,,"
ç ,'\ . ",~."'~1" ., ..'
. ,I C ,; ,'" '. .
8' .- .1"1 \) -}
'" " ! t', ~ \'. ' '. ,,, I. . 0'1'-:
N"~ ..... :.. ')
- . or. ~ . \. . \. \ .' ~ ~
--., - ._____... I ". ., . : \.. I-
I ¿ c-' ~ ' ~t.
~ ~'é> i t
, ,. ~'" r,
n~____,__._ ___ : I ~ ~ "0 . I~
---- ~ !.=
-. . I
': i" e '0
:_ .1.& ..,,'
<!' ,. e "" I
v(¡·,t!:vi1-Y ~!.... :,l~~.: - - 'or - ~ .00"" ~, .
~ 0··1.0 ~.
-
'. .__ __ ....... <-_Me. #
, .
.
C¡(
('II,
[ITY DF DELAA' BEA[H
DElRAY BEACH
, L 0 Ii I [) ..
trad 100 f"LVl. ~2! .~.V~¡~L.;'~ . ~=lRAY· BEACH, F~OR!DA 33444· 40ïí243~ìOOG
All-America City
'IIII! MEMORANDUM
lqq3
TO: David T. Harden, City Manager
" ,.,/"
FROM: U' Robert A. Barcinski. Assistant City Manager
SUBJECT: AGENDA ITEM # CITY COMMISSION MEETING, DECEMBER 6, 1994
FIRST READING AMENDMENT TO ORDINANCE 24-90 MEMBERSHIP
EDUCATION BOARD
DATE: November 29, 1994
ACTION
City Commission is requested to approve on first reading, an amendment to Ordinance
24-90. Section 32.26 "Composition, Appointment. Terms," and Section 32.28 "Qualification
of Members," to allow student membership to the Board.
BACKGROUND
Visions 2005 recommended the addition of voting student members to the Education
Board. The proposed amendment would allow two students between the ages of 13-18
to serve on the Committee, Students are required to be Delroy Beach residents or
attend Delroy Beach schools. Terms of office were established to coincide with the
school year. The Education Board unanimously recommends approval.
RECOMMENDATION
Approve the recommendation to Ordinance 24-90 on first reading.
6/0
RAB:kwg ~~
File:g:ogendo
Doc.:Student.mbr
® Pn'ite:' or; AfJ~yç!eé Pa;;er THE EFFORT ALWAYS MATTERS /d. ð.
.
·
ORDINANCE NO. 98-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32,
I. DEPARTMENTS, BOARDS, AND COMMISSIONS·I , SUBHEADING
"EDUCATION BOARD", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH BY AMENDING SECTION 32.26,
"COMPOSITION; APPOINTMENT; TERMS", TO PROVIDE FOR TWO
STUDENT MEMBERS ON THE EDUCATION BOARD; AMENDING
SECTION 32.28, "QUALIFICATIONS OF MEMBERS II , TO
PROVIDE FOR THE QUALIFICATIONS OF STUDENT MEMBERS;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach
desires to amend the composition of the Delray Beach Education Board
by adding student member representation to the advisory body.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title III, "Administration", Chapter 32,
I "Departments, Boards, and Commissions", Subheading "Education Board",
Section 32.26, "Composition; Appointment; Terms", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
Section 32.26 COMPOSITION; APPOINTMENT; TERMS.
The Education Board shall be composed of Jh~ý¢1i
17 J nine (9 ) regular members, two of which shall be
student members. Seven (7) regular members shall be
appointed by the City Commission for terms of two (2)
years, except that the members of the first Board to
serve shall be appointed so that three ( 3 ) members
shall serve one ( 1 ) year terms, and four (4 ) members
shall serve two (2) year terms. Their successors
shall be appointed to two (2 ) year terms. It is
further provided that no member may serve more than
two successive terms on this board. Two (2 ) student
members shall be appointed by the City Commission for
a one (1) year term and a two (2 ) year term.
respectively. except that the first student members
appointed shall serve as follows: One (1) year term
ending July 31. 1995: two (2 ) year term ending July
31. 1996. Their successors shall be a'Opointed
thereafter to full one and two year terms. No
student member may serve more than one term.
, '.
.
Section 2. That Title III, "Administration", Chapter 32,
"Departments, Boards, and Commissions", Subheading "Education Board",
Section 32.28, "Qualifications of Members", of the Code. of Ordinances
of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
Section 32.28 QUALIFICATIONS OF MEMBERS.
It is the intent, if possible, that the
membership of the Education Board shall include
members who have a background in business, real
estate, and/or education. The members of the
Education Board shall be residents of the City of
Delray Beach or shall be a person with a child or
children attending Delray Beach public schools, or
shall own property in the city and/or own or operate
a business within the city. Should a member of the
Education Board not be a resident of the City of
Delray Beach, or a property owner and/or the
owner/operator of a business within the city, and
should that member's child or children cease
attending Delray Beach public schools, then such
member shall no longer be qualified to serve on the
board. The student members shall be residents of the
City of Delray Beach or attend Delray Beach public
schools.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
I 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,
I
Section 4. That all ordinances or parts of ordinances which
I are in conflict herewith are hereby repealed.
i
Section 5, That this ordinance shall become effective
immediately upon passage.
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
- 2 - Ord. No. 98-94
.
·
OK
MEMORANDUM EYJ1
TO: DAVID HARDEN, CITY MANAGER
COMMUNITY IMPROVEMENT í~
FROM: LULA BUTLER, DIRECTOR,
RE: PROPOSED ORDINANCE IMPLEMENTING CHANGES UNDER STATUTE
FS 162 AFFECTING THE CITY'S CODE ENFORCEMENT ACTIVITIES
DATE: DECEMBER 2, 1994
ITEM BEFORE THE COMMISSION:
Consideration of adopting the proposed Ordinance No.99-9~amending
Chapter 37 of the City Code of Ordinance, governing Delray Beach
Code Enforcement.
BACKGROUND:
The Florida State Legislature adopted new rules during their 1994
seSSlon under Florida Statutes Chapter 162 and enacted by
Chapter 94-291, Laws of Florida, There are several benefits to
the City with the adoption of this ordinance. Some of these
benefits are:
- Greater discretion by the City when a violation presents
a serlOUS threat to the public health, safety and welfare,
Provides for the Code Officer to make a reasonable effort to
notify the violator and may irmnediately cause a hearing before
the board.
- A Code Officer may 1ssue a citation imrn~diately 1n the
case of a repeat violator and not allow reasonable time to
correct the violation.
- Eliminates the requirement of advertising all notices,
savlng the City approximately $10,000 per year. Allows us to
post notices for 10 days, instead on two locations, one of which
must be on the property, the other in City Hall.
- Entitles the City the right to collect all administrative
costs incurred in prosecuting the case before the board, if the
City prevails,
- Entitles the City the right to collect all costs incurred
in the recording of and filing a satisfaction of a valid lien,
RECOMMENDATION:
Staff 1S recommending City Cormnission adoption of Ordinance No,
amending Chapter 37 of the Code of Ordinances to comport with
amendments to FS Chapter 162 as enacted by Chapter 94-291 Laws of
Florida.
LB:DQ ----------~-----_._-- -,~.~~---- ----
DQ3 PoØ- ~/O
CEOrd.LB /d,(!.,.
, .
·
-----~---~------_.-
.
-.;.¡;! ~ t, 7:.e-¡,,-<C~1A--'
'\....;,;"';,., 0'",'; '.0.'.:_,' ',' ,: ..', '.';'~'
R E ,. .".., ..,C . '-.--
. ; CEIVEO
NaV 2 1 1994
[11;1 []~; DElRAY BEA[H~- CfTYMt·,·~_"",,, /.
.' } fi",." '-~-~FF'ré
',' ,d .":'~:""; ".1,- '~
'~:l~
".. ~._----._---_.._-
CITY ATTORNEY'S OFFICE 300 W A TL-\XTlC A'V,£:-,t'E ' DELRA Y BEACH, FLORiDA 33,H4
TELHHOSE 407,'243· -S23 . FACS¡ \IILE 407/243· 78 J 6
POLICE LEGAL ADVISOR
MEMORANDUM
TO: David Harden, City Manager
FROM: Eric D. Hightower, Police Legal Advisor
DATE: November 16, 1994
ST..'BJECT: Code Enforcement Ordinance
=======================================================:================
Attached for your review is a copy of the ordinance making
revisions to Chapter 37 of the Code of Ordinances. The ordinance has
been reviewed by the City Attorney's Office and Community Improvement
Director Lula Butler and was approved by both parties.
In sum, what the ordinance will do is bring Chapter 37 into
conformance with F.S. 162 in granting our Code Enforcement Division
greater power and discretion in dealing with code enforcement violations
especially with violations that pose a serious threat to the health,
welfare or safety of the community.
If you find the ordinance acceptable, please place the ordinance
on the agenda for commission approval.
Please feel free to contact me if I can be of further assistance
in this matter.
EDH/lbg ,~ ¡f
, r
'-,
c: Susan Ruby, City Attorney
Lula Butler, Director of Community Improvement
, .
~'~ ( .'~ .
" i¢;}. ; '". ~: ~~4"'~"'i
". ,:>?;-~ -i"t;-' }
" ~-,._~
~·-'-_'·ø.n·......._~~?........_.____._~ _
-,_r .. - _ ~_...~_ .. ._
_._..._-------~----~ -----'------
-- ---_._-~---- -_._-~.~----- ...
ORDINANCE NO. 99-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 37, uDELRAY
BEACH CODE ENFORCEMENT", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH BY AMENDING SECTION 37.03,
"DEFINITIONS", TO PROVIDE FOR POSTING NOTICES;
AMENDING SECTION 37.36, "INITIATION OF ENFORCEMENT
PROCEDURES", BY AMENDING SUBSECTIONS 37.36(C) AND
37.36(E), TO PROVIDE FOR AN IMMEDIATE HEARING AND
IMMEDIATE ISSUANCE OF A CITATION FOR REPEAT
VIOLATIONS; BY AMENDING SECTION 37,39, "CONFLICT OF
INTEREST; HEARING PROCEDURES", BY ENACTIl\G A NEW
SUBSECTION 37.39(J), TO PROVIDE FOR RECOVERY OF
COSTS; AMENDING SECTION 37.40, "SUBPOENA POHERS AND
PROCEDURES" , TO ALLOW FOR A METHOD OF ALTERNATIVE
SERVICE AND FOR AN INCREASED FEE; AMENDING SECTION
37.41, "DECISIONS AND ENFORCEMENT ORDERS II , BY
AMENDING SUBSECTION 37.41(F), TO PROVIDE FOR THE
RECORDING OF BOARD ORDERS; AMENDING SECTION 37.42,
"FINES FOR NONCOMPLIANCE WITH ORDERS" I BY AMENDING
SUBSECTIONS 37.42(A) AND 37.42(B), TO PROVI DE FOR
REVISED NOTICE REQUIREMENTS FOR REPEAT VIOLATORS,
AUTHORIZING THE CITY TO MAKE REPAIRS AND ASSESS THE
COST OF REPAIRS, AND AUTHORIZING THE CITY TO COLLECT
RECORDING COSTS AND COSTS FOR FILING SATISFACTION OF
LIENS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach
desires to amend Chapter 37 of the Code of Ordinances to comport with
recent amendments to Florida Statutes Chapter 162 as enacted by
Chapter 94-291, Laws of Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 37, "Delray Beach Code
Enforcement", Section 37.03, "Definitions·, of the Code of Ordinances
of the City of Delray Beach, Florida, be, and the same is hereby
amended by amending the definition of "Notice· or "Written
Notification", to read as follows:
"NOTICE" or "WRITTEN NOTIFICATION. a Notice
shall be provided .t.Q the alleged violator by
certified mail, return receipt requested, by hand
delivery, by the Sheriff or other Law Enforcement
Officer, Code Inspector or other person designated by
the local governing body; by leaving notice in the
violator's usual place of residence with any person
II
'I
·
;.\ I
("
1"- ~~'J ,
v
......:., . '- '
--. ---~-
:::=='=~-'---"=--=-~",.-=~ -----.
residing therein who is above the age of 15 years of
age and informing such person of the contents of a
notice or at the option of the Code Enforcement Board
by publication pursuant to F.S. Section 162.12(2).
In lieu of publication. such notice may be posted for
at least ten (10) days in at least two locations, one
of which shall be the property upon which the
violation is alleged to exist and the other of which
shall be at City Hall.
Section 2. That Ch2.pter 37, "Delray Beach Code
Enforcement", Section 37.36, "Initiation of Enforcement Procedures" ,
of the Code of Ordinances of the City of Delray Beach, Florida, be,
and the same is hereby amended by amending Subsections 37,36(C) and
37,36(E) to read as follows:
(C) If the Code Enforcement Officer has reason
to believe a violation or the condition causing the
violation presents a serious threat to the public
health, safety, and welfare, he shall make a
reasonable effort to notify the violator and may
immediately notify the Board and request a hearing.
(E) If a repeat violation is found, the Code
Enforcement Officer shall notify the violator but is
not required to give the viola tor a reasonable time
to correct the violation. and may immediately issue a
citation. The Code Enforcement Officer, upon
notifying the violator of a repeat violation, shall
notify the Code Enforcement Board and request a
hearing. The Code Enforcement Board, through its
clerical staff, shall schedule a hearing and shall
provide written notification to the violator. The
case may be presented to the Code Enforcement Board
even if a repeat violation has been corrected prior
to the Board's hearing and the notice shall so
indicate.
Section 3, That Chapter 37, "Delray Beach Code
Enforcement", Section 37.39, ·Conflict of Interest; Hearing
Procedures", of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended by enacting a new
Subsection 37,39(J) to read as follows:
ill If the City prevails in prosecuting a case
before the Code Enforcement Board. it shall be
entitled to recover all costs incurred in prosecuting
the case before the board.
- 2 - Ord. No. 99-94
'.
~' ~~
:, .' ," , .)
. -, ·01 .~. ,. --. '.
,:Ç"',:i~J '~'7,-,:,t:.1
.. ~7;j:J ~ ~~v
---_._-~_._- --
---------~~--
Section 4. That Chapter 37, "Delray Beach Code
Enforcement", Section 37.40, "Subpoena Powers and Procedures", of the
Code of Ordinances of the City of Delray Beach, Florida, be, and the
same is hereby amended to read as follows:
Section 37.40 SUBPOENA POWERS AND PROCEDURES.
The City, the Code Enforcement Board, or the
alleged violator may request that witnesses, records
(including surveys, plats, and other materials), and
other evidence be subpoenaed to any formal hearing.
Subpoenas ¢~~~~ ~ be served by officers of the City
Police Department or other persons desianated by tbe
~. The Chairperson of the Board shall provide the
Clerk of the Board with sufficient signed and blank
witness subpoenas to be provided to alleged violators
and the City for the purpose of subpoenaing
witnesses, records, and other evidence. The alleged
violator shall pay to the City a fee of $X7/~~ 822.00
for each subpoena issued.
Section 5. That Chapter 37, "Delray Beach Code
Enforcement ", Section 37.41, "Decisions and Enforcement Orders", of
the Code of Ordinances of the City of Delray Beach, Florida, be, and
the same is hereby amended by amending Subsection 37,41(F) to read as
follows:
(F) A IZ,Ç,ertif ied copy of a Code Enforcement
Board order ¢~~~~ ~ be recorded in the public
records of the county and shall constitute notice to
any subsequent purchasers, successors in interest or
assigns if the violation concerns real property and
the finding therein shall be binding upon the
violator and, if the violation concerns real
property, any subsequent purchasers, successors in
interest or assigns, If an order is recorded in the
public records of Palm Beach County pursuant to this
~jýj¢j¢~ subsection and the order is complied with by
the date specified in the order, the Code Enforcement
Board shall issue an order acknowledging compliance
that shall be recorded in the public records. A
¡ hearing r¢t before the Code Enforcement Board is not
, required to issue a Board order acknowledging
compliance,
- 3 - Ord. No. 99-94
!
.
.
/
( (
{ '-
-'--
--_._--_.~_.- ._----.-_. ----
.-
Section 6. That Chapter 37, "Delray Beach Code
Enforcement", Section 37.42, "Fines For Noncompliance with Orders", of
the Code of Ordinances of the City of Delray Beach, Florida, be, and
the same is hereby amended by amending Subsections 37.42(A) and
37.42(B) to read as follows:
(A) The Code Enforcement Board, upon
notification by the Code Enforcement Board Officer
that an order of the Board has not been complied with
by the set time or, upon finding that a repeat
violation has been committed, may order the violator
to pay a fine in an amount specified in this section
for each day the violation continues past the date
set by the Enforcement Board for compliance or in the
case of a repeat violation, for each date a repeat
violation continues pšå¢j! /j!~¢ /9.šåY-¢ /¢?- /Ø¢j!; /j!¢ /j!~¢
ýf..¢J.Ø,j!¢t /¢t /t~¢ /t¢p¢Ø,j! /ýf..¢J.ø.t;ï¢'f¿ beginning with the
ªªte the repeat violation is found to have occurred
by the code inspector. After the finding of a
violation or repeat violation has been made as
provided in this part, a hearing shall not be
necessary for the issuance for the order imposing the
fine. A fine imposed pursuant to this section shall
not exceed $250.00 per day for the first violation
and shall not exceed $500,00 per day for a repeat
violation. In addition, if the violation is a
violation described in Section 37.36(C). the Board
shall notify the City which may make all reasonable
repairs which are required to bring the property into
compliance and charge the violator with the
reasonable cost of the repairs along with the fine
imposed.
(B) A certified copy of an order imposing a
fine may be recorded in the public records and
thereafter shall constitute a lien against the
property upon which the violation exists and upon any
other real or personal property owned by the
violator, A lien arising from a fine imposed
pursuant to this section runs in favor of the City
and the City may execute a satisfaction or release of
lien entered pursuant to this section. The City
shall be entitled to collect all costs incurred in
the recording of and filing a satisfaction of a valid
lien, Upon petition to the circuit court, such order
may be enforced in the same manner as a court
judgment by the sheriffs of this state, including
- 4 - Ord. No. 99-94
"
,."
('~: ("c..
.- '.
......,_r' ,
------------_._-----~--- __.____"_..______~~~___c~~~-~------·--
-----_.._-------~- -----
-
levy against the personal property, but shall not be
deemed to be court judgment except for enforcement
purposes.
Section 7. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 8, That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed,
Section 9, That this ordinance shall become effective
immediately upon passage,
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1995.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 5 - Ord. No. 99-94
.
. 01\.
ß?1
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW Isl A\'E~lJE . DEL",.'>.\, BEACH, FLORIDA 33~~~
fACSIMILE 40ìi2ïB·4755 Wri ter I s Direct Line
DElRAY BEACH (407) 243-7091
f loa I D "
tKftd MEMORANDUM
All,America City
1 (III!DATE: December 2, 1994
1993 TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Ordinance No. 95-94 - Police and Fire Pension Plan
Modification
The police and fire pension plan is modified to cover the IRS
Code requirement encompassing the rollover and 20% withholding
rules from the Unemployment Compensation Act which added
Section 401(a)(31) to the IRS Code.
This amendment does not specifically mention the benefits
limitations of Section 415 or the Distribution Rules of Section
401(a) (9) of the IRS Code, because the pension ordinance
encompasses these sections by incorporating relevant sections
of the IRS Code.
s&/
Attachment
cc: David Harden, City Manager
Joseph Safford, Director of Finance
Pa.oouQ. I :s-r ~ 5-0
® Dr,1'e~ ,'~ Rð '''~'('1 Pa~e' J~ ,0,
, . '-, - . ~ ~.-, -0 k!
'.
.
"
. .-.. '".
....... ...,.......
ORDINANCE NO. ~-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE
DEPARTMENTS" , SUBHEADING "PENSIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
CREATING A NEW SECTION 33.70, "DIRECT TRANSFERS OF
ELrGIBLE ROLLOVER CONTRIBUTIONS" i PROVIDING A SAVINGS
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the U.S. Unemployment Compensation Amendments Act of
1992 requires all qualified retirement plans, including governmental
plans, to adopt specific provisions regarding the transfer of eligible
rollover contributions effective January 1, 1993; and
WHEREAS, the Ci ty of Delray Beach desires to maintain the
qualified status of its employee retirement plans; and
WHEREAS, the plan actuary has determined that this ~mendment
will have no actuarial impact on the plan;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That a new section 33-70, "Direct Transfers of Eligible
Rollover Contributions", is created to read as follows:
Sec. 33-70. ~irect transfers of eliqible rollover d~st~ibut1ons.
1Al General. This section applies to distrib~tions made on or after
January 1. 1993, Notwithstandin9 any provision of the system to the
contrary that would otherwise limit a distributee's election under this
section, a distributee may elect. at the time and in the manner
prescribed by the board. to have any portion of an eliqible rollover
P-ðid directly to an eliQible retirement plan specified bv the
distributee in a direct rollover.
(b) Definitions
1.ll .Eliqible rollQver distribution. An eliaible rol1Qver
distribution is any distribution of all ðr any portion of the
balance to the cred;i.t of the distr;i.butee. except that an
eliaible rollover distribution does not include: any
distribution that is one of a series of substantially equal
periodic payments (not less frequently than annually) made for
life Cof life e~pectðnCY) of the distributee or the ioint lives
(or ioint life expectancies) of the distributee and the
----------.--..-.. ---------
. .
. .-.. ,. ~
~'
-",\ ...,.... ...
distributee's desiqnated beneficiary, or for a specified pe~ioð
of ten (10) years or more; any distribution to the extent such
distribution is required under section 401(a)(9) of the Internal
Revenue Code; and the portiQn of any distribution that is not
includable in gross income. .
Uì Eligible retirement plan. An eliqible retirement plan ),5 an
individual retirement account described in section 408(a) of the.
Internal Revenue Code. an individual retirement annuity
described in section 408(b) of the Internal Revenue Code. an
annuity plan described in section 403(a) of the Internal Revenue
Code, or a qualified trust described 1n section 4Q1{a) of the
Internal Revenûe Code, that accepts the distributee's eligible
rollover distribution. However. in the case of an eliQible
rollover distribution of the sûrvivino spouse, an eliqible
retirement plan is an individual retirement account or
individoal retirement annuity,
illDistr!Q\)t~e. A di;:;tx;:tþutee includes an employee or former
empJ.ovee. In addi tion, the employee's or former employee I s
survivinq spouse ~e distributee¢ with regard to the interest
of the spouse. v), 0-- '
1!l Direct rollover. A direct rollover is a þayment bv the plan to
the Qli~ible r~çi~em~nt nlan specified b; the distributee,
. Section ~. That should any section or provision of this
ord1nance or any portion thereof, any paragraph, sentence or word be
dec~a::ed by a court of competent jurisdiction to be invalid such
dec1s10n shall not affeot the validity of the remainder hereof as a
whole part thereof other than the part declared to be invalid.
1993. Section 3. That this ordinance shall take effect On January 1,
PASSED AND ADOPTED . 1 .
this the da f1n regu ar seSSlon on second and final reading on
yo, 1994.
MAYOR
Attest:
City Clerk
First Reading:
Second Reading:
DB28PEN.ORD
---~___~___ 2
'.'I I '
.
. . ¿ ~
~,.v\
tlTY DF DELARY BEAtH .~~
~~~~~t~~
C. tTV AßORNEY'S 0, cC'*"'C zoo NW ISI AVE:-iUE . D[LK,~" GL\CH. fL,ORIDA 3344:
i. i :I.J),. FACSIMILE 407/278-4755 Wr 1. ter' s Dlrect Ll.ne
D~LRoA~B,EAPt (407) 243-7091
tdtd'
All-America City MEMORANDUM
, , III !DATE: December 2, 1994
1993 TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Ordinance No. 96-94 - Modification to the General
Employees Pension Ordinance
The attached ordinance includes a modification requested by our
actuary to use blended rates (male and female) in the 1983
Group Annuity Mortality Table to determine actuarial equivalent
amounts and to codify our existing policy of assuming a normal
form benefit in a single life annuity as the basis upon which
other options are calculated when a retiree chooses a
beneficiary other than a spouse. An actuarial impact statement
is not necessary for these changes.
In addition, the ordinance reflects Internal Revenue Code
provisions which are to be included in every qualified plan.
These provisions are benefit limitations of Section 415,
distribution rules of Section 401(a) (9) and rollover and 20%
withholding rules from the Unemployment Compensation Act which
added Section 401(a)(31) to the IRS Code.
~/)/l
\-/ 1)
SAR1ci
Attachment
cc: David Harden, City Manager
Joseph Safford, Director of Finance
p~ 6,0
.- -----" - ~~~----~- ~-
® Printed on Aecyr::!ed P;,::er ) ~ . E. ,
.
.
. ' ,
.._-If' .....
.. -..
- ..--
...' ...,....
(
ORDXNANCE NO. 96-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES
AND BENEFITS" , "RETIREMENT PLAN" , OF THE CODE OF
ORDINAtiCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 35.089, "DEFINITIONS II, TO CLARIFY THE
DEFINITION OF II ACTUARIAL EQUIVALENCE"; AMENDING SECTION
35.091, "RETIREMENT INCOME; BASIS, AMOUNT AND PAYMENT"
TO REFLECT THE NORM~L FORM OF BENEFIT AS A SINGLE LIFE
ANNUITY; CREATING A NEW SUBSECTION 35.097(J), "MAXIMUM
PENSION"; CREATING A NEW SUBSECTION 3S.091(K),
"COMMENCEMENT OF BENEFITS"; C~EATING A NEW SUnSECTION
35.097(L), "DISTRIBUTION OF BENEFITS"; CREATING A NEW
SUBSECTION 35.097(M), "DIRECT TRANSFER OF ELIGIBLE
ROLLOVER CONTRIBUTIONS"; PROVIDING A SAVINGS CLAUSE;
PROVIDING AN EFFECTIVE DATE.
.
( .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1 . That Section 35.089, "Definitions",
Subsection (A) , "Actuarial Equivalence", is amended to read as
follows:
(A) "Actuarial (actuar1ally) equivalence (equivalent)" means
equality in value of the aggregate amounts expected to be received
under different forms of payment:. Actuarial equivalent amounts
under the plan will be determined utilizing the 1983 Group Annuity
Mortality Table, blended for males and females. with interest at
seven percent (7%), where the participant's 8ge shall be set back
one year and the beneficiary's age shall be set back four years
regardless of gender. However, in the event of plan termination,
actuarial equivalence will be based upon the interest and mortality
assumptions prescribed by the Pension Benefit Guaranty Corporation
for plan terminations in effect on the actual date of plan
termination.
Section 2. That Section 35.097, "Retirement Income;
Basis, Amoun t, and Payment", Subsection (A), "Normal Retirement
Income", is amended to read as follows:
( 1 ) Amount of normal retirement income. The amount of
( retirement income payable to a participant who retires on or after
his normal retirement date shall be an amount equal to two and one-
.
.
..-'" ...-
...._.
. ,... ,.. ..
baIf percent (2.5%) of f:l.JJª-lJJ1ont.hly compensation multiplied by )
credited service, expressed in years and tenths of a year, up to
a maximum of thirty (30) years. A participant who has attained the
age of sixty and retires with five (5) or more years of credited
service, but less than ten (10) years of credited service, shall
be entitled to monthly retirement income in an amount equal to two
and one-half percent (2.5%) of final monthly compensation
multiplied by credited service expressed in years and tenths of a
year, multiplied by the participant's vested percentage as set
forth in Sec. 35-091. The normal form of benefit is a sinqle life
annuit.y.
(2) Payment of normal retirement income. The monthly
retirement income payable in the event of normal ret.irement will
be payable on the first day of each month. The first payment will
be made effective on the participant's normal retirement date (or
on the first day of the mont.h following actual retirement, if
later), and shall be continued thereafter during the participant's
lifetime, Upon t.he participant's death the same monthly benefit
shall be continued to his or her spouse for one year, and sixty
percent. (60%) of that amount shall be continued to the spouse
thereafter until the earlier of the spouse's deat.h or remarriage.
Section 3. That a new Subsection 35.097 (J) , "Maximum
Pension", is created to read as follows:
(J ) Ma?Cimum Pension. )
1 . Basic Limitation,
Subiect to the ad1ustments hereinðfter set forth, the
ffiÈ~imum amount of annual retirement income payable with respect to
a member ung~f ~his Plan not exceed the lesser of:
A.... $~O,OOO, or
h.... one-hundred percent (100%) of lhe member's averaqe
aqqreqale Compensation for the thr~~ consecuti ve
calendar years durina which he was an active member
jind had his hiahest aqqrectate comDensation.
"CompenSGitionll shall mean the member's total annual
Ãernuneration paid or accrued for personal services
rendered to the City dUTing the ~lan Year as
reported on the member's W-2,
For purposes of applyinq the above liroitation. Benefits
payable in any form other than Q straiaht life annuity with no
ancillary benefits shall be adiusted, as provided bv Treasurv
Requlations. so that such beneftt$ are the Actu~ri~l Equivalent of
a straight:. life annui ty. For purposes of this Section, the
followinq shall not be taken into account:
~ any ancillary benefit which is not directly related
to retirement income benefits;
Ih any other benefit not required under ~415(B)(2) of
the Internal Revenue Code and Requlations thereunder
tQ be taken inlo account for purposes of the
2
.
.
.._ or 0"_
....-.
. "---
.... ....,.. r
( limitation of §415(b)(1) of the ¡qternal Revenue
Code.
L. Participation in Other Pefined Benefit Plan.
The limitation of this section wi th respect t.o any mem.be.r
who at any time has been a member in any other defined benefit Plan
(as defined in §414(j) of the ¡nternal Revenue Code) maintained by
the City shall apply as if the total benefits payable unðer all
defined benefit Plans in which t.he member has been a member were
payable from one Plan.
h ~djust.ment.s in Limit.ations.
;In the event the member's retirement benefits become
payable before aae sixty-two (62), the 590.000 limitation
presoribed by this Section shall be reduced in accordance wi th
ReQulations issued by the Secretary of the TreasurY pursuant to
the provisions of ~415Cb) of the Internal Revenue Code. but not
less than $75.000.
In the event the member's r~~irement benefit becomes
payable before aQe fifty-five (55), the $75.000 limitation shall
be reduced from aQe fi~t.y-five (55) in accordance with Regulations
issued by the Secretary of the Treasury pursuant to the provisions
of &415(b) of the Internal Revenue Code. A Member with at least
fifteen ( 1 5 ) years of credited service may not have the benefi t
reduced below $50.000.
If the member's retirement benefit becomes payable after
sg~ ~ixtv-five (65). for þurposes of Q!il,temininq whether this
benefit meets the limitatjon set forth in subsection 1 herein, such
ÈftD.êLLt shall be ad:iurl~..<L'§JLt.QÂJ..JJ,_..i~ ~ctuarially made usino an
\ assumed interest rate of five percent' (5%) ~np shall be made in
accordance with the reaulations promulgated by the ~ecretary of the
~reasury or his deleaate.
L Less than Ten Years of Service
Tne maximum retirement benefits payable under this
Section to any member who has completed less than ten ( 1 0 ) years
Df Credited Service with the Citv shall be the amount determined
YJ1.ð-ª-L-p-araaraph A of lht~.._s..~ç1:j.PO, f!IµXt;.i'p';lJ~ª_Qy a fraction the
n\]merator of which is the number of the member's years of Credited
Service and the denomin~tor of whjch is ten (10).
h $10,000 Limit
Notwithstandina the foreqoinQ. the retirement benefit
payable with respect to a member shall be deeme~ not to exceed the
¡imitations set forth in this Section of the benefits payable with
respect to such member under this Plan and under all other
Qualified defined benefit pension Plans to which the City
contributes do not exceed $10.000 for the applicable Plan Year and
for any prior ~lan Year and the City has not at any time maintained
ê aualified defined contribution Plan in which the member
particiþated.
b. Member in Defined Contribution Plan.
In any ca~e where a member under this plan is also a
member in a "Defined Contribution Plan" as defined in ~414(i) of
the Internal Revenue Code. maintained by the City. the sum of the
"Defined Benefit Plan Fraction" and t.he "Defined Contribution Plan
. 3
'.
·
-.-.. ....
... ._-
.,,, "'... .-
Fraction" (both as defined in ~415(e) of th'ë Internal ReoY.~nue Code) )
shall not. sub1ect to the restrictions and exceptions «ontained in -
§2004 of the Employee Retirement Income Security Act of 1974, as
amended. exceed 1.0.
~ Reduction of Benefits.
Reduction of benefits and/or contributio~s to all plans,
where reauired. shall be accomplished by first re4µcino the
member I S benefi t \lnder any defined benefi t Plans in which h~
participated. such reduction to be made first with respect to the
Plan in which he most recently accrued benefits and thereafter 1n
such priority as shall be determined by the Trustees of such other
Plans, and next. by reducino or allocatina excess forf~itures for
defined contribution Plans in which the member participated, such
reduction to be made first with respect to the plan in whioh he
most recently accrued benefits and thereafter in such priority as
shall be esta.blished by the Trustees for such other provided,
however I that necessary reductions may be made in a different
manner and priority pursuant to the aQreement of the Trustees o~
all other Plans cover1na such member.
~ Cost-of- Livina Ad1ustments
The limitations as stated in subsections 1. 2. 3. and 6
her.ein shall be að1usted to the time payment of a b~nefit beqins
in accordance with any cost-of-liv1na adjustments prescribed by the
Secretary of the Treasury pursuant to §41 5 ( d) of the Internal
Revenue Code,
~ Additional Limitation on Pension ßenefits.
NotwithstandinQ anvthina herein to the contrary: .
~ rþe normal retirement benefit or pension payable to I
a retiree who becomes a member of the Plan and who
has not Qreviously participated in such Plan. on or
ðfter January 1. 1980. shall not exceed 100 percent
of h~saveraae final compensation. Ho~ever. nothina
contained in this Section shall applY to
supplemental retirement benefits or to pension
increases attributable to cost-of-livina increases
or aðiustments,
~ No member of the ~lan who is not now a member of
such Plan shall be allowed to receive a retirement
þenefit or pension which is in part or in whole
based upon any service with respect to ~hich the
mem~er is already receivlnQ, or will reoeive in the
future, a retirement benefit or pension from another
retirement plan or system. This restriotion does
not apply to social seourity benefits or federal
benefits under Chapter 67. Title 10. 9.8. Code.
Section 4. That a new Subsection 35.097 (1<), "Conunencement of
Benefits", is created to read as follows:
(K) Com~~pcement of Benefits.
l. Unless the member otherwise elects. w~th such election
beina in writina ang to the Trustees and speçifvin9 the form of
4
I
'.
,
.._"r ..._
.. ._~.
.,. ," .
( ¡-etirement income and date on wh:l.ch the i'etirement income is t.o
commence, the payment b~nefits under the Plan to the member shall
commence not later than the 60th day after the close of the Plan
Ye8r in which the latest of the followlna events occur:
~ the attainment of the member o( aae 65:
~ the 10th anniversary of the date on whioh the member
commenced participation in ~he Plan: or
~ the termination of the member's seryice with the
City,
~ If the payment of a member's retirement income cannot
beain on the date required under subsection 1 of this Section
because the Trustees ei ther cannot ascertain the awount of the
member's retirement income or can~ot locate the member after makinq
reasonable efforts to do so, the payment of the member's benefit
shall bea!n not later than sixty (60) days after the date on which
the amount can be ascertained or the member is located. whichever
is applicable. Any such payment shall be made retroactive to a
date which is not earlier than the date on which the payment of the
member's benefit was scheduled to begin but which is not later than
the date specified under subsection 1 of this Section.
Section S. A new subsection 3S. 097 (L), "Distr ibution of Benef! ts" I
1s created to read as follows:
(L) Distribution of Benefits.
Nat.withstandinç¡ any other provision of this p.1,an to the
contrary, a form of retirement income p.ðvable from this Dlån after
the ßffective date of this ordinance. sball satisfy the following
condjtjons:
L... If any retirement income i5 payable before the member's.
death.
~ It shall either be distributed or commence to the
member not laler than April 1 of the calendar year
followinQ the later of the ca]endar year in which
th~ ijlember attains aae seventy and one-half 170-1 /2)
years or the calendar Year in which he retires.
~ The distribution shall COmmence not later than the
calendar year defin~9 1n DaraQraph A above and (1)
shall be paid over the life of the member or over
t~~ lifetimes of the member and his spouse. issue
or dependent, or (2) shall be paid over tbe period
extendiog not beyond the life expectancy of the
me~Qer and his spouse. issue or dependent.
Where a form of retirement income payment bas COmmenced
in accordance. with the precedina Daraaraphs and the memb~r åies
he fore his entire interest in the Plan has been distribut.ed. the
remaininq portion of such interest in the Plan shall be distributed
no less rapidly than under the (Qrm of distribution in effect at
the time of the member's death.
~ If the member's death ocours before the distribution of
his interest in the Plan has commenced( his entire interest in the
Pl~n shall be distributed withi~ five years of his death. unless
( 5
.
.
.._ -r ..._
i t is to be distributed in 8ccordance w1 th,,~the followina rules:
~ The me þer I s remainina interest in the Plan is
payable to his spouse, issue or dependent;
1L. The remainina interest is to be distributed over
the life of the spouse. issue or dependent o~ ov~r
ª period not extendina beyond the life expectancy
of the spouse, issue or depend~nt; and
~ Such distribution beQins wi thin one year of the
~ember's death unless th~ ~emÞ~r'~ spousel issue or
dependent shall receive the ~~mainina interest in
which çase the distribution need not beain before
the date oq whicb the member wou}~ have attained aae
ßeventv and one-half (70-1/2) yearSI and if the
spouse, issue or dependent dies before the
distribution to the spouse. issue. or dependent
beqins. this Section shall be applied as if the
spousal issue or dependent were the Plan member.
~ection 6. A new subsection 35,097 (M), "Direct Transfers
of Eligible Rollover Contributions" I is created to read as follows:
(M) Direct transfers of eliqible rQllover distributions.
~ General. This section applies to distributions made on
or after January 1, 1993. Notwi thstandinQ any provision of the
SY~tem to tþe contrary that wou19__Qtherwise limit a-9istributee' S
e) ectiorLY.D.~~.:r._tJr;L~LJi~t;ion.,~~ª~Q!..êl!:..tþutee may elect, at the time
and in the manner prescribed,bv the board. to have anY portion of
än eliQible rollover paid directly to an eli91b¡e retirement plan
specified by the distributee !n a direct rollover.
(b) Definitions
ill Eligible rollover dt~tribution. 1\D eliaible rollover
ðistributioo is any distrj,bution of all ar any portion
of the balance to the credit of the distributee. except
that an eligible rollover distribution does not include:
þpy distributio~ tþat is one of a s~¡1e~ of substantially
equal periodicoavments (not les~ frequently than
annuallY) made for life (of life exoectancy) of the
distributee or the ioint lives "z,' (or ioiot life
expectancies) of the distributee and the distributee's
desiqnated benefiolarv, or for a speoified period of ten
( 1 0) years or mot'e: any distribution to the extent such v
distribution is required under section 401(a)(9) of th~
Internal Revenµ~ Code: and the Dortion of any
distribution that is not includable in qross income.
111 Eliqible retirement plan. An eligible retirement plaq
is an individual ~etirement account described in section
408(a) of the Interpal Revenue Codal an individual
retirement annuity described in section 408(b) of th~
Internal Revenue Code. an annuity plan described in
section 403(a) of the Internal Revenue CQdel or ~
qualified trust described in section 401(a) of the
6 '
)
.
. .
.
..-'~ .-.-
... -..
Internal .,~ ,. .. the distributee's
Revenue Code. that acéepts
eliQibîe rollóver distribution. Howeverl in the case of
an eliqi.ble rollover distribution of the surviv:lna
spousal an e11Qible r~tirement plan !s an individual
retirement account or individual retirement annuity.
1..ll Distributee. 1\ distributee includes an employee or
former employee. :tn addition. the employee's surYivinq
spouse is a distributee with reaard to the interest of
the spouse.
1.U Direct ¡:ollover. A direct rollover is a payment bY the
plan to the eliaible retirement plan specified by the
distributee.
Section 7. 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 part thereof other than the part declared to be invalid.
Section 8. That, except as otherwise provided in the
ordinance, this ordinance shall take effect upon adoption.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1994.
MAYOR
Attest:
City Clerk
First Reading:
Second Reading:
( 7
.'
.
COMMENTS FROM CITY COMMISSION REGULAR MEETING
DECEMBER 6, 1994
11. Comments and InQUiries on Non-Aqenda Items from the
Public Immediately followinq Public Hearinqs.
11.B. From the Public.
II.B.l. Spencer Pompey, asked for Commission support regarding
the need for building new schools east of I-95.
11.B.2. Jerry Marshall, Woodlake, stated even though the inner
walkway next to the sidewalk north of Atlantic Avenue on A-I-A
was repaired, it needs to be fixed again. Mr. Marshall stated
the sidewalk appears not to have been fixed very well the first
time and suggested replacing the concrete.
11.B.3. Patrick Blake, 1630 Catherine Drive, asked that a
Police investigation be re-opened on his complaint regarding a
Delray Beach Police Officer's behavior towards his son. He
recounted the detrimental effects this incident has had on his
son and his dissatisfaction with the results of an Internal
Affairs investigation.
11.B.4. Helen Coopersmith, expressed concern about annexing
west of Military Trail when the City still has unincorporated
pockets in the City limits.
11. B. 5. Jean Beer, expressed concern about the thousands of
gallons of oil that spilled from an oil tank at the Mazda
dealership earlier today and which ran into the sewer drain and
then into the canal.
Ms. Beer asked Commission to consider looking into why
the Federal Highway drains are going straight into the canal, and
that the ordinances be reviewed regarding responsibility for
clean-up, etc.
The public hearing was closed.
.
.
~
13. Comments and Inquiries on Non-Aqenda Items.
13.A.1. Mr. Ellingsworth distributed a note advising the
Commission of his recommendations for upcoming Board
appointments.
Mr. Randolph had no comments or inquiries.
Mrs. Smith stated she is delighted with the new
flagpole at Veterans Park.
Dr. Alperin had no comments or inquiries.
13.B.1. The City Attorney reported that the County Commission
has agreed to transfer the Catherine Strong Center to the City,
and had also approved the lease for the Morikami well fields.
13.C.1. The City Manager stated the County Commission has
appointed Joe Weldon to the Natural Areas Management Advisory
Committee representing local government recreation programs for a
one year term.
-2-
.
.
{~~'¡ {¿:'- t~
[IT' DF DELRAY BEA[H
DELRAY BEACH
f I 0 . I 0 ...
td.'td 100 N,W, 1st AVENUE· DELRAY BEACH, FLORIDA 33444·407/243-7000
AJI'AmericaCity
, 'III! MEMORANDUM
1993
TO: Mayor and City Commission
FROM: Kenneth C. Ellingsworth, Deputy Vice-Mayor
SUBJECT: BOARD APPOINTMENTS
DATE: December 5, 1994
Code Enforcement Board:
Mrs. Athalone Brailford has done a good job filling an
unexpired term on this board. Unfortunately, a recent
illness in the family has caused her to miss the last few
meetings. In talking with Mrs. Brailford, she indicated that
she can now fulfill meeting requirements and wishes to
continue on the board. I recommend her reappointment.
Downtown Development Authority:
I suggest the appointment of Mrs. Meg Eaton. Mrs. Eaton has
owned a business on the beach side for a number of years, and
would provide additional representation from this area
recently made a part of the DDA.
Unfortunately, I will miss the last meeting of the year. It's
been an honor and pleasure working with you during 1994. Please
accept my most sincere wishes for a safe and happy holiday.
KE:mld 4/ J
~~Iq . ~
Vi v#..µÞ
P~~~~.
11tfl ~ 19. l3Iq~
~
~ Printed on Recycled Paper THE EFFORT ALWAYS MF.TTE!=:~;
.