07-27-93 Regular
'.
~ DElIlAY BEACH
.....
CITY OF OELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING
AI n uClly
JULY 27. 1993 - 6:00 P.M./PUBLIC HEARING 7:00 P.M. , 1111:
COMMISSION CHAMBERS
1 qq 3
The City shall 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 activity conducted by the City. Please contact Doug
Randolph, (407) 243-7127, at least twenty-four (24) hours prior to the
program or activity in order for the City to reasonably accommodate
your request.
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments
with the order of presentation being as follows:, City Staff, public
comments, Commission discussion and official action. City
Commission meetings are business meetings and the right to limit
discussion rests with the Commission. Generally, remarks by an
individual will be limited to three minutes or less (10 minutes for
group presentations). The Mayor or presiding officer has descretion
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 f rom the Public:
Any citizen is entitled to be heard concerning any matter
within the scope of jurisdiction of the Commission under this
section. The Commission may withhold comment or direct the
City Manager to take action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item
under these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
individuals wishing to address public hearing or non-agendaed
items should sign in on the sheet located on the right side of the
dais. If you are not able to do so prior to the start of the
meeting, you may still address the Commission on an appropriate
item. The primary purpose of the sign-in sheet is to assist staff
with record keeping. Therefore, when you come up to the podium to
speak, please complete the sign-in sheet if you have not already done
so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please
step up to the podium and state your name and address for the
record. All comments must be addressed to the Commission as a body
and not to individuals. Any person making impertinent or
slanderous remarks or who becomes boisterous while addressing the
Commission shall be barred by the presiding officer from speaking
further to the Commission unless permission to continue or again
address the Commission is granted by majority vote of the
Commission members present.
'.
"
City Commission
Regular Meeting
7/27/93
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 or hearing, such persons will need a record of these
proceedings, and for this purpose such persons may need to ensure that
a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. The
City does not provide or prepare such record.
AGENDA
/1. Roll Call.
yl2. Invocation.
)3. Pledge of Allegiance to the Flag.
vf4. Agenda approval.
Action: Motion to approve.
fi. Approval of Minutes:
Regular Meeting of July 13, 1993
6. Proclamations: None.
7. Presentations: None.
8. Consent Agenda: City Manager recommends approval.
/A. REOUEST FOR WAIVER OF LANDSCAPE REOUIREMENTS/SURLES
COMMERCIAL BUILDING: Approve a request for waiver of Land
Development Regulation Section 4.6.16 (H) (3) (e) for the Surles
Office Building, located north of N.E. 1st Street on the west of
of N.E. 4th Avenue, in conjunction with a modification to their
site plan. Site Plan R!View and Appearance Board recommends ~
approval ~~ ~ n.i;)l~SS" I}$.. ~rrR+m€O III #...L .Die-~Io~ 's doCunt '
m eme> Ou-m ,
B. AGREEMENT WITH THE KIWANIS CHARITIES. INC. : Approve an
agreement between the City and Kiwanis Charities, Inc. for the
establishment of a bank account into which the Kiwanis will
deposit funds to help pay for the Veterans Park Playground
project.
~ AUTHORIZATION TO APPEAL FINAL JUDGMENT: Authorize the City
~'0\ torney to appeal final judgment with rih:ard to forfeiture of
property located at 17 N. W. 5th Avenue. W/ dt:l1UJ() - 0JuE.. -10 ~
D. AUTHORIZATION TO SUBMIT GRANT APPLICATION/COMMAND RESPONSE
VEHICLE: Authorize staff to submit an application for matching
grant funding (75%-25%) from the Department of Health and
Rehabilitative Services, Office of Emergency Medical Services to
be used to purchase a Command Response Vehicle.
-2-
'.
City Commission
Regular Meeting
7/27/93
E. AUTHORIZATION TO SUBMIT GRANT APPLICATION/PALMPAD DATA
COLLECTION SYSTEM: Authorize staff to submit an application for
matching grant funding (75% - 2 5%) from the Department of Health
and Rehabilitative Services, Office of Emergency Medical Services
to be used to purchase a Palmpad Data Collection System. The
CityJs match ($9,117.50) is available in Special Project Fund -
Reserve for Fire Rescue (Account No. 115-0000-248-64.00).
IF. RENEWAL OF TRAINING AGREEMENT WITH PALM BEACH COUNTY SCHOOL
BOARD: Renew the annual agreement with the Palm Beach County
School Board for the period July 1, 1993 through June 30, 1994
for vocational educational programs through South Technical
Education Center.
jG. SERVICE AUTHORI ZATION 1.2 IDIGBY BRIDGES. MARSH AND
ASSOCIATES. P.A.: Consider a service authorization in the amount
of $5,330.39 for addi tional consulting services in conjunction
with the Tennis Center/Stadium project; with funding from General
Construction Fund - Tennis Center/Stadium Phase I (Account No.
334-4145-572-63.41).
/ H. CHANGE ORDER NO. 1 AND REOUEST FOR FINAL PAYMENT/BEACH
RENOURISHMENT: Approve a change order in the amount of
$94,200.96 which represents the adjustment for final fill
quantities and a request for final payment in the amount of
$72,406.71 from Great Lakes Dredge and Dock Company for
completion of the Beach Renourishment project; with funding from
Beach Restoration Fund - Recreational Improvements (Account No.
332-4164-572-63.40).
viI. AWARD OF BIDS AND CONTRACTS:
1. Auctioneering Services - Jim Graham, Inc. Auctioneers-
Brokers, at a fee of 1.9% of gross receipts.
2. Computerized Irrigation Systems - Parks and Recreation -
Hector Turf in the amount of $50,000 with funding from General
Construction Fund - Landscaping (Account No. 334-4170-572-63.20);
pending budget transfer from Decade of Excellence Bond Issue
interest.
3. Rental Rehabilitation - 307 N.W. 2nd Street - Preston
Construction Company in the amount of $17,920 (City's share
$9,420), with funding from Community Development Block Grant -
Housing Rehabilitation (Account No. 118-1975-554-49-19).
/' J. SETTLEMENT OFFER: Approve an offer of settlement in the
amount of $500, which includes all attorneys fees and costs, to
settle Bowens vs. the City of Delray Beach.
9. Regular Agenda:
-/ A. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS
BOARDS: Consider accepting the actions and decisions made by the
Planning and Zoning Board, Site Plan Review and Appearance Board
-3-
'.
"
City Commission
Regular Meeting
7/27/93
and the Historic Preservation Board during the period July 12,
1993 through July 23, 1993.
\ ~ B. APPEAL Q~ P~NNING ANQ ~9N~N~ Q.~~~IO~'~ Q~~..ION, Consider
0~~~an appeal of the Planning and Zoning Director's decision to deny
V ~ the site plan for the Florida Inland Navigation District (FIND)
~~~ mitigation site associated with The Anchorage project.
~V ~ j APPROVAL OF ROAD CPNS'rllll~UQtI .MlREEMStlI~ WITH WILLIAM SWAIM
D ND ASSOCIATES: Consider approving road contruction agreements
t}& ~ with William Swaim and Associates for Palm Trail and N. E. 8th
Street.
~. MODIFICATION OF STANDARDS: Consider a request for
odification of the standards to place a boat lift 17.5 feet from
the bulkhead at 3240 Jasmine Drive. City Engineer recommends
approval.
~ BENCHES AND TRASH RECEPTACLES IN THE DOWNTOWN AREA: Consider
ssuming maintenance responsibility for benches and trash
receptacles located in the Downtown area.
~ APPOINTMENTS TO THE GENERAL EMPLOYEES RETIREMENT COMMITTEE:
point two members to fill the vacancies caused by the
resignations of Nancy Roti and LeRoy Croft.
~ APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint a
ember to fill the expired term of Anne Bright to a term ending
July 1, 1996.
~ APPOINTMENTS TO THE EDUCATION BOARD: Appoint three members
fill the expired terms of Kathryn Sloan, Linda L. Cochran and
Deborah Wright to terms ending July 31, 1995.
~ CONSIDERATION OF BID AWARDS/POMPEY PARK AND COMMUNITY CENTER
ROOFING PROJECTS: This item is before you to consider
alternate bid items, approve funding sources and award the bids
for the Pompey Park and Community Center projects.
J. INITIAL PRESENTATION OF FY 1993/94 BUDGET.
10. ~ ?--~ g~E- ADD810um)
l~c ear ngs:
A. COMMUNITY DEVELOPMENT BLOCK GRANT PROPOSED 1993-94 STATEMENT
OF OBJECTIVES: Conduct public hearing on proposed expenditure of
CDBG funds for fiscal year 1993-94. City Manager recommends
approval.
B. ORDINANCE NO. 44-93: An ordinance annexing the Taheri
property located on the east side of Military Trail, south of
Linton Boulevard, north of the Del Aire subdivisionj with initial
City zoning of AG (Agricultural).
C. ORDINANCE NO. 45-93: An ordinance correcting the zoning
classification for the Palm Trail Medical Building located at 909
-4-
'.
,.
City Commission
Regular Meeting
7/27/93
N.E. 9th Avenue from RM (Multiple Family Residential - Medium
Density) to POD (Professional Office District).
11./Comments and Inquiries on Non-Agenda Items from the
Public-Immediately following Public Hearings.
IA. City Manager's response to prior public comments and
inquiries.
fl. From the Public.
12. First Readings:
~ ORDINANCE NO. 47-93: An ordinance rezoning property
ssociated with Mount Olive Missionary Baptist Church from R-1A
(Single Family Residential) to CF (Community Facility). Planning
and Zoning Board recommends approval. If passed public hearing
August 10th.
~ ORDINANCE NO. 48-93: An ordinance amending the Land
evelopment Regulations, by amending Subsection 4.3.4 (H) (5) (e)
to delete the thirty-five percent (35%) size limitation on screen
enclosures in zero lot line developments. Planning and Zoning
Board recommends approval. If passed public hearing August
10th.
13. Comments and Inquiries on Non-Agenda IteMs:
A. Commission
B. City Attorney
C. City Manager
-5-
0.
CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - JULY 27. 1993 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
K. SETTLEMENT OFFER/17 N.W. 5TH AVENUE: Consider a settlement
offer from Bank of Boynton in the amount of $130,000, which
includes all attorney's fees reo 17 N.W. 5th Avenue.
L. ARBITRATION REOUEST - JAMES COOK/APPOINTMENT OF OUTSIDE
COUNSEL.
M. ATLANTIC AVENUE WATER LINE RELOCATIONS/INSTALLATION OF
CONFLICT STRUCTURES.
'. ,;jllf'
-.
"
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 8f1.
SUBJECT: AGENDA ITEM * g' A - MEETING OF JULY 27. 1993
REOUEST FOR WAIVER OF THE PERIMETER LANDSCAPE REOUIREMENTI
SURLES OFFICE BUILDING
DATE: July 231 1993
We have received a request for waiver of Land Development Regulations
Section 4.6.16 (H)(3)(e) for the Surles Office Buildingl located north
of N.E. 1st Street on the west side of N.E. 4th Avenue, in
conjunction with a modification to their site plan.
Section 4.6.16 (H)(3)(e) states, where any commercial or industrial
area abut a residential zoning district or properties in residential
use, one ( 1 ) tree shall be planted every 25 feet to form a solid tree
line. The development proposal is to construct a 5,096 square foot
commercial building on property currently zoned CBD (Central Business
District) . In addition the proposal includes a zero setback for the
building along the southern property line which abuts the residential
uses. The two residential units are zoned CBD and are non-conforming
uses in that district.
The Site Plan Review and Appearance Board at their July 14th meeting
recommended approval of the waiver for the following reasons: the
southern architectural elevation is aesthetically pleasing; the
existing landscaping on the abutting property will help to buffer the
dwelling; and, the houses will most likely be demolished in the
future.
Recommend approval of the request for waiver of Land Development
Regulation Section 4.6.16 (H)(3)(e) for the Surles Office Building,
subject to the Commission making positive findings with respect to
Land Development Regulation Section 2.4.7 (B)(5).
..
D!\'
uM
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~D T. HARDEN, CITY MANAGER
THRU: L ~f.1J~S~OR
DEPARTMENT OF PLANNING AND ZONING
FROM: ~~~OR PLANNER
SUBJECT: MEETING OF JULY 27, 1993
CONSIDERATION OF A WAVIER TO A PERIMETER LANDSCAPE
REQUIREMENT [SECTION 4.6.16(H)(3)(E)] FOR SURLES OFFICE
BUILDING
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of granting a specific waiver for perimeter
landscaping in conjunction with a site plan modification.
The development proposal is to construct a 5,096 square foot
commercial building. The pro j ect is located north of N.E.
1st Street on the west side of N.E. 4th Avenue.
BACKGROUND:
The request is in conjunction with a site plan, which was
recently approved by the Site Plan Review and Appearance Board.
The applicant has requested a waiver from Section 4.6.16(H)(3)(e)
of the LDR's which deals with perimeter landscape requirements.
This section states that a tree line (with trees planted every
25' on center) be installed between commercially zoned property
and property which is in residential use.
The subject property is zoned CBD (Central Business District) .
The proposal includes a zero setback for the building along the
southern property line, which is adjacent to two single family
dwellings, one of which is in residential use. Thus, this
requirement would apply to the southern property line of the
subject property. A waiver from this requirement requires action
by the City Commission and is further described below.
REQUIRED FINDINGS:
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver,
the City Commission shall make a finding that the granting of the
waiver:
'.
City Commission Documentation
Waiver Request for Surles Office Building
Page 2
a. Shall not adversely affect the neighboring area;
b. Shall not significantly diminish the provision of
public facilities;
c. Shall not create an unsafe situation; or,
d. 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.
Only one of the two homes (the structure to the rear) is impacted
by the zero setback as it is adjacent to the building facade.
The home to the front of the lot is located adjacent to proposed
landscaping, which meets the requirement to provide trees 25' on
center. The houses are zoned CBD, and are considered
non-conforming uses in that district. Given the commercial and
industrial type surroundings, it is unlikely that the use of this
property for residential purposes will continue indefinitely. It
should be noted that the residential property is owned by a
member of the applicant's family, and may eventually be used for
expansion of the warehouse.
The waiver does not diminish the provision of public facilities
and will not create an unsafe situation as it relates to a
landscape buffer. It does not constitute a special privilege,
as zero setbacks within the CBD are encouraged [Comprehensive
Plan - Land Use Element Policy C-4.1], the houses are
non-conforming, and this waiver has been granted for other
properties located within the CBD zone district (i.e. Computer
Parts) .
SITE PLAN REVIEW AND APPEARANCE BOARD CONSIDERATION:
The Site Plan Review and Appearance Board formally reviewed this
item at its meeting of July 14, 1993. The Board noted that they
were in favor of the waiver for the following reasons: the
southern architectural elevation of the commercial building is
aesthetically pleasing; that the existing landscaping on the
southern property will help to buffer the dwelling; and that the
houses will most likely be demolished in the future. The Board
voted 4-0 (Sowards, Oster, Talbot absent) to recommend that a
waiver to LDR Section 4.6.16(H) (3) (e) be granted, to eliminate
the required landscape buffer along the southern property line
adjacent to the building.
RECOMMENDED ACTION:
By motion, grant the waiver request from LDR Section
4.6.16(H)(3)(e) to eliminate the required landscape buffer along
the south property line adjacent to the building.
Attachment:
* Waiver Request, Site Plan
jcm/T:CCSURLES
'.
,. . ."_ "_' "_' "_" ..... . I , .i ~ "_' . .. '-' .....
...._. "-- .." "._ ...._ . . 0.....-
'_' L.-- - ~ - - I " '_ ..... "-.' .. ---"-
TED BESSETTE & ASSOCIATES
A.I.A. . ARCHITECTS . PLANNERS . RESTORATION
1:100 NORTH FEDERAL HIGHWAY, SQUIRES BUILDING, SUITE 10'
BOCA RATON, FLORIDA 33482 30&.395.8111
July 22, 1993
CITY OF DELRAY BEACH
100 N.W. 1st Ave.
Del ray Beach, Florida 33444
Attn.: Janet Meeks
RE: SUrles Commercial Building approval.
On behalf of my client Lenny Surles we are requesting a
waiver fran LDR Section 4.0.16 H 3 E to eliminate the
required landscape buffer along the south property line.
This request is hRsed on the applicants intent to expand
hi.s project to this lot in the future, and that the
balance of the property line meets or exceeds the intent
of the requirement as the trees will be installen 25'
on center.
'!hank You for your attention to this matter.
Sincerely,
.....,........."'l'- I. . - ,"". ..'
.,
:i-:- . \..- .
, ",
'> '-. -- .
;j;. ~~~. .... '. =---=-------------.
.' !~'rl~ ~ ~~ . ; , . RA/lROAQ StRE€T (AllEy) .' . . ....... ": 0 0 .. ,.
" .. ~'r (',.< ........, , ~"."-', . '. '. o'
J'j ~.. ..,._~"',..) 0 ...""" "~'I' 6.e......../_.
· ,~ .~. -,.,..-v.. ,.. ~c~ - ~, Co',.;!
l,-. . _...._ o~ I o.~. ~..
' , ,," , ~
fir ',,) ..... .0 0" o. J . .
.' , " ., ,il ~C I ,1 .~ ,; 0,0:.<. oj :f<
ft-' - "~'Ol_' .
.:, ~ . I. .. '.
~ ...
' '.
.. 1" . --1."
5~ ,
o oi. ~ .
..~... J:
. ~~!?
". 'n .'
'< , '.
~ 0 _
"< --
' ~ . ~
~ · · l
. '. ,
. AI .},
~ l ~ I .
~
1" . ~7.. r
o . 1
! . ( ,
^z ~ ~
-:, 0.. . .
· '. r " . ,
. - '1'. ~ft ; '. . ',,~..
fl. r " '. . _ .:;,. ,>
.... I · ~ " < . .
-,. ., ".
~ ~ .,. 0 . l. "
J ~ <. 0 . "-
"'., 'I ~
~~E
I Oft1:.
I i-"
. "'.. , · "- ~
'0... . . .. ~
.... ': ". ~.. zo... ~ . ~
o-.~ '. .; - '0: z~zoz__. o~ . E
-. .. . z . 0 u : .. .
'''.0... '. I 0
"', ;; .. " t 0
.. '0' 'f: H '
6.. 0 ..
111
~
- -
- ,
~ :-"0 z: ~(
. ON~~_.
· ~> ~ <O=-Cl I
~'l!3~ ~i!F ~ OJ " . ..' . ,
~.~r ~ c .. . . I
.~~o 'n~ <. 0 ,
~Hi ~.{~ : ,,0 .,' I.~ I ~
111 ~ ~ ~ . ~_ ~ _ ~
jt~~ =.~~ ~ , r
"l'.~. . . .
o >~~ · . i
X!\l U _ . .
() \1\ fi " E ~ c===o 1<==
~~p ~I
. ~ " ".
~ '" ..
~F ~ . OO'.D., .
. t 2. _. ~__~. _, .
t , . . _. ,0...,...
o V\ . ~.~..
~ 1\,.:. .\::;-:.. ~ A~flUe..
I · . \ N.t:. T- 0
/ _ ,.;1. .
..
'.
" - D~
~
[ITY DF DELARY BER[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
F,\CSI~lILE 407/278-4755 Wr~t_r'_ D~r_at ~~n_
(407) 243-7090
MEMORANDUM
Date: July 20, 1993
To: City Commission
From: David N. Tolces, Assistant City Attorn~
Subject: Veteran's Park Playground Agreement Between the City
of Delray Beach and Kiwanis Charities, Inc.
The attached agreement is before you at this time for your
approval. This agreement will provide for the establishment of
a bank account into which the Kiwanis will deposit funds which
are collected to help pay for the Veteran's Park playground.
Kiwanis shall deposit the funds collected for the construction
of the Veteran's Park playground into the bank account, and the
City shall use these funds for architectural fees, material
costs, aRdlequipment costs incurred during the construction of
the Veteran's Park playground. Any funds which remain in this
account after the completion of the playground will be used at
the City's discretion for the maintenance and repair of the
Veteran's Park playground. As part of the agreement, the City
agrees that it will not hold Kiwanis liable for any injuries
which may occur during the construction of the playground.
If you have any questions regarding this matter, please do not
hesitate to call.
DNT:sh
Attachment
cc: David Harden, City Manager
Joseph Weldon, Director of Parks and Recreation
Cheryl Leverett, Executive Assistant
kiwanis 1. dnt
8B
'.
,.
AGREEMENT AND GENERAL RELEASE
This Agreement and General Release is made this
-
day of , 1993 by and between the CITY OF DELRAY
BEACH, FLORIDA (the City) and KIWANIS CHARITIES, INC. (Kiwanis
Noontime) .
WIT N E SSE T H:
WHEREAS, the Veteran's Park Playground Project
Committee is conducting fund raising for the purpose of
erecting playground equipment at Veteran's Park; and,
WHEREAS, Kiwanis Noontime desires to assist the
Veteran's Park Playground Project Committee's fund raising
efforts for the construction of the Veteran's Park playground;
and, -----
WHEREAS, the City desires to encourage the fund
raising efforts of the Veteran's Park Playground Project
Committee.
NOW, THEREFORE, for the mutual covenants and matters
set forth herein, as of the date set forth above, the parties
agree as follows:
1. That the provisions set forth in the clauses set
forth above and commonly referred ..to as "Whereas" clauses are
hereby incorporated into the body 0 f this Agreement and shall
have full force and effect herein.
'.
,.
2. In consideration of the actions set forth above,
the City hereby agrees that they will not hold Kiwanis Noontime
liable for any injuries which may occur on the playground site
during construction (which is anticipated to occur in November
of 1993), or thereafter as a result of the erection of the
playground equipment.
3. Kiwanis Noontime hereby agrees and acknowledges
that the City, pursuant to Article VII, Section X of the
Florida Constitution, may not indemnify third parties for the
acts or injuries of persons not a party to the Agreement.
4. City shall establish a bank account into which
Kiwanis Noontime shall deposit funds for the construction of
the Veterans' Park playground. The City shall use these funds
for architectural fees, material costs, and equipment costs
incurred during the construction of the Veteran's Park play-
ground. ~i ty shall provide a monthly accounting of all
disbursement from the account.
5. Funds which remain in the account after
completion of the Veteran's Park playground will be used, at
the City's sole discretion, for the maintenance and repair of
the Veteran's Park playground.
6. All provisions, except Paragraph 5, shall become
void one month after the completion of the construction of the
Veteran's Park playground.
7 . This Agreement constitutes the entire agreement
between City and Kiwanis Noontime and may not be altered,
amended, or modified except by an instrument in writing signed
2
"
-,
by the parties to the agreement with all the same formalities
as this agreement.
IN WITNESS WHEREOF, the parties hereto have caused
this instrument to be executed as of the day and year first
written above.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Mayor
Approved as to form and legal
sufficiency:
City Attorney ,
KIWANIS CHARITIES, INC
(KIWAN S NOONTIME)
By:
(SEAL)
STATE OF FLOf!-, D~
COUNTY OF PA L.f-1 13&1 ( I-{
The foregoing instrument was acknowledged before me
this i5T~ day of JULY , 1993 by AW4RO Vf:R.A
(name of officer or agent, title of officer
or agent) , of k I(,J AN IS C 14 AR.IIJl~.0, /rJc....
,
(name of corporation acknowledging), a t:Lo~1 OA (state or
place of incorporation) corporation, on behalf of the
3
..
..
'.
corporation. He/~ is personally known to me or hao produced
/ / I ~~_u;/u-/-__/_ . --c::t.ype of idelltification+
/
I ! / as-idenn-fi-cat-i-on_ and did (EiM-net) take an oath.
~d/4f~/~
S' ature of ry Public-
State of Florida c .
. Lo /2J2.4//oJE E. L4~ IV!-
Print, Type or Stamp Name
of Notary Public
k1."an1sl.ag~
mrARY..-.c ITATE 011 R.eAlDA
IIrCll1llll,..___Feb.,3. ttlS
.......1'II1II GInIrIIIIMInnce Und.
-----
-----
4
'.
'.
{ 1\
;.ll /1
t.,'.. "
[ITY DF DElARY BER[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
h\CSI \11LE -107/278.4755 Writer's Direct Line
(407) 243-7091
MEMORANDUM
DATE: July 22, 1993
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Forfeiture Appeal/Authorization
The City Attorney's Office is seeking City Commission
authorization to file a Notice of Appeal in the forfeiture
case concerning the property located at 17 N.W. 5th Avenue.
It is our opinion that the Court's Order requiring the City to
satisfy in full the mortgage held by Bank of Boston is contrary
to the requirements of the Florida Statutes. Florida Statutes
requires that upon sale by the City, that the proceeds be used
towards satisfaction of the lien, not payment in full.
By copy of this letter to David Harden, our office is
requesting that this matter be placed on the City Commission
agenda for approval.
cc David Harden, City Manager
I!umrJO<<L r ~td ~
WJ} 9. K. I.
f)u.v Id~~
bu:L 9';!'J ~ /170 ~
~ {cui;M~j
?~
..
..
-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~1
SUBJECT: AGENDA ITEM * gp - MEETING OF JULY 27. 1993
AUTHORIZATION TO SUBMIT GRANT APPLICATION
DATE: July 23, 1993
This item is before you to authorize staff to submit an application to
the Department of Health and Rehabilitative Services, Office of
Emergency Medical Services, for grant funding in the amount of $19,500
to be used to purchase a Command Response Vehicle for the Fire
Department. The HRS grant is a 75%-25% matching program. The
estimated cost of the vehicle is $26,OOOj the City's match ($6,500)
will be requested in the Fire Department's operating budget for FY
93/94.
Recommend authorization be granted to submit an application to the
Department of Health and Rehabilitative Services, Office of Emergency
Medical Services, for grant funding to purchase a Command Response
Vehicle for the Fire Department.
'.
'.
-
Agenda Item. No.:
AGENDA REQUEST
Date: July 15, 1993
Request to be placed on:
X Regular Agenda (Consent)
Special Agenda
Workshop Agenda When: July 27, 1993
.
6,500.
(Example: Request from Atlantic High School for $2,<>00 to fund
project graduation).
ORDINANCE/' RESOLUTION REQUIRED: YES@ Draft Attached: YES/NO
Recommendation: Approval. Matching City funds will be requested from the City's
1993-94 Vehicle Replacement Account.
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44.55).
, \(~ ~.\L
Department Head Signature: -.
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
~pproved for agenda: @/ NO Z?VJ
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
'.
-
[ITY OF DElARY BER[H
FIRE DEPARTMENT A12c,
t:/VE
MEMORANDUM JU{ I b
CIty /rt, 6 199J
'4/VAf't:
' 0,
~ Oc;:,-
TO: DAVID T. HARDEN, CITY MANAGER I. ICt
FROM: KERRY B. KOEN, FIRE CHIEF
DATE: JULY 14, 1993
SUBJECT: REQUEST TO SUBMIT STATE E.M.S.
MATCHING GRANT PROPOSAL
As you know, the City of Delray Beach has been an active
participant in the matching grant program through the Florida
Department of Health and Rehabilitative Services, Office of
Emergency Medical Services. Over the past five years, we have
obtained over $224,000 in grant funds from this source. These
matching funds have assisted in expanding and improving our EMS
capabilities. The City now only needs to contribute 25 percent
of the total project cost and the State will provide the
remaining 75 percent. This year, we are requesting City
commission approval to submit the following grant application.
Item: Command Response Vehicle
Grant Funding Request: $19,500 (75%)
Local Match: 6,500 (25%)
--------------
Total Cost: $26,000 (100%)
This equipment is particularly well suited to assist the
Department in effectively managing the 656 incidents per year we
respond to involving mutual aid, mass casualty and special
operations. This vehicle will increase our capability to
coordinate these incidents using the Florida Fire Chiefs
Incident Command system for emergency response. This P Ian has
been approved by the Department of H.R.S. as the model disaster
response plan.
This grant requires a 25% local match. The $6,500 in
matching funds will be requested in next year's operating
budget.
FIRE DEPARTMENT HEADQUARTERS- 101 WEST ATLANTIC AVENUE - DELRAY BEACH. FLORIDA 33444
407/243-7400 - FAX 407/ 265-4660
'.
-
Page - 2 -
Memorandum
David T. Harden
Matching Grant Proposal
It should be noted that this proposal is in general
conformity with the public facilities element, objective D-l of
the City's Comprehensi ve Plan as amended. This proposal was
developed with the assistance of the City's Grants/Training
Coordinator and Division Chief Trawick.
V~ IsJL -
Kerry B. Koen
Fire Chief
KBK/nunh
Attachment
cc: Asst. Chief Wigderson
Asst. Chief Tomaszewski
Div. Chief Trawick
Mr. Wickert
Doug Randolph
-. <,1,1;
,.
. -
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~1
SUBJECT: AGENDA ITEM * SF - MEETING OF JULY 27. 1993
AUTHORIZATION TO SUBMIT GRANT APPLICATION/PALMPAD DATA COL-
LECTION SYSTEM
DATE: July 23, 1993
This item is before you to authorize staff to submit an application to
the Department of Health and Rehabilitative Services, Office of
Emergency Medical Services, for grant funding in the amount of
$27,352.50 to be used to purchase a Palmpad Data Collection System for
the Fire Department. The HRS grant is a 75%-25% matching program.
The estimated cost of the Palmpad System is $36,470j the City's match
($9,117.50) is available in Special Project Fund - Reserve for Fire
Rescue (Account No. 115-0000-248-64.00).
Recommend authorization be granted to submit an application to the
Department of Health and Rehabilitative Services, Office of Emergency
Medical Services, for grant funding to purchase a Palmpad System for
the Fire Department.
'.
'.
-.
(
Agenda I tem No.:
AGBNDA REQUESl'
Date: July 21, 1993
Request to be placed on:
X Regular Agenda (Consent)
Special Agenda July 27, 1993
Workshop Agenda When:
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDIHAHCEI RESOLU'J.'IOH REQUIRED: Y~ Draft Attached: YES/NO
Recommendation: Approval to submi~. Matchin Cit funds will be
the donated money found in the Paramedic Fund acct. # 115-0000-248-64.00).
(Example: Recommend approval with funding from Special Events Account \
No. 001-3333-555-44.55).
Department Head Signature: ~(~ ~.~ ,
City Attorney Review/ Recommendation (if applicable):
~
.
Budget Director Review. (required on all iteas involving expenditure
of funds): ,
1
I
Funding available: YES/ NO I
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: BY/ NO tft~ I
i
Hold Until: I
Agenda Coordinator Review:
I
Received:
Placed on Agenda:
Action: Approved/Disapproved \
I
!
!
i
I
<,
.
[ITY DF DElARY BER[H
100 N.W, 1st AVENUE . DELRAY BEACH. FLORIDA 33444 . 407/243-7000
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Kerry B. Koen, Fire Chief
DATE: July 21, 1993
SUBJECT: REQUEST TO SUBMIT SECOND STATE E.M.S.
MATCHING GRANT PROPOSAL.
I have been made aware of the availability of a new data collection
system that would prove to be highly useful in our efforts to collect
needed information on the 7232 annual responses we make. This system
will allow us to fully comply with the Florida Statutes dealing with
collection of patient records. The system will also vastly improve our
quality assurance program.
Such a system is also found to be eligible under the State E.M. S.
Matching Grant Program. If approved for funding, the State would provide
7570 of the total project cost with the City providing the remaining 2570.
We are requesting City Commission approval to submit this second grant
application.
Item: Westech Palmpad Data Collection System
Grant Funding Request: $27,352.50 (7570)
Local Match: $ 9, 117 . 50 (25iO
----------------
Total Cost: $36,470
The local match of $9,117.50 will be taken out of the donated money
found in the Paramedic Fund (acct. # 115-0000-248-64.00).
'/~ 1S.\l ...
Kerry B. Koen
Fire Chief
KBK/dgr
attachment
cc: Asst. Chief Wigderson
Asst. Chief Tomasewski
Div. Chief Trawick
Doug Randolph
THE EFFORT ALWAYS MATTERS
"
"
. ,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERtfJi1
SUBJECT: AGENDA ITEM * KF - MEETING OF JULY 27. 1993
RENEWAL OF TRAINING AGREEMENT WITH PALM BEACH COUNTY SCHOOL
BOARD
DATE: July 23, 1993
This item is before you to renew the annual agreement with the Palm
Beach County School Board for vocational educational programs through
South Technical Education Center. The agreement is for the period
July 1, 1993 through June 30, 1994.
This agreement allows the City to continue to provide vocational
educational training to our employees. There has been a slight
increase in the rate from 65 cent to 75 cent per student hour.
Recommend renewal of the agreement with the Palm Beach County School
Board for vocational educational programs through South Technical
Education Center, for the period July 1, 1993 through June 30, 1994.
'.
'.
~
Agenda Item No.:
AGENDA REQUEST
Date: July 16, 1993
Request to be placed on:
XX Regular Agenda (Consent)
Special Agenda July 27, 1993
Workshop Agenda When:
Description of item (whol what 1 where 1 how much): Request City Commission
approval to renew the Trainin~ A~reement between the School Board of Palm Beach
Countv and the City of Delray Beach for the period July L 1993 thru .T11nP. 30, 1994
(Example: ,Request from Atlantic High School for $21000 to fund
project graduation).
ORDINANCEI RESOLtr.rIOH REQUIRED: YES@ Draft Attached: YES/NO
Recommendation: Approval
,
i
(Example: Recommend approval with funding from Special Events Account ,
,
No. 001-3333-555-44.55).
Department Head Signature, ~
City Attorney Review/ Recomme ation (if applicable): Material is bein~
reviewed by City Attorney
.
Budget Director Review (required on all items involving expenditure
of funds): I
Funding available: YESj NO
I
Funding alternatives: (if applicable) i
Account No. & Description: I
Account Balance: Various Department Budgets
City Manager Review:
Approved for agenda: €y / NO Ifr1
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
t
,.
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Doug Randolph 9~ ~ ·
Grants/Training Coordinator
THRU: Edward J. Gusty ~~
Human Resources Director
DATE: July 16, 1993
SUBJECT: REQUEST CITY COMMISSION APPROVAL TO RENEW THE TRAINING
AGREEMENT BETWEEN THE SCHOOL BOARD OF PALM BEACH COUNTY
AND THE CITY OF DELRAY BEACH.
Our annual agreement needs to be renewed for the School Board's next
fiscal year which runs from July 1, 1993 thru June 30, 1994.
This agreement allows us to continue to provide vocational educational
training to our employees at an extremely low cost. For this next
agreement period, the cost has increased from sixty-five cents to
seventy-five cents per student hour. This increase equates to eight
hours of training being provided for $6.00 vs $5.20 at the old rate.
The agreement is attached for Commission Approval. Please place this
request on the July 27, 1993 Commission meeting agenda.
attachments
DGR/Board
'.
.
SOUTII TECHNICAL EDUCATION CENTER
BUSINESS AND INDUSTRY SERVICES
1300 S.W. 30th Avenue, Boynton Beach, Florida 33426
(407) 364-7912 or 369-7035 or 369-7013 Fax: (407) 369-7048
James L. Rasco,
Director Coordinators:
Judith Cartwright
Leigh Fountain
Debbi Ross
Date: July 12, 1993
To: Industy Site Contacts
From: Industry Services Coordinators
xc: Jim Rasco, Director
Johnny Carlisle, Assistant Director
Subject: FY94 (July 1, 1993 to June 30, 1994) fee information and contracts
*****~~O~~*****
This memo covers two items of importance:
1. FY94 School Board contracts
2. FY94 registration fees
Item #1: FY94 Contracts
Enclosed please fmd four copies of the approved FY94 agreement between The School Board of
Palm Beach County and your organization which allows your agency to participate with us in
vocational education programs.
Please have the four copies signed and witnessed. Then return all copies to:
Industry Services Department
South Technical Education Center
1300 S. W. 30th Avenue
Boynton Beach, Florida 33426
The signed contract copies should be received by our office no later than six weeks after receipt. If
your organization has difficulty meeting this deadline please contact one of the department
coordinators (Judith Cartwright, Leigh Fountain, or Debbi Ross) to discuss the specifics of your
situation.
An executed contract will be returned to you after signature by the School Board.
Item #2: FY94 Fees for instruction
The Florida legislature has established the registration fees for FY94 supplemental training at
75 cents per hour. Additional fees for materials and/or textbooks are required by some training
programs.
We look forward to working with you and your organization to provide quality training programs.
Thank you.
South Technical Education Center is a public vocational-technical school within
The School Board of Palm Beach County, Florida
Accredited by the Southern Association of Colleges and Schools
'.
, ,
, AGREEMENT ~''>'1. -:: .<t.
BETWEEN 9 V ~~ Otf' ~
THE SCHOOL BOARD ~DPALM BEACH COUNTY rJ' clP'~ fi
CITY OF DELRAY BEACH ~~'-
FOR ~~\'
VOCATIONAL EDUCATION PROGRAMS .~
This agreement is entered into between the
hereinafter referred to as the "AGENCY" and The
. '
Palm Beach County here~nafter referred to as the "PROVIDER" which
are the parties hereto. For and in considera ion of the mutual
covenants contained herein, the sufficiency which the parties
acknowledge, the parties to this agreement a ree as follows:
I.
Scope of Services
The PROVIDER will provide education programs for
students of the AGENCY.
The PROVIDER Agrees to:
A. Provide a liaison for a 1 vocational education activities
between the PROVIDER and the AGENCY.
B. Provide qualified and ertified vocational instructors for
each course. Addend B is hereby incorporated as
part of the agreement
1. Whenever poss Ie provide a qualified substitute
instructor in the case of absence of the regularly
assigned voca ional instructor.
2. Require i structors to assume instructional
responsibil'ty for students in their classes.
C. Share the achiev. ment records of the assigned students in the
courses with t AGENCY.
D. Provide and pr pare an instructional schedule for teachers and
students whic will conform to the needs of both the PROVIDER
and the AGE Y.
E. Not discrim nate against any students or employees because of
race, colo , religion"sex, national origin, marital status,
or handic p.
F. Submit a y vocational education reports as required by the
Florida Department of Education.
III.
The
A. a liaison to coordinate and supervise vocational
e cation activities between the PROVIDER and the AGENCY.
B. P ovide the minimum number of eligible students to achieve and
aintain the required membership for each course as designated
y the PROVIDER.
C. Prov ide agency orientation for the PROVIDER' 5 vocational
instructional staff.
'.
'.
. .
r
D. Provide proper and adequate facilities and standard utilities
including water, lights, phones, heating, and air conditioning
for all classes. .
E. Provide needed A/V equipment, copier services, student
materials, consumables, laboratory materials, and textbooks
as requested by the PROVIDER.
F. Provide janitorial and maintenance services for all AGENCY
based classroom and shop/lab facilities.
G. Provide staff an~ support services for timely, appropriate and
adequate screen~ng, counseling, and follow-up services to
students.
H. Provide and maintain clerical support for the vocational
education program staff.
I. Provide for the safety of all instructors.
J. Provide any vocational education reports needed by the
PROVIDER and as required by law.
IV.
Both Parties Agree That:
A. Responsibility for day-to-day coordination and supervision of
the vocational education program shall be vested in the
AGENCY'S liaison of education.
B. The AGENCY'S liaison of education may participate with the
PROVIDER in recommending instructional personnel.
C. Through their designated representatives, both parties shall
collaborate in the development of policies and operational
procedures for the efficient management and operation of the
vocational education programs. in
D. The performance of obligations hereunder shall be
accordance with all applicable laws, rules, and regulations
now or hereinafter in effect.
E. This agreement will be governed and construed in accordance
with the laws of the State of Florida.
F. No amendment to this agreement shall be valid or enforceable
unless submitted in writing and executed by duly authorized
representatives of both parties executing and entering into
this agreement.
- G. If the School Board terminates for convenience herein, it
shall not be liable for breach of contract, loss profits, or
other such damages consequential or inconsequential. Notwith-
H. PROVIDER is an agency or subdivision of the State.
standing anything to the contrary contained herein, the total
liability of PROVIDER under this agreement for negligent acts
or omissions of PROVIDER, its agents and employees shall be
subject to the limitations and procedures set forth in Section
768.28, Florida Statutes.
-2-
'.
..
, .
r
Joe Kopel/Doug Randnlph is designated AGENCY liaison of
education and is responsible for enforcing performance of this
agreement's terms and conditions and shall serve as a liaison with
the specialist of the PROVIDER, and shall approve all invoices
prior to payment. The AGENCY liaison of education will also be
required to meet with the PROVIDER at least once during the
agreement period to review the services rendered. This agreement
shall be effective July 1. 1993 , and shall remain in
effect through June 30. 1994 . Should one party fail to
conform to all material conditions provided herein, the other party
may, at its option, cancel this agreement upon 30 days written
notice.
Dated this day of , 19
CITY OF DELRAY BEACH
Agency The School Board of Palm Beach
County, Florida
By By Chairman
Agency Administrator Gail Bjork,
(SEAL)
Attest
,")-
-3-
'.
'.
, ,.
('
Addendum B
- SCHOOL BOARD SUPPLIED INSTRUCTION
PART-TIME PROGRAMS
AGENCIES requiring a School Board instructor to provide classroom
training will agree to:
1. Provide matriculation fees to the PROVIDER as set by the
Florida Legislature.
'.
"
- ' ..
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~1
SUBJECT: AGENDA ITEM * FG - MEETING OF JULY 27. 1993
SERVICE AUTHORIZATION 1.2/DIGBY BRIDGES. MARSH AND
ASSOCIATES
DATE: July 23, 1993
This is a service authorization in the amount of $5,330.39 to the
contract with Digby Bridges, Marsh and Associates for additional
consulting services on the Tennis Center/Stadium project.
The additional services consisted of a modification of the electrical
design to bring the Community Center up to code, plumbing redesign of
the hot water heater and landscape plan revisions requested as a
result of tournament facility relocations.
Recommend approval of Service Authorization No. 1.2 in the amount of
$5,330.39 to the contract with Digby Bridges, Marsh and Associates;
with funding from General Construction Fund - Tennis Center Stadium -
Phase I (Account No. 334-4145-572-63.41).
'.
.,
Agenda Item No.:
AGENDA REOUEST
Date: Julv 15. 1993
Request to be placed on:
~ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: Julv 27. 1993
Description of item (who, what, where, how much): Staff reauests City Commission
to approve a Service Authorization to Diabv Bridaes. Marsh and Associates in the
amount of S 5.330.39 for additional work conducted on Phase One of the Tennis
Center. The additional chanaes consists of electrical desian reauired to brina
the Community Center UP to code. plumbina redesian of the hot water heater and
landscape plan revisions reauested bv the City.
Fundina Source is: 334-4145-572-63.41
ORDINANCE/RESOLUTION REQUIRED: YES~DRAFT ATTACHED YES~
Recommendation: Staff recommends City Commission to approve the Service
Authorization for Diabv Bridaes. Marsh and Associates.
Department Head Signature: ~~ ,,- - /J ~#~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (~ired 00 all itema involving expenditure of fundal'
Funding available: YE /NO
Funding alternative (i,f mab~~ ~ T
Account No. & DeW~ion Dil)l\;-~ 4--S - 572. 0?rLJ \ H:::NtJlS c.~ ~lkbHu.1-P .~
Account Balance ~.lf
City Manager Review:
Approved for agenda: ~/NO trt1
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
RHDHJU14.KT
'.
,.
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID T. HARDEN
CITY MANAGER
fl(t! '
TBRU: WILLIAM H. GREENWOOD #1/ _7 7/16 AECE
DIRECTOR OF ENVIRONMENTAL SERVICES III~D
FROM: RALPH E. HAYDEN, P.~ JUl 1 6
CITy '99J
CITY ENGINEER MAA//Jr:r:o'
DATE: JULY 15, 1993 '\ OFFICE
SUBJECT: TENNIS CENTER, PHASE I
PROJECT NO. 92-039
SERVICE AUTHORIZATION NO. 1.2
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Attached is an Service Authorization 1.2 to Digby Bridges, Marsh
and Associates in the amount of $ 5,330.39 for additional
services on the subject project.
The additional services consist of electrical design to bring the
Community Center up to code, plumbing redesign of the hot water
heater and landscape plan revisions requested as a result of
tournament facility relocations (see attached invoices).
We have reviewed the additional services provided by Digby
Br idges, Marsh and Associates and determined that they are
justifiable.
RH: kt
Attachments
cc: William H. Greenwood, Director of Environmental Services
Ted Glas, Purchasing Officer
File: Project No. 92-039 (D)
Memos to City Manager
RHOHJU14.KT
'.
'.
DIGBY BRIDGES, MARSH & ASSOC., P.A.
CITY OF DELRAY BEACH
CONSULTING SERVICE AUTHORIZATION
DATE:
SERVICE AUTHORIZATION NO. 1.2 FOR CONSULTING SERVICES
CITY P.O. NO. 511668 CITY EXPENSE CODE 334-4145-572-63.41
PROJECT NO. 92-39 (CITY) 9302 DIGBY BRIDGES, MARSH &
ASSOC., P.E.
TITLE: city of Delray Beach Tennis Center
This Service Authorization, when executed, shall be incorporat-
ed in and shall become an integral part of the Contract,
dated Julv 21. 1992, between the city of Delray Beach and
.
I. PROJECT DESCRIPTION
Additional electrical, plumbing and landscaping and
irrigation design services as a result of unforseen
conditions.
II. SCOPE OF SERVICES
A. Perforn\ electrical design required to bring existing
facilit.i.es within the Community Cneter up to current
electrical code standards as required by the City.
B. Perform plumbing design for upgraded hot water heat or
in the Community Center.
C. Perform landscaping and irrigation redesign as a
resul't of tournament layout revisions such as
bleacher and tent relocations requested by the City.
III. BUDGET ESTIMATE OF SERVICES
Compensation for services shall be as follows:
A. Payment in fulL................... $ 5.330.39
SEE EXHIBIT "A"
'.
'"
IV. COMPLETION DATE
Work outlined in this service Authorization was conducted
with the Phase I improvements.
This service authorization is approved contingent upon the
city I 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
approved by the city to be included as part of the contract
without a further notice to proceed.
Approved by:
CITY OF DELRAY BEACH: CONSULTANT:
Date Date
Thomas E. Lynch Witness
Mayor
witness
Attest: STATE OF
COUNTY OF
The foregoing instrument was
acknowledged before me this
Approved as to Legal day of ,
Sufficiency and Form ~ ----
(name of officer or agent, title
of officer or agent),
(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
identification)
(type of identification) (as
identification) and (did/did not)
take an oath.
Signature of Person Taking
Acknowledgement
Signature of Acknowledger Typed,
Printed or Stamped
CSADB.KT
'.
EXHIBIT IIAII
DIGBY BRIDGES,
MARSH & ASSOCIATES, P.A.
2 June 1993 CHARTERED ARCHITECTS . PLANNERS . INTERIOR DESIGNERS
Mr. Joe Weldon
Director of Parks and Recreation
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
RE: Tennis Center - Additional Services on Main Contract
Dear Mr. Weldon:
Enclosed please find copies of invoices from Consultants for extra landscaping, electrical, and
plumbing revisions that were done under the original Tennis Contract. The electrical work was
in connection with the Community Center electric board/switch gear not being to code.
If you have any questions, please do not hesitate to contact this office.
Kind regards,
Yours sincerely,
DIGBY BRIDGES, MARSH & ASSOCIATES, P.A.
~~~Ed~~
DCB/ sl
cc: David Harden Delray Beach City Manager
.
HECEtVEO JUN "l0~J
124 N.E, Fifth Avenue, Delray Beach, Florida 33483
407/278-1388 Palm Beach: 736-S866 Fax:407/278-7841
nr." NAROOOH7\N ,\tM N..*lROOOlJO.\Cl DK'rlA N,\,""COOllHOl1
'.
-.
TEELE AND ASSOCIATES, INC.
Consulting Engineers
(407) 738-4747 2116 corRorate Drive
January 20, 1993 Boynton Beac ,FI. 33426
.
DIGBY BRIDGES, MARSH & ASSOCIATES, INC.
124 N.E. 5th Avenue
Delray Beach, FI. 33483
Attn: Digby Bridges
Ref: DELRAY BEACH TENNIS FACILITY
TOURNAMENT SITE ELECTRICAL REVISIONS
ADDITIONAL SERVICES
INVOICE
For Professional Services Rendered:
Electrical
Site Investigation - M. Teele(2.5 hrs @ $90/h~ $ 225.00
- Engineering Design - M. Teele(1.5 hrs @ $90 hr) $ 135.00
CAD drafting - G. Goodearl(3.5 hrs @ $55/hr) $ 192.50
CAD drafting - D. Romcke(2.5 hrs @ $55/hr) $ 137.50
Clerical - D. Gillman(1.0 hrs @ $35/hr) $ 35.00
TOTAL AMOUNT DUE $ 725.00
I
Respectfully submitted,
Michael A. Teele, P.E.
.
-, -
SemLRemlttanCQJQ;
-----fee-Ie--an-a- Associates, Inc.
2116 Corporate Drive
I Boynton Beach, Florida 32246
",
,.
"
~. 'GRANT THORNBR'OUGH & ASSOCIATES INVOICE
Landscape Architects I Planners 132 N. Swinton Ave. [)elray Bch., Florida 33444 Tel. (407) 276-5050 Fax 276-8777
ATTENTION Mr. Digby Bridges DATE 2/8/93
124 NE 5th Avenue RECEIVED INVOICE II 492-330
De/ray Beach, Florida 33444 DATE OF CONTRACT
FEB 9 LAST INVOICE 10/6/92
PROJECT Delray Tennis Center 1993
DESCRIPTION OF WORK
DIGBY BRIDGES, MARSH & ASSOC.
PROFESSIONAL FEES
Principal Landscape Archllecl @ $90/Hr.
Assoclale Landscape Archllect Hours @ $65/Hr
Slatt Landscape Hours @ $50/Hr
lump Sum Fee
PROFESSIONAL SUBTOTAL FEES
ADDITIONAL SERVICES
Revisions due to site plan and temporary seating layout changes
(requiring irrigation and landscape revisions).
Prlnclpsl Landscape Archllect 3.5 @ $90/Hr $315.00
Associate Landscspe Architect 12.25 @ $65/Hr $796.25
Slatt Landscape Archltecl @ $50/Hr
Lump Sum Fee
SUBTOTAL ADDITIONAL SERVICES $1111,25
REIMBURSABLE EXPENSES
Printing $41.17
Postage Fed Ex and Delivery $25.00
Miscellaneous phone/fax $4.22
SUBTOTAL REIMBURSABLE FEES $70.39
TOT AL DUE ."~~!~81.64
'I '
:;.
BILLING SUMMARY ,." !
Pro!. Fees Add. Servo Reimburse. Prevo BIlling Pd To Date Pasl Due This Billing ,;"Contracl $ Remaining
,.
.r(."
$118.92 $118.92 l$n8!;.92 ~.1.L~ 1 ~ 6'4':
PAST DUE
PLEASE REMIT
'.
,.
. TEELE AND ASSOCIATES, INC.
Consulting Engineers 2116 corRorate Drive
(407) 738-4747
January 20, 1993 Boynton Beac I FI. 33426
DIGBY BRIDGES, MARSH & ASSOCIATES, INC.
124 N.E. 5th Avenue
Delray Beach, FI. 33403
.
AUn: Digby Bridges
Ref: DELRAY BEACH iENNiS FACILlTI'
COMMUNITY CENTER TOURNAMENT FACILITY
ADDITIONAL SERVICES
INVOICE
For Professional Services Rendered:
Plumbing
Site Investigation - M. Teele(1.5 hrs @ $90/hr) $ 135.00
Site Investigation - G. Goodearl(1.5 hrs @ $65/hr) $ 97.50
Engineering Design - G. Goodearl(3.25 hrs @ $65/hr) $ 211.25
CAD drafting - G. Goodearl (7.5 hrs @ 55thr) $ 412.50
Electrical
Site Investigation - M. Teele'(4.5 hrs @ $90/hr) $ 405.00
Engineering Design ~ M. Tcele(14.5 hrs @ $90/hr) $1305.00
CAD drafting - G. Goodearl(11.5 hrs @ $55/hr) $ 632.50
CAD drafting - D. Romcke(2.5 hrs @ $55/hr) $ 137.50
Clerical - D. Gillman(2.5 hrs @ $35/hr) $ 87.50
I
TOTAL AMOUNT DUE $3423.75
"
Respectfully submitted,
Michael A. Teele, P.E. . -"
Send_Remlttan~~LtQ~
-----TeelEi--ancf Associates, Inc.
2116 Corporate Drive
Boynton Beach, Florida 32246
I
'.
,.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fJJlt1
SUBJECT: AGENDA ITEM * flJ-/. - MEETING OF JULY 27. 1993
CHANGE ORDER NO.1 AND REOUEST FOR FINAL PAYMENT/GREAT LAKES
DREDGE AND DOCK COMPANY
DATE: July 23, 1993
This item is before you to approve a change order in the amount of
$94,200.96 and a request for final payment in the amount of $72,406.71
from Great Lakes Dredge and Dock Company for completion of the Beach
Renourishment project.
Change Order No. 1 represents an adjustment in the final fill
quantity. The contract document allowed a tolerance of plus or minus
0.5 feet in placement fill. Final acceptance surveys by our
consul tant shows that a total of 1,052,296 cubic yards of material
were placadwithin the project area. This is 31,296 cubic yards over
the estimated contract amount, but is within the allowable tolerance.
The cost of this change order will be reimbursed from Federal, State
and County sources.
Additionally, we have received a request for final payment in the
amount of $72,406.71. This amount represents the retainage on the
project. Staff has inspected the project, along with the city's
consultant, and found it to be satisfactorily complete.
Recommend approval of Change Order No. 1 in the amount of $94,200.96
and the request for final payment in the amount of $72,406.71 for
Great Lakes Dredge and Dock Company with funding from Beach
Restoration Fund - Recreational Improvements (Account No.
332-4164-572-63.40).
"
..
. Lf;
t4
CITY COMMISSION DOCUMENTATION
G'
TO: ~ T. HARDEN, CITY MANAGER
VIA: '. _DAVI~~~~LANNING AND ZONING
FROM: JOHN WALKER, PROJECT COORDINATO~ ttI~
SUBJECT: MEETING OF JULY 27, 1993
BEACH NOURISHMENT PROJECT - CHANGE ORDER NO. 1 AND
REQUEST FOR FINAL PAYMENT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of approval of
Change Order No. 1 in the amount of $94,200.96 and a request
for release of retainage and final payment in the amount of
$72,406.71.
BACKGROUND:
Change Order No. 1 is an adjustment of final fill quantity. The
contract allows a tolerance of plus or minus 0.5 feet in placement
of fill. Final acceptance surveys by our consultant, Coastal
Planning & Engineering, Inc. show that a total of 1,052,296 cubic
yards (CY) of material were placed within the project area. This is
31,296 CY more than the contract amount, but within the allowable
tolerance. At the contract price of $3.01/CY, the total additional
amount of the Change Order is $94,200.96. The cost of this Change
Order will be reimbursed from Federal, State and County sources.
The consultant recommends approval.
We have received a request for release of retainage from the
contractor, Great Lakes Dredge & Dock, Company. The Beach
Nourishment Project has been satisfactorily completed. Final
inspections of the project, including the offshore borrow area and
reef have been completed to assure that all clean up is complete.
The consultant, Coastal Planning & engineering, Inc. , recommends
approval of the release of retainage in the amount of $72,406.71.
Attached is the consultant's Final Construction Report for the
project.
RECOMMEND ACTION:
By motion, approve Change Order No. 1 in the amount of $94,200.96
and release of retainage and final payment in the amount of
$72,406.761 to Great Lakes Dredge & Dock Company.
T:\ADVANCED\BCHPAYl
'.
,.
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
SARASOTA: 1605 MAIN STREET, SUITE 800, SARASOTA, FL 34236 (813) 365-5957 TELEFAX: (813) 954-6036
JACKSONVILLE: 1542 KINGSLEY AVENUE. SUITE 142E, ORANGE PARK, FL 32073 (904) 264-5039 TELEFAX: (904) 264-5039
4818.68
July 6, 1993
Mr. John Walker
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
RE: Change Order No.1 - Beach Nourishment Project
Dear John:
We have reviewed Great Lakes' request for Change Order No. 1 (copy attached) and
recommend approval and payment for this additional work. We also recommend release of the
remaining retainage.
The additional volume (31,296 c.y.) is the result of placement of fill above the construction
template, but within the allowable tolerance as provided for in the construction documents (SGS
para. 8.3 and TP para. 5.4). The volume increase results in a cost increase of $94,200.96.
Great Lakes has completed the removal of the items from the borrow area and, as a result, we
deem the construction to be complete. We have observed the items removed and the video of
the sheave being lifted from the borrow site, as well as a subsequent video at the artificial reef
site near an existing sunken ship. Based on the video tapes and our observation of the other
items removed, the clean-up work is complete. Therefore, we recommend the release of the
retainage still being held.
If you have any questions, please call me.
Very truly yours,
COASTAL PLANNING & ENGINEERING, INC. J~tlEn\YIIEJ1))
e~
JUL 8 \9931
. E. Beachler, P.E. .pLANNtNG & ZONING
Vice President
-
KEB/ys DBO! : walker .kb
'.
-
. Gr.at Lak.. 8218 CYPRESS GREEN DRIV!
JACKSONVIU.E, FL. S225e
Dredge I Dock 804.737-2139. eoo-m.'eSl7
Company FAY. 904.737.1815
LaIlllChiDl Our Seeqlld Ctlltlu)'
June 11, 1993
Mr. Kim Beachler
Coastal Planning and Engineering
2941 Northwest Boca Raton Blvd.
Boca Raton, Florida 33431
Re: City of Delray Beach, Beach Renourishment
project - Contract No, 92-50
Request for Chanqe Order No.1
Dear Mr. Beachler=
We hereby revise our request for Change Order No. 1 for extra
quantities placed on the beach in accordance with the subject
project. Based on survey quantities performed by your office,
actual quantities satisfactorily placed on the beach within the
paid template total 1,052,296 cubic yards. As this is an increase
over the original bid quantity of 1, 021,000 cubic yards, we hereby
request the issuance of a change order for the remaining
difference.
We request your prompt processing of this change order as well as
a full retention refund as soon as possible.
If you have any further questions please contact me at (904) 737-
2739.
Sincerely,
liam H. Hanson
Area Engineer
WHH/mt
ZOd !11IANOS~~~r 001D WOH~ W11v:ln rfi-17.-0n
'.
'.
.
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 (407J 391-8102 TELEFAX: (4D7J 391-9116
SARASOTA: 1605 MAIN STREET, SUITE 800, SARASOTA, FL 34236 (813J 365-5957 TELEFAX: (813J 954-6036
JACKSONVILLE: 1542 KINGSLEY AVENUE, SUITE 142E, ORANGE PARK, FL 32073 (904J 264-5039 TELEFAX: (904J 264-5039
4818.68
June 16, 1993
John Walker
Project Coordinator
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Re: Final Construction Report - Beach Nourishment Project
Dear John:
This is a summary of the construction phase of the beach nourishment project. The project was
successfully completed in December 1992 after several weather-related delays. A total accepted
quantity of 1,052,296 c.y. of sand was placed on the beach. The various elements of the
construction phase are described in more detail in the following sections:
Construction Schedule
I. Project Timing
Bids for this project were opened on June 25, 1992. At that time bids were received
for two options: one for construction during the summer dredging season in August of
1992 and the other for construction after October 15, 1992. The timing option related
to potential permit requirements for dredging after sea turtle nesting season. At the
time of the bid opening, the City was still in negotiations to try to reduce the
requirement for dredging outside the turtle nesting season. The City was not successful
in those negotiations; therefore, construction was postponed until October 16, 1992.
The contractor arrived at Delray Beach with the dredge and equipment on October 16,
1992. However, he was delayed by weather and did not start dredging until October
31, 1992. Dredging was completed on December 8, 1992 and the project was declared
~~tlEaw1EJD)
~IUN 21 1993
PLANNING & ZONING
'.
..
4818.68
June 16, 1993
Page 2
substantially complete on December 22, 1992. At this time demobilization of all
equipment and materials was complete.
The dredge was on site 54 days. During this time, the contractor reported having
weather delays of 20 days or 37% of the time. In addition, there was an additional four
to five days that were related to equipment repairs caused by the storm damage to the
dredge.
II. Beach Fill Volumes
Beach fill was placed between DNR monument R-180 at Atlantic Avenue south to DNR
monument R-188A, a quarter mile south of Atlantic Dunes Park.
The total accepted quantity of beach fill placed on the beach was 1,052,296 cubic yards.
The contract allows for payment of material placed in a tolerance 1h foot above the
actual design template. The contractor placed an acceptable additional quantity of
31,296 cubic yards in this tolerance. There was also fIll which was placed outside of
the tolerance and the total quantity placed was 1,208,742 c.y. As-built profIles are
attached. These show the construction template, the pre-construction profIles and the
post -construction profIles.
ill. Storm Impacts
There were several northeast storms that occurred during beach fill placement. Our
visual observations subsequent to the storms indicated that the beach had adjusted but
had not significantly eroded. ProfIling subsequent to the project indicated that
adjustment to the fill had occurred. The sand had moved offshore as anticipated in a
slightly flatter slope. There was still sufficient sand on the beach to maintain the design
width.
The storms had a major effect on the contractor's construction operations. As stated,
he was not able to dredge for 20 days during the time the dredge was on site. The
contractor was initially impacted during the mobilization and placement of the sub line
during October. In this operation one of the contractor's barges ran aground and, in
that process, lost several anchors and cables overboard. In subsequent storms
equipment was lost from the dredge, including a number of fender tires, wire line and
large sheaves used to guide the anchor lines. The dredge reported 10 to 12-foot seas
during one storm.
COASTAL PLANNING & ENGINEERING. INC. . BOCA RATON. SARASOTA. JACKSONVILLE
'.
"
4818.68
June 16, 1993
Page 3
The anchors and debris lost from the barge that ran aground were the subject of a
subsequent search and excavation of the new beach by the contractor. He located all
of the anchors and debris that were lost. This was confirmed by a magnetometer search
over the beach area and in the shallow water portion of the beach. The items lost in
the offshore borrow area were claimed to have been recovered at the completion of the
project. A dive made by CPE in April, however, indicated that some of the material
had not been removed, including one of the large sheaves and eight fender tires. The
contractor was notified of this and this debris was removed at the beginning of June.
IV. Cost Summary
Construction costs were established through the competitive bid process. Contractors
were asked to provide bids on summer and winter dredging options as previously
discussed.
There were four contractors that bid on the job: T. L. James, Great Lakes Dredge &
Dock, Bean Dredging and American Dredging. These are the four contractors that
have bid on previous Delray work and typically bid on all South Florida beach
nourishment projects. The low bidder was Great Lakes Dredge & Dock. Their bids
were as follows: summer dredging was $3,099,360 and their option for winter
dredging was $3,823,220. The difference for construction during the winter months
was $723,860.
The total construction cost for the project was $3,917,421. This included the approved
Change Order No.1 for an additional $94,201. The following table summarizes the
State and Federal participation in the construction costs:
Total 3,917,421
State (28.82 % ) 1,129,001
Federal (56.33%) 2,206,683
Palm Beach County (14.85 %) 581,737
The State contract anticipated a considerably higher construction cost. The
reimbursement contract is now being renegotiated with the State to apply the remaining
State funds to future monitoring costs.
COASTAL PLANNING & ENGINEERING. INC. . BOCA RATON. SARASOTA. JACKSONVILLE
'.
'0
4818.68
June 16, 1993
Page 4
V. Environmental Impact
Special procedures that were implemented during this project avoided damage to the
nearby hardbottom. This included requirements for electronic positioning equipment
on the dredge, monitoring dredge mobilization/demobilization efforts and placement of
buoys to ensure the proper location of equipment during construction.
The environmental monitoring performed by Coastal Planning & Engineering, Inc.
indicated there was no apparent environmental impact during construction. During the
construction period we monitored reef stations located offshore of the borrow area. At
no time did we find turbidity or sedimentation that exceeded the values found in the
pre-construction monitoring. The biological communities within, and adjacent to, the
monitoring stations remained virtually unchanged during construction. The edge of the
reef was also observed by scuba divers during construction and there were no changes
in reef habitat noted during those dives.
Water quality monitoring at the fill area was carried out during the dredging. The
majority of samples were well below the authorized limits; only one sample exceeded
those limits. This situation was an unusual situation with no wind or currents and the
construction of the fill creating a pocket in the beach which retained the turbid water.
The lack of turbidity is no doubt related to the low silt content found in the borrow area
used for this project.
The permits for this project required that the new beach meet certain compaction
requirements. The limits, established by the U.S. Fish & Wildlife Service (USFWS),
are set to assure that the new beach is suitable for turtle nesting. To reduce compaction
the beach is tilled to a depth of 36 inches. This was undertaken immediately after
construction in December. Subsequently, compaction measurements were made in
March just before the start of the turtle nesting season. These measurements were
within the limits specified by USFWS.
The fmal report on the construction environmental monitoring has been submitted to the
Florida Department of Environmental Regulation and the City. This report provides
more details on the environmental monitoring.
VI. Sand Quality
The sand obtained from this borrow area was high quality, contained no rock and was
low in silt content. This was the result of limiting dredge depth and using selective
portions of the borrow area.
COASTAL PLANNING & ENGINEERING, INC. . BOCA RATON. SARASOTA. JACKSONVILLE
'.
4818.68
June 16, 1993
Page 5
VII. Future Monitoring
Permit requirements require continued beach and environmental monitoring. The
physical monitoring includes the beach profIles and grain size analysis on an annual
basis. The environmental monitoring includes reestablishment of reef stations and
observation of those stations through the first year subsequent to the construction and
then subsequently at year 3 and year 5.
Very truly yours,
COASTAL PLANNING & ENGINEERING, INC.
~ k~~~
Kim E. Beachler, P. E.
Vice President
db03: final. rpt
COASTAL PLANNING & ENGINEERING. INC. . BOCA RATON. SARASOTA. JACKSONVILLE
'.
.,
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER[ht1
SUBJECT: AGENDA I TEM i p:r. - MEETING OF JULY 27. 1993
AWARD OF BIDS AND CONTRACTS
DATE: July 23, 1993
This item is before you to approve the award of the following bids and
contracts:
1. Auctioneering Services - Jim Graham, Inc. Auctioneers -
Brokers, at a fee of 1.9% of gross receipts.
2. Computerized Irrigation Systems - Parks and Recreation -
Hector Turf in the amount of $50,000 with funding from General
Construction Fund - Landscaping (Account No. 334-4170-572-63.20)j
pending budget transfer from Decade of Excellence Bond Issue
interest.
3. Rental Rehabilitation - 307 N.W. 2nd Street - Preston
Construction Company in the amount of $17,920 (City's share
$9,420), with funding from Community Development Block Grant -
Housing Rehabilitation (Account No. 118-1975-554-49-19).
Recommend approval of the award of the above bids and contracts with
funding as indicated.
'.
..
.. .
Agenda Item No.:
AGENDA REQUEST
Date: July 16. 1993
Request to be placed on:'
XX Regular Agenda Special Agenda Workshop Agenda
When: .T111y 27. 1993
Description of agenda item (who, what, where, how much): Rir1 AW.<lrn -
Auctionin~ Services
Bid 1193-40
ORDIHAHCBI RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to low responsive responsible contractor, Jim Graham
Inc. klctioneers-Brokers, at a fee of 1.9% of gross receipts.
f ~ .
Ij/~ /f~'#~ 7/;"
Department Head Signature:
Dete~ination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YE~/~ (if applicable)
Funding alternatives:
Account No. & Description: '
Account Balance:
City Manager Review:
App~oved for agenda: B/ NO t71
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
.. 'I' .~,
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager
FROM: Ted Glas, Purchasing Officer ~~
DATE: July 16, 1993
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
JULY 27, 1993 - BID AWARD - BID #93-40
AUCTIONEERING SERVICES - TERM CONTRACT
Item Before City Commission:
The City Commission is requested to award a term contract for
auctioneering services to Jim Graham Inc. Auctioneers - Brokers.
Background:
An auctioneering service is needed for the proper disposition of City
surplus and obsolete personal property; for lost, stolen or abandoned
property obtained by the Police Department; and for confiscated
property obtained by the Police Department.
Bids for this service were received on July 14, 1993 from four (4)
auctioneering firms, all in accordance with City purchasing
procedures. (Bid #93-40. Documentation on file in the Purchasing
Office. ) A tabulation of bids is attached for your review.
The low bid was submitted by Jim Graham Inc. Auctioneers-Brokers at a
fee of 1. 9% of the gross receipts of the auction. Reference checks
for this firm are all good. In addition the City of Delray Beach has
hired Mr. Graham in past years, and been pleased with his service.
The term of this contract is one (1) year, with four (4) renewal
periods if approved by the City Manager and the contractor.
Recommendation:
The Purchasing Officer recommends award to the low responsive
responsible contractor, Jim Graham Inc. Auctioneers-Brokers at a fee
of 1.9% of the gross receipts.
Attachments:
Tabulation of Bids
Reference Checks
i:L ./-
'.
TABUlATICtt OF BIDS
BID . 93-410
ALCTIClfEERIHG SERVICES
JULV 14. 1993
Jim Graham, Inc. Florida Rene Bates Golden Gavel
ITEM OESCRIPTICtt Auctioneers Auctioneers, Inc Auctioneers, Inc Auctioneers, Inc.
4. PfR:BfTAGE OF (H)SS
RECEIPTS RBfJIReD 1.9% 2.9% 5.85% See Below *
TO PERFCR1
ALCTICttEERIHG SERVICES
S. COST f(R fOlITICttAl.
seRVICES 12.00 Ihr. 5.00 Ihr. 18.00 Ihr. 15.00 Ihr. **
(IF HEEDED)
(PER HCJ..R)
*
flOOITICttAl.. IHF1H1ATICtt Will extend the Auctioneer does Will extend the Option 111- 4.85%
same prices, not run sale via same prices, self-service, not
terms, and computer, but terms and con- including set-up,
conditions to rather 3 part ditions to other tagging & check-
other Palm Bch. NCR forms. Palm Beach Cnty. out service.
County Govern- Will extend the Governmental Option 112- 7%
mental Agencies same prices, agencies. full service
for sales terms, and including tagg-
exceeding conditions to lng, and
$50,000. other Palm Bch. auctioneer coor-
County Govern- dination and
mental agencies. additional ser-
vices assisting
with merchandise
checkout the
Monday following
the auction date
** included in
option 112.
Will extend the
same prices,term~
and conditions
to other Palm
Beach County
Governmental
agencies.
'.
..
July 15, 1993
References checked on Jim Graham Auctioneers
1. Mrs. Irving Gennet
United States Bankruptcy Court
Boca Raton, Florida
(407) 994-1468
"He is excellent, tough, and a very fine gentleman. We have had him
for several auctions. Always have had good service and Mr. Graham
has a very efficient office."
2. Palm Beach Sheriffts Office
Sheriff Richard P. Wille's Secretary - Jan
(407) 688-3018
"We are very satisfied with their service. We have had Mr. Graham for
several years, which speaks for the kind of service they give."
3. City of Pompano Beach, Purchasing
Secretary
"Yes they handle a very good auction. We are very pleased with their
service. They brought in alot of money for us. They worked well with
us coordinating our auction."
'.
'.
. .
Agenda I tem No. :
AGENDA REQUEST
Date: July 2. 1993
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: July 13, 1993
Renewal of
ORDINANCE/ RESOLUTION REQUIRED: YE Draft Attached: YES/NO
Recommendation: Recommend 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: ~/ NO
Funding alternative: (if apP12!OAlSle)
Account No. & Description: ~g-~1. JR3re70 71r::N. ~T12 .-
Account Balance: S:l5Jccf)\l2kN~y~ Lftl\J[)SCl\PJN~
Ci ty Manager Review: ~ 1)08 'Nlel285f)
Approved for agenda: @/ NO P1
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
,
"
"
.
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager
FROM: Ted Glas, Purchasing Officer !fJt
DATE: July 20, 1993
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
JULY 27, 1993 - BID AWARD - BID #91-65
COMPUTERIZED IRRIGATION SYSTEM
Item Before City Commission:
The City Commission is requested to renew the contract for additional
computerized irrigation systems with Hector Turf, Inc., at a cost of
$50,000. Per the Finance Department, funding is from:
( ) .
Background:
Funds are allocated in the FY 92-93 budget for this project. A total
of $ is budgeted.
This contract was originally awarded by the City Commission on
September 10, 1991. The specifications allow renewal of the contract
in subsequent years for continued installation of irrigation systems
so long as the prices do not increase in excess of the CPI for the
State of Florida. The latest CPI percent change for Southeast Florida
is 4.0%.
Since this contract was originally bid, the technology has changed
utilizing increased radio signals and substantially decreased the
required hard wiring. To get a true cost comparison from year to year
with the changing technology, a cost per installed zone (station) was
determined. As shown in Hector Turf's letter, the cost per station
has decreased by $144.45 or 24% from the original bid, and by 12% from
last year.
This reduction in cost is realized because of decreased labor for hard
wire installation, and because of decreased cost of the controller
units. Instead of using a large 26 zone controller at smaller sites,
Toro now makes an eight zone unit which is radio controlled, and costs
approximately $7850 less per unit.
The new technology is more cost effective, allowing more sites to be
completed for the allotted funding.
Fr.~
'.
"
Recommendation:
The Purchasing Off icer concurs with the Director of Parks &
Recreation in the recommendation to renew the contract with Hector
Turf, Inc. at a cost of $50,000.
Attachments:
Memo from Parks & Recreation
Letter from Hector Turf
c: Joe Weldon
..
[IT' DF DELAA' BEA[H
100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
MEMORANDUM
HECEiV:..'-'.
....a.....
TO: David Harden JUN J 0 1993
City Manager
CITY MANA '
FROM: Joe Weldon GER S Oi'PICt
Director of Parks and Recreation
SUBJECT: Computerized Irrigation System
DATE: June 30, 1993
Attached please find a list of parks/public facilities that I recommend
be phased in next for our computerized irrigation system. Toro has
developed a new product called Irrinet that will not only allow us to
radio connect to isolated areas such as medians, but will also give us
water usage readings, something previously only available by hard
wiring. If you remember, this project was originally bid with the
understanding that the successful bidder the first year will be
contracted with each succeeding year until the system is completely
installed to the City's satisfaction. Areas that have been previously
computerized include the 1 1/2 mile beach, Miller Park, Pompey Park,
City Hall, Barwick Park, and Fire Station #4.
Attached is a statement by Toro saying their costs do not exceed the
latest Consumer Price Index as required by the contract. Please place
this on the July 13, 1993 agenda for City Commission consideration.
The funding source for this project is 334-4170-572-63.20.
Parks and Recreation
cc: Ted Glas
Purchasing Officer
Attachments
Ref:compirri
THE EFFORT ALWAYS MATTERS
"
,.
,
-.,."-. ,--,,",,~'-_....,, "-~-"-"'._' _'._.....-.,.'.."....... "'T"-"',", >._.___.,.....,..'_......~._~.,.......:_ ._n.......,.~ _~......,...... ,-...._~_,_____..._...._.___~__.~ ___,_,,~,_,
1301 N.W. THIRD STREET / DEERFIELD BEACH, FL 33442
TEL.: (305) 4~200. FAX: (305) 360-7657
July 16, 1993
Mr. Ted Glas
Purchasing Officer
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33445
Dear Ted:
As confirmation of our conversation concerning price increases/
decreases for phase III of the City of Delray Beach computerized
irrigation control system project, please find the following
information.
Cost ~ installed zone comparison/all phases
Total Zones Cost Per
Phase Installed Total Price Station
----- ----------- ----------- --------
I 78 $46,089.32* $ 590.88
II 96 48,995.00 510.36
111** 112 50,000.00 446.43
* Original contract price for bid /191-65 was
$62,931.42 which included the one time installation of
a central control unit @ $16,842.00. Analysis shown
reflects only product and installation which is
applicable to this comparison.
** Proposed price.
Cost decrease explanation
As you can see from the above comparison the cost per station
installed price has actually decreased over time. When Delray was
originally evaluating whether to use our equipment or our
competitors, there was great consideration given to the overall
long term costs associated with installation of the system
throughout the City. One key element was the ability to
incorporate new technology into the existing infrastructure as it
became available in a cost effective way.
"
,.
I
Mr. Ted Glas
July 16, 1993
Page Two
Part of our original proposal included strategies to accompli sh
that task. We laid out a plan which would encompass the
installation of larger sites during the initial phases which most
closely matched the equipment which was available at the time,
reserving smaller, contiguous sites for product that was currently
being engineered specifically for those types of application. Our
committment to the City was that we could show decreased statioh
cost over time.
Phase III pricing clearly reflects the fruition of our goals.
Technology became available within the last year to allow us to
use smaller station count products which are backward compatible
with the larger units installed during phase I and I I . These
units more closely match your needs for the remaining sites
throughout the City than the original ones. The result is shown
in reduced per station installation costs. As demonstrated by the
co~! ~~ l~~!~ll~d ~~E~ ~~~~~l~~E, we have exceeded the
requirements stated in Section A of bid #91-65 which limits price
increases to the latest CPI for the State of Florida.
We value our ongoing relationship with the City of Delray Beach
and hope that this documentation answers your questions. Please
feel free to give me a call should you have need for further
information.
Sincerely,
-
Chuck Watson
Irrigation Manager
CW/gn
STATE OF FLORIDA
COUNTY OF BROWARD
L N /tru~/{,
Gloria M. Nowak
Notary Public
State of Florida
~.,.y 'U.
.~~~ GLORIA M NOWN<
: M' '" """"""'"' CCOIOI7
. . Explr.. Jun. 17 1981
tI' . Bonded by ANB
:;1\ ~
"'" a"~ 800-a52-587a
Off\;
.,
"
- -.".----..--
1301 N.W. THIRD STREET / DEERFIELD BEACH. FL 33442
TEL.: (305) 429-3200 . FAX: (305) 360-7657
CITY OF DELRAY BEACH
PHASE III
COMPUTERIZED IRRIGATION CONTROL SYSTEM
ITEMII DESCRIPTION PRICE
A) Ci ty Hall Cost to supply and install one 16 station
Irrinet Satellite Controller. (Replaces 26
station MIR5000F Satellite being moved to
cemetary.)
Total City Hall . . . . . . . . . . . . . . $12,715.00
B) Tennis Center Cost to supply and install two 16 station
Scorpio Satellite Controllers and one 3"
Bermad Hydrometer.
Total Tennis Center . . . . . . . . . . . . 8,790.00
C) Police Station Cost to supp~y and install one 16 station
Scorpio Satellite Controller and one 3"
Bermad Hydrometer.
Total Police Station . . . . , . . . . . . 7,315.00
D) City Attorneys Cost to supply and install one 8 station
Office Scorpio Satellite Controller and one 2"
Bermad Hydrometer.
Total City Attorney's Office . . . . . . . 5,070.00
E) Cason Cottage Cost to supply and install one 16 station
Scorpio Satellite Controller with one 2"
Bermad Hydrometer. .
Total Cason Cottage . . . . . . . . . . . . 5,495.00
F) Old School Square Cost to supply and install one 16 station
Scorpio Satellite Controller and one 2"
Bermad Hydrometer.
Total Old School Square . . . . . . . . . . 5,345.00
G) Knolls Park Cost to supply and install one 8 station
Scorpio Satellite Controller and one 2"
Bermad Hydrometer
Total Knolls Park . . . . . . . . . . . . 5,270.00
"
"
City of Delray Beach
Page 2
May 3, 1993
ITEMfJ DESCRIPTION PRICE
H) Alternate Cemetary Cost to supply and install one 52 station
MIR5000F Satellite Controller, two 2"
Bermad Hydrometers, and three Electric
to Hydraulic Converters.
Total Alternate Cemetary . . . . . . . . . $
OPTION:
1) On Site Rain Gauge $450.00 each
2) Transportable Keyboard for Irrinet/Scorpio $975.00 each
SUMMARY
A) City Hall 12,715.00
B) Tennis Center 8,790.00
C) Police Station 7,315.00
D) City Attorney's Office 5,070.00
E) Cason Cottage 5,495.00
F) Old School Square 5,345.00
G) Knolls Park 5,270.00
TOTAL Phase III . . . . . . . . . . . . $50.000.00
'.
,.
Agenda Item No.:
AGENDA REQUEST
Request to be placed on: Date: JULY 19, 1993
Regular Agenda
Special Agenda
Workshop Agenda
xxx Consent Agenda When: JULY 27, 1993
Description of item (who, what, where, how much):
CASE' ADDRESS RR ANT. GRANT AMOUNT
93-003RR 307 NORTHWEST 2ND ST. $8,500.00 $9,420.00
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:RECOMMEND APPROVAL OF COMMUNITY DEVELOPMENT RENTAL
REHABILITATION PROGRAM GRANT AWARD AND CONTRACT AWARD FROM ACCT.
#118-1975-554-34.65 INVESTOR'S SHARE AND ACCOUNT #118-1975-554-49
.19 RENTAL REHABILITATION SHARE
(Example: Recommend approval with funding from Special Events
Account No. 001-3333-555-44.55).
Department Head Signature: ~.A' ~ /~ =-:- -"-
l
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving
expenditure of funds):
Funding available: ~/NO
Funding alternative . ~f ap~i~
Account No. & DescriPqion: r~:::tz1l r; -Sf;~ ('--1) ~" { ~
Account Balance: -;~, , b~ CO -
I
City Manager Review:
Approved for agenda: ~/NO ~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
"
..
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager
FROM: Ted Glas, Purchasing Officer ?/}'
DATE: July 20, 1993
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
JULY 27, 1993 - BID AWARD - BID #93-31
RENTAL REHABILITATION PROGRAM
Item Before City Commission:
The City Commission is requested to award a contract to the low bidder
Preston Construction Company, at a cost of $17,920. Per the Finance
Department, funding for the City's participation is from:
( ) .
Background:
The Community Development Division handles and process their formal
bids on rental rehabilitation projects, with funding from their rental
rehabilitation budget.
Property Contractor Amount
307 NW 2nd Street Preston Construction Co. $17,920.
The Community Development Coordinator and the Director of Community
Improvement have reviewed the bids, and recommend award to the low
bidder, Preston Construction Company.
Recommendation:
The Purchasing Officer concurs with the recommendation to award to the
low bidder, Preston Construction Company, at a total contract cost of
$17,920.
Attachments:
Memorandum from Community Development
Bid Information Sheets
c: Lula Butler
YI..3
"
..
M E M 0 RAN DUM
TO: DAVID HARDEN, CITY MANAGER
FROM: DOROTHY ELLINGTON, COMMUNITY DEVELOPMENT COORDINATOR
THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT~
DATE: JULY 19, 1993
SUBJECT: RENTAL REHABILITATION PROGRAM/CONTRACT AWARD
ITEM BEFORE THE COMMISSION
This is to request approval of one Rental Rehabilitation Deferred
Loan. This request is in accordance with the City's Community
Development Division's approved Policies and Procedures.
BACKGROUND
The program provides for the rehabilitation of . investor owned
substandard units, located within the CDBG Target Area. Contract
awards are based on actual cost of the rehabilitation to an
eligible structure. Owners are eligible for a dollar for dollar
match of Rental Rehabilitation Funds for total cost, not to
exceed $8,500 per unit.
Community Development staff provides the detailed work write-ups,
cost estimates for work specifications, and bid process for all
eligible structures. Investors are required to escrow their
share of the cost with the City prior to the issuance of the
Notice to Proceed.
Inspection of work will be done by the Community Improvement
Department's Building and Community Development Divisions.
Contracts will be executed between the building contractor and
the property owner. The City remains the agent and thi s office
monitors all work performed by the contractor ensuring compliance
according to specifications and program guidelines. Pay requests
require both contractor's and owner's signatures. Funds are
disbursed on the basis of a dollar for dollar match of the owners
share with the Rental Rehabilitation Funds. The owners and
properties have met the eligibility requirements as specified in
the Rental Rehabilitation Program description.
Detailed work write-ups and individual files are available for
review at the Community Development Office.
RR14/PG1
'.
'.
. .
RECOMMENDATION
Staff recommends the awarding of a Rental Rehabilitation Loan for
the following:
CONTRACTOR PROPERTY RR DEFERRED INVESTOR
ADDRESS LOAN SHARE
PRESTON CONST. 307 NORTHWEST 2ND ST $8,500.00 $9,420.00
.
RR14/PG2
"
.
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID #: 93- 31
APPLICANT: OTIS & DOROTHY PAYNE
APPLICATION #: 93-003RR
PROJECT ADDRESS: 307 NORTHWEST 2ND STREET
DATE OF BID LETTERS: MAY 5, 1993 (R~BID FROM APRIL 2, 1993)
DATE OF BID OPENING: MAY 14, 1993
.
NAME OF CONTRACTORS AMOUNT OF BID
ABISSET CORPORATION $
CSB CONSTRUCTION, INC. $
DYMOND CONSTRUCTION $
GARY PURR $
HENRY L. HAYWOOD $
INTERCONTINENTAL CONSTRUCTION CORP $ 23,415.00
LEADING EDGE HOMES, INC. $
MJD CONSTRUCTION SERVICES $ 22,435.00
MSL CONSTRUCTION, INC. $
PRESTON CONSTRUCTION $ 17.920.00
RAY GRAEVE CONSTRUCTION INC. $ 23.325.00
IN - HOUSE ESTIMATE: $ 21,651.00
CONTRACTOR AWARDED CONTRACT: PRESTON CONSTRUCTION
BID/CONTRACT AMOUNT: $ 17,920.00
COMMENTS: LOW BIDDER
BIDFORM/PGl
'.
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE 200. ~W 1S.t AVE;'iUE '0 DELRAY BEACH, FLORIDA 33444
FACSIMILI: 407/~7S.47)5 W . t ' D' t L'
r~ er s ~rec ~ne
(407) 243-7091
MEMORANDUM
DATE: July 22, 1993
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Bowens vs. the City
This case arises out of an incident that occurred on 4/11/89.
Mr. Bowens fell on the stairs of the utility billing trailer
that was located on City Hall property. Mr. Bowens required
surgery for repair of a right inguinal hernia after the fall.
The City has received an offer of settlement in the amount of
$500.00 which includes all attorneys fees and costs. Our
office recommends acceptance of this offer contingent upon
obtaining a full release.
By copy of this letter to David Harden, our office requests
this settlement offer be placed on the July 2, 1993 City
Commission agenda for approval.
~
SAR:ci
cc David Harden, City Manager
-gy
"
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER Ifi'A
SUBJECT: AGENDA ITEM i ~~ - MEETING OF JULY 27. 1993
REPORT OF APPEALABLE LAND USE ITEMS
DATE: July 23, 1993
This item is before you for acceptance of the report of decisions made
by the various development related boards during the period July 12,
1993 through July 23, 1993. The following actions were considered
during this reporting period:
Planning and Zoning Board:
-Endorsed the beautification of George Bush Boulevard as proposed
in conjunction with the development of The Anchorage subdivision.
-Approved a conditional use modification request to allow the
addition of 108 seats and the establishment of a community
outreach program for Mt. Olive Missionary Baptist Church.
-Determined that stone cutting and processing is similar to the
industrial uses allowed in the special geographic area within the
Central Business District.
Site Plan Review and Appearance Board:
-Approved the architectural elevation plan in conjunction with
the renovation of an existing storage building to be used for an
afterschool program at the South County Mental Health Facility.
-Tabled the architectural elevation plan (addition of neon
lighting) for Abbey Road Grill.
-Tabled the architectural elevation plan for a temporary order
kiosk (to be used at the drive-up window) for McDonald's.
-Approved the architectural elevation plan (facade and color
change) for United House of Prayer for All People.
-Approved the site, landscape and architectural elevation plans
for Surles Commercial Building; concurrently, recommended
approval of a waiver of the perimeter landscape requirement along
the south property line.
Historic Preservation Board:
-Granted a Certificate of Appropriateness to allow modifications
to the west elevation for the Sundy House.
A detailed staff report is attached as backup material for this item.
"
"
oK
!~l2c- 1f;JJ
t:.ill~",
. u
JUt 2 2
CITy 199J
II1ANAr.[p,S
. OFFICE
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: HARDEN, CITY MANAGER
'~
THRU: DAVID J. KOVAC~~TOR
DEPARTMENT OF PLANNING AND ZONING
f:;~ ~
FROM: JASMIN ALLEN, PLANNER
SUBJECT: MEETING OF JULY 27, 1993
REPORT OF APPEALABLE LAND USE ITEMS
JULY 12, 1993 THRU JULY 23, 1993
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 July 12, 1993, through July 23,
1993.
BACKGROUND:
This is the method of informing the City Commission of land use
actions, taken by designated Boards, which may be appealed by the
City Commission. After this meeting, the appeal period shall
expire (unless the 10 day minimum has not occurred).
Section 2.4.7(E) of the LDRs applies. In summary, it provides
that the City Commission hears appeals of actions taken by an
approving Board. It also provides that the City Commission may
file an appeal. To do so:
1. The item must be raised by a City Commission member.
2. By motion, an action must be taken to place the item on
the next meeting of the Commission as an appealed item.
'.
.,
City Commission Documentation
Report of Appealable Land Use Items
July 12, 1993 thru July 23, 1993
Page 2
PLANNING AND ZONING BOARD MEETING OF JULY 19, 1993
A. Endorsed (6 to 0), the Beautification of George Bush
Boulevard as proposed in conjunction with the development
of the Anchorage subdivision.
B. Approved (6 to 0), a conditional use modification request
to allow the addition of 108 seats and the establishment of
a community outreach program for the Mt. Olive Baptist
Church, which is located on the west side of N. W. 4th
Avenue, between Atlantic Avenue and N. W. 1st Street.
C. Determined on a 6 to 0 vote that stone cutting and
processing is similar to the industrial uses allowed in the
special geographic area within the Central Business
District.
No other appealable items were considered by the Board. The
following agenda items which were considered by the Board will
be forwarded to the City Commission as separate agenda items.
* Recommended approval (6 to 0), of a rezoning request from
Single Family Residential (R-1A) to Community Facilities
(CF) and concurrent conditional use modification associated
wi th the construction of an off-site parking lot for Mt.
Olive Baptist Church.
* Recommended approval (5 to 0), of a LDR Text Amendment to
delete the provision limiting the size of screen enclosures
in zero lot line developments to 35% of the net living
area.
* Endorsed (6 to 0), the replacement of the Official Zoning
Map.
* Endorsed (6 to 0), the Population Estimates and Projections
Report.
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF JULY 14, 1993
1. Approved the architectural elevation plan in conjunction
with renovation of an existing storage building to be
utilized for an after school program, Children's Day
Treatment at the South County Mental Health Facility which
is located on the east side of Military Trail, south of
Linton Boulevard (Vote 5 to 0).
2. Tabled the architectural elevation plan (addition of neon
lighting) for Abbey Road Grill, located within the Linton
International Plaza at Linton Boulevard and S.W. 10th
Avenue. The Board objected to the use of neon lighting
around the fascia (on the north elevation), however, would
consider neon lighting if limited to the awning and
coordinated with the business sign (Vote 5 to 0).
'.
..
City Commission Documentation
Report of Appealable Land Use Items
July 12, 1993 thru July 23, 1993
Page 3
3. Tabled the architectural elevation plan (for a temporary
order kiosk to be used at the drive-up window) for
McDonald's located within the Delray Crossings Shopping
Center at Linton Boulevard and Waterford Place. The Board
requested that the applicant address the tone of the
proposed red color and provide assurances that the kiosk
would not become a permanent fixture (vote 5 to 0).
4. Approved the architectural elevation plan (facade and color
change) for United House of Prayer for All People, located
on the east side of S.W. 15th Avenue, north of S.W. 2nd
Street (Vote 5 to 0). The associated site changes will be
approved administratively as a non-impacting modification.
5. Approved the site plan, landscape plan and architectural
elevation plan for Surles Commercial Building associated
with the construction of a 5,096 sq. ft. building located
on the west side of N.E. 4th Avenue, between N.E. 1st
Street and N.E. 2nd Street. Concurrently, the Board
recommended approval to waive the perimeter landscape
requirement along the south property line adjacent to the
building (Vote 4 to 0).
HISTORIC PRESERVATION BOARD MEETING OF JULY 21, 1993
x. Granted a Certificate of Appropriateness to allow
modifications to the west elevation for the Sundy House,
located at the southwest corner of Swinton Avenue and SW
1st Street. The proposed modifications will allow the
existing kitchen to be enlarged, construction of more
appropriate entrances to the restroom facilities and to
permit a more efficient traffic flow between the interior
rooms and the dining porch and deck. (Vote 7 to 0).
The associated site changes will be approved as a
non-impacting modification
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachment: Location Map
'.
'.
LOCATION MAP FOR
CIlY COMMISSION MEETING
OF JULY 27, 1993
L-'so CJ.IW.
-
l
WI IDA ~
,
!
.
i .
LOWSOH IOULlVAIaI
- I
I I .---
,
Z
---...., - I
L-A CANAL C-IS CAMAL
CIIY l&IIT'S ---- S.P .RAB. ITEMS: P. & z. ITEMS:
I IoIU I 1. - CHIl.DERH'S DAY TRE'ANENT 10. - CEORGE BUSH 8OUUVARO
I (. SOUTH COUNTY "ENTAL HEALTH SITE) B. - MT. OLIVE BAPTIST CHURCH
SCN..L 2. - ABBEY ROAD CRIlL
(. LINTON INTERNAlIONAL PlAZA~
N 3. - Woe DOHAlJ)'S ,fAA-ocr P ) H.P.S. ITEMS:
4. - UNITm HOUSE PRAYER
- 5. - SURLES COWl.lERCIAL 8U1LD1NC
x - SUNDY HOUSE
CITY Of OELAAY BEACH, A.
PlNOaNC OE:PNm./EHT
"
"
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fJ/t'1
SUBJECT: AGENDA ITEM i CfB - MEETING OF JULY 27, 1993
APPEAL OF PLANNING AND ZONING DIRECTOR'S DECISION
DATE: July 23, 1993
We have received an appeal of the Planning and Zoning Director's
decision denying the site plan for the FIND Mitigation Parcel
associated with The Anchorage project.
The appellant's basis for the appeal is that this denial will cause
at least a six month delay in the project and will cost in excess of
$20,000.
The Planning Director has prepared a report which addresses the items
contained in the appeal and which cites the authority relied upon to
deny the site plan. That report is attached as backup material for
this item.
Recommend consideration of the appeal of the Planning and Zoning
Director's decision denying the site plan for the FIND Mitigation
Parcel associated with The Anchorage project.
~ ~~ /fb;. ~
JI.L t.util ~ a.. ~ ~ fir ~
~/ ~ W/dajj 9'- gPo;7~.
,
'.
"
RECEIVED [~ I<,
67Jl
JUl 2 J 1993
CITY MANIlr'cr-.." W .
, ,-FleE
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
~\& ~,~M
FROM: I J. VACS, D RECTOR
DEPARTMEN OF PLANNING AND ZONING
SUBJECT: MEETING OF JULY 27, 1993
APPEAL OF DENIAL OF SITE PLAN, FIND MITIGATION
ASSOCIATED WITH "THE ANCHORAGE"
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a site and development plan. This matter is
before the City Commission on appeal of the applicant. The
site plan was denied by the Director of Planning via his
letter of June 21, 1993 (copy attached).
The project involves improvements to Florida Inland
Navigation District (FIND) MSA Parcel 645 C&D, 7.4 acres.
This parcel is located on the east side of the
Intracoastal, south of the 8th Street Bridge.
The authority for the Director's action is found in LDR
Section 4.4.23(E), Review and Approval Process in the CD
(Conservation) Zone District. That section states that all
activity on CD zoned property shall be approved by the
Director of Development Services (or as is currently
followed, the Director of Planning) . The appeal is made
pursuant to LDR Section 2.4.7(E)(1), Appeals. It is noted
that the appeal letter was NOT filed within the prescribed
time frame and was not directed to the appropriate City
Official, however, the applicant was not explicitly
informed concernin~ these requirements.
BACKGROUND:
In order to comply with a consent order with the Palm Beach
County Department of Environmental Resources Management
(PBC-DERM) and to offset wetland losses to be created by "The
Anchorage", the applicant is to restore 4.07 acres of mangrove
wetland at this FIND site.
A Mitigation Design (Wetlands Management Inc) program, dated May
14th, 1992, is the basis upon which the mitigation and
restoration is to be carried out. This program has required
approval by PBC-DERM, FIND, FDNR, and the U.S. Corps of
Engineers ( COE) .
..
..
City Commission Documentation
Appeal of denial of Site Plan,
FIND Mitigation Association with "The Anchorage"
Page 2
Prior to the preparation of that program, there had been
discussion regarding restoration of this property before the
City Commission. The City Commission entertained concerns
expressed by residents along Harbor Drive and the Beach Property
Owners and objected to installation of a boardwalk. There was
formal Board action on February 11, 1992, with the Minutes
reflecting to "make it clear that the City does not want public
access built into the project at this time "
. . . .
On March 5th, 1993, a site plan submission was received.
Additional information was requested on March 22nd. All
required information was received by May 13th. By letter of May
27th, the Director approved the site plan based upon specific
findings and understanding.
By his letter of June 3rd (copy attached), Mr. Swaim raised two
items for clarification, one dealing with roadways and the other
dealing with maintenance obligations. Based upon that
information and the resulting situation of a permanent roadway
along the north boundary of residential property fronting Harbor
Drive, the site plan was denied. Options for mitigation were
identified. These included: (a) removal of the access road
after the improvements are completed by cultivating the
compacted surface and planting appropriate vegetation, or (b)
use of a different access road configuration.
BASIS FOR THE APPEAL
By his letter of July 12, 1993, Mr. Swaim appears to raise four
points of basis for his appeal. Each point and the Director's
response follows.
#1 Six month delay in processinq: Upon receipt of the June
21st letter, Mr. Swaim informed the Planning Staff that a one
year delay would be encountered. The Director then contacted
FDNR and was informed that the change was not significant, would
necessitate a $250 fee, and would be accommodated within weeks
of receipt of an adequate submission.
#2 Additional cost in excess of $20,000: The Director does not
have a basis upon which to judge this allegation. If certified
receipts for the payment of the Wetland Mitigation Program
report were provided, an assessment could be made. However, in
order to accommodate the option of simply replanting the roadway
after its use, it does not appear that there will be any
significant engineering work required as this is the same
procedure to be used for the north road.
#3 No previous indication of concern with the south roadway:
Concerns with the south roadway were raised in the fall of 1991,
prior to preparation of the Wetlands Mitigation Program. Thus,
a prudent action would have been to incorporate the concern in
the program development. Upon receipt of the March, 1993, site
plan submission, the Director researched the file and noted the
concerns as stated in the October, 1991, BPOA letter.
"
'.
City Commission Documentation
Appeal of denial of Site Plan,
FIND Mitigation Association with "The Anchorage"
Page 3
#4 No requlation that would back-up the Director's position:
Please refer to LDR Section 2.4.5(F) (5), Findings, Site and
Development Plan Review which states ... the approving body
"must make a finding that development of the property pursuant
to the site plan will be compatible and harmonious with adjacent
and nearby properties and the City as a whole, so as not to
cause substantial depreciation of property values".
Based upon previous testimony and the contents of the BPOA
letter of October 30, 1991, the Director could not make the
above finding on the site plan as it was submitted.
FINDINGS NECESSARY TO SUSTAIN THE APPEAL
Pursuant to LDR Section 2.4.7 (E) (5), the City Commission must
make either of the following findings in order to reverse the
action (decision) of the Director.
(a) that the Director was incorrect in applying Section
2.4.5(F)(5);
or,
(b) that the finding made by the Director is incorrect and that
the development of the property pursuant to the site plan
will be compatible and harmonious with adjacent and nearby
properties.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board has not reviewed this item since
the authority for action rests with the Director.
ALTERNATIVE ACTIONS
1. Deny the appeal. This allows the project to proceed
provided that modifications as suggested by the Director be
made.
2. Sustain the appeal and approve the site and development
plan for FIND MSA Parcel 645 C&D.
RECOMMENDED ACTION
Since this is an appeal of the Director's action, a recommended
action is not provided. Commission discretion.
Attachments:
* Swaim appeal letter of July 12, 1993
* Kovacs denial letter of June 21, 1993
* Swaim clarification letter of June 3, 1993
* BPOA letter of October 30, 1991
'.
..
1/.27 ~
From, : WILLIAM SWAIM g, ASSOC. INC. PHONE No. : 407 395 7289 Jul.12 1993 11:54AM P02
Wn..LJAM SWAIM & AsSOCIATES
INCORPORATED
INVESTMENT BUILDER$ DEVELOPERS
July 12, 1993
Mr. David Harden Y1A FACSIMILE
City ManaO'er IgECEiVED
City of De1.rAY BRach
100 N.W. 1st Avenue JUl , 2 '''oS
oelray Beach, Florida 33444
CITY MANA '
Proj~ct.. liThe Anchorage" GfR S OFFICE
Delray Beach, Plo~ida
Subjeotl Mitigation Area Approval
Dear Mr. Hardens
Pur.uant to our telephone oonversation last Friday we
are appealing the Planning Departmont's donial of approval of
the FIND mitigation site. As you' know we have been per.mitting
the above projeot for over t~ree years and have just now re-
ceived all of our environmental permits. Mr. Kovacs denial of
the ~iti9ation 8ite will cause at loast a aix month dolay in
the project. Hie letter would indicate that a modification of
the permit would be minor, however, our experienoe with the
different permitting agencies to date has told ue that noth-
ing with thliJ..8 ayvnci8. is minor. In addition to the delays,
it would also co.~ in exc... of $20,000 for enoineering and
consulting f..s, for Any modifications. We submit.t.ed our
plan. on MArch 1st and until we received Mr. KOVACS letter
of June 21at, we bad no indication of the any concerns About
thAt aspect of the miti9at1on site. Additionally, we cannot
find any ~..lacion. that would back-up the Planning Depart-
ment's position to this matter.
In summary, we are formally requesting the City Comm~s-
sion to overrule the Planning Departments object~one and ap-
prove the mitigation site. It you have any questions or
need an~ additional intormal.ion, pleaife don't hesitate to
oall @4 7-395-7289.
~"..,~
, , ~-~ ',-.. .--,
.
-~.... - -
~c:.;' :' , i'
i' ,:,,' '<9 .J
\~ r c.
Swaim ~ ~ .
".
., <';
"
~ " ~'- ~. .
Fe
588S r"ACIFIC BOULEVARD. SUITE 2303
DOCA RATON, rLOrtlDA 33433
407-39&-7289
"
"
[ITY DF DELRAY BEAEH
100:'.lN 1st AVENUE . DELR'; Y BE':'CI-I, FLORIDA 33444 . 407243- 7C,::
June 21, 1993
Mr. William B. Swaim
William Swaim & Associates, Inc.
5685 Pacific Boulevard - Suite 2303
Boca Raton, FL 33433
Re: Approval Status - FIND MSA 645 C & D Parcels
Conditional Denial
Dear Bill,
I have reviewed the conditions and circumstances of approval of
the site plan, as contained in my letter of May 27th, for the
above project. This review was made in response to your letter
of June 3rd, wnerein you stated that the circumstances dealing
with item 12, access and maintenance roads, was incorrect; and,
that the City is to make a determination as to what agency
should be responsible for the long-term maintenance of the site.
Re: Access Roads: Upon discussion with FDER, it is
acknowledged that the wording of the permit condition (Item 11,
Page 8) is not clear but that two construction roads are
allowed. The north road would be removed and replanted. The
south road, along the south boundary, would remain.
"-
Given this situation, I find that the plans are inconsistent
with previously identified concerns. Accordingly, the site plan
is not approved (i.e. denied). A remedy to this denial would be
to alter the plans so that the south access road is also removed
and replanted; or that a different access road configuration be
used. FDER informs us that such a modification is not
significant and .- could be accommodated.
An alternative to modifying the plan, is to appeal this
decision to the City Commission. Such an appeal would be filed
pursuant to LDR Section 2.4.7(E).
Re: Maintenance Responsibility: Your letter states that Item 3
"suggests that we (Swaim) are to maintain the FIND in
perpetuity". Item 3 should not be interpreted in such a manner.
It only identifies what is stated in the permit; i.e.
Excerpt COE Permit, Page 3, Item 2b:
THE E;:FORT AL'NJ).YS MATTERS
'.
'.
To: Mr. William B. Swaim
William Swaim & Associates, Inc.
Re: Approval Status - FIND MSA 645 C & D Parcels
Conditional Denial
Page 2
"The permittee (Swaim) shall submit to this (COE) office
drafts of conservation agreements with the owner of
the "FIND" and "PARK" sites . . . within 120 days from the
issue date of this permit instrument. The agreements will
include: ......... a delineation of management
responsibilities (including but not limited to stating
which party removes exotic plant species in the future,
removes trash or debris, repairs structures and riprap, and
controls public access.) After approval of the agreements
..... the permittee shall record the agreements "
. . . .
In your letter of June 3rd, you state "the perpetual maintenance
responsibilities rely on FIND or the City". Item 3, City
letter of May 27th, was simply intended to affirm that approval
of the site plan did not constitute acceptance of any
maintenance responsibilities.
If there are to be City of Delray Beach responsibilities for
perpetual maintenance, they would be broached through your
(permittee) obligation to prepare and provide the conservation
agreement as required by the COE Permit. I presume that you
will formally approach the City regarding perpetual maintenance
at a later date.
Conclusion: The contents of this letter are in response to your
comments of June 3rd and are meant to clarify condition of
approval/understanding 13. Also, in response to a more proper
interpretation of Item 12, the site plan is denied with the
opportunity to obtain approval available through a site plan
modification or appeal, both of which are discussed in the body
of this letter.
Gja lly ,
viA:~~t-}4~
Department of Planning and Zoning
DJK/cm
c:
Thomas Lynch, Mayor
David Harden, City Manager
Project File
copy with Swaim letter of June 3, 1993
Sandra Almy, President, BPOA
Executive Director, F.r.N.D.
Palm Beach County - DERM
Trudie Bell, FDER
Joe Weldon, Director of Parks
'.
..
WILLIAM SWAIM & AsSOCIATES
c INCORPORATED
INVESTMENT BUILDERS DEVELOPERS
~
June 3, 1993
Mr. David J. Kovacs, Director
Planning and Zoning
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Property: MSA 645 C & 0
Subject: Clarifications
Dear Y..r. Kovacs:
In response to your letter of May 27th a couple of areas
need to be clarified, they are as follows:
In your letter Item 2, you stated that there will be
only one accea..'road, this is false. The permit is clear that
there are initially two access roads, one being a temporary
construction road, the other for construction and future
maintenance. If you need additional clarification on this
item we suggest you contact Trudie Bell with DER @904-488-
0130.
Item 3, suggests that we are to ~aintain the FIND site
in perpetuity, this is also false. We are only responsible
for the maintenance of the mitigation areas for the time out-
lined in the permits which is dependant on the success of the
mitigation efforts. The perpetual maintenance responsibili-
- _n_ --ties-rely-on--Fnm.or-.the.-CitY-1'-=-~tha~as_.already inquired to...--------
FIND for acquisition or the County which has expressed a wil-
lingness to enter into an agreement with the City to maintain
the property, if the City acquires the Site from FIND. It is
up to the City to make a final determination what agency
should be responsible for the long-term maintenance of this
property.
We hope will clarify our position as well as the
permits. If you any questions or need any additional in-
formation, pI nit hesitate to call 407-395-7289.
William B. Swaim
President -q>>/~~
cc: David T. Harden .., hliJE DU/[t:Tfj)
Mayor Tom Lynch JUN J.f;,1.!!J
9 1993
5685 PACIFIC BOULEVARD, SUITE :pe~NNIN
BOCA RATON, FLORIDA 33433 G & ZONING
407-395-7289
"
"
( BEACH PROPERTY OWNERS'
ASSOCIATION, INC. ~
-.~i\.- ~ P.O. BOX 375
. ~~'~ ~. DELRAY BEACH, FLORIDA 33444
-
Octobel" 30. 1991
Mr. David Roach
F.I.N.D.
1314 Marcinski Road
Jupiter, Florida 33477
Dear Mr Roach:
As agreed upon in our telephone conversation of October
23rd, this letter is to recap the Beach Property Owners'
Association's response to the proposed development of the
FIND parcel between Andrews Avenue and the Intracoastal
Waterway in Delray Beach. The parcel is located in an
established beach neighborhood which is represented by our
Association.
Recently Mr. Bill Swaim presented to the Delray Beach
Planning and Zoning Board d concept plan for his proposed
housing development, THE I~"'CHORAGE. Along with that plan he
presented his mitigation proposal f ()l. the Andrews Avenue
FIND property. At this time our organization is awaiting
the outcome of Mr. Swaim's permitting applications to the
various regulatory agencies. If he is successful in
securing the permits necessary to proceed then we would like
the opportunity to review the proposal for the Andrews
Avenue FIND parcel.
Residents of the immediate neighborhood have positive
interest in the environmental enhancement of the property.
At certain times of the year a foul smell emanates from the
property. It is a breeding ground for mosquitoes and
frequently b~comes a dumping ground for landscape cuttings
and other trash. We would welcome appropriate plans to deal
with these problems.
We do, however, have concerns about the proposed boardwalks
throughout the parcel. The boardwalks are meant to provide
public access to the FIND property and to the IeW, but they
wiil also provide public access to the backs of the homes
situated along the sides of the parcel. It is this loss of
security that disturbs us.
..~ -.r~
'- ......: .'. L "'"
~;''';: /;.f,.,r.':.!~, -'" v,.
~"~)-t'~ ,,,," ~~
~.:,,~ '---.'-
.-.....-.,;~, -~.~ ~ .
:.:.:.~.,...~ '.. ~"'!. '~~.- .'-
:~~--'". . -#~::~.::,"-'.-~.~:- - - ~~-:-.~----- .- A CORPORA TlON NOT FOR PROF IT
"
BEACH PROPERTY OWNERS'
ASSOCIATION, INC. ~~V~~
P.O. BOX 375
DELRAY BEACH, FLORIDA 33444
-
While we recognize the positive intent of FIND and Mr. Swaim
we do not feel that any action should be taken at the
expense of those most directly affected by that action.
Right now. I""hat we need most is education about the specific
"hows" and "whys" of the environmental aspects of the
proposal. Therefore, I ask that you keep us informed as the
proposal develops and that we be allowed the opportunity for
input at the appropriate time.
r shall look forward to hearing from you.
Sincerely,
~{trd?t?- {lLJvHI~
~andrd Almy .
Executive Director
Beach Property Owne~s' Association
" .:... -.f"'.. ~
, . ~ "
~..' ~'~~L~ -f'v.. , '
".:i":- -:."~
.'<~~~_. ....0.
~ o. . ____
" - ":~~~'~B- ',:..-
..-..-. "",.~c!- __I.
. -.- -
- .~~~.- ....->;~:::.~:.-:-::-- ~~-'..
-"-= A CORPORATION NOT FOR PROFIT
.. . --. -
'.
.,
. . CJrer-~J l eJeJ~ti
RurrzQ{Jfd ilL ( " !)
l- '<
J~)
[ITY OF DELRRif :BER[H i. .
7/;;}7 /93 ~ :.. '
CJTY A~TDIl i'Jty.~: -, -.' :. . :; ;:l.i{..\ Y D E.:,CH. FLORIDA ].;~~~
. Wr~~_r'. D~r_c~ L~n_
U, . ~. ,j, 1.. . - "
(407) 243-7090
MEMORANDUM
Date: July 21, 1993
To: city Commission
From: David N. Tolces, Assistant City Attorn~
Subject: Approval of Road Construction Agreements with William
Swaim and Associates for Palm Trail and N.E. 8th
Street
The two agreements before you for your approval are between the
City and William Swaim & Associates ("Swaim"). ~ Swaim is
planning on developing the project known as The Anchorage at
the north end of Palm Trial north of N.E. 8th Street. As part
of the development, Mr. Swaim is planning on installing
improvements along N.E. 8th Street from U.S. 1 east to the
Intracoastal Waterway, and along Palm Trail north of N.E. 8th
Street to the entrance of The Anchorage Development.
The road improvements Swaim will install include drainage,
paving, street lights, landscaping, and appropriate signage.
Under the proposed agreement, Swaim will pay the cost of
constructing the road improvements, and the City will reimburse
Swaim the lesser of $215,000 for the improvements on Palm Trail
or the total cost of the road improvements. The City will also
reimburse Swaim the lesser of $285,000 or the cost of the road
improvements along N.E. 8th Street. The payments will begin
one year after completion of the road improvements. The annual
payments to Swaim will equal the amount of the ad valorem tax
increment attributable to the Swaim property plus 5% interest.
Under the agreement, Swaim will have no obligation to perform
the road improvements until Swaim takes title to the property
for the Anchorage Development, and the final plat is approved.
An application for final plat approval is to be submitted
within six ( 6 ) months of the agreement's effective date.
The City will be responsible for relocating utility lines;
however, Swaim will pay the cost of relocating utility lines
underground. The City will be responsible for the cost of
9C
'. ".."
'.
. .
City Commission
July 21, 1993
Page 2
installing drainage necessary to drain areas other than the
road improvements.
If you have any questions regarding this matter, please call.
DNT: sh
Attachments
.
cc: David Harden, City Manager
David Kovacs, Director of Planning and Zoning
Cheryl Leverett, Executive Assistant
Bwaim-4.dnt
--
-
'. "1'1.
. . \;\'\\,A
,~ t;- ,'.
,
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: DAVID T, HARDEN, CITY MANAGER
FROM: Qb^;1-~~
DEPARTMENT OF PLANNING AND ZONING
DATE: JULY 26, 1993
SUBJECT: CITY COMMISSION ACTION ITEM - ROAD AGREEMENTS FOR
PALM TRAIL AND GEORGE BUSH BOULEVARD
The following information should be considered concurrently
with the agenda item on July 27th wherein the City
Commission is asked to approve submitted Road Construct.ion
Agreements.
In my opinion, the agreements are neither ready nor adequate
for approval at this time. My opinion is based upon the
following:
1. While the CRA has expressed an intent to provide TIF
increments in an annual allocation equal to City expenses
under the proposed road construction agreements, such an
agreement (between the City and the CRA) has not been
drafted. Previous discussions intended for concurrent
actions (agreement with Swaim and agreement with the CRA) by
the City Commission.
2. Both agreements refer to a schematic roadway design
shown in Exhibit "C". In both instances there are
significant changes to the cross-sections in certain reaches
of the roadways. These changes are detailed in the Planning
and Zoning Board staff reports and memoranda to the City
Engineer. The P&Z materials and the memoranda would be more
appropriate exhibits - particularly in light of Section
11(b), discussed later.
3. In addition to the roadway improvements, there are to be
improvements to private property - mainly to compensate
adjacent property owners for the loss of parking. The
requirement to provide this replacement parking and identify
it as a project cost should be in the agreement. Also,
provisions should be made for obtaining private owner
consents, processing of the related site plans, and
provision of normal financial guarantees.
'.
, .
To: David T. Harden
Re: City Commission Action Item - road Agreement for Palm
Trail and George Bush Boulevard
Page 2
4 . Section 4(a) provides that, in addition, to the annual
TIF payment, the City shall pay interest. This interest
payment would come from the City's General Fund. In FY
94/95 the interest payment for Palm Trail will be $10,750
and the interest payment for George Bush Boulevard will be
$14,250. This $25,000 expenditure has" heretofore been
unanticipated. rd'~
5. Section 11(b) relates that the Agreement sets forth all
understandings and supersedes all prior understandings, etc.
The lack of specific reference to the Planning and Zoning
Board actions and affixing related documents as exhibits
creates a situation wherein those actions become void in
light of these Agreements.
Other aspects of the proposed agreements which are of
question include the following:
.
A. The first WHEREAS states that Swaim is the contract
vendee of certain real property described in Exhibit "A".
Mr. Swaim has not provided documentation that indeed this
statement is factual. Such information has been requested
with respect to his preliminary plat submission and it has
not been provided.
B. The fourth WHEREAS refers to "said" tax increments
wherein this is the first reference to the term.
Apparently, this WHEREAS clause is left-over from previous
drafts. More appropriate wording should be provided.
C. Section 2(b) requires approval, by the City, of Plans
and Specifications within twenty days of submission. There
is no allowance for rejection of the submission, required
modifications, etc. Such time certain wording has
previously provided problems in the processing of the site
development plans for the Donnelly Tract. Also, this
Section does not mention the submission and review of site
plans for private property parking lot modifications which
are necessary to accommodate the proposed street
modifications.
D. Section 2(b) provides for a waiver of fees for
construction of the Road Improvements. Clarification should
be prov ided as to whether this waiver also applies to the
four to six private property (parking lot) site plans which
are to be processed concurrently.
E. Street lighting is identified [Section 4(a)] as a
project cost. There have been no details provided as to the
lighting fixture which is to be used. There has been
discussion that gas lights will be used along Palm Trail.
'. .,'1.'"
,.
To: David T. Harden
Re: City Commission Action Item - road Agreement for Palm
Trail and George Bush Boulevard
Page 3
There has also been discussion that the maintenance
responsibility for gas lights should not rest with the City,
but with The Anchorage Homeowners Association. If there is
no resolution ' of this matter, at this time, it is
appropriate to delete ."street lights" from the proposed
agreements.
F. Section 4(a) provides that "Swaim shall notify the City
in writing of the total cost of constructing the Road
Improvements". There is no provision for Swaim to provide
proof of costs of construction. In reimbursement situations,
documentation of costs is normal.
G. In neither agreement is there a Section 5.
H. In the Palm Trail agreement, Section 4(d) states that
Swaim will provide 200 Royal Palm trees. Mr. Swaim has been
adamant that Oaks will be provided along Palm Trail and the
Royal Palms along George Bush Boulevard. Verification that
Royal Palms will be used along both roadways should be
obtained.
I. Section 4(e) has an intent to require due diligence on
behalf of Swaim to proceed with the project in a timely
manner. However, the performance measure is only that of
submittal of a final plat. There is no requirement that the
submission be adequate for acceptance e.g. in full
compliance with any approved preliminary plat and its
conditions, nor the attendant private property (parking lot)
site plans. It is better to not have a performance
requirement, rather than one which is subject to multiple
interpretations.
J. The hold harmless provisions of these agreements should
also apply to loss of parking, loss of business during
construction, and any claims which may be brought by
adjacent property owners who are affected by the
improvements.
DJK/leh
c: David Tolces, Assistant City Attorney
Alison Harty, City Clerk
Ralph Hayden, City Engineer
Steve Taylor, Project Planner
Project Files
DJK/ROADCMTS. DOC
'.
'.
ROAD CONSTRUCTION AGREEMENT
FOR PALM TRAIL
THIS CONSTRUCTION AGREEMENT ( " Agreement" ) is made and
entered into this - day of , 1993, by and
between the CITY OF DELRAY BEACH, a Florida municipal
corporation ("city") and WILLIAM SWAIM & ASSOCIATES,
INCORPORATED, a Florida corporation ("Swaim").
WIT N E SSE T H:
WHEREAS, Swaim is contract vendee of certain real property
which is located in the City of Delray Beach, Florida and which
is more particularly described on Exhibit "A" ( "Swaim
Property") ; and
WHEREAS, Swaim plans to develop the Property substantially
in accordance with the conceptual plan attached hereto as
Exhibit "B" ("Development Plan"); and
WHEREAS, the parties desire to ensure the timely
construction of Palm Trail ("Road Improvements") located in the
city of Delray Beach; and
WHEREAS, the city desires to use funds equal to----the amount
of said tax increment payments to ensure the timely
construction of the Road Improvements; and
WHEREAS, the parties desire to enter into this Agreement to
legally bind each other to the terms hereof.
NOW, THEREFORE, and in consideration of the sum of TEN
DOLLARS ($10.00) and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the
parties hereto agree as follows:
1- Recitals. The foregoing recitals are true and correct
and are hereby incorporated herein by reference. All exhibits
to this Agreement are hereby deemed a part hereof.
2 . Preparation and Approval of Plans and Specifications.
(a) The parties shall cooperate in the preparation of
the plans and specifications ( "Plans and specifications") for
construction of the Road Improvements. The engineering fees
and costs to prepare the Plans and Specifications shall, after
approval by Swaim, be paid by Swaim. The Plans and
Specifications shall be substantially consistent with the
schematic roadway design shown in Exhibit "C".
1
F/208JRE/2
'.
(b) The parties shall cooperate in the preparation of
the Plans and Specifications to ensure that the Plans and
Specifications are in an acceptable form when submitted to the
City for review and approval. The city shall. use its best
efforts to approve the plans and specifications and issue all
applicable city permits for the construction of the Road
Improvements in as timely a manner as possible. The city
hereby agrees to waive any and all application, approval,
permit and inspection fees for construction of the Road
Improvements.
( c) The City shall use its best efforts to obtain
approval of all permits for construction of the Road
Improvements required by agencies other than the City. swaim
shall reimburse the City for any permi t application fees paid
by the city.
3 . Riqht-of-wav and utility Relocation.
(a) The parties have determined that fifty feet (50' )
of right-of-way is available for the Road Improvements on Palm
Trail.
(b) If the relocation of utility lines or facilities
is necessary to facilitate construction of the Road
Improvements, the City shall cause those utilit~lines or
facilities which are in place pursuant to the City's franchise
agreements with Florida Power and Light and Southern Bell to be
relocated at no cost to Swaim. The City shall not be
responsible for delays associated with relocation of utility
lines and facilities. Any utility lines relocated from above
ground to underground shall be relocated at no cost to the city.
4. Construction of Road Improvements.
( a) Swaim shall pay the cost of constructing the Road
Improvements as depicted in the approved Plans and
Specifications consistent with the schematic roadway design
shown in Exhibit "C". The cost of constructing the Road
Improvements shall include all costs associated with legal
fees, design fees, permit fees, insurance premiums, utility
construction and relocation (except for those costs addressed
in paragraph 3 (b) of this Agreement), site preparation,
drainage, paving, street lights, pavement markings, signage,
landscape irrigation and landscaping other than the landscape
improvements described in paragraph 4(d) of this Agreement.
Upon completion of construction of the Road Improvements, Swaim
shall notify the City in writing of the total cost of
constructing the Road Improvements. The City shall reimburse
Swaim the lesser of (1) $215,000 or (2) the total cost of
constructing the Road Improvements. Additionally, the City
shall reimburse Swaim for interest at a rate of five percent
(5%) per year simple interest. The City shall commence said
2
F/208JRE!2
'.
,.
payments to swaim one (1) year after the City accepts the Road
Improvements as completed, such acceptance shall not be
unreasonably withheld. The city shall continue to make annual
payments on the anniversary date of the first payment, for each
year thereafter, until the reimbursement amounts are paid in
full. The amount of said annual reimbursement payments shall
equal the amount of the ad valorem tax increment attributable
to the Swaim Property as defined in section 163.387(1), Florida
statutes, plus interest as s~t forth above.
(b) The Road Improvements include drainage
improvements sufficient to provide drainage for the Road
Improvements. If the City requires any drainage facilities to
be enlarged, beyond what is necessary to drain the Road
Improvements, the city shall pay the difference in costs
between the drainage facilities necessary to drain the Road
Improvements, and the drainage facilities requested by the City
("Increased Drainage Costs"). The City shall reimburse swaim
for the amount of the Increased Drainage Costs within sixty
(60) days of completion of the Road Improvements.
(c) Swaim shall obtain at least three (3) bids for
construction of the Road Improvements, or any portion thereof,
and Swaim shall select, after negotiation, if any, the lowest
qualified bidder(s) to construct the Road Improvements.
----
(d) Swaim hereby agrees to provide and install two
hundred (200) Royal Palm trees, in sizes which comply with City
Land Development Code requirements, in the right-of-way of Palm
Trail. Said trees shall be provided and installed at no cost
to the city.
(e) swaim shall have no obligat~on to perform under
this Agreement until swaim takes title to the Swaim Property,
and until approval by all applicable governmental agencies of
the final plat for the Swaim Property. swaim shall submit an
application for final plat approval with six (6) months of the
effective date of this Agreement.
6. Permits and Approvals. The parties acknowledge that
in order to develop the Swaim Property, Swaim will require
governmental approvals and permits. Accordingly, the City
hereby agrees to cooperate with Swaim in processing any and all
applications and plans necessary for the approvals and permits
for the Road Improvements. The parties acknowledge that
Exhibit "B" is a conceptual Development Plan and may be
modified or amended by Swaim as necessary to accommodate
Swaim's plans to develop the Swaim Property and to comply with
the City's Land Development Regulations.
3
F/208JRE/2
'.
"
7. Indemnification. Swaim hereby agrees to defend,
indemnify and save harmless the city, its officers, agents and
employees, from or on account of any claims, losses, injuries
or damages, received or sustained by any person or persons
during or on account of any operations with the construction of
the Road Improvements; or by or in consequence of any
negligence (excluding the sole negligence of the city), in
connection with the same; or by or on account of any use of any
improper materials or by or on account of any act or omission
of any contractor or contractors hired by Swaim to construct
the Road Improvements ("Contractor" ) or said Contractor's
subcontractors, agents, servants or employees. Swaim shall
defend, indemnify and save harmless the city, its officers,
agents and employees, against any liability arising from or
based upon the violation of any Federal, State, County or City
laws, by-laws, ordinances or regulations by the Contractor, his
subcontractors, agents, servants or employees. Swaim shall
further defend, indemnify and save harmless the City from all
such claims and fees and from any and all suits and actions of
every name and description that may be brought against the City
on account of any claims, fees, royalties, or costs for any
invention or patent, and from any and all suits and actions
that may be brought against the City for the infringement of
any and all patents or patent rights claimed by any person,
firm, or corporation. Swaim shall defend at its own expense or
shall provide for such defense, at the City's optibn-, against
any and all claims or liability and all suits and actions of
every name and description that may be brought against the City
which may result from the operations and activities under this
Agreement whether the construction operations be performed by
the Contractor, his subcontractor or by anyone directly or
indirectly employed by either. This indemnification shall
include all costs and fees including attorneys' fees and costs
at trial and appellate levels.
8. Contractor's Insurance.
(a) General. Swaim agrees that the construction
contracts for work on the Road Improvements shall include
insurance of the types and to the limits specified in this
paragraph 7 of this Agreement.
(b) Notice of Cancellation and/or Restrictions. The
required policy(ies) shall be endorsed to provide the City with
thirty ( 30) days' written notice of cancellation and/or
restriction.
(c) Coveraqe. Except as otherwise stated herein, the
amounts and types of insurance shall conform to the following
minimum requirements:
4
F/208JRE/2
'.
'.
(1 ) All subcontractors shall maintain Workers'
Compensation insurance during the period said subcontractors
are working on the Road Improvements. Coverage shall apply for
all employees up to statutory limits in compliance with
applicable state and Federal laws. The Contractor shall
defend, indemnify and save the City harmless from any damages
resulting to the city for failure of the Contractor or any
subcontractor to obtain or maintain such insurance.
(2) Employers' Liability coverage with statutory
limits of $100,000 per accident and $500,000 aggregate.
(3) Comprehensive General Liability or
Commercial General Liability coverage must be afforded on a
form no more restrictive than the latest edition of the
Comprehensive General Liability Policy or Commercial General
Liability Policy filed by the Insurance Services Office, and
must include:
(A) Minimum Limits of total coverage of
$500,000 per occurrence combined single limit for Bodily Injury
Liability and Property Damage Liability.
(B) Premises and/or Operations.
(C) Independent Contractor. ---
(D) Products and/or Completed Operations.
(E) Broad Form Property Damage including
Completing Operations.
(F) Broad Form Contractual Coverage
applicable to this specified Agreement, including any hold
harmless and/or indemnification agreement.
(G) Personal Injury coverage with employees
and contractual exclusions removed.
(H) Additional Insured. The City is to be
specifically included as an additional insured on the
Comprehensive General Liability or Commercial General Liability
policies provided for herein.
(I) The contractor shall require each
subcontractor to procure and maintain, during the life of the
subcontract, insurance of the type and in the same amounts
specified herein, or Swaim shall cause the contractor to insure
the activities of subcontractors in the contractor's own
insurance policy.
5
F/208JRE/2
"
'.
(3) Business Auto Policy. Coverage must. be
afforded on a form no more restrictive then the latest edition
of the Business Auto Policy filed by the Insurance Service
Office and must include:
(A) Minimum limit of $300,000 per
occurrence combined single limit for Bodily Injury Liability
and Property Damage Liability.
(B) Owned Vehicles.
(C) Hired and Non-Owned Vehicles.
(4) Best's Ratinq. A current rating of no less
than B+ 12 by Best's Rating Service is required for any
carriers providing coverage required under the terms of this
Agreement. No work under the Agreement shall commence until
all insurance required under this Agreement has been procured
and the City has been supplied with certificates of insurance
and such certificates have been approved by the City. Swaim
shall cause the contractor to be responsible for, obtain and
file insurance certificates on behalf of its subcontractors.
9 . ReI iance and Remedies. The parties agree that the
arrangement set forth in this Agreement is unique and a breach
of this Agreement may not be susceptible to monet~ damages,
and therefore, it is specifically hereby agreed that this
Agreement may, in addition to any other remedies available at
law or in equity, be specifically enforced in a court of
competent jurisdiction.
10. Bonds. Swaim shall require the Contractor to furnish
performance and payment bonds, each in an amount at least equal
to the contract price as security for the faithful performance
and payment of all obligations under the contract to construct
the Road Improvements between Swaim and the Contractor.
11. Miscellaneous.
(a) Due Diligence. The parties covenant that each
party shall immediately commence all actions necessary to
fulfill its obligations hereunder and shall diligently pursue
the same throughout the existence of this Agreement.
(b) Entire Agreement. This Agreement sets forth all
of the promises, covenants, agreements, condi tions and
understandings between the parties hereto, and supercedes all
prior and contemporaneous agreements, understandings,
inducements or conditions, express or implied, oral or written,
except as herein contained and except for that certain Sewer
Agreement between the parties dated and except for
that certain Road Construction Agreement for the construction
6
F/208JRE/2
'.
'.
of George Bush Boulevard dated , both of
which shall remain in full force and effect.
( c) Pronouns; Headings. All pronouns and any
variations thereof shall be deemed to refer to the masculine,
feminine and neuter, singular or plural, and to the identity of
the party or parties, personal representatives, successors or
assigns may require. The section headings contained in this
Agreement are inserted for convenience and shall not affect in
any way the meaning or interpretation of this Agreement.
(d) Severability. The invalidity of any provision
hereof shall in no way affect or invalidate the remainder of
this Agreement.
(e) Counterparts. This Agreement may be executed in
one or more counterparts, each of which shall be deemed an
original, but all of which shall together constitute one in the
same instrument.
( f) Governing Law. This Agreement shall be construed
in accordance with the laws of the state of Florida, and any
proceeding arising between the parties in any manner pertaining
this Agreement shall, to the extent permitted by law, be held
in Palm Beach County, Florida.
--.
(g) Attorney's Fees. Should either party hereto
bring an action against the other party hereto to enforce the
terms and provisions hereof, the party prevailing in such
action shall be entitled to a judgment against the other party
for said party's reasonable attorney's fees and costs.
(h) Amendments. This Agreement may not be modified
or terminated orally, but only in writing signed by the parties
hereto.
( i) Assignment. Swaim may assign this Agreement
subject to approval of the Delray Beach City Commission, which
approval shall not be unreasonably withheld.
(j) Termination Date. This Agreement shall terminate
one (1) year from the effective date of this Agreement unless
the parties agree on extension of time. Such extension shall
not be unreasonably withheld.
(k) Notice. Any notice to be given shall be in
writing and shall be sent to the party being notified at the
following addresses:
7
F!208JRE/2
'.
..
As to City: City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Copy to: City Attorney
City of Delray Beach
200 N.W. 1st Avenue
Delray Beach, FL 33444
As to swaim: william Swaim, President
William Swaim & Associates
5685 Pacific Boulevard, #2303
Boca Raton, FL 33433
Copy to: Ruden, Barnett, McClosky, Smith,
Schuster & Russell, P.A.
Post Office Box 1900
Fort Lauderdale, FL 33302
Attn: Dennis D. Mele, Esq.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first above written.
CITY OF DELRAY BEACH, a --N...orida
municipal corporation
By:
Mayor
By:
City Manager
ATTEST:
city Clerk
Approved as to Form:
city Attorney
8
F!208JRE!2 .
'.
..
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the state aforesaid and in the County
aforesaid to take acknowledgments, the foregoing instrument was
acknowledged, before me by and ,
the and of the CITY OF DELRAY BEACH,
FLORIDA, a municipal corporation of Florida, and acknowledged
that they executed the foregoing Agreement. He/She is
personally known to me or who has
produced as identification and who
DID/DID NOT take an oath.
WITNESS my hand and official seal in the County and State
last aforesaid this _ day of , 199 - .
Notary Public
Typed, printed or stamped name of
Notary Public
My Commission Expires: ---
9
F/208JRE/2
'.
WILLIAM SWAIM & ASSOCIATES,
INCORPORATED
By:
Printed Name: WILLIAM SWAIM, President
Printed Name:
STATE OF FLORIDA )
) SS:
COUNTY OF BROWARD )
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State aforesaid and in the County
aforesaid to take acknowledgments, the foregoing instrument was
acknowledged before me by WILLIAM SWAIM, the President of
WILLIAM SWAIM & ASSOCIATES, INCORPORATED, freely and
voluntarily under authority duly vested in him by said
corporation and that the seal affixed thereto is the true
corporate seal of said corporation. He is personally known to
me or who has produced --- as
identification and who DID/DID NOT take an oath.
WITNESS my hand and official seal in the County and State
last aforesaid this _ day of , 199 - .
Notary Public
State of Florida at Large
Typed, printed or stamped name of
Notary Public
My Commission Expires:
10
F/208JRE/2
'.
LIST OF EXHIBITS
Exhibit A - Legal Description of Swaim Property
Exhibit B - Development Plan for the Swaim Property
Exhibit C - Schematic Roadway Design for Palm Trail
--
11
F/208JRE/2
'.
"
U~bl,;l<ln II"'.
llo1nQ a pOllio" of "I\I!:NK:lHT" , .. r.cnrded in Plat Bo)k 70.
P&9~ 65. "KOY~L PALM OARO~NG". ~c '.cord~d In PI~t !vok 21.
PA;' 57, "HARNl 1l[l!:XILL~K eUDDIvISION", u r~o"rded in 1'1 At
Dook 9 1'19' 72, "L^-HACI~nuA", a. ,.corded l~ rlat 'ook l~.
P.g" 6: lild "BHOW HI l.!." , II "~"l'<l.d 11'1 Plat loolr. 21, Pa;e
B3. All ot ~h. Publlc Recor~' ot y.lm a..eh Cnuntr. Flurid.,
..1.0 Iyillll in Sootion 9. Tow,,~l.lt> 016 South. R.nQ~ ;.l !t..L
Palm B~4ch ~nuntv. ~lulj~.. ~clnq more ~4rticul~rlv
rl~acrib,d .~ fnllow,:
COHHEl4Cl~(..l .t \h.... Horl;hl.:;,t.6t cnrn'!r ..,f said S.t'!lior. 9: thflloee
S 09' 22' \t" II .Ionq the Horth lin~ thero~f. a di~Lano~ ot
!~U ~7 [,,"t to . 0041\\ rot jntern~.,tlon "ith th.. ,,,,".t~rl"
rlahl-of.""' lln. ot that 30n,cO foot daht-ot-yav fllr the
"IHTRAc01..::;TAI. WATlt~W"'Y", u (~co,,;.J In Pl.t Ilook 17. I'll....
1,' th"",o~ [; 11. ~l' 1'" If .101'19 Idd IIe.t d.,ht.-of..."V
li~l:. . ,11..t.nla "t 0.91 r....t: thnoo. II 07" 113' lC;" II
oonlinul1l9 "long .aid West dqht-ot-...y Un.. . diat_n". Df
~1l~.U 'eet to the 10I!lT or Ilr:O:KHU"; I:he"oe a 07' 03' u"
W eontillu1no alonll e.it.! w...t: rillht-of-wa)' llr.", a 41at.ano.
of lOOG.OO !e..t: th..noa II 07. U' U" N. oonUnu1ng _lon'l
a.id Welt rlqht-ot-".1 lina, . diat.nee of &24.4' '''01: to
the 60uth...t corner of Lot A of a.id pl.t of "KENHOH''';
thence S 89 0(' ~3" W alon;l the 60uth \1ne of _.1d Lot A., -
diat.nce at 201.53 tlet to . point of intera.ction with the
Zaat riqht-of-wav line of "I>AI.)( TRAIL". .a _hown on .Iid
plat .~d the North....at oorner nf Lot a of _.id ol.t of
"RElfMOliT"; thel'lc. S 07' 17' 23" If alonq the I!.at riqht-of-
way lin~ o! said "P^LH TRAIL", . dJatance of 164,28 fe.t to
a point of inter_eetion "ith the Ea.terly projection of tn.
south line ot Lot 28 of Slid plat of "KEftHONT"; th.nce S 890
42' 10" II .1cng aaid Eaaterly projeeticn and t.h. South line
ot .aid Lot 28.. di.tanoe of 234.~9 f~..t to th. Southw..t
oorn.r of .aid Lot 28: ~hence H 00- 42' 38" W .Ionq t.he Wa.t
lina of Lot. 28 throuah .1 and the Northerly frojeotion
thoreof, ot a.id plat of "I\;EllMOIIT". e di.t.nee c:f 240.4S
teet to I ooint of intorl.etinn with tho South line of ..1d
ol.t of "LA.-HACl~ND~": thenc. 8 sr 01' 03" W alona .aid
Soulh lin~. . di_tanee of 22.79 f~et to . oo1nt ~f
inter.ection "ith the ta.torly lin. of the southerly
oroi.otion of the I.at lin. of Lot ?O. Block E of sa1d plat
of ~LA-KACIEHOA"; thence N 07" (5' 00. E .lon9 said
loutherly projeotio~ and the E..t line of .aid Lot 20. a
di_t"nee of 128,20 t.et to tho Nort~ea3t eorner of ..id Lot
20: thenco ~ 36" 05' 16" W, . dist.nce of 96.42 teot to the
~outh.ast cornlr of ~o~ 22. Block D of .aid plat of
"w\-HACI ENDA".: thenel 8 H' 12' 2~" W along the 'r;uth I1na
of Hid Lot 22.. diat.nee of 132.32 feet. to th.. Southnat ____
corner of Lot 23, Block D of ..id plat ot "Lll~ACIENDII";
thence II 07' ~9' (2" E alo~lJ th4 Eaat lino of .aid Lot 23
and Lot 16. Slack D and tho Ea.t line of Lot 16, Blook C of
..id olat of "LA-HACIENDA". a di.t.no. of 523.43
f..t to a point of inter.ection with tho Horth line of .aid
pl.t of "L~-HACtENDA"; thanc. S 89- 16' '6" W alon9 the
Hortb lin. ..1d plat of "LA-HACII!:NDA", a diatanc. of 194.50
feet; thence N 00" 38' IS" E. a distance of 240.32 faet to .
point of intersection with the South line of I.id pl.t at
"ROYAL pALM OMDENS PLAT HO. ~". thence 6 89" 21' U" If
.10n9 .aid So~th line, . dietance of 19.19 te.t to tb.
Southwe.t eorn..r ot Lot 11, Block B of said plat of "KOYAL
PALH OARDENS PLAT NO.3'" thence II 00" 38' 18~ E 810n9 t.h.
Weat line of laid Lot 11. Slack Bind the Itest 11ne of Lot
11, Block ~. a diatanee of 331.81 feet to the Northwest
eorn.r of ..id Lot ll, Block A; thence II 89" 22' 31" E Ilon9
the North line of aaid plat of "ROYilL P~LH OllltDBtlS PLAT NO.
3P. a di~t.nce of 616.03 feet to tha southwe.t oorner of Lot
25. l:'lock B of said plat at "SNOW RILL": thane.. " OO~ 40'
09" ~ .Ionq the Woat line of Lots 25 throuoh 27, Block R of
laid olat of "'HOW HILL". a diptance of 142.10 f..t to tbe
Northwest cornor of said Lot 27. Block B; thence " 89- 22'
14" t elono the North line of .Aid Lot 27. Block J. a
di_tance of 128.95 feet to the Horthe..t corner of _aid Lot
21. Block B and the Weat riaht-of-way I ine of "PALM TRAIL".
.. .holfn on .aid plat of "SHOW HILL"; thence IC 07- 00' 42" E
.10n9 .aid We.t rioht-of-y,y line, a di.tanoe of ~02.72 f.et
to . point of inter.ection with the Mesterly projeetl~n of
of the North 11n. of Lot 8 of 3.1d plat. of "SNOW RILL";
thanee If .,1. 22' U" I!: alon9 alid wutnll' projection and
the Sortb line of ..id Lot 8, . dlst.nee of 250.50 f.et to
the 'OIMT Q~ O&OIM"tNO.
8ald lande .itu.t. in the City of Del ray Beach. Palm Beaen
CDw,ly. 'lorld..
cont~ininQ 26.29 ~erea. more or less.
Subject to Ea.ement., a..triation., R03erv.tion.. Covenant.,
- end alQbta-u!-Way bf Reoord.
EXHIBIT "A~
'.
"
---
.
~.
~~ 111
~! 111
;[!]
!'
~
,. EXHIBIT nBn
"
,
~~~ ,~
-
I
>- >-' 0
III III ro en ~ \,oJ '7
II ~~~~~~Q
t! ~I
~~
d4
~ 2'j
_J
.... ~ ~
en ....
~ r(
L
,ti
'.
1n r- I~ !
I
....
uI
a: ,
~ ;,
0 ai
(" ,..
t5 --:
- .( vi
~ h.. 11,
Q: U.
! :l Z I
en all
r, Z 0
~ ~ ~ () ~
~
tr. .... r= V)
U~.......
T ~ ~ u 0
8~~ ld ~ ....
lI)
~ (/)<( ...
u lS " >
a: LoI
r: 0 en rc
I ~ el ~ Ot- I,'l
'0 .. :c ::a I::) <( ~
In"" I., e,:J~ O:e Vi ~
n. ~ . !
.-;( ..c: Q ::J CL':...J w ~ I
l) .... ~ in a: .
~ <( \9
n I U -< -JQ..
~ VI ~ t-
4 W Q.. Vl <{
..J ~ ~ .
<-, ~ ~
o ~ -
0-
r
f- ~....
~ !I
~ tJi.8
· J ... z
i t ~!~ 0
life-. i=
N ~ ~ Jl~ u
I.IJ
(J)
~hJ ~
V')
0
5 ~< ct
I- i: ::;) i 2 \J
~! p. I
\II '
1o.lQ; ~
3:
LU <
~ ~
~
~<t
~~ ~
~4 -.I
<(
0..
EXHIBIT "e"
-.... --.
..
,.
ROAD CONSTRUCTION AGREEMENT
FOR GEORGE BUSH BOULEVARD
THIS CONSTRUCTION AGREEMENT ( " Agreement" ) is made and
entered into this - day of , 1993, by and
between the CITY OF DELRAY BEACH, a Florida municipal
corporation ("city") and WILLIAM SWAIM & ASSOCIATES,
INCORPORATED, a Florida corporation (" Swaim") .
WIT N E SSE T H:
WHEREAS, Swaim is contract vendee of certain real property
which is located in the City of Delray Beach, Florida and which
is more, particularly described on Exhibit "A" ( "Swaim
Property"); and
WHEREAS, Swaim plans to develop the Property substantially
in accordance with the conceptual plan attached hereto as
Exhibit "B" ("Development Plan"); and
WHEREAS , the parties desire to ensure the timely
construction of George Bush Boulevard ( "Road Improvements")
located in the City of Delray Beach; and
WHEREAS, the City desires to use funds equal t~e amount
of said tax increment payments to ensure the timely
construction of the Road Improvements; and
WHEREAS, the parties desire to enter into this Agreement to
legally bind each other to the terms hereof.
NOW, THEREFORE , and in consideration of the sum of TEN
OOLLARS ($10.00) and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the
parties hereto agree as follows:
1. Recitals. The foregoing recitals are true and correct
and are hereby incorporated herein by reference. All exhibits
to this Agreement are hereby deemed a part hereof.
2. Preparation and Approval of Plans and Specifications.
(a) The parties shall cooperate in the preparation of
the plans and specifications ( "Plans and Specifications") for
construction of the Road Improvements. The engineering fees
and costs to prepare the Plans and Specifications shall, after
approval by Swaim, be paid by Swaim. The Plans and
Specifications shall be substantially consistent with the
schematic roadway design shown in Exhibit tIC".
1
F/209JRE/3
"
"
(b) The parties shall cooperate in the preparation of
the Plans and Specifications to ensure that the Plans and
Specifications are in an acceptable form when submitted to the
city for review and approval. The City shall use its best
efforts to approve the plans and specifications and issue all
applicable City permits for the construction of the Road
Improvements in as timely a manner as possible. The City
hereby agrees to waive any and all application, approval,
permit and inspection fees for construction of the Road
Improvements.
(c) The City shall use its best efforts to obtain
approval of all permits for construction of the Road
Improvements required by agencies other than the city. Swaim
shall reimburse the city for any permit application fees paid
by the City.
3. Riqht-of-way and Utility Relocation.
(a) The parties have determined that sixty-six feet
(66' ) of right-of-way is available for the Road Improvements on
George Bush Boulevard.
(b) If the relocation of utility lines or facilities
is necessary to facilitate construction of the Road
Improvements, the City shall cause those utilitY--lines or
facilities which are in place pursuant to the city's franchise
agreements with Florida Power and Light and Southern Bell to be
relocated at no cost to Swaim. The city shall not be
responsible for delays associated with relocation of utility
lines and facilities. Any utility lines relocated from above
ground to underground shall be relocated at no cost to the City.
4. Construction of Road Improvements.
(a) Swaim shall pay the cost of constructing the Road
Improvements as depicted in the approved Plans and
Specifications consistent with the schematic roadway design
shown in Exhibit "C". The cost of constructing the Road
Improvements shall include all costs associated with legal
fees, design fees, permit fees, insurance premiums, utility
construction and relocation (except for those costs addressed
in paragraph 3(b) of this Agreement), site preparation,
drainage, paving, pavement markings, signage, construction of
parking areas, landscape irrigation and landscaping other than
the landscape improvements described in paragraph 4 (d) of this
Agreement. Upon completion of construction of the Road
Improvements, Swaim shall notify the City in writing of the
total cost of constructing the Road Improvements. The City
shall reimburse Swaim the lesser of (1) $285,000 or (2) the
total cost of constructing the Road Improvements.
Additionally, the City shall reimburse Swaim for interest at a
rate of five percent (5%) per year simple interest. The city
2
F/209JRE/3
'.
"
shall commence said payments to swaim one ( 1) year after the
City accepts the Road Improvements as completed, such
acceptance shall not be unreasonably withheld. The City shall
continue to make annual payments on the anniversary date of the
first payment, for each year thereafter, until the
reimbursement amounts are paid in full. The amount of said
annual reimbursement payments shall equal the amount of the ad
valorem tax increment attributable to the Swaim Property as
defined in section 163.387 (1) , Florida statutes, plus interest
as set forth above.
(b) The Road Improvements include drainage
improvements sufficient to provide drainage for the Road
Improvements. If the City requires any drainage facilities to
be enlarged, beyond what is necessary to drain the Road
Improvements, the City shall pay the difference in costs
between the drainage facilities necessary to drain the Road
Improvements, and the drainage facilities requested by the City
("Increased Drainage Costs"). The City shall reimburse Swaim
for the amount of the Increased Drainage Costs within sixty
(60) days of completion of the Road Improvements.
(c) Swaim shall obtain at least three (3) bids for
construction of the Road Improvements, or any portion thereof,
and Swaim shall select, after negotiation, if any, the lowest
qualified bidder(s) to construct the Road Improvemen~
(d) Swaim hereby agrees to provide and install two
hundred (200) Royal Palm trees, in sizes which comply with City
Land Development Code requirements, in the right-Of-way of
George Bush Boulevard. Said trees shall be provided and
installed at no cost to the City.
(e) Swaim shall have no obligation to perform under
this Agreement until Swaim takes title to the Swaim Property,
and until approval by all applicable governmental agencies of
the final plat for the Swaim Property. Swaim shall submit an
application for final plat approval with six (6) months of the
effective date of this Agreement.
6. Permits and Approvals. The parties acknowledge that
in order to develop the Swaim Property, Swaim will require
governmental approvals and permits. Accordingly, the City
hereby agrees to cooperate with Swaim in processing any and all
applications and plans necessary for the approvals and permi ts
for the Road Improvements. The parties acknowledge that
Exhibit liB" is a conceptual Development Plan and may be
modified or amended by Swaim as necessary to accommodate
Swaim's plans to develop the Swaim Property and to comply with
the City'S Land Development Regulations.
3
F/209JRE/3
..
'0
7. Indemnification. Swaim hereby agrees to defend,
indemnify and save harmless the City, its officers, agents and
employees, from or on account of any claims, losses, injuries
or damages, received or sustained by any person or persons
during or on account of any operations with the construction of
the Road Improvements; or by or in consequence of any
negligence (excluding the sole negligence of the city), in
connection with the same; or by or on account of any use of any
improper materials or by or ,on account of any act or omission
of any contractor or contractors hired by Swaim to construct
the Road Improvements ("Contractor" ) or said Contractor's
subcontractors, agents, servants or employees. Swaim shall
defend, indemnify and save harmless the City, its officers,
agents and employees, against any liability arising from or
based upon the violation of any Federal, State, County or City
laws, by-laws, ordinances or regulations by the Contractor, his
subcontractors, agents, servants or employees. Swaim shall
further defend, indemnify and save harmless the City from all
such claims and fees and from any and all suits and actions of
every name and description that may be brought against the City
on account of any claims, fees, royalties, or costs for any
invention or patent, and from any and all suits and actions
that may be brought against the City for the infringement of
any and all patents or patent rights claimed by any person,
firm, or corporation. Swaim shall defend at its own expense or
shall provide for such defense, at the City's optiOn,- against
any and all claims or liability and all suits and actions of
every name and description that may be brought against the City
which may result from the operations and activities under this
Agreement whether the construction operations be performed by
the Contractor, his subcontractor or by anyone directly or
indirectly employed by either. This indemnification shall
include all costs and fees including attorneys' fees and costs
at trial and appellate levels.
8. Contractor's Insurance.
(a) Genera 1. Swaim agrees that the construction
contracts for work on the Road Improvements shall include
insurance of the types and to the limits specified in this
paragraph 7 of this Agreement.
(b) Notice of Cancellation and/or Restrictions. The
required policy(ies) shall be endorsed to provide the city with
thirty (30) days' written notice of cancellation and/or
restriction.
(c) Coveraqe. Except as otherwise stated herein, the
amounts and types of insurance shall conform to the following
minimum requirements:
4
F/209JRE/3
'.
(1) All subcontractors shall maintain Workers'
Compensation insurance during the period said subcontractors
are working on the Road Improvements. Coverage shall apply for
all employees up to statutory limits in compliance with
applicable state and Federal laws. The Contractor shall
defend, indemnify and save the City harmless from any damages
resulting to the City for failure of the Contractor or any
subcontractor to obtain or maintain such insurance.
(2) Employers' Liability coverage with statutory
limits of $100,000 per accident and $500,000 aggregate.
(3) Comprehensive General Liability or
Commercial General Liability coverage must be afforded on a
form no more restrictive than the latest edition of the
Comprehensive General Liability Policy or Commercial General
Liability Policy filed by the Insurance Services Office, and
must include:
(A) Minimum Limits of total coverage of
$500,000 per occurrence combined single limit for Bodily Injury
Liability and Property Damage Liability.
(B) Premises and/or operations.
(C) Independent Contractor. ----
(D) Products and/or Completed Operations.
(E) Broad Form Property Damage including
Completing Operations.
(F) Broad Form Contractual Coverage
applicable to this specified Agreement, including any hold
harmless and/or indemnification agreement.
(G) Personal Injury coverage with employees
and contractual exclusions removed.
(H) Additional Insured. The City is to be
specifically included as an additional insured on the
Comprehensive General Liability or Commercial General Liability
policies provided for herein.
(I) The contractor shall require each
subcontractor to procure and maintain, during the life of the
subcontract, insurance of the type and in the same amounts
specified herein, or Swaim shall cause the contractor to insure
the activities of subcontractors in the contractor's own
insurance policy.
5
F/209JRE/3
'.
(3) Business Auto Policy. Coverage must be
afforded on a form no more restrictive then the latest edition
of the Business Auto Policy filed by the Insurance Service
Office and must include:
(A) Minimum. limit of $300,000 per
occurrence combined single limit for Bodily Injury Liability
and Property Damage Liability.
(B) Owned Vehicles.
(C) Hired and Non-Owned Vehicles.
(4) Best's Ratinq. A current rating of no less
than B+ 12 by Best's Rating Service is required for any
carriers providing coverage required under the terms of this
Agreement. No work under the Agreement shall commence until
all insurance required under this Agreement has been procured
and the City has been supplied with certificates of insurance
and such certificates have been approved by the City. Swaim
shall cause the contractor to be responsible for, obtain and
file insurance certificates on behalf of its subcontractors.
9. Reliance and Remedies. The parties agree that the
arrangement set forth in this Agreement is unique and a breach
of this Agreement may not be susceptible to monetary.... damages,
and therefore, it is specifically hereby agreed that this
Agreement may, in addition to any other remedies available at
law or in equi ty , be specifically enforced in a court of
competent jurisdiction.
10. Bonds. Swaim shall require the Contractor to furnish
performance and payment bonds, each in an amount at least equal
to the contract price as security for the faithful performance
and payment of all obligations under the contract to construct
the Road Improvements between Swaim and the Contractor.
11. Miscellaneous.
(a) Due Diligence. The parties covenant that each
party shall immediately commence all actions necessary to
fulfill its obligations hereunder and shall diligently pursue
the same throughout the existence of this Agreement.
(b) Entire Agreement. This Agreement sets forth all
of the promises, covenants, agreements, conditions and
understandings between the parties hereto, and supercedes all
prior and contemporaneous agreements, understandings,
inducements or conditions, express or implied, oral or written,
except as herein contained and except for that certain Sewer
Agreement between the parties dated and except for
that certain Road Construction Agreement for the construction
6
F/209JRE/3
'.
of Palm Trail dated , both of which shall remain
in full force and effect.
(c) Pronouns; Headings. All pronouns and any
variations thereof shall be deemed to refer to the masculine,
feminine and neuter, singular or plural, and to the identity of
the party or parties, personal representatives, successors or
assigns may require. The section headings contained in this
Agreement are inserted for convenience and shall not affect in
any way the meaning or interpretation of this Agreement.
(d) Severability. The invalidity of any provision
hereof shall in no way affect or invalidate the remainder of
this Agreement.
(e) Counterparts. This Agreement may be executed in
one or more counterparts, each of which shall be deemed an
original, but all of which shall together constitute one in the
same instrument.
(f) Governing Law. This Agreement shall be construed
in accordance with the laws of the State of Florida, and any
proceeding arising between the parties in any manner pertaining
this Agreement shall, to the extent permitted by law, be held
in Palm Beach County, Florida.
-------
(g) Attorney's Fees. Should either party hereto
bring an action against the other party hereto to enforce the
terms and provisions hereof, the party prevailing in such
action shall be entitled to a judgment against the other party
for said party's reasonable attorney's fees and costs.
(h) Amendments. This Agreement may not be modified
or terminated orally, but only in writing signed by the parties
hereto.
(i) Assignment. Swaim may assign this Agreement
subject to approval of the Delray Beach City Commission, which
approval shall not be unreasonably withheld.
(j) Termination Date. This Agreement shall terminate
one (1) year from the effective date of this Agreement unless
the parties agree on extension of time. Such extension shall
not be unreasonably withheld.
(k) Notice. Any notice to be given shall be in
writing and shall be sent to the party being notified at the
following addresses:
7
FJ209JRE/3
'.
As to City: City Manager
city of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Copy to: City Attorney
City of Delray Beach
200 N.W. 1st Avenue
.Delray Beach, FL 33444
As to Swaim: William Swaim, President
William swaim & Associates
5685 Pacific Boulevard, #2303
Boca Raton, FL 33433
Copy to: Ruden, Barnett, McClosky, Smith,
Schuster & Russell, P.A.
Post Office Box 1900
Fort Lauderdale, FL 33302
Attn: Dennis D. Mele, Esq.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first above written.
CITY OF DELRAY BEACH, a 'Fl-orida
municipal corporation
By:
Mayor
By:
City Manager
ATTEST:
city Clerk
Approved as to Form:
City Attorney
8
FIZ09JRE/3
'.
..
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State aforesaid and in the County
aforesaid to take acknowledgments, the foregoing instrument was
acknowledged before me by and ,
the and of the CITY OF DELRAY BEACH,
FLORIDA, a municipal corporation of Florida, and acknowledged
that they executed the foregoing Agreement. He/She is
personally known to me or who has
produced as identification and who
DID/DID NOT take an oath.
WITNESS my hand and official seal in the County and State
last aforesaid this ___ day of , 199 - .
Notary Public
Typed, printed or stamped name of
Notary Public
My Commission Expires: -------
9
F/209JRE/3
'.
WILLIAM SWAIM & ASSOCIATES,
INCORPORATED
By:
Printed Name: WILLIAM SWAIM, President
Printed Name:
STATE OF FLORIDA )
) SS:
COUNTY OF BROWARD )
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the state aforesaid and in the county
aforesaid to take acknowledgments, the foregoing instrument was
acknowledged before me by WILLIAM SWAIM, the President of
WILLIAM SWAIM & ASSOCIATES, INCORPORATED, freely and
VOluntarily under authority duly vested in him by said
corporation and that the seal affixed thereto is the true
corporate seal of said corporation. He is personally-known to
me or who has produced as
identification and who DID/DID NOT take an oath.
WITNESS my hand and official seal in the County and State
last aforesaid this ___ day of , 199 - .
Notary Public
State of Florida at Large
Typed, printed or stamped name of
Notary Public
My Commission Expires:
10
F/209JRE/3
,.
..
",~-_........ ....
. Bolnq I pnr~1oA of "KIKHOK?", .. r.r.nrdld in Plat Bo)k 70,
PI90 65, "KOY1lL PALM 01lRD_MIl", All .ecordld I" PI..t avok 21,
PA,a 51, "Hl~RY 81IKJLLrM SUDDJV1IJOM". I. r~o~rd.d in PlAt
Dook ','19a ", "LA-K^CI.wUA". ... reCord~ lft 'Iat look IS.
P'91 6. Ind "sNOW Hl~~", .. rouu,dad 1ft plat look 21, P.;.
93. All of tho Public Recor<<. ot 'II~ aeoch County, rlurida.
1110 1,1"4 in lootion 9, Tow"~hl~ ~t South. Ranoe .1 t..l.
Pllm Bftach r.nunty. rlorj~A. ~c:lnq ~rp p~rtlcul.rl,
~~.erlb.d a. fnllowll
COHMEl/CI!fO at \1... "orth.....t on....r "f .ald a.."u on 9, th..nca
B O~. 22' ~1" w .lone th. North lin~ th.rlof. . di.~.no~ ef
1'44.~' (e.t lO I ooinl nt inl.rne~lion wit~ tha Ww.t~rl'
rlahL-o!-wft' 11n. of th.t 300.00 foa~ riohl-o'-wav fur the
"TMTAAC01.G'I'AI, ""TXl\WAY", II recorded In Pial 1100), 17. ""1/.
lS: th".,(I" C 11" a' 1'" "alon; ..ld ,...t rl.,ht,:of'~H
111111. I ,.ullhn~. "t o.n r...t: UI'lAO. II en" u, 1~ w
00lltinuill9 Jiang ..id Wa.~ ,19h~-ot-..a7 11"0. . dlltano. ot
iO),41 'u. to the JOllt'I' or .aOIMMIIIOI th.ft". . 01' 03' 16"
w eonHlluiDlI aloc9 ..id ""'.t rlqht-of-wa, 11 c*, a dhhnuo
of 100G.00 [e",t: th~na. I 07" 11' lZ" ~, con~inuln, ..Ionw
a.i4 Wo,t ri9ht-of-.., 11n.. _ Qiatanc. of i24.4G t"a~ to
tb. .outhoa.t cornor of Lot A af aaid plat of ~"HO"f"1
tb."c. S 8' 0(' 43" M alDn9 th. louth Iln. of ..ld Lot A. .
di.t.nc. of 201.53 f.ot to . point of int.r..ction wlt~ tho
a..at riqht-ot-w.v l1n. of "tALK TRAIL". 'oO .bovn on a.ld
pl.t ."d tb. Morthvoat oornor at Lot . ot .ald olat ot
"K&KMONT-; tbonce . 0'. 1" 23" M _Ionq the la.t rl;ht-of-
wa, 11ne of sdd "'PALM TRAIL", , dhtane. of 164.28 fut to
a point of int.r..ction with the S,atarlr projection of th.
South line of Lot 28 of .aid pl..t of "XEftHOHT"; thance B 890
42' 10" W alon9 .,id I..terlr projection and tha 60uth line
of a.id Lot 2'" eli.tanae of 234.~' f..t to tba louth...t
oarll.r of ..i4 Lot 28: thence" 00. ~2' 31" W alonq tho WI.t
line of Lot. 28 throl1Qh 31 .nd tbe Rorth.rly ~roj.otion
th.r,of, of ..i4 plat of "Xa.MO~".. dlatance ef 240.45
f..t to . point of int.r..ction with tha South 11n. ot ..id
_lat of -LA-HaCl.-DA"I thence . .,. 01' 03" W alona a,id
'ovlb tlft~. e diatenca of 22.79 t...t to a oolnt ~t
later..otion with tha le.t.rly line of th_ South.rl.
.roieotien of tbe ..et lin. af Lot 20. 810c_ ~ of .ald plat
of ~LA-KACtCWDA"; thenoa . 0'. ~5' 00" e ..10n9 .ald
.~the~lr projeotion aD4 th. I..t line ot ..ld Lot 20. ,
di.t&&Oe of 12',20 fe.t to tha .orth....t corn.r of .,id Lot
20: thanee . ". OS' 1'- W, . di.tADc. of ".42 teet to tb.
,qutbaa.t oornar of Lot 22, Iloc_ D of ..i. plat of
~-IACJIXDA"1 t~enoa . .ta 12' 2'~ . .loft, thl louth Iln.
of .ai' Lot 22,. di.t.nea of 132.32 f..t to ~. louth...t
coraa' of Lot 23, .look D of ..id pl.t of "LA~IIWDA":
theno. . 0'- 4" .2. I a1on. tb. I..t line of ..id Lot 23
aa4 Lot li, Block D .nd the _..t line of Lot 16, Block C of
'aid .1.t of "'LA-KACI"DA". a di.tanoo ot 523.43
t.ot to a point of inter.ection with tha "otth l1nl of ...1d
pl.t of -LA-HACIa.DA": thonco . I'. 1" 46" W ,lon9 tb.
.orth ltne ..14 tlat of .LA-HACI~PA", . dlatane. of 1'~.50
foet:jthlnee . 00 38' 11~ t. . di.tance of 240.32 f.et to .
pOint of int.r.eotien with th. 'outh lin. of .aid plat of
"RotA ,~ O~DIN. 'LA' 10. '", thlno. S 89. 21' .." "
alon9 '.id 'outh lin.. . dlatane. of 1'.1' f..at to the
louthw.,t corn.r of Lot 11. Blo~k I of .ald plat of "ROYAL
pALM OARDEJ' PLA' MO. 3"; th.nc. ROO. 31' 11~ ! IIon9 the
M..t line of ..id Lot 11. Block 8 and tho W~.t Iln. of Lot
11, alock A. a diatanoe of 331.a3 f..t to tha Horthw..t
corner of a.id Lot 11, Block AI thonc. " 8'. 22' 31" I alon;
tho Horth lin. of aaid pllt of "ROY~L PALH OAADSNS PLAT "0.
3~, a dlatanc. of 61'.03 f.at to the 80uthw..t corner oC Lot
25, .loell II of .aid ..1.t of "SHOW HI LL": U,.nc. " 00. 40'
09" W alon/1 the Weat I1nl of Loh 25 throuqh 21" Block II of _
..id Dlat of "'HOW RILL", a dlplonea of 142.10 t..t to th&
Northw..t corner of .ald Lot 27. Block s; th.nee H 89# 22'
1~" E' .lono thl Horth line of ..ld Lot 2'. sloek B. a
dlat.ne. of 128,95 f..t to the Korth...t eorn~r ot ..Id ~ot
21. Block Il .nd tho ~a.t riaht-of-wa, lin. of "PALM TRAIL",
II aho,," on ..id pl,t of "SHOW KILL"; thane. " 07. 00' 42" !:
Ilono .aid w..t ri;ht-of-wa, 11n~. a di.tano. of ~02.12 f..l
to . point of intlraectlon with the Mept.rly projectl~n of
of t~o Norlh l1na of Lot 8 of s.id pl.t of "SKOW RILL";
th.na. K a,. 22' 11". alon9 aald w..t.rly prc~.ction and
th. 'orth lin. of ..id Lot S, a diat.nea ot 2S0.S0 r..t to
the 'OINT O~ OIOI"Ml"O.
I.id land. aituat. in tho Clty of ~Iray B~ach, Palm Il~.eh
oovnl,. 'I&rld..
Conlaininq 2'.29 Aer... mar. or le58.
Subjact to !a'~enta, R.atriction.. Reservaliona. Cov.nanl'.
- .ad J1;ht.-uC-WaY of Rloord.
EXHIBIT "Aft
'.
.
-----
.
~.
~i III
r :1
J :
. .
J i
j~ -
~
,. EXHIBIT -B-
.
-
0
). >- l. 7-
h. m ~ . ~
l~ ~ .i. ~ 2 ... ~
CfJ~.J B
C' "'
~
;5 ~
N ~
....... 46
-
1
or-'
hi
II'
~
8
tt
~
\l.
~
~ ~ 0
~ ~ ~ ~
It;::' ~
5 -i t= w
~ lS CI! 0 ....J
..
0
r-
8 II
.
\D "
(t) .-. u
8 w a: A
N -J ~ "-
.... <( ~J
0
(J) III ~ j1i
8 8 ~ldi
~ c.J t4f ; If~
8 ~ i,J
.
w- ~ W <
.f~
f"
~v
~ "e"
EXHIEIT
'.
'.
u -
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER e-~
SUBJECT: AGENDA ITEM # q./) - MEETING OF JULY 27, 1993
REOUEST FOR MODIFICATION OF STANDARD/3240 JASMINE DRIVE
DATE: July 23, 1993
We have received a request for modification of the standards to allow
a boat lift to be built 17.5 feet f rom the bulkhead at 3240 Jasmine
Drive. Land Development Regulation Section 7.9.11 (A) states, a boat
lift in a raised position shall not extend more than ten ( 10) feet
over the waterway from the property line or seawall or bulkhead,
whichever is nearer to the waterway.
The construction of the boat lift, as requested, will not create a
navigation hazard. The City Engineer has reviewed this request and
recommends approval.
Recommend approval of the request for modification of standards to
allow a boat lift to be built 17.5 feet from the bulkhead at 3240
Jasmine Drive.
'.
.,
. -
Agenda Item No.:
AGENDA REOUEST
Date: Julv 16, 1993
Request to be placed on:
~ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: Julv 27. 1993
Description of item (who, what, where, how much): Request for waiver of LDR
Section 7.9.11(A\ reaulatina the Dosition of boat lifts at 3240 Jasmine Drive.
The LDR limits boat lifts to a maximum 10 feet from the bulkhead. The request
is to allow Dlacement of the boat lift to a maximum 17.5 feet from the bulkhead.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends a waiver of requirements 7.9.11(A\ as outlined
in Section 7.9.4(A\ of the L.D.R. at 3240 Jasmine Drive based our field
observation of the site and the confiquration and location of the lot.
Department Head Signature: ~~~ ., /20h-:>
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda: @/NO t~/I
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
/agenda.kt
'.
"
. ~
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID T. BARDEN
CITY MANAGER
THRU: WILLIAM H. GREENWOOD ~ 7h.o/c:,-;J
DIRECTOR OF ENVIRONMENTAL SERVICES
FROM: RALPH E. HAYDEN, P.E. ~
CITY ENGINEER
DATE: JULY 20, 1993
SUBJECT: WAIVER OF BOAT LIFT
3240 JASMINE DRIVE
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Attached is an agenda request for a waiver of LOR section
7.9.11(A) regulating the position of boat lifts. The LOR limits
boat lifts to a maximum of 10 feet from the bulkhead. The
applicant requests a waiver to allow placement of the boat lift
to a maximum 17.5 feet from the bulkhead.
The location of the lot on a waterway exceeding 300 feet in width
should prevent this boat lift being a navigation hazard. The
boat lift is pile supported, with the waterward pile located 17.5
feet from the bulkhead; this position is within the 25 foot limit
set by code for dolphin piles.
As outlined in LOR Section 7.9.4(A) and based on the above
information, we recommend approval of the waiver of LOR section
7.9.11(A).
RH:JW:kt
File: Memos to Oavid T. Harden, City Manager
Misc. liB II
RHDHJU16.kt
'.
'.
. ..-, "..." ., --- ~"?......-;"--,,,~
/
[ITY OF DELRR' BER[H
1[1('\ \\ 1 .:....\ t ~~.~)t . DELRAY BEACH, FLORIDA 33444 . 407/243.7000
MEMORANDUM
TO: David T. Harden, City Manager
FROM: ~ Robert A. Barcinski, Assistant City Manager
SUBJECT: BENCHES AND TRASH RECEPTACLES IN THE DOWNTOWN AREA
DATE: July 13, 1993
Official records kept by the City Clerk have been researched
to try to determine whether the City accepted these benches
and trash receptacles for maintenance. No records have been
found.
It is staff's recollection that the DDA bought and had the
benches and trash receptacles installed at the time of the
street-scape improvement's project. It is also staff's
recollection that, at least on one occasion when Walter Berry
was City Manager, we were directed to repair and paint the
benches and trash receptacles and this work was done.
I recommend that this item go to City Commission for action.
RAB:mld
f~ 1--0
U6Mtn f577 m/frtE.- rI fff)f)~ (nIHn /u; fltlC.b COSTS -
B f2-/nq b~ PI If / /)-7f.e.- c!4-TE-
pO:SS/&G tUo~hop
T rl::. E~;::Gi='" AU'VAYS MATTERS 9E
'.
"
- , nt~ ~7
[ITY DF DELRAY BEA[H
~C)c . . '::""i >::: \u~ . ~'C .c;', :E,\~"H i.."ORIDA 33444 . .-E~/ ~43 -';l~r__;
MEMORANDUM
TO: Robert A. Barcinski, Assistant City Manager
f
David T. Harden, [ ,~.-{
FROM: Ci ty Manager:, /t..
SUBJECT: BENCHES AND TRASH RECEPTACLES IN THE DOWNTOWN AREA
DATE: July 6, 1993
Please see the attached letter from the DDA. In the past, we have
gotten conflicting reports about whether or not the City had ever
accepted these benches and trash receptacles for maintenance. Please
have this matter looked at again to try to make a final determination
whether or not we have accepted them. If we have not accepted them,
then I think the matter needs to go to the City Commission for action.
DTH:nr
Att
THE EFFORT A Lv'VA YS MATTERS
"
tft1-
!
DOWNTOWN DEVELOPMENT AUTHORITY
To: Alison MacGregor Harty(original~ity Of Delray Beach, Florida
Joe Weldon
Susan Ruby
Joe Safford
~~,\~~ RECEIVED
JUN 2 1 1993 June 16, 1993
~
CITY MANAGER'S OFFICE
Mr. David Harden
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL. 33444
Dear Mr. Harden:
Several years ago when the DDA purchased the benches and trash
receptacles along Atlantic Avenue, it then gave them to the City of
Delray Beach. The city has maintained and replaced them as needed.
We have been advised that the city cannot locate the documents
conveying those items. Accordingly, I enclose a Bill of Sale to
conf irm the previous transfer so that the City will have some
evidence of its ownership in its records.
very.. truly ~ours~.
- $u/it 4 /--/
MICHAEL M. LISTICK
Chairman
MML/mlw
Enclosure
cc: Ms. Marjorie Ferrer
64 S.E. 5th Avenue
207 E8:lt: ,\tl8P'l.tie ,^.';eFl.Me, Delray Beach, Florida 33444 · 407-276-8640
-,"---
'.
.. ,. r
BILL OF SALE, ABSOLUTE
Know All Men by These Presents, That DOWNTOWN DEVELOPMENT
AUTHORITY, City of Delray Beach, Florida, in the County of Palm
Beach and state of Florida, party of the first part, for and in
consideration of the sum of Ten .Dollars ($10.00) lawful money of
the united states, to the CITY OF DELRAY BEACH, Florida, paid by
party of the second part, the receipt whereof is hereby
acknowledged, has granted,' bargained, sold, transferred and
delivered, and by these presents does grant, bargain, sell,
transfer and deliver unto the said party of the second part, their
executors, administrators and assigns, the following goods and
chattels:
All trash receptacles and street benches owned by Party
of the First Part located on East Atlantic Avenue, Delray
Beach, Florida.
This Bill of Sale is given to confirm a previous Bill of Sale which
appears to be lost, destroyed or misplaced.
To Have and to Hold the same unto the said party of the second
part, their executors, administrators and assigns forever.
AND they do, for themselves and their heirs, executors and
administrators, covenant to and with the said party of the second
part, their executors, administrators and assigns, that they are
the lawful owners of the said goods and chattels; that they are
free from all encumbrances; that they have good right to sell the
same aforesaid, and that they will warrant and defend the sale of
the said property, goods and chattels hereby made, unto the said
party of the second part, their executors, administrators and
assigns against the lawful claims and demands of all persons
whomsoever.
. ~~
In w~tness I have hereunto set my hand and seal this I~
day of , one thousand nine hundred and ninety-
three (199
signed, sealed and delivered DOWNTOWN DEVELOPMENT AUTHORITY
in the presence of us: ~
~1 ~'" -
~~ - '. ~
_ . ?Zz/!~ ,,-x(di ~ ~<r
, '9.. Mi~. Lis 1ck, Chairman
. 72f~ALC X$~
'.
. . -
STATE OF FLORIDA
COUNTY OF PALM BEACH
The fore ing instrument was acknowledged before me this /~r#day
of , 1993, by MICHAEL M. LISTTCK, Chairman of
Downtow evelopment Authority, who is personally known to me or
who has produced a Florida driver's license as identification and
who did not take an oath.
;\\\\\\\1111/111/11 ~X~~
~\'I. ?-tT l ~ II,/.
~ ~~ . 'E.;I~ pri t me: /J1H.e6A-t/!.Cr L . WesseLS
~ ........ 0'& ~
~ .... ~\SSlON .... ~ ~ NOTARY PUBLIC, STATE OF FLORIDA
~ "<"~"''r\19 ~"~~
~ :$~ '{Q ~.. S Serial No.: c.c.. ~ iDqq 3tf
=- : ~ (fl~ =
=*: .... :*= My commission expires: ...3/19/9 7
-z. . -
~ ~ ~ ICe 269934 ..~:::
~~...~8~~ ...~~
~ :~OJ;FIirl-I~"~,f
~ ........ c'< ~
'11111 lIe, ST"~ \'\'~
11/"1111111"'"
-
"
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERf/?JI
SUBJECT: AGENDA ITEM # CfP - MEETING OF JULY 27, 1993
APPOINTMENTS TO GENERAL EMPLOYEES RETIREMENT COMMITTEE
DATE: JULY 22, 1993
Due to the resignations of Leroy Croft and Nancy Roti, there are
two vacancies on the General Employees Retirement Committee.
Section 35.105 of the Code provides, "Where the retirement
committee consists of one or more individuals, each member may, but
need not, be an official or employee of the City, and each such
member . . . shall be appointed by the City Commission to serve until
his (or its) successor shall be appointed in like manner."
The following City employees have submitted their applications for
consideration:
Sylvia Foster patricia (Patsy) Fox
Cheryl Leverett Rebecca O'Connor
Nicholas Tullo Milena Walinski
The following persons from the general public have also submitted
applications for consideration:
Norma Bannoura David I. Cohen
1. Paul Friedman Rosalind Murray
Barry E. Rubin Horace J. Waldman
Thomas E. Weber
A check for municipal liens and code violations has been conducted.
None of the applicants has any outstanding violations or liens.
All code violations have been corrected.
Based on the rotation system, the appointments will be made by
Commissioner Smith (Seat #1) and Commissioner Alperin (Seat #2).
Recommend appointment of two members to the General Employees
Retirement Committee.
ref:agmem02
'.
"
I
. 1!1}~
!,'
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Joseph M. sa~
Director of Fina
Secretary~ Genera Employees Pension Board
SUBJECT: Openings on the General Employees Pension Board
DATE: June 22, 1993
Due to the resignations of Nancy Roti and Leroy Croft from the General
Employees Pension Board, we now have two openings on the Board.
I have attached a copy of Section 35.105 of the General Employees Pension
Plan Ordinance which outlines the Board's composition.
This matter will need to be brought before the City Commission so that two
appointments can be made.
/sam
Attachments
cc: Thomas Lynch, General Employees Pension Board Member
Jeffrey Keating, General Employees Pension Board Member
Anita Barba, City Clerk's Office
'.
,. -
S 35.103 DELRA Y BEACH EMPLOYEE POLICIES AND BENEFITS 66
appointed guardian, conser vator , known to the Committee, notify the person
committee, or other dUly appointed legal that:
representati ve, in which event payment
shall be made to the representative: (1 ) All unmailed and future
retirement income payments shall be
(1) Directly to that person henceforth withheld until he provides t!'le
unless the person shall be a minor or Committee with evidence of his continued
shall have been legally adjudicated life and his proper mailing address; and
incompetent at the time of the payment;
( 2) His right to any retirement
(2) To the spouse, child, income whatsoever shall, at the option of
parent, or other blood relative to be the Committee, be cancelled forever if,
expended on behalf of the person entitled at the expiration of three years from the
or on behalf of those dependents as to date of the mailing, he shall not have
whom the person entitled has the duty of provided the Committee with evidence of
suppor t; his continued life and his proper mailing
address.
(3) To a recognized Charity to
be expended for the benefit of the person (3) Upon legal determination of
entitled or for the benefit of those death, or other evidence satisfactory to
dependents as to whom the person has the the Committee, a participant's retirement
duty of suppor t; or income payable under any provision of the
plan will be paid to his designated
( 4) By the Committee itself beneficiary. If, however, no designated
receiving the expending or directing the beneficiary is recorded with the
expenditure of the same for the benefit Committee, it will be paid first to his
of the person entitled or for the benefit spouse, if living, and if not, to his
of those dependents as to whom the person surviving children in equal shares.
has the duty of support. ('80 Code, S 18-137)
(B) The decision of the Committee S 35.104 CXlN DIT IONS OF E:MP LOYME NT NOT
will, in each case, be final and binding AFFECTED 3 Y PLAN.
upon all persons and, except in the case
of division (A) (4). of this section, the The establishment and maintenance of
Committee shall not be obliged to see to the plan will not be construed as
the proper application or expenditure of conferring any legal rights upon any
.any payments so made. Any payment made participant to the continuation of his
pursuant to the power herein conferred employment with the city, nor will the
upon the Committee shall operate as a plan interfere with the rights of the
complete discharge of the obligations of city to discipline, layoff, or discharge
the trustee and of the Committee. any participant.
( '80 Code, S 18-135) ('80 Code, S 18-136)
S 35.103 ABANDONMENT OF BENEFITS. S 35.105 ADMINISTRATION BY RETIREMENT
COMMITTEE.
(A) Each participant and other
person enti tled to benefi ts hereunder (A) (1) The plan will be
shall file with the Retirement Committee administered by the Retirement Committee
f rom time to time, in wri ting , his post (herein referred to as the Canmi ttee)
office address and each change of post appointed by the City Canmission,
office address, and any check consisting of a chairperson and at least
representing payment hereunder and any one but not more than four additional
communication addressed to a participant, members, a single individual, or a
a former participant, a beneficiary or a corporate trustee. Where the Committee
pensioner hereunder at his last address consists of one or more individuals, each
filed with the Committee (or, if no member may, but need not, be an official
address has been filed, then at his last or employee of the city, and each member,
address as indicated on the records of or the corporate trustee selected to act
the city) shall be binding on that person as the C ommi ttee, s hall be appo i nted by
for all purposes of the plan, and neither the City Commission to serve until his
the Committee nor the trustee shall be successor shall be appointed in li ke
obliged to search for or ascertain the manner.
location of any person.
( 2) Where the Canmittee is a
(B) If the Committee, for any corporate trustee which at the same time
reason, is in doubt as to whether is servi ng as trustee of the plan, the
retirement income payments are being corporate trustee shall function
received by the person entitled thereto, separately in its two capacities insofar
it shall, by registered mail addressed to as the plan and trust are concerned; as
the person concerned at his address last the Committee it may deal with itself as
-----_._----~_.-.. ---- -.-,-----,-. ._---_.--------,-----_.._~---_.._---~,---_.._----~._--------_.-- '..~ - ---;
. . .
-----._._.__.-_._-_._-_._---_.__._.._~_.,_._-_.._-_...- .__._~-_.~--
..
..
/
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME flJiJena L . WalJns K,'
5:1&1~ :5f~&le" RdJ ~(,)~I1~n /a,acA, J:"L 33 L/ 37
HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE)
100 NUl l.sr *~, .,l)~/I""a,! ~~ch,FL 3.3Ylfy
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE '1e>"l- ?3' - tftl7 i BUSINESS PHONE '1d?-~ '13- '1I3~
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING ~dlrel'71~ r &/?7/J7///Pe.
{~enera/ E"m/OldY"'$ p~S~C")
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
MOI'lt.
EDUCATIONAL QUALIFICATIONS /3..5. A'~/II';s &11't!(!. . 31 ~d"ls ~u.Jan6
I:L' ;no 13. 11. "'-Yp,C/,eI eta-I, ~f hl4drlcula.:J'/~n ~e h, If ""I
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
,vdN~
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION e'~eJl' ~/hLf
ka cI1, 19sslsf4lA?f h;uu'~e ~1I?c:I' tJ ,.
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
~ ~~~~~~
. . \/J~~,~~~ ~ r
~,~~.~ ~ a~~~ A~ ~J"c.. ~
~~ Ad,Qr~- c;~~ rJJ~~..... (J1t..J~z:k
~.
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
~ ~' ~/~a/93.
SIGNATURE DATE
4/90
'.
"
RESUME
Milena L. Walinski
5294 Steven Road
Boynton Beach, Florida 33437
EXPERIENCE
February, 1985 to Assistant Finance Director
Present City of Delray Beach, Florida
Supervise accounting, internal audit functions,
project management, cash management, fixed assets,
payroll and pension accounting. Prepare
Comprehensive Annual Financial Report and related
reports. Review computer software for accounting
and auditing req u i remen ts . Develop, revise and
implement procedures for all systems under my
supervision. Provide technical assistance to other
departments.
October, 1981 to Deputy Finance Director
February, 1985 City of Titusville, Florida
Supervise operation of accounting, payroll and fixed
assets. Responsible for cash management. Prepare
Comprehensive Annual Financial Report and related
reports. Member of Computer Review Committee
which approved all purchases of software and
hardware for the City. During absence of Finance
Director, I had full responsibility for Contract
Administration, Purchasing, Computer Services and
I Utility Billing.
October, 1978 to Manager, Accounting and Budgets
October, 1981 City of Cocoa, Florida
Supervised operation of accounting, payroll, vehicle
maintenance and fixed assets. Analyze and compi Ie
the annual budget and special reports. Prepare
financial statements.
August, 1969 to Accounting Technician
January, 1978 How~rd County, Maryland
Responsible for all journal entries. Responsible
for cost accounting that related to water and sewer
projects, developer rebates and grants.
EDUCATION B. S. Degree - Rollins College, Florida, Accounting
Major with Honors
A. A. Deg ree - Catonsville Community College,
Business Administration
Currently attending Nova University's Masters
Program in Business Administration
REFERENCES Will be furnished upon request
'.
"
CITY OF DELRAY BEACH ~ . f'- i 3
{-
BOARD MEMBER APPLICATION
NAME Barry E. Rubin
2025 Lavers Cr. nj07 nPlr1fo ~~~~h ~~ ~~~ad
HOME ADDRESS (Street, City, Zip ode) (LEGAL RESIDENCE)
777 East Atlantic Avenue, Delray 'Rp;:l("'h. FT, ~~4R1
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE 77F._17RF. BUSINESS PHONE 276-16qR
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Planninq ~n~ ~nn;n~ nn':07ntQwn
"
Developmpnt. ~lItnnr;+-y ~~g~ral~m~]QY~~~ R~+-;rQmQn. ~nmmitt9~. Rnarc
~T A~jll~""m'::'l"'t"" f"1"\~m"'C' i t Y ~~" ~'U'o '.I'"\p~(itl t Aqpn,....y. -a.n.C.-. l.f; c: t-,....?"';,.. !) "Q~ orva t ion
~fS9f~L CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Plea.. includ. date.)
Charlotte City Planning 'Rn::lrn. lqRq_lqql
EDUCATIONAL QUALIFICATIONS ltm,:ar;("'~n ('n"~1Cl ~"'yg bhwr. PI ~prti~i('""te
of Financial Planninq, WinthroD College. Rockhill .~~ 'R;:l('"h~lnr nP
Science, Marketinq
LIST ANY RELATED PROFVSSIOHAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
Certificate of Financial Planning. ~p-ri2s 7. ;::Inn Tn!=:11r~n("'p 1; ("'-:l!"H::ed
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION Merrill Lynch,
Financial Consultant
DESCRIBE EXPERIENCES, SIlLLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
My ~yppr;,:anr'~~_::Ie! :II ""'a~n~~CC;l~~d n'td'nc~ in ~"9 C'itl' of CRarlottg, NC
and my ~l::rrllSn~ wnp"1r' ;:ilcr ::a It'; "::'"("'I;;a 1 CQnsu]tan~ in thp nnwn~nun nQ1ray
Beach area.
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOn STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMEHT. or MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITUU urOI MY PAIlT OF ANY APPOINTMENT t MAY RECEIn.
42~. 7/S/5'S
SIGNATUU DATE
4/90
..
'.
. .
Barry E. Rubin
2025 Lavers Cr. 0302
Delray Beach, FL 33444
(407) 276-1786
Employment History
financial Consultant, Merrill Lynch
Delray' Beach, FL 1991 . Present
Design and Implement detailed financial plans for my clients In areas such as
educational planning, retirement planning, the effective management of assets
during retirement, tax and estate planning.
Restaurant Owner/General Manager, Chandlers Restaurant Inc.
Charlotte, NC 1988 . 1991
Founded, designed, developed, equipped, and managed a full service restaurant
with a staff of up to 50, and annual sales In exce.. of $1 million.
Pro'-lonal/Community ActIvItIes
Member, Boca Raton JCC Finance Committee, 1992
Member, Boca Raton JCC Membership Committee, 1992
Member, Charlotte City Planning Board, 1989 . 1991
Member, Charlotte Chamber of Commerce, 1988 . 1990
Chairman, Charlotte JCC Health and P,E. Board, 1988 - 1990
~ education
American College, Bryn Mawr, PA
Certificate of Financial Planning, 1991
Winthrop College, Rock Hili, S.C.
Bachelors of Science, Marketing, 1988
-
'.
"
~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 9 - MEETING OF JULY 27, 1993
APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY
DATE: JULY 23, 1993
At the June 22, 1993, regular meeting, the Commission considered two
appointments to the Downtown Development Authority to fill the
expiring terms of Anne Bright and Michael Listick. On motion by
Mr. Ellingsworth, Mr. Listick was appointed to serve a second term
through July 1, 1996. Mr. Randolph initially moved to appoint Mr.
Thaddeus Cohen, but upon discussion motioned to defer his
appointment to the July 13th meeting to allow time for other members
of the Commission to meet with Mr. Cohen prior to a vote on his
appointment.
On July 13th, Dr. Alperin reported that he had met with Mr. Cohen but
had not heard back from him as to whether he would able to attend the
necessary meetings. Also, Mrs. Smith expressed the opinion that there
is a need for representation from the expanded DDA area east of the
Intracoastal Waterway and her feeling that Mrs. Bright had done an
outstanding job in her capacity as a DDA member. Mr. Randolph further
postponed his appointment to July 27, 1993.
To qualify for appointment to the DDA, a prospective member must
reside in or have his principal place of business in the City and
shall not be serving as a City officer or employee. Further, at least
three of the members shall be owners of realty within the downtown
area, a lessee thereof required by the lease to pay taxes thereon, or
a director, officer, or managing agent of an owner or tax-paying
lessee. Two of the current members, Mr. Listick and Ms. Noe, own both
a business and real estate in the downtown area.
The following individuals have submitted their applications for
consideration:
Anne Bright (business owner/real estate owner in DDA)
Norma Bannoura
Robert Brewer (business owner/lessee in DDA)
David I. Cohen
Thaddeus Cohen (business owner/lessee in DDA)
Bruce Gimmy (business owner/lessee in DDA)
Harriet Lerman
Rosalind Murray
Carol M. Stanley (business owner/real estate owner)
(unable to verify continued interest)
Horace Waldman
'.
"
-
Pursuant to Commission direction, a check for code violations and
municipal liens has been conducted. Mrs. Bright has three ( 3)
outstanding violations. All other code violations have been
corrected.
The appointment is to be made by Commissioner Randolph (Seat #4).
Recommend appointment of a member to the Downtown Development
Authority to a term ending July 1, 1996.
ref: agmemo1
'.
"
-
. -
'-.....l"-J CITY OF DELRAY BEACH <I j/d/1 tI
BOARD MEMBER APPLICATION
,
NAME
00 ~("1. t v.z. ~ - ~)lf ~~
HOME ADDRESS (Street, City, Code) (LEGAL RESIDENCE)
- At-(o.M1 ( c ~o....l &~~ ,UI S3Lf4y
/10 c.PtS-r Av-<..
, PRINCIPAL BUSINESS ADDRESS (Street, City. Zip Code) ,J t2 7 g' - '.g-b GS
HOME PHONE 2-7~ - I'l?S-L BUSINESS PHONE 2 71-- O[,OCJ
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING blDIH ~
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
'(\ c-ru:- I
~r-a.~J ~'rts~ I
EDUCATIONAL QUALIFICATIONS I
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
c,f\ A. ~1l~\ ~J ~ \c_:tv-r~ 1-ta J\MU'"
GIVE YOUR PRESENT. OR MOST RECENT EMPLOYER, AND POSITION
rv1(.UAQ6~<r ~ ~ G.e L ~l( ;,J-l.- ~
, ~
DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD ~ Q~ Corta:f- ~ J
~~D
400 t Prn' () t( Cl.vJ:t ( '- A v -<-
..- c6 0~L<3 ~~~d\~
~U' .R:t M1.
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRU E . AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
~A~#- ~J /~/99{)
SIGNATURE DAT
4/90
'.
"
.
Board Member Application - page 2
,
Work History
July, 1988 - present Manager of Delray Executive Mall, Inc.
110 East Atlantic Avenue, Delray Beach, FL 33444
1975 - present Owner of The Frame Factory
2435 N. Federal Highway,Boca Raton, FL 33431
1981 - present Owner of The Cottage Door
900 East Atlantic Avenue,Delray Beach, FL 33483
1966 - present Owner of St. Jouite Hotel, Inc.
St. Jouite, P. Quebec,Canada
a 75-room motel & hotel with a restaurant, tavern
and Lounge
1967 - 1975 Owner of Seal Cove Stables, Inc.
Had over 60 head of Quarter Horses
Raised, trained, leased, & sold horses througho~t
the State of Maine I
1969 - 1975 Managed Bar Harbor Candles with a partner. I was in
charge of sales. Sold throughout u.S. to major
corporations; i.e., Liggett - Rexall, K-Mart.
,. ,,' ;~
"
. ~. ~ -"'i ..... -4 -, - ) .6 ,) ~ J " ct .
.....:::':~.::~~4~~'t:~::~::~r!4:=""Ie::;:' w..., ~:::'~"~ =o.-....~.....-....-r~
I II ~ ~~~ n
w 0 ~~~ ~
U I "II..." 0 0 N
~ '.... ."'0" 0
1 l4 ~ In.......
! ~. ~~~~~~~~ ~~~ .o~~ ~
I .... NNNNNNNN NNNn ..."........ 0 \
.. ......~.. ...
o 0 0 0 0 0 0 0 ~ 0 0 0 . n....
00000000 000" ....on.
~ 00000000 000 ~o~
_ 00000000 ooo~ ~~~
N foACDCDCDCDCDcnU. ,"U1D"tr tn. r1"""
~ " NCDCi"c.n......-...JN NNIN., " ".
I n _OOO~N~~ ~++ <'00.
,p I .. en + r- 0 ao + ao N r 0 ... III .... ~ - ·
~ I ~, ....
n II: ~ 2:
It ID >o>olZ:2:C>02:2: 2:2:lI:~ ~c.
~ _ <<>0>0::<>>0 >0>0>0:: ::I"I~'
.. ....=..
..c+.,~
, .... .. n
~ · nn~>o>onnn nnn~ r-~' ~
jr; !~ : : : : : : Z Z :K:K tK ~ I' . ..' ~
. N... ooom~ enen~~ "p
i " "1'-" "~. i""
: .. C) ... w w .... ... ... ......... E " r n I
i ~~ 00 00 00 0 _~.b
it " "~" "r'" N!:). "
I' ~~ ......r~. .......... N....
NN NN NN NN. +~ ~
I~ ; I \ ..: ~ ~
. en . lz!,
II n ..
I .. -lot "",,1
, D ~lIf ....n.
I' i" Nj. gl:S"
'-../! I : 0= ;:!
~' _1\ i, ! ~ ~i ~
, ::t\ ' Z I 0' ...
. , .. ~
. . ~. . 0 '.
! X !. . ::; I
go '0 I
I ~~
'I l~ f
i!~ ...'"
: . ~ :~
, ~. ~ j ~"
;s::
i
!
I !
I '
!
i
i
I
!
, !
i ,
,I I
I I
., ,I ;,<
..
.. flJ uw O'''C''
LISTICK a: KRALL. P.A.
7/26/93 tile E. AT~NTIC AVENUE
'.' ;.-~ - '.
OELRAY BEACH. FLORIOA 33483 "-'_-1:.': i"....
To: City C01llllliasioners 14071 2715.7424 ' .: i. .'
MICHAEL M. LISTICK Jill 2 6 278.eeoe (TELECO~IE")
MARK t... KRAt..t.. . fC9'J'> 0 -c
C' I 7 , OUN8EL
IT ( M4/\ . MICHAEL S. STEIN..
, Vli(;i:R A
~ - ,) OFl, / '
/I...!
July 26, 1993
Mr. David Harden
City Manager
city of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL. 33444
RE: Downtown Development Authority
Dear Mr. Harden:
It is not my intention to interfere with the City Council's
right to designate a person to fill the current DDA vacancy,
however, because Anne Bright has worked so tirelessly and so
unselfishly as a DDA member, I think it is important that she be
given the reappointment which she has offered to accept. It would
be a great loss to the DDA if she was not reappointed.
I made an inquiry with Mr. Bright as to whether Anne had any
investment or control in any of the properties which have alleged
code violations. I attach a letter from Mr. Bright confirming that
she has no such beneficial interest and has no management
responsibility. Apparently Anne Bright is being held responsible
for things beyond her control. I personally confirmed this
information with Anne Bright. I hope this letter will avoid
improper conclusions, so that the decision will be made based on
fact (not false information). Anne deserves the reappointment, but
equally important she deserves to have the record set straight.
Very truly yours,
L'"~( ~__
MICHAEL M. LISTICK
MML/mlw
Enclosure
qe-
'III' ',1.>1'
..
..... .. _.: C.'L -2b-' '33 flL;;j 12 :,54 i 1': j'IERkLE BR [GHT (; :~i_'L~ I EL :<; ";,ji 272 ':::::;'':'0 l-i<.J.'2 I-\H
LAW OFFICES
M5RKLE, BJUOHT &: SULLIVAN, P.A.
OI!:L~AY txECuT,V" MALL, tUITIE 400
110 EAST ATL.A.NTIC AvENUE
DBLRA Y BEACll, !'LORtPA 0044.'O'~~
WILLIAM ft. M&f1KI.E Tr~r~HOH.',
J, ft~EVt ."IQHf OI...A.. .CAeM 1607117"."1
MI(;H"C:~ K, .\,I\.I.IV""I .O\'NTO.. ..~aw '.071 .,11'llal
CATHY Ct1I...~".. ."0......1.".110.' 417-"00
rAil 160" ....,.,.
JUly 2e>>, 1993 Ext. 3005
Michael L1at1ck, Esq. , via fax 407-27~-6909 and U.S. mail
616 E. Atlantio Avenue
Delray Beaoh, Flori<1a 33484
Re: S.w. 13 Avenue, Delray Beach
Dear Michael~
pursuant to your request, please be a"v1se" that the rental
dupl.exes on s.w. 1:3 Avenue are held in mine and Anne's name, as
Trustees, pursuant to the applicable State and Federal Statutes.
^nne aright has no beneticial interest in this p.operty and has no
m~nagement responsibilit~es. She was merely listed as 0 trustee in
the event something unexpected happened to cause my early ~em1se,
such as good publicity 1
In any event, pursuant to your request her name is being removed
from said. Deed.
You have also inquired as to what other real property we own in the
downtown area. We own two vacant lots in our names. The first
block of S.E. 2nd Avenue and the second block ot N.E. 1 Avenue. In
a6~ition we have other real estate in the down town area. If you
need any additional information please contact me.
Sincerely,
MERKLE, BRIGHT & SULLIVAN, P.A.
/4/)~
J. ESV aRIGHT
'. "1.,1,
"
- .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 811
SUBJECT: AGENDA ITEM # 9/-1 - MEETING OF JULY 27, 1993
APPOINTMENTS TO THE EDUCATION BOARD
DATE: JULY 22, 1993
The terms of Linda Cochran, Kathryn Sloan and Deborah Wright on the
Education Board will expire on July 31, 1993. All are eligible for
and have expressed an interest in being considered for appointment
to an additional two (2 ) year term ending July 31, 1995. Their
applications and letters of interest are attached for review.
Attendance information is as follows:
Ms. Cochran has attended 15 meetings during the period July 1,
1992, through June 7 , 1993, with 5 absences. Ms. Sloan has
attended 19 meetings during the same period, with one absence. Ms.
Wright has attended 16 meetings for the period, with 4 absences.
Per Code, liThe members of the Education Board shall be residents of
the City 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. II It is the
further intent, if possible, that the membership of the Education
Board shall include individuals having a background in business,
real estate and/or education.
The following individuals have also submitted applications for
consideration: ~
Norma Bannoura Eugene Binkovitz ~.
David I. Cohen Robert W. Hayes
Adele S. King Nelson McDuffie
Rosalind Murray Marilyn Schneider
Lawrence A. Siegel Horace Waldman
Reginald Williams
A check for municipal liens and code violations has been conducted.
None of the applicants has any outstanding violations or liens.
All code violations have been corrected.
Based on the rotation system, the appointments will be made by
Commissioner Randolph (Seat # 4) , Mayor Lynch (Seat # 5) , and
Commissioner Smith (Seat # 1) . Mayor Lynch has requested
postponement of his appointment to August 10, 1993.
Recommend appointment of three members to the Education Board to
terms ending July 31, 1995.
ref:agmemo (f/;).~ r-- ~(J) 4;Jrd; -
~ ~ I;y e/1o/90
"
..
CITY or DELIlAY BEACB
BOARD MEKBlI APPLICATION
r
,
NAME e oiS E /c r ,..J, ;/A y E ~
/2.S-oS- O,lf-/C /lR.Bo~ LAJ f5oy,uTuJ '6EA<:.~ FL =?sctRd
HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE)
/8/ S.E Sf-A,4 Vr j) 6 L-t€A-F BEA-c)/ ;::L 33 vA 3
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE L/9 B 7 3 J b BUSINESS PHONE .2 78 0':<' 0 '3
ON WHAT BOARDS AU YOU INTERESTED IN SERVING Ei){)c A T/ON
LIST ALL CITY BOAlDS ON WICH YOU AU CUlUlENTLY SERVING 01. HAVE PREVIOUSLY
SERVED (Ple..e include date.)
EDUCATIONAL QUALlrlCATIONS g /I L I./J E/2 :4 L /I-,e rs
LIST ANY RELATED PROFESSIONAL C!l.TlrlCATIONS AND LICENSES WICH YOU HOLD
I
GIVE YOUR PRESENT, 01. MOST DCDIT EMPLOYER, AND POSITION .J? 0 t3 S'
r1U(C/~ Pte//\JT/N~ - OuJ/JE/2
I HERDT CDTlrY THAT ALL to ABOVI STATEMENTS AU TI.UI. All]) I AGIII AND
UNDERSTAND THAT ANY KISSTATIKD'r 0' KAT!l.IAL FACTS CONTAINED III THIS APPLICA-
TION KAY CAUSI rOUllTUU tiPo. K! PUT or ANY APPOINTMDT I KAT DCIIVI.
J4p3
/ DATI
4/90
'.
ROBERT W. HAYES
EDUCATION:
Albion College
BA Liberal Arts - 1969
OCCUPATION:
Self employed printer since 1974
Bob's Quick Printing, Delray Beach, FL
PREVIOUS COMMUNITY INVOLVEMENT:
Delray Beach Jaycees - President
Kingsland Homeowners' Association - Neighborhood Representative
Delray Beach Playhouse - Board of Directors
Noontime Kiwanis -President
Chamber of Commerce - Education Chairman/Executive Committee
Visions 2000 - Attendee
Bond Steering Committee - Member & Speaker
CURRENT COMMUNITY ACTMTIES:
Little League Umpire
S.D. Spady Elementary School SAC-Member
Atlantic High School Key Club - Kiwanis Sponsor
Chamber of Commerce-:- Chairman Elect
Cobra - Neighborhood Representative
RECOGNITION:
1991 Chamber of Commerce Business Person of the Year
..
.,
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~1
SUBJECT: AGENDA ITEM i q~ - MEETING OF JULY 27. 1993
POMPEY PARK AND COMMUNITY CENTER REROOFING PROJECT
DATE: July 23, 1993
This item is before you to consider bid alternatesl funding sources
and award the bid for the Pompey Park and Community Center Reroofing
projects.
The base bid submitted for re-roofing of Pomepy Park and the Community
Center is $61,010. In addition to that there are four bid alternates
which pertain to the roof contract:
-Alternate 1 - Reroof of Beach Patrol Facility - $ 9,675
-Alternate 2 - Reroof of Pompey Park Gymnasium - $11,250
-Alternate 3 - Reroof of Civic Center Gymnasium- $131250
-Alternate 4 - Replace Mansard Roof Pompey Park- $ 6,875
Also included in this bid package is the replacement of the
airconditioning unit at Pompey Park and the Community Center. The
apparent low responsive bidder was Hoffman Airconditioning, Inc. in
the amount of $27,750.
Funding is available in the General Construction Fund - Other Repairs
(Account No. 334-6111-672-46.90jAccount Balance $94,279.51).
I will make a verbal report at Tuesday evening's meeting as to which
Alternates I recommend the Commission award.
ilJotUm ti1 ~k!xd ~
~#/
'1-0
..
"
. Agenda Item No.:
AGENDA REOUEST
Date: July 23, 1993
Request to be placed on:
~ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: July 27, 1993
Description of item (who, what, where, how much) : Pompey Park Gvmnasium.
Community Center and Beach Patrol Facilitv Reroofina. The City received bids
from one mechanical contractor to replace Alc units on roofs and one bid from a
roofina contractor to replace the roofs. The total bids were as follows:
l. Hoffman Alc = 527,750.00 (mechanical contractor)
2. Fowler Enerav Systems - 5102,050.00 (roofina contractor
The total Contract price with alternates is 5129.800.00 and includes all labor,
materials and eauiPment. The fundina account for this pro;ect is
334-6111-572-46.90
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends award of the entire contracts includina all
alternates to Hoffman A/C. Inc. and Fowler Enerav Systems. If fundina is
unavailable to award the entire contract, staff recommends only the beach patrol
facility (59.675.00) and the Pompey Park avmnasium mansard roof, (6.875.00) be
eliminated from the contract. The total reauired fundina would then be
5113.250.00.
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda: f!} /NO frtJ1
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
AGPOMPEY.MRM
'.
"
MEMORANDUM
TO: David Harden
City Manager
FROM: Richard Corwin
Deputy Director of Public Works
SUBJECT: AGENDA REQUEST - JULY 27TH MEETING RE: POMPEY PARK AND
COMMUNITY CENTER REROOFING PROJECT #93-45.
DATE: July 23, 1993
Attached is an agenda request for award of the re-roofing
contract and copies of the bid tabulations. The City received
only two bids; one for the mechanical work and one for the
roofing work.
Hoffmann AIC, Inc. submitted a base bid of $27,750.00 for
replacing air conditioning units and Fowler Energy Systems, Inc.
submitted a base bid of $61,010 for re-roofing Pompey Park and
the Community Center for a total base bid contract of $88,760.00.
There are four bid alternates which only pertain to the roofing
contractor, Fowler Energy Systems, Inc. They are Alternate #1 -
Re-roof Beach Patrol Facility = $9,675.00, Alternate #2 - Pompey
Park Gymnasium Roof = $11,250.00, Alternate #3 - Civic Center
Gymnasium Roof = $13,250.00, Alternate #4 - Replace Pompey Park
Gymnasium Mansard Roof = $6,875.00.
We recommend that the entire contract be awarded for a total of
$129,800.00. However, if funding constraints prohibit award of
the entire contract, we recommend elimination of only the Beach
Patrol Facility ($9,675.00) roof and the Pompey Park Mansard Roof
($6,875.00) from the contract. In this case, the contract amount
would be $113,250.00.
Based on our review and the review by our consultant, David
Miller and Associates, it is our opinion that the bid amounts are
fair and reasonable and the contractors are reputable.
If y~u have any questions, please call me at extension 7294.
a"'~ . (.~.
'"'"-........ / . . /'~ .--~~.
.,<_~-'- ___--z:, , (\7"''''-
Richard Corwin
RC 11m
REF: RCDHAR.DOC
Encs: 2
cc: William Greenwood, Director of Environmental Services
Dave Miller, David Miller & Associates
Ted Glas, Purchasing Officer
File: Memos to City Manager
Project #93-45 (D)
,.
David MjJJer and Associates ~
" f.. D 105 South Narcissus Avenue
"""' \:: r, E. \ ~ West Palm Beach, Florida 3J.fOl
'('\. \..~. 2~ sS (i07) 655-1775
J\}\.. 2'3 ~~ t
<3'3 t\fi.\\\\t.~~"C MEMORANDUM David R, Miller, A.LA.
f~C\\J\i
DATE: July 21, 1993
TO: ~ichard Corwin
Jim Reynolds M/ /
FROM: Dave Miller ~
RE: CITY OF DELRAY BEACH
MISCELLANEOUS RE-ROOFING AND MECHANICAL UNIT REPLACEMENT
DM , A PROJECT NUMBER 93-901 CITY PROJECT NUMBER 93-45
SUBJECT: BID ANALYSIS
I have reviewed copies of the bids provided to me by Ted Glas for
the above referenced project. My analysis and recommendations are
as follows:
PART A - RE-ROOFING - FOWLER ENERGY SYSTEHS (ONLY BIDDER)
Base bid items Al & A2 appear to be in line and fair. Bid
Alternate Items A4, A5, A6 & A7 also appear to be in line. The
unit prices (bid items A8, A9, & AlO) appear to be incomplete. The
remaining portions of the bid package from Fowler Energy Systems
appear to be submitted in a satisfactory manner.
PART B - " MECHANICAL UNIT REPLACEMENT - HOFFMAN' S AIR CONDITIONING
(ONLY BIDDER)
The 'mechanical unit cost, appears to be somewhat higher than
anticipated (bid item Bl). This is also true of the mechanical
equipment supports at Pompey Park (bid item B2). Bid Alternate B5
was incomplete. The bid package was not submitted in its entirety
and can be considered incomplete. The base bid costs were provided
but ho other bid information nor a bid bond was provided.
In summary,' it is unfortunate that only one bidder provided us with
costs for each of these items. A determination will need to be
made. by the City Attorney relative to proceeding forward with
single bidders or re-advertising and re-bidding the project. I
would strongly recommend if the budgets are adequate that all of
the bid alternates submitted be incorporated into this work with
the possible exception of Bid Alternate A4 Beach Patrol Facility.
Please let me know if you have any questions about any aspect of
this project. Thank you.
Memorandun.city
'.
'.
h fA) L. ~A.. ErJ ~G-'I C;; y<;; -rr::MS:. I IN C- ,
4. Bidders are expected to provide bids for Part ARe-roofing;
Part B Mechanical Equipment Replacement and Modification; or
both. The City reserves the right to enter into separate
contracts for Part A and Part B. Bidders will complete the
work for the following prices: ,
PART A SCHEDULE OF CONTRACT PRICES - RE-ROOFING
Bid
Item
No. Description Total
Al. Pompey Base Bid $ .3t::t,87.5,oo
Park Roof (Lump Sum)
A2. Communi ty Base Bid $ ~ / ~ / ;lS 00
Center Roof (Lump Sum) . ,
A3. Indemnification Base Bid $10.00
(Lump Sum)
Bid Alternates:
Provide prices for the following alternates as well as
the base bid:
A4. Alternate #1 Add dollars ($9l6;15r
Beach Patrol Facility
AS. Alternate #2 Add dollars ($ ~':25l))eE.
Pompey Park Gymnasium Roof
A6. Alternate #3 Add dollars ($13.~5Q~
Community Center Gymnasium Roof '
A7. Alternate #5 Add dollars ($ ~&-15 ey.
Pompey Park - remove mansard roof at gymnasium and
re-roof with 20 year warranty, Class A, fiberglass
asphalt roof shingles by GAF or equal.
NOTE: The above costs for alternates shall be inclusive of all
aspects of V{ork required to implement them. The City of Delray
Beach reserves the right to accept any or none of these bid
alternates.
P-3
--- /
'.
..
Unit Prices:
Provide unit prices and total units included in base bid (if
any) for completed, in place replacement of the following:
A.8. Unit Price #1
Tectum Panel (Pompey Park) $ jsquare foot
s. f. in base bid.
A.9 Unit Price #2 -'
I'
4" Wood Deck (Community Center) $ jboard
foot .5":00 b.f in base bid.
A.1O. Unit Price #3
Traffic Mat $ .:l.. .. tXJ jsquare foot
js.f. in base bid
Total Evaluated Bid - Part ARe-roofing
.
Bid Items #Al,A2 & A3 Base Bid (Lump Sum) (in numbers) $ ~~~/O ,pI)
Total Evaluated Bid
Bid Items #Al,A2 & A3 Base Bid (Lump Sum) (in words)
~/wY&?.-vE rNd:XI:s/tX/ ~ 76/ dollars .ND cents
'.
"
HOF"-FMA.rJ Ale
PART B SCHEDULE OF CONTRACT PRICES - MECHANICAL EOUIPMENT
REPLACEMENT AND MODIFICATION
Bid
Item
No. Description Total
Bl Pompey Park Base Bid $ 20,475.00
Mechanical Equipment (Lump Sum)
Replacement
B2 Mechanical Equipment Base Bid $ 6100.00
Supports (Lump Sum)
Pompey Park 1175.00
B3 Mechanical Equipment Base Bid $
Supports and Duct (Lump Sum)
Modifications - Civic
Center
B4 Indemnification Base Bid $10.00
(Lump Sum)
Bid Alternates:
Provide prices for the following alternates as well as
the base bid:
B5. Alternate #4 Add dollars ($ )
(NO B::D) Pompey Park - clean and insulate existing duct work
and diffusers.
NOTE: The above costs for alternates shall be inclusive of all
aspects of work required to implement them. The City of Delray
Beach reserves the right to accept any or none of these bid
alternates.
Total Evaluated Bid - Part ARe-roofing
Bid Items #Bl,B2,B3 & B4 Base Bid (Lump Sum) (in numbers) $ 27750.00
Total Evaluated Bid
Bid Items #B1,B2,B3 & B4 Base Bid (Lump Sum) (in words)
1W?NTY SRVRN THOUSAND SEVEN HUNDRED & ~IFTY dollars ~O/lOOcents
A-3.2
.
'.
.,
. .
...,
. , .
HOFFMANN'S AIR CONDITIONING. INC"
1000 A ~,.E 1ST SH~EEf
e.U'r'NTUN BEACH, FLORIDA. 3::4:5 ')
1 E. L f::. }' H U ~,I f::. 40~1_738-649U
;...' i~ U I.' 0 ::", f\ 1_ U.b.. r t:. . 07/20/93
~';ULDl (1 , SPECIAL 1 N::.l f-:UC T I UN~:;.
CITY OF OELRAY BEACH PROJECT NO. 93-45
PURCHASING OFFICE POMPEY PARk/COMMUNjTY CENTER
IDa N.W. 1 :3T A VENUE
OELP A \( ElE AC,H FL ::3444
:)HOf~t:. : 243-7294 PPOPU::,AL NIJ 597
-------------------------------------------------------------------------
----.--.--------------.-----------------------------------------------------
OTY API I CLE Ap.10UN'j
_________.__________________________________________._-------------------_____.0-
FURNISH AND INSTALL THE FOLOWING Ale EOUIPMENf:
2 AMERICAN STANDARO ~lCH180B3100A 1 c rON PACKAGE UNITS
"
All NECES:::'M~ Y METAL ':.i1JPPOR T~, AND WELD I ~II; T (I Rf,PLACE
2 EXISTING Ale RACKS AT POMPEY PARK
ALL NECESSARY MATEkIALS AND LABOR 10 '.'U::Aj\j AND
PAINf 2 COATS GALVANIZED ENAMEL TO -
2 NEW :3Uf'RUR T5 (F'OMPf '( ~'ARk)
3 EXISTING SUPPORTS ,. r'()MF'E Y PARK)
4 D< I :::. T I i\I'3 /Vi E C H Ar~ 1 C ALE. U U I P r1 E. N T SUR }:' U I:' r:;:, (I:,)MM crl~)
ALL NECESSARY MATERIALS AND SUPPLIES ! fl INSTALL "
NEW AIC STANDS AND REIN51ALl EXISTING Ale EOUIPMENr
TO EXISTING DUCTS AND ELECTRICAL (COMM CIPi
- PROGRAMMABLE THERMOSTATS (POMPEY PA.l:;'K i
~, NEW 200 M1r:', WEATHEf.< TIGHT DISCONNECTS WIIH FUSES
L
2 :31'101<E OETECTORS
ALL NECESSARY CRANE FEES AND REMOVAL OF OLD EOUIPMENT
lEPMS: TOTAL DUE UPON COMPLETION
Th,,,, PI,w,c'hase,.- un(H?t-st(3n,j~ and ct;n-:2es th.3t TUTAL __/7':iU .Uu
a'l 1 s ,3 J E";::; ,=" t- e fin 81 ane! nc,t sub iect to:,,,:n':'E;-I'- TAx
!ation or re~und uniess :yt h e r-<rj -i :3 e ':;; tat'? u T U T A.L .' I I...... !.~j U
. .J ;.~'
a b (I V e- . I-it'le t,: ,3""1 ~~ (~~ .:~.\ (1 S .::i r-I c3 rn e ~- (: ~-I .:1 r, d 1 =; t:- UU'I.',ji
described above remains 1 r: t his s e .Ii e r- eA L .A ~~ C t: [1 U t: ,?/?5C' (}I)
until Pc: i d i n f U I '1
Y.
-.---.--.---.-.----.-.-.-.-.----.-.----.-..-.-.-.-
CUSTOMEP'S SIGNATURE
'.
"
.
CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - JULY 27, 1993 - 6:00 P.M.
PUBLIC HEARINGS - 7;00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
K. SETTLEMENT OFFER/17 N.W. 5TH AVENUE: Cons idera settlement
offer from Bank of Boynton in the amount of $130,000, which
includes all attorney's fees reo 17 N.W. 5th Avenue.
L. ARBITRATION REOUEST - JAMES COOK/APPOINTMENT OF OUTSIDE
COUNSEL.
M. ATLANTIC AVENUE WATER LINE RELOCATIONS/INSTALLATION OF
CONFLICT STRUCTURES.
'.
'.
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line
(407) 243-7091
MEMORANDUM
Date: July 26, 1993
To: City Commission
From: Susan A. Ruby, City Attorney
.-
Subject: Settlement With Bank of Boynton - 17 N.W. 5th Avenue
Our office has received an offer of settlement in the above-
stated case. The amount due on the property in full
satisfaction of the mortgage is $141,000.
The settlement offer is for One Hundred and Thirty Thousand
Dollars ($130,000.00) which includes all attorney's fees and
costs. The settlement is contingent upon acceptance by the
City Commission at its July 27, 1993 meeting and payment within
three days after approval.
-------
Our office recommends approval of the settlement. By copy of
this memorandum to David Harden, our office requests this
matter be placed on the City Commission agenda for approval.
PIe I 'f you have any questions.
SAR
cc: Harden, City Manager
Richard Overman, Delray Beach Police Department
17nw5ave.sar
9~
'.
..
", '
3 7 - '2 E.. - f ::2 t-' ON 1.1:23 GENE r"OORE ~ A"'~"'~'~_ P_02
GENE MOORE SPEED MESSAGE
lawyer
639 EAST OCEAN AVENUE. SUITE 409
PO, BOX 910
BOYNTON BEACH, FLORIDA 33435 DATE J~l:- ::6, 1993
Phone: (407) 734-2424
SU6JECT Clty of Boynt:on 13e~",cb/
Shatz-!,.,'oolley
TO Susan Ruby ti<mk~ojnt(,m Hortg<1ge
City of De.lray P.f:.'lch
Vid Fax #278-4755
Dear Ns. Ruby:
Per our cCll\'c:rs<ition (';f CVt:11 date, m~' client, nankBoYl\tll:l, h~s .mthorl.7.E'U ;Ilr.:
to submit tu yuu, the following yroposal: they will accept $130.000.00 a~
full payment of dds lUf,t(t:r, PROVlmm )"C1U receive approval at ycu~ luesdny
night (July 27) meetin~ wi eh the Conunission. Ihis ulfer 1~ no~-negotiable_
This amount mu~l be p.dd in full within J days after appruval.
Sincere 1 Y.
Gene Moore
GN/avm ~ ~
SIG~EO
~ -
'.
,.
- ~
CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - JULY 27. 1993 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
K. SETTLEMENT OFFER/17 N.W. 5TH AVENUE: Consider a settlement
offer from Bank of Boynton in the amount of $130,000, which
includes all attorney's fees reo 17 N.W. 5th Avenue.
L. ARBITRATION REOUEST - JAMES COOK/APPOINTMENT OF OUTSIDE
COUNSEL.
M. ATLANTIC AVENUE WATER LINE RELOCATIONS/INSTALLATION OF
CONFLICT STRUCTURES.
'.
[ITY DF DELHAY BEA[H
CITY ATTORNEY'S OFFICE ~Ij{) ~\V 1s1 ..\\T>;LT . DELRAY BEACH. FLORIDA 33.144
FACSI~ljl.F ~'17~7S.~ 7~.,
Writer's Direct Line
(407) 243-7091
MEMORANDUM
DATE: July 26, 1993
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Arbitration Request by Officer James Cook -
Appointment of Outside Counsel
Officer James Cook, through his attorney Cary Klein, has
requested arbitration under the Collective Bargaining
Agreement. Our office requests that Leonard Carson of Carson,
Linn and Atkins, P.A. handle the arbitration.
The firm is handling the other suits filed by Officer James
Cook and Officer Verna Cook. The firm will handle the case at
the same rate of $100.00 per hour.
----
Our office recommends approval of the appointment of outside
counsel.
this memorandum to David Harden, please place this
he City Commission agenda of July 27, 1993.
cc David Harden, City Manager
Leonard Carson, Carson, Linn and Atkins, P.A.
qL
'.
'.
. ~
CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - JULY 27. 1993 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
K. SETTLEMENT OFFER/17 N.W. 5TH AVENUE: Consider a settlement
offer from Bank of Boynton in the amount of $130,000, which
includes all attorney's fees reo 17 N.W. 5th Avenue.
L. ARBITRATION REOUEST - JAMES COOK/APPOINTMENT OF OUTSIDE
COUNSEL.
M. ATLANTIC AVENUE WATER LINE RELOCATIONS/INSTALLATION OF
CONFLICT STRUCTURES.
'.
'.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~~1
SUBJECT: AGENDA ITEM # Glf'l\ - MEETING OF JULY 27. 1993
ATLANTIC AVENUE WATER LINE RELOCATIONS
DATE: July 23, 1993
This item was placed on your agenda at the request of Commissioner
Smith for formal action by the City Commission. Staff recommends that
we pay the additional cost to install conflict structures in order to
avoid interruption to the water service.
~ Lf-()
'.
.
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: David T. Harden
city Manager
FROM: William H. Greenwood 4U/)tfl'lt~/'1:J
Dir. of Environmental Services
DATE: July 26, 1993
SUBJECT: Atlantic Avenue Water Line Relocations
Project No. 91-28
Our original request was to obtain your authorization to pay
Metric Consulting Engineers $2,900.00 to design conflict
structures at twelve (12) locations.
Attached is a sketch of the project area showing the twelve
(12) conflicts.
This request would eliminate the need to cut the existing
12" and 14" sizes water mains which would interrupt service
to 170 customers. (See attached list)
Even if the work was performed at night boil water notices
would have to be issued to all affected customers.
We estimate the contractor could only relocate three
conflicts per night or a total interruption of four (4)
nights plus boil water notices requiring at least another 48
hours. Therefore, the total length of time the boil water
order would be in affect would be a minimum of seven (7)
days.
This is based on the ASSUMPTION that everything goes
correctly.
In reality, the contractor's phasing of his construction
would probably require a minimum of four (4) shut downs at
different times during the course of construction.
Installing conflict structures is a standard design
procedure and the most cost effective approach.
We request city Commissioner's reconsideration of this
topic.
WHG: nun
File: Project No. 91-028 (D)
Memos to City Manager
WHGl028.MRM
'.
WATER SERVICES ON WEST ATLANTIC AVENUE
FROM MILITARY TRAIL TO THE E-4 CANAL
1. Military Trail to Barwick Road
a. Wag's Restaurant
b. Goodyear Tire Store
c. Shops on Barwick Road and West Atlantic Avenue - 3
d. Barnett Bank
e. Green Giant Gardens
f. Delray Medical Offices
2. Barwick Road to Dover Road
a. Rod and Gun Club Restaurant
b. Hanover Square - 60 SFR
3. Dover Road to Homewood Boulevard
a. The Commons - 3 offices
b. Landscape and Shed Sales
4. Homewood Boulevard to Breezy Ridge
N.W. 24th Avenue
a. First Encounter - mUlti-family - 16 units
b. Temple Sinai
5. Breezy Ridge (N . W. 24th Ave.) to E-4 Canal
a. Breezy Ridge Estates - 40 SFR
6. At E-4 Canal
a. Sudan Subdivision
Supply at west side of the bridge - 40 SFR
WHG1028.MRM
'.
. '1 {.- tJ ~o P
. .r .. ..,,,.
.
metric engineering, inc. \
MEMORANDUM
,
TO: Richard Hasko, P .E.
FROM: Earl Wills, P.E. (,J;L-w..7-=--
PROJECT: West Atlantic Avenue (Military Tr. to E-4 Canal)
Water & Sewer Adjustments
, Delray Beach Project No. 91-028.2
SUBJECT: Meeting Minutes
DATE: May 6, 1993
CC: Bob Phillips, Jim Noth
A meeting was held for the above referenced project, on this date, between Bob Phillips with
the City of Delray Beach and myself. The purpose of this meeting was to discuss three
options which have been developed by Metric for the design of the watermain adjustments
required to accommodate the county's proposed roadway improvements. The three options
presented were as follows:
OPTION 1
Cut in watermain offsets over/under storm sewer conflicts by isolating conflict locations using
existing valving. This option represents the least cost to the City but due to the lack of
existing in-line valves would require the temporary shut down of water service to a large
number of customers.
OPTION 2
Provide conflict manholes at all conflict points between existing watermain and proposed
storm sewer. This option would require the expenditure of approximately an additional
$20,000 dollars over option one. The estimated $20,000 dollars includes additional design
fees and construction costs.
OPTION 3
Provide live cut in valves at various locations to 'isolate conflict points in order to shut down
. main and install offsets. This option would not require any interruption in water service but
would require boil water notices. This option would increase construction costs
by approximately $45,000 dollars over Option One with the design costs being covered under
our existing agreement.
1800 FOREST mIL BLVD., SUlTB A-9 . WEST PALM BBACH, FL 33406 . PHONB: (407) 964.6336 PAX: (407) 964-9661
'.
'.
. . ('~'
..J" /',~-~
. . . I \
. .
0
-
metric engineering, Inc.
Memorandum
To: Richard Hasko, P .E.
From: Earl Wills, P .E. 0
Project: West Atlantic (Military Tr. to E-4 Canal)
Subject: Meeting Minutes
Date: May 6, 1993
Page Two.
Bob Phillips. indicated that the most likely option would be to proceed with Option 2
(conflict manholes). Please discuss these options with Mr. Phillips and notify me as to which
course the City wishes to take. If you do wish to go with Option 2 we will prepare a fee
proposal for the additional design services for City approval. If you should have any
questions please do not hesitate to contact me.
I
0
0
I
I 1800 FOREST HIll. BLVD.. surra A.II . WEST PALM BEACH, PL 33406 . PHONE: (401) 964-6336 PAX: (401) ll64-9661
J
:1
, , '
'.
.,
-
..
~
" , <> ..
.<
I
I -
(")'1
nnJ:l !il
'. ;i
,...., >~
< .<
VI
,."li ~
;JJ . ~ ",a. r:
iI!~ ~.
o.
ClN
;:
~. <
I ......
I
~
< .
..
.... lIMC\IO' 0: , DINE
~~: (',
.
;; HAMLET
,
'" -~ -JL '
-
fl;;., . -" - ~ ii .-----..
I
I
I
I
-
- '($," .. ~
~ C'~ CUN1IQCD >i ALNAR
- - - - -
- -lXMR ROAD
low. A_ ~ E
.1Il ;I * j
'" 11' ~ ~
'" . ." ~
I ~. i:2 .~
'" ~~
... .j
.'1 ~ n "; ~
Q '" i
.
(") ...
,., ~
ill
II) ...
...
'"
<
..
<
I <>
.
I
~ .< S.W. lZ7t11 ": -
~
'Ji -< > - -~
--.-
..
..
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ft IDA - MEETING OF JULY 27. 1993
PROPOSED STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDSI
COMMUNITY DEVELOPMENT BLOCK GRANT
DATE: July 23, 1993
This item is before you to conduct a public hearing on the Community
Development Block Grant Proposed Statement of Objectives for FY
1993-94. HUD regulations require a public hearing in order to
receive citizen comments on the Proposed Statement of Objectives and
Projected Use of Funds. Staff conducted a needs assessment on
its proposed use of funds for fiscal year 1993-94 on May 19th at
Pompey Park. Several proposals from the community were presented and
requests were received from various non-profit agencies totalling
$582,792. Because of the limited amount of funding available, not all
proposals received by staff are recommended for funding.
Community Development Block Grant expects to receive $591,000
(federal entitlement), plus an additional $6,000 in program income as
a result of participating in the Community Redevelopment Loan Subsidy
Program. Funding is proposed for the following projects, in
the amounts indicated:
1. Housing Rehabilitation to bring approximately 13 housing
units up to standard conditions - $287,389.
2. Emergency Repair to owner occupied units within CD Target
Area, includes plumbing, electric and roofing - $35,000.
3. Boys and Girls Club of Delray Beach - $33,850.
4. Title IV-A Child Care for funding of one full-time
staff position - $22,261.
5. MAD DADS of Greater Delray Beach for funding of one full-time
position - $31,675.
6. Recreation Improvements to upgrade bleachers and gym floor at
Pompey Park - $30,000.
7. Sidewalks - installation of approximately 4,000 linear feet
of sidewalks within the CDBG Target Area - $40,000.
8 . Program Administration - $111,630.
9. Contingency - $6,000.
Recommend approval of the Community Development Block Grant Proposed
Statement of expenditure of funds for fiscal year 1993-94.
'.
,
, "
-'r ,.... \
Agenda Item No.:
AGENDA REQUEST
Request to be placed on: Date: JULY 19, 1993
XX Regular Agenda
Special Agenda
Workshop Agenda
Consent Agenda When: JULY 27, 1993
Description of item (who, what, where, how much): IN ACCORDANCE WITH
24 CFR 570.301 (b) (2) OF THE COMMUNTIY DEVELOPMENT BLOCK GRANT REGULATIUN,
THE PURPOSED STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS IS BEING
PRESENTED FOR PUBLIC HEARING.
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: STAFF RECOMMENDS APPROVAL OF THE PROPOSED STATEMENT OF
OBJECTIVES AND PROJECTED USE OF FUNDS.
(Example: Recommend approval with funding from Special Events
Account No. 001-3333-555-44.55).
Department Head Signature:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving
expenditure of funds):
Funding available: YES/NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review: OJ"'/]
Approved for agenda:~/NO
Hold Until: I
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
'.
M E M 0 RAN DUM
July 19, 1993
TO: David Harden, City Manager
FROM: Dorothy Ellington, Community Development Coordinator t8~
THRU: Lula Butler, Director, Community Improvement~
SUBJECT: Public Hearing/Proposed Statement, 1993-94
Community Development Block Grant
ITEM BEFORE THE COMMISSION
In accordance with 24 CFR 570.301 (b) (2) of the Community
Development Block Grant regulations, the attached Proposed
Statement of Objectives and Projected Use of Funds is being
presented for Public Hearing at the July 27, 1993 Commission
meeting.
BACKGROUND
Federal regulations require that prior to submission of
entitlement applications for CDBG funds the governmental entity
must hold at least one formal public hearing. An informal Needs
Assessment meeting was held on May 19, 1993 at Pompey Park to
obtain citizens' input on the projected use of funds. Several
proposals from the community were presented at that time.
Because of the limited amount of funding available, not all
proposals received by the division are recommended for funding.
We received requests totaling $582,792 from various non-profit
agencies. Requests were made for assistance in the areas of
Child Care, Education/Outreach, New Housing Construction and
other public services categories.
The City's 1993-94 federal entitlement allocation is $591,000. In
addition, we expect to receive approximately $6,000 in program
income from our participation in the Community Redevelopment
Agency's Loan Subsidy Program. Therefore the total available
funds for FY1993-94 is $597,000.
RECOMMENDATION
Staff recommends approval of the Proposed Statement of Objectives
and Projected Use of Funds.
'.
,.
PROPOSED STATEMENT OF OBJECTIVES
AND PROJECTED USE OF FUNDS
FISCAL YEAR 1993-1994
INTRODUCTION
The Community Development Block Grant (CDBG) was established by
Congress with the Housing and Community Development Act of 1974
to provide local governments and residents with funds needed to
work in a comprehensive manner towards the improvement of low and
moderate income neighborhoods. These improvements are to be
achieved by providing for capital improvements that would
adequately upgrade public facilities and amenities, provide for
the upgrading of housing, including stimulation of new housing
opportunities, economic development activities, public services,
historic preservation, and overall reduce conditions which
adversely affect the health and safety of community residents and
provide for other community development needs having a particular
urgency.
Each CDBG activity must address one of the three national
objectives which are as follows:
1) Activities benefiting low and moderate income persons.
2) Activities which aid in the prevention or elimination of
slums and blight.
3) Activities designed to meet the community development
needs having a particular urgency.
Since the beginning of the CDBG Program (Fiscal year 85-86), the
City of Delray Beach's allocation has totaled $4,352,000. All of
the funds are spent to improve the area designated as the "CDBG
Target Area", which was selected on the basis of the condition of
the housing and public improvements, as well as the percentage of
low and moderate income residents.
FISCAL YEAR 1993 PLAN
GOALS
The City of Delray Beach has as its overall goal to improve
housing opportunities and existing housing stock for the low and
moderate income residents, provide for the elimination of
blighted conditions that currently exist in the established CDBG
target area and to focus the emphasis of the Delray Beach
Community Development Block Grant Program on the needs of low and
moderate income residents at the neighborhood and metropolitan
level.
'.
..
OBJECTIVES
The City of Delray Beach has as its basic and continuing
objectives for Community Development:
1) To improve deteriorated housing units, to develop new
housing opportunities and the removal of unfit housing.
2) To reduce conditions which adversely affect the health and
safety of community residents, including prevention,
mitigation and elimination of fire hazards, unsanitary
conditions, hazardous conditions and public nuisance.
3) To preserve community resources and character, including
protection of natural resources and the preservation of
neighborhoods.
4) To provide comprehensive planning to guide community growth,
including land use planning, capital improvement planning,
new housing opportunity planning, and provisions for
economic development.
The City of Delray Beach's entitlement allocation for the period
of October 1, 1993 to September 30, 1994 is $591,000.
Additionally, the City expects to receive $6,000 in Program
Income through the participation of Community Development staff
in the Community Redevelopment Agency's Loan Subsidy Program. The
City of Delray Beach has determined that the primary needs and
objectives for community development are:
The improvement of housing opportunities/conditions
through: housing rehabilitation, clearance of unfit
housing, planning for housing needs, development of land
to encourage new housing opportunities primarily for low to
moderate income families, preservation of the quality of
Title IV-A day Care currently available to very low income
residents in our CD target area, neighborhood preservation,
and provisions through public service for special needs of
school age children of the CDBG target area.
'.
"
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Proposed Use of Funds
Fiscal Year 1993-1994
Program Activity Amount
1- Housing Rehabilitation $287,389
Provide for approximately 13 housing
units to be brought up to standard
conditions. Census Tracts 67,68.01,68.02
and 65.02. CDBG Target Area bounded by
Federal Highway, Linton Blvd.,I-95
& Lake Ida Road. 100 % Low/Moderate
Benefit.
2. Emergency Repair 35,000
Provide for emergency repair for 8
owner-occupied units within the CD Target
area. (plumbing, electric, roof ,etc. ) Census
Tracts 67, 68.01, 68.02 65.02. 100% Low/Moderate
benefit.
3. Boys And Girls Club of Delray Beach 33,850
Funding provided to pay salaries of one
part-time and one full-time position
at the Boys and Girls Club of Delray Beach.
Club is located within Census Tract 68.01,
serving children of the CDBG Target Area.
61% Low/Mod Area Benefit
4. Title IV-A Child Care (Community Child Care
Center of Delray Beach, I nc . ) 22,261
Provide for the funding of one
full-time staff position for Title
IV-A eligible child care facility.
Census tract 65.02.
100% Low/Moderate Benefit.
5. MAD DADS of Greater Delray Beach 31,675
Funding provided for salary of one full-time
position to assist in City's Neighborhood
Stabilization efforts. Activities of this
Community Service Organization to take place
within the CDBG Target Area. Census Tracts
67, 68.01, 68.02, and 65.02. 61% Low/Mod
Area Benefit.
,.
..
6. Recreation Improvements 30,000
Provide for the upgrade of
bleachers and gymn floor at Pompey Park
Census Tract 67
61% Low/Moderate Area Benefit
7 . Sidewalks 40,000
Provide for the installation of approximately
4000 linear feet of sidewalks within the CDBG
Target Area. Census Tracts 67, 68.01, 68.02
65.02. 61% Low/Mod Area Benefit
8. Program Administration & 111,630
Management
9. Contingency 6,000*
Total Allocation $597,000
* Represents anticipated program income as a result of technical
assistance provided to the Community Redevelopment Agency's Loan
Subsidy Program.
'.
'.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER r?v'l
SUBJECT: AGENDA ITEM # 10 13 - MEETING OF JULY 27. 1993
ORDINANCE NO. 44-93
DATE: July 23, 1993
This is the second reading of an ordinance annexing to the City a
35.427 acre parcel, Taheri property, located on the east side of
Military Trail, south of Linton Boulevard with initial City zoning of
AG (Agriculture).
There are currently two structures on this site, a single family home
and a barn used in conjunction with the existing nursery operation.
There is no proposal for a change in the intensification of use. The
applicant wishes to annex into the City, and continue the existing
nursery operation under an agricultural holding zone district.
Accommodating the annexation and affixing initial City zoning of AG is
consistent with the City's program for annexation of territory within
its planning and service area. There appears to be no adverse
implications associated with this annexation and zoning
consideration.
The Planning and Zoning Board at their June 14th meeting recommended
approval of the annexation. A detailed staff report is attached as
backup for this item.
At the June 22nd regular meeting, Ordinance No. 44-93 passed on first
reading with a 4-0 vote (Mrs. Smith - absent).
Recommend approval of Ordinance No. 44-93 on second and final
reading.
f~ & ?/lo/93
~ -& W07 Ly ~
f/)u ~
tf-CJ
..
"
-
-
II
il!~' 3i:llj~ll! iJI1i el'~>> e~~~~I.:~=1
~ m~ I,. ~w!~.~ .~.tl ~~~~! ~9~;;aJ~iil!' ~
~!o. - -~.i!l5 2
t!~ t~li!I~:'1 iJl I po ~. ~~I ~!!~i i~ SJ.
. %&~~. ~~~o~E~zzl~~
I ; .1", ).~ 'Iii, 4 ~ ~ Zg.-~ _mn-~.
0 F~s~~ ~i~:!;~;~~l~
~ jij!f! ill f 2ft .
i::~~ ~~mi~i~~~.I~
! ~~ll.'I.i l~il :m~~~ ~ i~i~ol;~Mi
~ . ~ <~ Z n ~-n
!fF~1 ;1" !'iii ~i~m3 mm-mf.-z6il~
~>~s~ ~~!. ~~. ~
~.~ii ~:~~I~~iJ~an
~ll~rUh ~.J :~~m . ~i~..- ~~I
:zo~ _"'M-CO ~I:S
~~~l J~i~i ~3 ~ ~~O_% .m~~~i~ --
~ >>.~. m~.~. 0 n=
l~rif I ;I ;I = ~ig~o ~ 0 ~o~.~~i
I (!ill III ;'Jifl c ,~zl; ~da~r ~~~-c
~ ~II ~I!iltil ~i~J ~i51:: ::~~6~llb!i~
~ ~ o~... ~lii
i~ ~;.i..I.1 ;Eli ~i3~r ~-~~~ I r
lO ~if I ~I - s 2~~j~ ~!!a~fg~~~~
~f~ ~wllli:iii li)1 ~"'i.:!'~ -. a~-~iiJii~.
~:-cni ~~~~i~=~m~~
~Je I!Jd~~u li~t ~i~J~ ~~o~lii~b~~
~ 2 w~I~I~~i! ~~ S~~~ ~gi~~ .~~ii
-c.mm Q~~o.~~-c~a-c
--~.-
--
-
,
I~!~ 3i{ijl~!li ~llli p~~~~'e~:t~=~~:~=1
im~ I !Z~ l~ 3 ~, II e~~~f~~~~;jj~.i2i ,
-~;!l;:, i'J" wI! ~i. . ",~!'t 2".~,.....>>-. ~ !
nz~~_~)!~mZrmm.~f - ,
I ; ~~ ~~J.~~.I IJ' I . ~!'>~~l ~ ~:i:IIliol!;o!ii
i~a ~i-~a:-z"" ~
" .. ~h~~ll!~ ~I'{"'! ~ ~ 6=6 9a ~mn~~m
~~;~Mm~~~i~~;gl~ J
J ~ ~Il!~! ~Js ~ ~JI , I~j~.~oi~~i~~~~'~ I!
i a t~-)~.~f.i ' I! I ~ z:- n~ % -J -ZiI I
~:;~I~ ~ i....m~~ . mm
-fe ~r-I !-i. i . M <0 z~ ~-~~~~ I ·
~ilm3"':j~ 1~2iil~ ,
II i! iH Is '" ~21 ......-4 !:I ~m ~zr-~ _ .0(
~r!.~ J 2!f ~~ii~~~~i~~i~~ai II
i l=t"~l-' ;.J ! mm~ . r-......._~ ...... ~
. ~31 )Ki:i .3 ~ : ~:~o~. .=;:i!i~Odl.i_ I
. ..'- .....<.0 .- 'I
i~I.3 i ;I 3" ~ I Oil!! ~.. ~.i --
I ~!il~ 1~1 i~3i m I~ ~~2~~O ~-~i I
~ . . rO . .~-~ I
a -~~ '.U K ~~s III ::~f6~~II.~~
~ 3f~a3f~ ~ ~iif -em. = !!...I ~ -
~~ ~ ~-.3t(l; 8~ ~ I ~~~~r n~~~" ~! :i:~
~~ i;i1ij i! ~~I~' ~"" r-r >.01 i! ,. rrft
Qn~i~ c~ a zaM~:Q
~~ 23 ~1.-i~2. J~ i ~ ~ mn. X;n~ r-m ."..0(....
~E ~i31 'i3~!n i ~i~>~ .~ ~!::~I=~
I !:!f ~ i ~ wi -i i! ~ i ~ni .~~ri~;= ~~
-~~i -c <~n ~
;"e . ~J.~f~ll lii{ g~ ~~ ~;~:i:~ri~.~~
~}2 i~i~I~~~i ~~. ~i~... ~ J: ~ -t>'
~~n:i ~~~C;:;;~~!<:f~~
-
I
I
L
,
.
.
'.
..
..1 ~-
~
,',." .
CITY OF DEL RAY BEACH, FLORIDA
NOTICE OF ANNEXATION/ZONING
ORDINANCE NO. 44-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LAND LYING AND
BEING IN SECTION 25, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH
COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN,
WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID
CITY; SAID LAND BEING GENERALLY LOCATED ON THE EAST SIDE OF
MILITARY TRAIL, SOUTH OF LINTON BOULEVARD; REDEFINING THE
BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDi PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LANDi PROVIDING FOR THE ZONING
THEREOF TO AG (AGRICULTURE) DISTRICT; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
A MAP (not to scale) DEPICTING THE GENERAL LOCATION OF THE
PROPERTY TO BE ANNEXED/ZONED IS SHOWN BELOW. A COMPLETE LEGAL
DESCRIPTION BY METES AND BOUNDS AND A COPY OF ORDINANCE NO. 44-93
CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK, CITY HALL, lOO
N.W. lST AVENUE, DELRAY BEACH, FLORIDA.
(INSERT ATTACHED MAP HERE)
The above notice is published as required by State law. The
proposed ordinance and complete legal description of the property
to be annexed/zoned may be inspected at the Office of the City
Clerk at City Hall, lOO N.W. 1st Avenue, Delray Beach, Florida,
between the hours of 8:00 a.m. and 5:00 p.m., Monday through
Friday, excluding holidays.
wtJ: It u..SuS I 10
The City Commission. 1ll meet in the Commission Chambers at City
Hall on Tuesday, July 27, 1993, at 7:00 p.m. (or at any
continuation of such meeting which is set by the Commission) , at
which time the ordinance will be read by title only and all
persons interested will be given an opportunity to be heard.
Please be advised that if a person or persons decides to appeal
any decision made by the City Commission with respect to any
matter considered at this meeting or hearing, such persons will
need a record of these proceedings, and for this purpose such
persons may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based. The City does not
provide nor prepare such record. Pursuant to F.S. 285.0105.
PUBLISH: Delray Bea9h News CITY OF DELRAY BEACH
July 16, 1~~J :;regor Harty
Jul}l 23, 1993
0~~ ~q) /993
/1susr 5, J 993
_'? ~ rz . j
~
'.
LINTON B 0 U LEV AR 0
#'
;'~
CII:
I-
;,/
..~
~t::I
~"'~~~
)-.
IX
~
I-
-
-'
-
- 2
-
'.
--------"
--~._--- ---~-------_. --~--_.---- --.- --~-_..
ORDINANCE NO. 44-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, LAND LYING AND BEING IN SECTION 25, TOWNSHIP 46
SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND
BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY;
SAID LAND BEING GENERALLY LOCATED ON. THE EAST SIDE OF
MILITARY TRAIL, SOUTH OF LINTON BOULEVARD; REDEFINING
THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND;
PROVIDING FOR THE ZONING THEREOF TO AG (AGRICULTURE)
DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, MDL Realty Co., a Michigan Partnership, c/o Z.E.
Taheri, M.D., is the fee-simple owner of a parcel of land lying and
being in Section 25, Township 46 South, Range 42 East, Palm Beach
County, Florida, as the same is more particularly described herein; and
WHEREAS, Kiernan J. Kilday, Kilday & Associates, as the 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 City of Delray Beach; and
WHEREAS, the subject property hereinafter described lS
contiguous to the corporate limits of the City of Delray Beach, Florida;
and
WHEREAS, the designation of a zoning classification is part of
the annexation proceeding, and provisions of Land Development
Regulations Chapter Two have been followed in establishing the proposed
zoning designation; and
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171.044 of the
Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section l. That the City Commission of the City of Delray
Beach, Palm Beach County, Florida, hereby annexes to said City the
following described lan~s located in Palm Beach County, Florida, which
lies contiguous to said City to-wit:
'.
- -~,-,-- - ~--_.' - - -- --- .-- -
The Southwest Quarter (SW 1/4) of the Northwest Quarter
(NW 1/4), LESS the West 40 feet thereof for road
right-of-way, and LESS the South Half (S 1/2) of the
Southwest Quarter (SW 1 / 4 ) of the Southwest Quarter (SW
1 / 4) of the Northwest Quarter (NW 1/4), all in Section
25, Township 46 South, Range 42 East, Palm Beach
County, Florida.
The subject property being generally located on the
; east side of Military Trail, south of Linton Boulevard:
and containing 35.43 acres of land, more or less.
Section 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined to include therein the above-described
I tract of land and said land is hereby declared to be within the
corporate limits of the City of Delray Beach, Florida.
i Section 3. That Chapter Two of the Land Development
I
I
: Regulations has been followed in the establishment of a. zoning
classification in this ordinance and the tract of land hereinabove
described is hereby declared to be in Zoning District AG (Agriculture)
as defined by existing ordinances of the City of Delray Beach.
Section 4. That the land hereinabove described shall
immediately become subject to all of the franchises, privileges,
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
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.
Section 5. That this annexation of the subject property,
including adjacent roads, alleys, or the like, if any, shall not be
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.
Section 6. That all ordinances or parts of ordinances l.n
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
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.
- 2 - Ord. No. 44-93
I
1
'.
- --
Section 8. That this . ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1993.
MAY 0 R
ATTEST:
i City Clerk
I
I First Reading June 22, 1993
I
Second Reading
- 3 - Ord. No. 44-93
'.
~~L if I I JEEt
T r7 I I I I I 1 1 I 7 I
'\. I IT ~
~ ""- - / I\. I'
~ - <- - ~- "
~ >--I ~J - .......... ~-.,
D -~ ~~
\.... V 1 I I] I I I 11- Y.
....0 T 1 T I I II I I \.Y ~ A
rill ~
I I I I " I I I I I T ':Lie
(Df:WT I-l I I -
c:::') _ I"'" T r -J I I I rr 1 T 1- ::>
--< " r rn R"'"' ---< '" T 1;:: I IJ OL
-r I . I I TT k =--a
_ ,,"'.. T IfIITT If
- - .
.;" ........ --.... . . u" " "
.~ (IOCA-.AT "lAZA) ,""... ..... -c::--:: s 1 C
~ ". _ ''''''''1 I . '"". .. --=" \. \:.
~ (\om.. ...., L ~:
L ""'-~
(so'"" cou"" r:: ~~......
liIEMTAL HULlM
----,: """" - ,,- - '- - ~
c' ~ '1- -
.. SGUlM COUNTY I-- r-
r-. _.... - - y '- t:::-i..l""~
I ~, . ~-'-~'
(11.0001 - ~
CIlCM) '--
---
T - ~ - v ~~
= -~ ~. ~
- - n
_ _ ~ ).j __I
_ rl A f---J 1 I T --
, /.b.. \ --
- ~ r-- f..- Z
/7 I -1".. I '\1 ~
: '" IT 'J/
: fj..............'.r..- an UIIITS -........ '
- ;;;-_...........~
~- ~~. -
; -< I ~~__~r-j I 1111
-r I I 1 I r T >- \ "- (\
-J ~ ~
_\ -
~ -
~ ~ \ -
- '=- f-I ~ \ -\ tJ.
cd ~ ~
.....:
~ ~' r<\~ 1TrrN ~
~~
TAHARI ;
PROPERTY i
I
'.
~
4E:
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ROBERT A. BARCINSKI, ACTING CITY MANAGER
", \(___< ~/'\ j ~~, C (0C\ I
FROM: DA~ J. KOVACS, DIRECTO~
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JUNE 22, 1993
ANNEXATION AND INITIAL ZONING, TAHERI PROPERTY
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance which effects the
annexation of the Taheri property w~th an initial municipal
zoning of Agriculture ( Ag) .
The property involves approximately 35 acres located on the
east side of Military Trail, south of Linton Boulevard.
BACKGROUND:
Attached is the Planning and Zoning Board staff report which
provides a full description and analysis of this annexation and
initial zoning consideration.
Previously on the City Commission agenda, a public hearing was
conducted on a related Plan (FLUM) Amendment. Since the
requested initial zoning is that of Agriculture, and it is
applied as a "holding" zone, it is appropriate to proceed with
the annexation and zoning action without consummation of the
FLUM Amendment.
PLANNING AND ZONING BOARD CONSIDERATION:
,
The Planning and Zoning Board formally reviewed this item at its
meeting of June 14th and forwarded it with a unanimous
recommendation of approval.
At the Board's hearing~comments were entered by Sol Weinberger,
representing Del Aire Homeowners Association, in general
opposition to proceeding. Also, Carol Stanley entered comments
pertaining to statements in the staff report about the location
of a previously identified collector street and characterization
of the hammock grove found on the Blood's Grove property.
'.
City Commission Documentation
Annexation & Initial Zoning, Taheri Property
Page 2
RECOMMENDED ACTION:
By motion, approve the Ordinance on first reading; and schedule
second reading for July 29th.
Attachment:
* P&Z Staff Report & Documentation of June 14, 1993
DJK/CCT.DOC
. .,
. . BOARD
PLANNING & ZONING
CITY OF DELRA Y BEACH --- STAFF REPORT --- .
MEt: TINO DATE: June 14, 1993
,
AGENDA ITEM: II.B.
ITEM: Taheri Property - ABRexation
& Initial Zoning "
(Dewr
TCMl
COOU)
GENERAL DATA:
LINTON
- ...
Owner. . . . . . . . . . . . . . . . . . . . MOL Realty Co.
c\o Z. E. Taheri (\MW DAH"S
~-u.'( PlAZA) ICUllSOIY)
Applicant................Kieran Kilday AIC4
Kilday and Assoc. (UKTOIC O~)
Location.................East side of Military (sount COUC1'f
WDnA&. 1lUL11I
Trail, south of Linton COOU)
Boulevard.
Property Size............35.43 acres a1Y LM'1S
lty Land Use Plan.......Medium Density
Residential
Proposed Land Use Plan...Transitional
county zoning............AR (Agricultural
Residential)
Proposed Zoning..........A (Agricultural
- Holding Zone) (1UlClOI
Adjacent Zoning...North: POC (Planned Office GICM)
Center) -
East: AR (Agricultural oJ
-
Residential - PBC) 1I
South: AR
West: RS (Residential -
Single Family - PBC)
and AR
Existing Land Use........Wholesale nursery.
Proposed Land Use......,.Wholesale nursery.
Water Service..........;.Existing 12" water main
along Military Trail.
Sewer Service............Existing 8" sewer main.
serving the South County
Professional Plaza, to
the north of the site. II. B.
'.
I '1' E M BEFORE THE BOA 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 AG (Agricultural).
LDR Sections 2.4.5(C) & (Of provide the rules and procedures for
the processing of this petition.
The subject property is 35.427 acres and located on the east
side of Military Trail south of Linton Boulevard immediately
south of the South County Professional Building.
SAC K G R 0 U N D:
With the adoption of the City's Comprehensive Plan in November
1989 a need was identified for a future school site in the
southwest portion of the City, in the vicinity of Blood's Grove
and the Taheri property (subject prope~ty). In April, 1993 a
request was received by the agent for the Taheri property for
annexation, Land Use Plan Amendment from Medium Density to CF
and General Commercial, and an initial zoning of CF (Community
Facility) and General Commercial. These land use actions were
to accommodate a ten-acre elementary school and approximately 25
acres of future commercial development.
Subsequent to the submission of these land use petitions the
Palm Beach County School Board tentatively selected property
within Blood's Grove as the site of the new elementary school.
During preliminary review of the requests, the adjacent
neighborhoods expressed opposition to the proposed commercial
designation requested for the balance of the property.
Given the uncertainty of the location of the school site and in
response to concerns aired about General Commercial zoning, the
applicant voluntarily amended his petition to seek a
land use designation of "Transitional" and to continue
annexation but with an A (Agricultural) zoning designation.
PRO J E C T DES C RIP T ION:
The Future Land Use Map (FLUM) designation and the annexation/
initial zoning items are processed separately. This report
deals only with the subject of annexation and initial City
zoning.
The 35.427 acre site currently has two structures on it, a
single family home and a barn used in conjunc'tion with the
existing nursery operation. There is no proposal for a change
or intensification of use.
The applicant wishes to annex into the City, and continue the
existing nursery operations under an agricultural holding
zoning district. I
P&Z Staff Report
Annexation and Initial zoning of Taheri Property
Page 2
ANN E X A T ION A N A L Y S I S:
Florida Statutes Governing Annexations:
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".
* 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 South County Professional
Office Center to the north. The parcel does not abut Del
Aire Golf Course to the south thereby not isolating the
Bloods Grove and Foxe Chase subdivision into a separate
enclave.
Consistency between the City and County Future Land Use Map
Designations:
The City's current Future Land Use Map designation for the
parcel is "Medium Density 5-12 units per acre", while the County
Land Use Designation is "MR-5 - Medium Residential 5 units per
acre" . The applicant is seeking a change of the City Land Use
designation to "Transitional". The Transitional land use
designation allows residential development at a density between
five and twelve units per acre and nonresidential development at
an intensity equivalent to that associated with medium density
residential uses. The subject of the designation on the Future
Land Use Map is addressed in a separate report.
Notwithstanding the above information, the City's FLUM
designation will become effective upon annexation and completion
of City Plan Amendment 93-2.
Consistency With the City's Comprehensive Plan:
Designated Annexation Area: This requested annexation is
consistent with Policy a-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"
12, southeast of Linton and Military Trail.
Provision of Services: When annexation of property occurs,
services are to be provided in a manner which 1s consistent with
services provided to other similar properties already in the
City (Future Land Use POlicy a-3.1). The following is a
discussion of required services and potential provision levels.
'.
P&Z Staff Report
Annexation and Initial Zoning of Taheri Property
Page 3
polices This annexation will not require additional manpower as
there is limited use of the property. There is no need to
expand patrol areas as the police currently pass the property
while patrolling the City areas to the south and north of the
site.
With annexation, the property will receive a response time from
between 4 minutes (emergency call) and 6 minutes (non-emergency
call) from the Delray Police Department.
Fire and Emergency Services: The annexation of this area will
not require additional fire fighting nor para-medic equipment or
manpower. The property will be served by Fire Station No. S
(Germantown Road and Linton Boulevard) which is located
approximately one mile away.
With annexation, the property will receive an improved level of
response time from the current 2 to 3 minutes of the County Fire
Department (Pheasant Walk station) to 1 minute for the City Fire
Department (Germantown Road and Linton Boulevard).
Water: The existing nursery operation currently utilizes a well
for all water use. The parcel has access to a 12" water main
which runs along its property frontage down the east side of
Military Trail. Full water service is available to the
property. The responsibility for connections rests with the
property owner.
Future development of the property will require extension of the
water main into, and through, the site to its eastern boundary.
Looping of the mains for system integrity north to the South
County Professional Office Center or south to the main wi thin
Del Aire subdivision may be required to accommodate on-site
development.
The 300' required minimum fire hydrant spacing is not met in
this area. The installation of a fire hydrant at the current
point of entry to the on-site nursery should be programmed.
Until that time, a pumper unit would respond to an on-site fire.
Sewer: The existing nursery operation utilizes a septic field.
The nearest sewer to the site is located north in the South
County Professional Center. It is not required that connection
to central sewer be made at this time.
Development o~ the property will require accessing lift station
No. 60A which is located west of the South County Mental Health
Facility, approximately 800 feet north of this property.
P&Z Staff Report
Annexation and Initial Zoning of Taheri Property
Page 4
streets and Traffic: Compliance with traffic concurrency does
not apply to the annexation and initial zoning since a new
zoning designation is not being imposed. Both the current
County zoning designation and the proposed City zoning
designation is Agricultural.
With future rezoning and/or review of a development proposal, a
finding of compliance with traffic concurrency will need to be
made.
Upon development of the site, a portion of a planned 80'
collector road which will run between Linton and Military Trail
is to be accommodated. With the initial annexation petition a
conceptual plan was provided showing the general layout of a
middle school, the location of the proposed 80' collector
roadway, drainage retention areas and the private development
areas. Although the concept plan is not applicable to the
current annexation' request, the following is highlighted to
assure that future development will accommodate it.
The proposed alignment of the collector road was shown
extending east across the property and terminating at the
western edge of a~ en~lrenm~Rtall~ oeR81~lve Hammock stand
on the Bloods Grove property. In the City's Comprehensive
Plan this stand of trees has been identified as an area
which is to be preserved. Preservation of the hammock
grove will require realignment of the eastern portion of
the roadway approximately 200' to the north.
Parks: The current use of the property (nursery) does not
create a demand for park usage. Thus, there will be no change
to this service upon annexation.
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: LOR Section 5.3.2.(C)(I)]
Solid Waste: As there is no change in actual land use and there
is no change in destination landfill, there is no impact to
solid waste disposal. However, there will be change in purveyor
of the service.
Fiscal Impacts:
Affect upon the annexed property: For the 1992 tax year the
Taheri property had an assessed value of $798,295. An
Agricultural exemption has been granted for the property; thus,
the taxable value of the property is $194,653.
'.
P&Z Staff Report
Annexation and Initial Zoning of Taheri Property
Page 5
With the change from County to City jurisdiction, the following
taxes and rates will be affected:
Ad Valorem Taxes Millage With Annexation
Fire/Rescue Mstu 2.3879 Deleted (County)
Library .3885 Deleted (County)
City of Delray Beach 6.2000 Added (City)
City of Delray Beach Debt .9500 Added (City)
+4.3736 Difference *
* Total tax millage in the County is 19.38 mills while in the
City the total millage rate is 23.75 mills.
The Taheri property will have an increase in taxes from
approximately $3,772 to $4,623 a year (an increase of
approximately $851).
In addition to property taxes, the following Non Ad Valorem
fiscal impositions apply.
Dslray Beach storm Water Utility - This City assessment will be
approximately $27.00 a year based upon the combined impervious
area for the single family structure and the nursery
structure/barn.
Solid Waste Authority - A reduction in collection rates from
approximately, $255.00 to $119.00 a year should be experienced.
Affect Upon City Revenues/Expenses: At the 1992 City millage
rate of 6.20 mills and debt rate of .95 mills, the Taheri
property will provide $1,206.84 and $184.92 respectively in new
ad Valorem taxes to the City per year. This is a total property
tax increase of $1,391.76 a year. In addition, $27/year is to
be realized in the storm drainage assessment.
Additional revenue will be realized through the annual
collection of an occupational license fee for the nursery
operation.
As the property will be utilizing its current agricultural use
per capita reimbursements will not be realized; nor will there
be revenue to the water and sewer enterprise funds.
While the City will not receive any substantial revenue from
this annexation, it will not incur significant demand for the
provision of services.
..
.
P&Z Staff Report
Annexation and Initial Zoning of Taheri Property
Page 6
Z 0 N I N G A N A L Y S I S:
The' proposed initial City zoning of "Agricultural" is being
affixed to the entire property to serve as a holding zone
pending the formation of development plans. This designation
will allow the continuation of the existing nursery business as
well as the existing agricultural exemption status. With
further development of the site, the applicant will be required
to submit a formal rezoning request.
The current County zoning designation for the parcel is AR
(Agricultural Residential). The proposed initial City zoning
designation is AG (Agricultural). There is no change . in the
actual land use which will occur on the property.
R E QUI RED FIN DIN G S: (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 applicant is seeking an "Agricultural" zoning district
which will act as a "holding" zoning designation as no
development is contemplated at this time. The agricultural
zone district is considered compatible with any land use
designation when used in this capacity.
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 proposal involves the annexation of an existing nursery
operation and related single family home with no new
development proposed at this time. There will be no change
in the manner in which water, sewer, drainage, and
street/traffic services are prov ided . 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).
'.
P&Z Staff Report
Annexation and Initial Zoning of Taheri Property
Page 7
Compliance with Land Development Regulationsl
The existing nursery (agricultural) use is in compliance
with the proposed zoning of Agriculture.
Consistency: Compliance with the performance standards set
forth in Section 3.3.2 (Zoning), along with the required
findings in Section 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 making of a finding of overall consistency. The applicable
performance standards 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 wi thin stable residential areas shall be
denied.
As the property and adjacent parcels are not developed
for residential purposes this standard does not apply.
B) Performance Standard 3.3.2(0) states: That the rezone
shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use 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 initial zoning designation will accommodate the
existing nursery use and acts as a "holding zone"
pending a future development proposal. The existing
agricultural land use is compatible with other
agricultural uses to the west and east and office uses
to the north.
Pursuant to Section 2.4.5(0)(1), a justification statement
providing the reason for which the change is being sought must
accompany all rezoning requests. The Code further identities
certain valid reasons for approving the change being sought.
As this zoning 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.
R B V I E W B Y 0 THE R S:
The annexation 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) .
P&Z Staff Report
Annexation and Initial Zoning of Taheri Property
Page 8
On May 24, 1992 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:
* the City of Boca Raton (within 1/4 mile),
* Helen Coopersmith (PROD),
* Erminio P. Giuliano (Foxe Chase)
* Saul Weinburger (Del Aire),
* Jim Goggin (Shadywoods),
* Gretchen Bacon (Oakmont)
* Spanish Wells Condo Association,
* Country Lake Association, and
* Shadywoods Homeowners Association.
ASS E SSM E N T AND CON C L U S ION S:
Accommodating the annexation of the Taheri property and affixing
initial City zoning of AG (Agriculture) 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. Also, annexation at this time will
further reduce confusion in the provision of services to
unincorporated areas which lay east of Military Trail.
As stated previously, there is an accompanying land use
designation request being concurrently processed. Technically,
a municipality is to annex property and effect a land use
designation. It appears appropriate in this situation that the
annexation proceed to completion regardless of the action on the
accompanying land use item. We note that the land use action
will provide a more intense designation than is accommodated
under the County FLUM.
This conclusion is reached on the basis that the applicant is
completing the annexation and initial zoning process in order to
be in a better position to accommodate future development
options. Except for a minor increase in taxes and fees, there
appears to be no downside to consummation of the annexation.
'.
P&Z Staff Report
Annexation and Initial Zoning of Taheri Property
Page 9
A L T ERN A T I V E S:
A.. Continue with direction.
B. Recommend approval of" the annexation request with initial
zoning designation of AG (Agricultural).
C. Recommend denial of the Annexation petition with reasons
stated i.e. a failure to make appropriate findings.
S T A F F R E COM MEN 0 A T ION:
By motion:
Recommend approval of the Annexation request with an
initial zoning designation of AG (Agricultural) based upon
positive findings with respect to Section 3.1.1, Section
3.3.2, Section 2.4.5 (0)( 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.
DJK/TAHARZAX.DOC
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERf.1l1
SUBJECT: AGENDA ITEM i I 0 (!..; - MEETING OF JULY 27. 1993
ORDINANCE NO. 45-93
DATE: July 23, 1993
This is the second reading of an ordinance correcting the zoning
classification for the Palm Trail Medical Building at 909 N.E. 9th
Avenue from RM (Multiple Family Residential - Medium Density) to POD
(Professional Office District) . The subject property is located
between Palm Trail and N.E. 9th Avenue, north of George Bush
Boulevard.
The existing use is a 21,650 square foot medical office building with
associated parking. The project received site plan and conditional
use approval in 1975 and was constructed in 1977 under the provisions
of the zoning in existence at that time (RM-15). During adoption of
the LDRs in 1990, this parcel was rezoned to RM, apparently in error,
since at that same time professional offices as conditional uses were
deleted from the RM district regulations. Hence, the existing
building became a non-conforming use. The proposed rezoning to POD is
corrective in that it will bring the existing structure and uses into
compliance with current zoning requirements.
The Planning and Zoning Board formally reviewed this item at its
meeting of June 21, 1993, and voted unanimously to recommend approval
of the rezoning from RM to POD.
At the regular meeting of July 13th, Ordinance No. 45-93 was passed on
first reading with a 5-0 vote.
Recommend approval of Ordinance No. 45-93 on second and final reading.
p~ tj-O
'.
'.
____-_____ 0" __.
- -- - ._--------
ORDINANCE NO. 45-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CORRECTING THE ZONING
CLASSIFICATION FOR A PARCEL OF LAND AS MORE
PARTICULARLY DESCRIBED HEREIN, FROM RM (MULTIPLE
FAMILY RESIDENTIAL - MEDIUM DENSITY) DISTRICT TO POD
(PROFESSIONAL OFFICE DISTRICT); SAID LAND BEING
LOCATED BETWEEN PALM TRAIL AND N.E. 9TH AVENUE, NORTH
OF GEORGE BUSH BOULEVARD; AND CORRECTING "ZONING MAP'
OF DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated
October 1, 1990, as amended and supplemented, as being zoned RM
(Multiple Family Residential - Medium Density) District; and,
WHEREAS, during the review process of a privately sponsored
rezoning petition for the subject property, it was determined by the
Planning and Zoning Board that the request should be processed as a
corrective rezoning inasmuch as a review of City records indicates
that such zoning classification was inadvertently applied to said
property; and,
WHEREAS, at its meeting of June 21, 1993, the Planning and
Zoning Board, as Local Planning Agency, reviewed this item and voted
unanimously to recommend approval of the rezoning, based upon positive
.findings; and,
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated October 1, 1990, be corrected
to reflect the proper 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 October 1, 1990, as amended and
supplemented, is hereby corrected to reflect a zoning classification
of POD (PrOfessional Office District) for the following described
property:
Lots 4 to 9, both inclusive, and Lots 13 to 17, both
inclusive, Block 5, together with abandoned alley
lying between Lots 4 to 8 and Lots 13 to l7, and West
i half of said alley lying adjacent to Lot 9, of SOPHIA
I FREY SUBDIVISION, in Palm Beach County, Florida,
, according to the Plat thereof on file in Plat Book 4,
I
I
'.
--- --- .----,- - ."- ..- ..-- --..---.------. --------- ..- --- ---
Page 37, of the Public Records of Palm Beach County,
Florida.
The subject property is the Palm Trail Medical
Building, 909 N.E. 9th Avenue, Delray Beach, Florida.
It is located between Palm Trail and N.E. 9th Avenue,
north of George Bush Boulevard; containing a 1. 77
acre parcel of land, more or less.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, correct 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 , 1993.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
, - 2 - Ord. No. 45-93
i
'.
IY(
~-' ,
i?--/~
~
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DAVID J. KOVACS, DIRECTOR~ QI:;& [;\./1 (;] rifl
DEPt?ENT , ~ ~ ONI~G .
FROM: J~INS' PLANNING TECHNICIAN I
,3
SUBJECT: MEETING OF JULY..Ki 1993
REZONING FROM RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM
DENSITY) TO POD (PROFESSIONAL OFFICE DISTRICT) FOR THE
PALM TRAIL MEDICAL BUILDING.
ACTION REQUESTED OF THE COMMISSION:
,-
The action requested of the City Commission is approval on
first reading of a rezoning from RM (Multiple Family
Residential - Medium Density) to POD (Professional Office
District) .
The subject property is the Palm Trail Medical Building,
located at 909 NE 9th Avenue. It is located between Palm
Trail and NE 9th'Avenue, north of George Bush Boulevard.
BACKGROUND:
The Palm Trail Medical Building received site plan and
conditional use approval in 1975, under the provisions of the
previous RM-15 zoning. At that time, medical offices were
allowed as conditional uses in RM-15. The building was
constructed in 1977. As a part of the Citywide rezoning with
the adoption of the LDRs in 1990, the subject parcel was rezoned
to RM, apparently in error. At the same time, professional
offices as conditional uses were deleted from the RM district
regulations. The result of these actions are that the existing
office building is a non-conforming use.
The subject parcel currently has a Transitional Future Land Use
designation. The POD zoning is consistent with the Transitional
designation. The existing building complies with POD
development standards regarding setbacks, height, open space,
etc. zoning.
'.
City Commission Documentation
Rezoning from RM to POD - Palm Trail Medical Building
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered this item at its
meeting of June 21, 1993. The Board voted 7-0 to recommend
approval of the rezoning from RM to POD.
RECOMMENDED ACTION:
By motion, approve, on first reading, a rezoning of the Palm
Trail Medical Building from RM (Multiple Family Residential -
Medium Density) to POD (Professional Office District).
Attachments:
* P&Z Staff Report
* Location/Zoning Map
Report prepared by : JeffPerki~lanninq Technician I
Reviewed by DJK on : ~ro~~ '
.
..
PLANNING & ZONING BOARD
CITY OF DELRA Y BEACH --- STAFF REPORT ---
~~...; TING DATE:
AGENDA ITEM:
ITEM:
--- I I l-.. ,... ,
ST.
;::.. - I : r::::!(
1:= g U-
-
I j ).: t- - - ~I
=-i ~ - _ r I
'" tI I I I
~I ::i
"" I
-
~ >-
~ I'
~ , -
~,j
~ , \--ti "JlK&.
J
I II
~~ gjEi- ~ ~~'
\
<
~ , I~ II 8]) IE1tBmID . 8
i N ,
I ~ I I I
L__NERAL DATA:
Owner/Applicant..........Angelo Pace M.D. and Herbert L.
'Wachtel, M.D.
Palm Trail Building Partnership
Agent....................David Harden, City Manager
City of Delray Beach
Location.................North of George Bush Boulevard, between
NE 9th Avenue and Palm Trail.
Property Size............l.77 Acres
City Land Use Plan.......Transitional
Existing Zoning..........RM (Multiple Family Residential -
Medium Density)
Proposed Zoning..........POD (Professional Office District)
Adjacent Zoning...North: R-lAA (Single Family Residential)
East: RM
South: GC (General Commercial)
West: RM
Existing Land Use........Existing 21,650 square foot medical
. office building with associated
parking.
Proposed rmprovement.....Corrective rezoning to POD to bring the
existing structure and uses into
compliance with current zoning
requirements.
Water Service............Existing on site.
Sewer Service............Existing on site.
'.
.
I T E M B E FOR E THE BOA R D: ,
The action before the Board is making a recommendation on a
corrective rezoning from RM (Multiple Family Residential -
Medium Density) to POD (Professional Office District).
The subject property is the Palm Trail Medical Building, located
at 909 NE 9th Avenue. The site is composed of Lots 4-9 and 13-
17, together with abandoned alley right-of-way lying between
Lots 4-8 and 13-17, and west half of said alley lying adjacent
to Lot 9, Block 5 of the Sofia Frey Subdivision, with a total
area of 1.77 acres. It is located between Palm Trail and NE 9th
Avenue, north of George Bush Boulevard.
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.
B A C K G R 0 U N D:
- .....
The Palm Trail Medical Building received site plan and
conditional use approval in 1975, under the provisions of RM-15.
At that time, medical offices were allowed as conditional uses
in RM-15. The building was constructed in 1977. As a part of t
the Citywide rezoning with the adoption of the LDRs in 1990, the
subject parcel was rezoned to RM. At the same time,
professional offices as conditional uses were deleted from the
RM district regulations.
The subject parcel currently has a Transitional Future Land Use
Designation and RM (Multi-family Residential - Medium Density)
zoning. Although the zoning designation is consistent with the
FLUM, the existing land uses - medical offices - are no longer
allowed in the RM district. The current uses are considered to
be legal non-conforming uses.
The proposed corrective rezoning of the property to Professional
Office District (POD) zoning would make the existing structure
and uses conforming.
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.
P & Z Staff Report
Palm Trail Medical Building - Rezoning from RM to POD
Page 2
Future Land Use Map: The use or structures must be allowed in
the zoning district and the zoning district must be consistent
with the land use designation.
The current Future Land Use designation for the subject
property is Transitional. 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 this site. As
the subject parcel is located between an existing
residential area with a mix of single and multiple family
units and an existing commercial area, the Future Land Use
Map designation is appropriate.
The requested zoning change is from RM (Multiple Family
Residential - Medium Density) to POD (Professional Office
District) . Professional Office District zoning 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 site is currently developed, no additional demand
for service capacity will be generated by this action. No
future development of the site is proposed. A positive
finding can be made with respect to concurrency.
Consistency: Compliance with the performance standards set
forth in Section 3.3.2 (iitandards for Rezoning Actions) along
with required finding_ in Section 2.4.5(D)(5) (Rezoning
Findings) shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies found
in the adopted Comprehensive Plan may be used in the making of a
finding of overall consistency.
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and the following was
found:
Housing Element POlicy A-3.3: Areas identified as
"stabilization and revitalization" on the Residential
Neiqhborhood Cateqorization Map shall be provided assistance
through the development of a "neighborhood plan"... The Plan
shall also address the appropriateness of rezonings...
Commencing in FY90/91, the City shall provide a division within
the Development Services Group which shall produce at least one
such neighborhood plan per year.
'.
P & Z Staff Report
Palm Trail Medical Building - Rezoning from RM to POD
Page 3
The subject property is located in a neighborhood
designated as "stabilization and revitalization" area on
the Residential Neighborhood Caterorization Map. The map
is a generalized representation, which includes
non-residential properties with surrounding neighborhoods.
As the subject property is an existing non-residential
development, it should not be considered as a part of the
"stabilization and revitalization" neighborhood.
Section 3.3.2 (Standards for Rezoninq Actions): The applicable
performance standards of Section 3.3.2 and other policies which
apply are as follows:
D) That the rezoning shall result in allowing land uses which
are deemed compatible with adjacent and nearby land uses
both existing and proposed; or that if an incompatibility
may occur, that sufficient regulations exist to properly
mitigate adverse impacts from the new use.
The subject property is currently zoned RM. The property
is adjacent to GC (General Commercial) zoned properties,
with existing commercial businesses, to the south.
Properties to the north, east, and wes t 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 this site. The
POD zoning designation is appropriate for the Transitional
FLUM designation and for this site. The zoning change 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(0)(5) (Rezoninq Findinqs):
Pursuant to Section 2.4.5(0) (1) (Findings), in addition to
provisions of Section 3.1.1, the City Commission must make a
finding that the rezoning fulfills one of the reasons for which
the rezoning change is being sought. These reasons include the
following:
a. That the zoning had previously been changed, or was
originally established, in error;
b. That there has been a change in circumstances which
make the current zoning inappropriate;
c. That the requested zoning is of similar intensity as
allowed under the Future Land Use Map and that it is
more appropriate for the property based upon
circumstance. particular to the site and/or
neighborhood.
P & Z Staff Report
Palm Trail Medical Building - Rezoning from RM to POD
Page 4
The applicable reason is "a," pursuant to the following:
The' Palm Trail Medical Center site was changed from "Multiple
Family Residential" to "Transitional" on the Future Land Use map
in 1989. The RM zoned area adjacent to the site was assigned
"Medium Density Residential" Future Land Use at that time. The
intent was apparently to assign a different zoning (i.e. POD) to
the site, leaving the existing uses as conforming. However, the
site was left in RM, with the Citywide rezoning, in 1990. The
changes made to the RM district at that time rendered the site
non-conforming. Since the Future Land Use Map was changed to
accommodate the existing development, the application of RM
zoning to this property appears to have been an error.
Additionally, reason "c" would also be appropriate. The
existing office use is, in some respects, more appropriate than
multiple family residential development in this location, as it
provides for a gradual change in intensity from commercial to
residential.
LDR Compliance - U.e:
Section 4.4.16 Professional Office (POD) District:
"The Professional and Office District (POD) 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 structure at 909 NE 9th Avenue meets the above described
Purpose and Intent of the POD district.
All uses in the structure are permitted in the POD 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.
Section 4.3.4(K) Development Standards Matrix:
The site meets all development standards for POD zoning, per LDR
Sections 4.3.4(K) Development Standards Matrix, including
setbacks, building height, lot coverage, open space minimum lot
size and minimum lot dimensions.
Section 4.6.9 Parking Requirements:
Per LDR Section 4.6.9(C)(4)(c) medical offices are required to
provide 5 spaces per 1000 square feet of floor area. The site
has 21,650 square feet of floor area, requiring 109 spaces.
Approximately 110 are provided. In general, design standards
for spaces and aisleways are met.
'.
P & Z Staff Report
Palm Trail Medical Building - Rezoning from RM to POD
Page 5
Five handicap parking spaces, which do not comply with all
current standards, are provided. All lack the required 5' ramp.
Providing five (5) standard handicap spaces as required by code
may reduce the number of parking spaces below the required 109.
Section 4.6.16 Landscaping:
Current landscape requirements f or the site are not fully met.
The site lacks several required landscape islands and several
existing islands lack hedges and/or trees and curbs. Also, the
abutting parking tiers to the west of the building lack the
required 5' landscaped area. The installation of the landscape
features necessary to meet current codes would most likely
reduce the number of parking spaces at the site.
The property has been cited for non-compliance with the October
1, 1993 landscape requirements. The property owners will need
to screen an existing dumpster and replace some missing
perimeter trees in order to bring the site into compliance with
the October 1993 requirements. These changes will not, however,
bring the site into complete conformance with all current
landscaping regulations.
REV I E W B Y o THE R S:
The rezoning is not in a geographic area requiring review by
either the HPB (Historic Preservation Board) , DDA (Downtown
Development Authority) or the CRA (Community Redevelopment
Agency) .
Neighborhood Notice:
Formal public notice has been provided to property owners within
a 500' radius of the subject property. 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:
* Beach Property Owners Association
* La Hacienda 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.
ASS E SSM E N T AND CON C L U S ION:
The current RM zoning appears to have been made in error at the
time of the Citywide Rezoning. This rezoning to POD will not
'.
P & Z Staff Report
Palm Trail Medical Building - Rezoning from RM to POD
Page 5.1
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 POD 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. A rezoning of the site is appropriate.
A L T ERN A T I V E ACT ION S:
A. Continue with direction.
B. Recommend a rezoning of the Palm Trail Medical Building
Lots 4-9 and 13-17, Block 5, from RM to POD, based on
positive findings.
C. Recommend denial of a rezoning of the Palm Trail Medical
Building, based on a failure to make positive findings.
S T A F F R E COM MEN D A T ION:
Recommend approval of the rezoning request for the Palm Trail
Medical Building from RM (Multiple Family Residential - Medium
Density) to POD (Professional Office District), 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).
Attachments:
* Location Map
Report prepared by: Jeff Perkins, Planninq Technician I
Reviewed by DJK on :
'.
t-ff!J r If-I' ,
c- " '- j /1/'. II / ! /III II It L1' ; r
"'i ' Ifll """ AYE. N. i]
""~;f lLMi AYE. ; I I I ! I I j~ {IJlJ()lJ~ .f EJ I L
u " l 1I I I I TI I/r, --
;~ I ' 1 YT
; ~ I 1 "1 I
J ~ ~ III l -
II G ~ S~ ~ITIJRj (;1) J L ,
I g ~ ~ re. .;/
1 F- -. I CIj
I, L ~ J r r- ITD' I ~
I~ ~. ~ I ~-
~ r ;. ~= _~ I: l/ 7 : l L I
! ' ~Mf=~ ~-~A ~I ~L
1~' '- B ,-" 1f f! M
-=. "'- IN; - -, -
_~ 2 I
- -~ ~
IE _ W ~ G ~ I L
'I _.,.- '1 I
l "---= - i j 1
_ _ 1
. L _ _1-- - - 1 /'
t --..jijn
----l I--- _ Z J
_ .."".. :-' . . ius -=L ~ IT I ~ S~
t- ..~ .. = ~-, I
"- ~
r"'1l tl.
_ N.~~ "'-' I
- t" ~1I ~ >-
~ =---.'" -: -'-' = ~
'" oft~ e r ~ - I ~I
II '- ~'- I T ~I
II fF: ~ -: ...!:~ 7 J CD
_ M -,,'~" ~3 i ~ -
- ~ ,., if "" I
.~ N.~ \.I I ~I }_? I J
;: . or _ 5TH 7 /!O "'
'- d"" _ _ ST. ; i!t ( I
.. " d .- I ')
_' z 1
-~ ~ >' - :j
'-- . :I:-----I
. -; PALM TRAIL
1 OFFICE BUILDING
-
-",--..
,.
PUBLIC AND CITY COMMISSION COMMENTS FROM JULY 27, 1993:
Public Comments:
( 1) Mr. Terrence Hopkinson, 2105 Spring Harbor Drive, Delray
Beach, who addressed the Commission concerning the community
tennis program which has been underway this summer and the
positive aspects it has been having in the community. Mr.
Hopkinson encouraged the Commission's support of this
program now and in the future.
(2 ) Mr. Wayne Dennis, who thanked the Commission for their
support of the gospel concert which recently took place at
the tennis stadium facility. Not only was the event a
success, but it appears to have generated considerable
interest in using the tennis facility for similar events
based upon the n urnbe r of phone calls which he has been
receiving.
( 3) Ms. Alice Finst, 707 Place Tavant, Delray Beach, who
referred to a newspaper article concerning the closing of
the Agricultural Cooperative Extension office which ser"O'es
the South County area. Ms. Finst expressed concern about
the County's budget cuts causing the loss of services to
South County residents and asked that the Commission direct
the City Manager to send a letter to the County
Administrator requesting that this action not be taken.
Commission Comments:
(1) Dr. Alperin: No comments.
(2 ) Mrs. Smith: Inquired as to the status of the various
F.I.N.D. tracts within the city regarding ownership or
management by the city? The City Manager reported that some
time ago a request was made by the City to F.I.N.D. to
either take them over or lease them, and it is his
understanding that F.I.N.D. is moving toward making two of
the parcels (the one discussed earlier this evening and the
one that is south of Knowles Park) available to the City.
There are issues such as maintenance which would have to be
worked out, but it is something that would corne to the
Commission at a future date for formal action on whether to
accept them or not.
(3 ) Mr. Randolph: Expressed his support for Mr. Hopkinson's
appeal made earlier in the meeting for the introduction of
and support of the youth tennis programs within the
community.
Regarding the refurbishment of the tennis courts at Pompey
Park, Mr. Randolph expressed the hope that this work will be
done as soon as possible. He also expressed the hope that
we'll be able to start on the pool project fairly soon, and
commented that we may want to look at the possibility of
relocating the pool.
'.
~
(4) Mr. Ellingsworth: Thanked the City Manager for the
landscape maintenance (tree trimming) which had been done by
the first court at the tennis center, and expressed the hope
that when the second phase starts, some more fencing can be
put in front by the clubhouse. The City Manager commented
that the review of the plans for the second phase of the
tennis center is scheduled for the August workshop meeting.
Mr. Ellingsworth reported that the Delray Beach National
Little League team is playing tonight in Tampa for the State
Championship, with the suggestion that some form of
recognition would be appropriate. (NOTE: A proclamation is
being prepared for presentation at a special session on
August 3rd at Mr. Ellingsworth's request.)
A~
7/29/93
.
'.
-
--rhe M I~i !1effA/d...
/l.1uvsd,Qj) "Su~e fO) 1'i93
'Delr., btd~;tOr'D" Cup. '_;".;;, ,
George. LJcIdJ,' promoter o{the'
Virgina Slims of Florida, hopes
to make a preSentation to the
UST A in the next two weeks for
Delray Beach to hold the United
States-Bahamas. Davis Cup tie in.
. September..' .. . ,,-
Delray Beach, which was host
to the Slims for the fll'St time this
year, is one of six cities in the
race for the three-day Davis Cup
match, the winner of which qual-
ifies for.the Cup in '94.'
. YIIIUI and ..... ....... the
. junior standouts from Los Ange-
les who train at Macci's interna-
tional Tennis in Delray Beach, '
were part of a tennis revival"at
. the Delray Beach Tennis Center
on Wednesday. The revival,
organized by r.... HopIdnIon
and his son IIIchIII, ranked No.
S 1 in men's co11. tennis, is the
kickoff to a continuing program
for kids from the inner-city area
sUrrounding the tennis center.
. " "F<
C
,.
.
,
THE CITY OF DELRAY BEACH TENNIS CENTER
and
Tbe Academy for Creative aDd Energetic Tennis - ACET Corporation
proudly present
the first annual exhibition
A TASTE OF TENNIS
* * * PROGRAM * * *
Master of Ceremonies Leonard Butler, Site Supervisor, Pompey Park
Introductions Leonard Butler
Delray Beacll Tennis Center Ed Foster, Tennis Director
Exhibition Commentary Terrence Hopkinson, President, ACET Corporation
High Performance Workout Michael Hopkinson, Collegiate All-American
Etienne Dumas, Program Director, ACET Corporation
Coaching Exhibition - I Dennis (Bill) Murray, Tennis Instructor, Pompey Park
Angela Carter, Alumni, Pompey Park Tennis Program
Coaching Demonstration Michael Moore(7 years old) and
Bruce Lewis, Public Relations Director, ACET Corporation
Coaching Exhibition - II Bill Adams, Tennis Director, High Intensity Tennis
Tennis Exhibition Michael Hopkinson and
Casey Cleveland, Collegiate All. American
Coaching aDd Playing Richard Williams, Coach, Manager and Agent
Exhibition Venus Williams - Internationally Acclaimed Player
Serena Williams - Internationally Acclaimed Player
Tennis Shoot-out
TFH/JUNE 9. 1993
"
..
..------.-- _.... n~~"~_ _..... '"._ """_.' .._un "_,.~_:;__u,_____"'.n ~ -- -.. - .. -... -'-_.... -... - ~
" -,' ..
"$- .-, .~ '.,'
. I RTi'*" ,J.'
",<"'" " ". II aPO ~,\,'C
'.
imI'A~ Tlnt?NET 4:
"
.
~~" 1"
Tennis academy
sets up shop in
Delray to
promote the "
game among the
community's
minorities.
By SHARON ROBB
Stall Wrtter
DELRA Y BEACH - Etienne
Dumas was 5 when he saw Arthur
Ashe play stan Smith In a tennis
exhibition In the African nation of
Zambia.
For Dumas, the son of an am- I
bassador, the doors were always
open for sueh opportunities: Ten-
nis exhibitions, lessons, acade-
mies, boarding schooIa aud world
travel.
"They were doing a tour
through Africa so Arthur Ashe
was at the house," Dumas said. "I
got to see him play and warm up,
and it kindof sparked the Interest
In teDDis for me."
It also helped to raise his
awareness of lIOcial issues. Du-
IDII8 waDta to see every minority SlaIt pt..Ii.ojiM VIIlQA
tiel IIrfe _.of the opportllJli-
ties be had pwtng up, DO matter Nine-year-old Timothy Kitchens awaits his turn to hit, watching a tennis drill from beyond the tiet. ''f'~.
what tbeir economic situation is. ."
TIIrough the Academy for ere- individuals polled.
ative and Energetic Tennis . None of the programs cur-
(ACET Corp.), they may get that rently offered by local tennis cen-
opportunity. ters addresses any of the above
ACET, the brainchild of Ter- needs and, as a result, there is a
rence Hopkinson, president of very small voluntary participa-
ACET Corp., Dumas, the pro- tion by the community In any
gram director, and J.R. Hopkin- program.
son, ACET co-founder, will at- Since the survey. interest has
tempt to establish a year-round been overwhelming. Dumas is In-
eommunity-based tennis pro- structing 32 kids from 9-11 a.m.
gram In Delray Beach. and 11-1 p.rn. five days a week at
.. Just to give these kids a Pompey Park.
chance to achieve, to see there's a Because Pompey has only two
way to get out, it's a way of get- courts, classes spill over onto the
ting Into college," Dumas said. blacktop basketball courts and
"There are not enough minority grassy areas. A munchkin tennis
tennis players out there. What's class is held from 2-3:30 p.rn. for
the reason? Lack of opportunity, kids ages 5-7. Kids are also
money, equipment and programs, bussed in from communities such
just a combination of things." as Pearl City In Boca Raton.
Terrence Hopltinson canvassed At 17, Dumas turned pro and
the community, talking with par- played on the satellite tour. He
ents, kids and civic leaders, to see had been living at Nick Bollet-
whether there was an Interest In tieri's Tennis Academy In Bra- =
community-based tennis pro- denton until a year and a half ago.
grams. His preliminary findings He grew up with Pete Sampras,
were: Jim Courier and Monica Seles.
. There is an extremely At 24, Dumas became a juniors
stroDg Interest In participating In coach. He has coached some top
a comprehensive set of tennis juniors, including Michael Hop-
clinics. kinIOn, an All-American from Instructor Etienne Dumas was introduced to tennis when Arthur Ashe played in Africa.
. There has been litUe, if any, Kentucky, who ,will compete at ~
effort until DOW to reach out to the U.s. Open In September. ing group so each child gets the ~ is giving teDnis clinics at ~
tbe community regarding partici- He has also worked with her- who ,.want to play tennis. They
patiDI In teanis and Involving aided juniors players Venus and just" needed the opportunity. opportunity to use a racquet public facilities and middle <-
them In local tournaments such Serena Williams. It was their fa- We're out here starting from "I saw tennis but 1 couldn't re- schools to spread the word. Satur- 5.
as the Virginia Slims tiler, Richard, who convinced Du- scratch. " late to it until i saw Arthur Ashe day, Dumas will give a cHnic at ~
Tournament. mas to come to the area. The program is waiting for play," Dumas said. "It made a big Boca Raton Middle School. ,:..
. The cost of tennis programs "We wanted to make a differ- grants and funding. Equipment is imprint and 1 think minority kids "It's exciting to me becaae it s . i
In and around Delray Beach are ence In this community," Dumas scarce. Dumas has only 20 rac- bere need more role models." something right from ~ ground..,j"
probibitive and can be afforded said. "We wanted to make an im- quets. He divides his classes into ACET hDpes to.llpread its PN:. . ~ ~. ~ .lev~ __~ w
by few, if any, of the families and pact. There are kids out there a conditioning group and a play- uam throughout South Florida. 1IlIid. ...
" ,
-
..
*
. 1
,. , --.........
,.,---
STAR
* * *
SEARCH
AeET set to match
Delray kids with
tennis' opportunities
BY lIIcIIa_I.
SPORTS WlU'I'D.
Tequira Fair, 10, considered tell-
nis a like change of pace from tile
=y Park summer camp'.
:be fidd trips to the = pm
8Dd ~ids. Ebony enderioB,
~ bittin& die ball. SbIa-
JobDIOIl, 10, bad a more ..
pbfsUcated view.
'.You set to wID ~ w-.
r='re iii toumamentlt &be said.
"Plus, ,.. can make a lot aI
moaey. '
AbOut 40 kids played Monday at
~ Park. TIle ~
= the DeJriy
ACET Academy for Creative aod
Tennis) ~, W'II
desigiled to introduc:e y Beach
kids, ages 5-13, to teDnis.
"I've been told by authority Jt
urea that und~rivneged
aren't interested tennis. What
we have found is euct1y the 0ppo-
site," ACET president Terrenee
H~ said. "To people who
can afford it, tennis is a DaturaI.
But the ~Ie who can't afford it
still bave the same discipline. I've
bad kids walk ~ to me after two
hours and ask they can bit with Net ... George Brazil, a 12-year-old Delray Beach resident. volleys the ball
me. To stiO bave that interest after
that much time in the bot sun takes during a tennis camp at Pompey Park in Delray Beach on Monday.
a Jot of discipline.
"I. don't think sufticlent effort ~ ~p of kids playing, you "One day you'D see them watch-
bas been made to reacb out to these fin certain ones do actually ing from across the street. The oat
kids." like tennis. But other kids ~ day, they're a little ca.. The
The ~ Is offered free of want to = of the groIlJ:' It s a third day, they wort up eaouab
charge. A pun:based the baDJ positive uence that pro des an- courage to ask if they caa =
and sup~a couple rackets. The other alternative to banging out on i::' TheLr see other ~
Dekay . TenDis Center 8Dd the street c:orner." , and want to be part of ~
Pompey Park added 4S more rack- H~ ~ to reach 700 too," Hopkinson said. "I.~ ddJ
eta 8Dd the Palm Beach County kids ry the en of the summer. 'Js nota one-time ~..... ed be
youth Tennis Association furnisheCl They take turns bitting on the doing the kids a VCII' if we
anOther eight rackets. The fnstruc- park's two bard courts, then prac- dropped the ball on tbJI after the
tioo was performed by volunteers. tk:e their skiDs on the field next to summer. If the kids waat fokeep
"In the Dekay area, &:,Ie were the court wbiIe the next J:P uses pJa~, they should be aIowed to
sayiDc that kids wool 't partici- the court. He estimat that bo- do 110. '0 ~; .
pate. We're ~ fo show tbIs tween 70-80 kids play each day"
summer that do want to with neigbborbood youngsters con- ., interatfd ill ~ I'IIllIliD. WI fit
Llay" PBCYTA ~resident Tina stantly walldn~ to the court and other ~ itemI to .,...,. etrI
;de Dale said. 'With such a asking if they d play. "HaplWon al24J.1385. ".
," '..'
<.
"
.
.
arver youth program inc.
states 770 S.W, 12th Terrace
Delroy Beach, FL 33444
407-272-6766
July 17, 1993
TO WHOM IT MAY CONCERN:
This letter is in support of the tennis training for young
people which is being provided at no cost at Pompey Park by
Mr. Terrence Hopkinson and a team of volunteers.
The children in our Summer Camp have been taking these lessons
- it is the first chance most of them have had to hold a
tennis racquet - and are enjoying the challenge. Tennis is a
wonderful sport for improving coordination and fitness
generally, an excellent discipline and great fun. We feel
the children from Carver Estates should have the opportunity
to learn and regularly practice the game without having to
worry about cost.
We are concerned that the tennis program will be discontinued
if it does not receive financial support. This would be a
great disappointment and loss to our children, and to the more
than 500 others who are participating.
We all know that an ounce of prevention is worth a pound of
cure, so we ask that you provide funds for the dedicated group
who are so generously giving their time and energy to help
young people develop healthy lifestyles.
Yours truly,
K0!i~
Program Coordinator
DELRAY BEACH " CHILDRE1"S
HOUSING AUTHORITY ' SERVICES
Fax 407-272-7352 COUNCIL
PALM BEACH COU~HY
..
'.
...
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
-
FROM: CITY MANAGERtft/\
SUBJECT: AGENDA ITEM # I:;.A - MEETING OF JULY 27. 1993
ORDINANCE NO. 47-93
DATE: July 23, 1993
This is the first reading of an ordinance rezoning and placing land
presently zoned R-1A (Single Family Residential) in the CF (Community
Facilities) Districtj said land being located on the east side of N.W.
4th Avenue, between Atlantic Avenue and N.W. 1st street.
The rezoning request involves a change in zoning for six (6 ) vacant
residential lots which are currently used as overflow parking for
Mount Olive Missionary Baptist Church. Rezoning to CF is being
sought to allow the construction of a 42 space off-site parking
facility with attendant landscape improvements.
The Planning and zoning Board at their July 19th meeting recommended
approval of the rezoning.
Recommend approval of Ordinance No. 47-93 on first reading. If passed
public hearing August 10, 1993.
f~ tj~O
'.
~
.
_ ------*--- ----.------------------.
. --.. - -_.__..~- ---
ORDINANCE NO. 47-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
. PRESENTLY ZONED R-1A ( SINGLE FAMILY RESIDENTIAL)
DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT;
SAID LAND BEING LOCATED ON THE EAST SIDE OF N.W. 4TH
AVENUE, BETWEEN ATLANTIC AVENUE AND N.W. 1ST STREET, AS
THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; AND
AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA,
1990"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the
City of Delray Beach, Florida, is hereby rezoned and placed in the CF
(Community Facilities) District, as defined in Chapter Four at Section
4.4.21 of the Land Development Regulations of the City of Delray
Beach, Florida, to-wit:
Lots 16, l7, l8, 19, 20 and 2 I , Revised Plat of Block
36, TOWN OF DELRAY, according to the Plat thereof
recorded in Plat Book 5 at Page 38 of the Public
Records of Palm Beach County, Florida.
The subject property is located on the east side of
N.W. 4th Avenue, between Atlantic Avenue and N.W. 1st
Street and contains a 0.467 acre parcel of land, more
or less.
Section 2. That the Planning Director of the City of Delray
Beach, Florida, shall, upon the effective date of this ordinance,
change the Zoning District 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 which
are 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.
'.
.
-
"--'-".-.- - -. ~ --.>..--- __m_._
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 , 1993.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
.
- 2 - Ord. No. 47-93
'.
.
.
-
N.W. 2ND STR.
,...
- . 0
w w w
- > > > Z
4: <( <( ('oJ
~ ~
- Z CITY
- HALL
- I L :r: 0
- l- I- ~
L(') v rt')
N.W. 1ST STR.
-
U
- ~ COMMUNI TY
I
CENTER
-
-
-
-
-
..... .
..... TEN N I S
STADIUM
~ ~ ~ r--
Z .
Z Z
-
ATLANTIC A V E N U E
I IIII I
I i
N I I
- -
MT. OLIVE
BAPTIST CHURCH
'.
- ~-I(
l'(
,-L,ft.,.-l
.' . ' ,
DOC U MEN TAT ION -
C I T Y COM MIS S ION
TO: ~~~VID T. HARDEN, CITY MANAGER
THRu:G~~~~OR
D~TMENT OF ~LANNING AND ZONING
FROM: ' PA~RL~ENIOR PLANNER
SUBJECT: MEETING OF JULY 27, 1993
FIRST READING OF AN ORDINANCE REZONING LOTS 16-21
BLOCK 36 TOWN OF DELRAY LOCATED ON THE EAST SIDE OF
N.W. 4TH AVENUE SOUTH OF N.W. 1 ST STREET FROM R1-A TO
CF.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is 'that of
approval on first reading of a rezoning ordinance affecting
approximately .5 acres on the east side of N.W. 4th Avenue
just south of N.W. 1st Street.
If approved at first reading a concurrent conditional use
modification request to establish an off-site parking lot
for Mt. Olive Baptist Church will accompany the rezoning
request at second reading.
.'
BACKGROUND:
The rezoning request involves a change in zoning for six
residential lots, each of which are 25' x 135' in size
(approximately .5 acres total). The vacant parcels are located
east of the Mt. Olive Baptist Church and are currently being
used by the church for overflow grass parking. The rezoning
request to CF is being sought to allow construction of an
off-site parking facility.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at a
public hearing on July 19, 1993. Two members of the public
spoke in support of the request and none in opposition.
After taking public testimony the Board recommended approval of
the rezoning on a unanimous 6-0 vote.
.---
'.
.
At the same meeting an attendant conditional use modification to
Mt. Olive Baptist Church involving an increase in seating,
establishment of an outreach program and creation of an off-site
parking lot was considered. The first two portions of the
request were considered minor modifications and approved by the
Planning and Zoning Board. The establishment of the off-site
parking lot portion of the request was forwarded to City
Commission with a recommendation of approval.
RECOMMENDED ACTION:
By motion, approval of the ordinance on first reading and
setting a public hearing date of August 10, 1993.
Attachment:
* Planning and Zoning staff report cover
* Parking lot concept plan
y:mt/pd
'.
I1LANNING & ZONING BOARD
CITY OF DELRA Y BEACH --- STAFF REPORT ---
MEETING DATE: July 19, 1993
AGENDA ITEM: IILA.
ITEM: Mt. Olive Baptist Church - Rezoning from R-1A to CF
~ -II ~
t 1 1111 ~ == I ~ IL ~ HAlL
~
- DIDJ N.w. 1ST ~S1R. II!
= I~. ~_ If-J ~TY ~
--~ii ~
__ r---_ ~
~=.: .:=-~ meNS z
~ . . STAOUl ~
t Z.Z I :=~ T I ~111ll 1I11~ I r I!
ATLANTIC AVENUE .
in I II I I ~ 1111111 r I I r I I I : ~ ,,. ~ ~
dENERAL DATA:
Owner.........................Greater Mt. Olive Baptist Church
Agent.........................Charles E. Broadnax
Location......................On the east side of NW 4th Avenue,
between Atlantic Avenue and NW 1st
Street.
Property Size.................O.467 Acres
City Land Use Plan............Redevelopment Area '1
Existing Zoning...............R-IA (Single-Family Residential)
Proposed Zoning...............CF (Community Facilities)
Adjacent Zoning........North: R-1A
East: R-1A
South: R-1A
West: R-1A and CF
Existing Land Use.............Vacant.
Proposed Land Use.............Construction of a 42 space off site
parking lot for the existing
church · II 1. A .
'.
--_._----~~
-
"
J
\
j
.;.. '1iJ' j'-I H!i,,~' ~ ~i~ ~,>:~a (~i';:~ (,
, ,I i i ;;:1 ~ H ~ In h I n ~ ~. ~ I h
. . . ,
_ I
_ -;1/11/ \I 5'TREE-r---- -;--,.- , - - :
t ..-.;;;-----;-:;,---1" - ..,.- ----- ---.-!.:!-'!-:.....-.- .',
j /w". .,,,.,,, .., .....,.C'o'P . ,,1",.'. _''" iI'_ -;;;:--- -,-- -... -
.'1":'" \ I I
J J __/ . -fi--"" i
IH.f9' ",.-'- <' -r;:,~ PROPOSED
-, ~ ~._- ... "::\~I'
", ..... c. .....~_ I"
- l~. ~~?<J~"t:~~G. ",l I':,~ I I PARKING LOT ~
, , '("Kv"pr"", l' ~ ~"I: I". I Q
". I"" ~ ,'- ~ ~ ' " ... '. '
I
I ~ 1 I
i ' I
I . ~
I V\"
/~5. ~' " ~
I
" I I
1 Hi I! II ill I, r: ~I
, i J I I ,..t=H
I I . I
Ii l. '" W:4 I I I I I I I I '~ . i
'1_' 2~ I I ~ I
I " \ p~ III ~ --. ~ I
.t "I I I ~
'1 ' " :'.' I I I 1 I 1_ L_ _ "i
" ~ I
I 'l; . ... J
.~ - ~~ I
I?~~'/' .,' ~- ,,' I I I I I
, , t ~ ~ ~ ~ 1 ::~. I> ~~ i i I I I - f'i
a ( ~ ,~ !
I - .... - I ': 'S ~ '
. .. , :-:', i ~." ,,:--:
rp": . "', /~~thd' nl,'
'-Ul~! .~" ..~ ,
I '" ~ \" >.~
, -;;- \ ~ I' ~! I
. ,__ I ~ I:
, I "
, i
~ . ,
, ..
t ...
'I ~
-.;' . \
\ It.
.. ; '\ t.;
. ~. " ~ ~
II. ... ,.. ~ I ~ ::~;
1."I,.t'I.~"'I" :";'... .. I ~flo.
iIh',<f4/~~ ~. ~i . ~ .. !.. ~ '':
___, ___ ~ i ~~.: NORTH
" '.. , ~... .
. - - . ~-- ' ~ ~ : ~
" ; ; "
: ~ ., ,It ... ..
. J ,I . I ' .. ':'
, ,~ 'I' 0, ".
\.' I I
~-I-'- ,
~ \. ,~ ~:
,. . I
.l~' ! \ , ,
. t :-
, , '
~~ ___J. ~
/~. I
,,,,.., " IOV/' :
/ \ ..,
..no \ -. ,~ ~ .
~ l ~~ I
l.. ..,
~ ~~S I i~
~ \~~~.~ ~~
~ ~:~~ ..~~ ,~~ 'I
'.
-
,.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
I
FROM: CI TY MANAGER t1ft f
SUBJECT: AGENDA ITEM # /:1-13 - MEETING OF JULY 27. 1993
ORDINANCE NO. 48-93
DATE: July 23, 1993
This is the first reading of an ordinance amending the Land
Development Regulations by amending Subsection 4.3.4 (H)(5)(e) to
delete the thirty five percent (35%) size limitation on screen
enclosures in zero lot line developments.
We have received a request from the Guardian Companies, developers of
Clearbrook (Hidden Lake) to amend the LDRs based on requests they have
received from several buyers who wish to construct screened enclosures
which exceed the 35% limitation. Under the regulations the 35%
limitation would prevent a moderately sized home of 2,000 square feet
from having a screened-in pool. A 2,000 square foot home would be
allowed a 560 square foot screened enclosure; the minimum enclosure
required for a pool and deck is 600 square feet.
It appears the rationale for imposing the 35% limitation was to
maintain open space. However, this requirement is already covered
under the Development Standards Matrix which requires a minimum of 25%
non-vehicular open space per lot. The PRO zone district was created
to accommodate flexibility in design standards. The 35% limitation
is unnecessarily restrictive and appears to be contradictory to that
extent.
The Planning and Zoning Board at their July 19th meeting recommended
that the text amendment deleting the 35% provision be approved. A
detailed staff report is attached as backup material for this item.
Recommend approval of Ordinance No. 48-93 on first reading. If passed
public hearing August 10, 1993.
f~ Lf--o
'.
-
'.
-
------
-----"_. --- .,-.--.---.-- -."
ORDINANCE NO. 48-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", SECTION 4.3.4, "BASE DISTRICT
DEVELOPMENT STANDARDS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION
4.3.4(H) (5) (e) TO DELETE THE THIRTY-FIVE PERCENT (35%)
SIZE LIMITATION ON SCREEN ENCLOSURES IN ZERO LOT LINE
DEVELOPMENTS; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section l.l.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of July 19,
1993, and has forwarded the change with a recommendation of approval;
and,
WHE REAS , pursuant to Florida Statute 163.3174(l) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with, and furthers the
objectives and policies of, the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 4, "Zoning Regulations", Article
4.3, "District Regulations, General Provisions", Section 4.3.4, "Base
District Qevelopment Standards", Subsection 4.3.4(H) (5) (e), of the
Land Deve~opment Regulations of the Code of Ordinances of the City of
Delray Beach, Florida, is hereby amended to read as follows:
(e) In zero lot line developments only, screened
enclosures may extend into the interior side
setback areas, and but shall not be placed less
than five (5 ) feet~rom the property linet//~t
~tieed/~!~/~f//t~e/~~t/lltln~//at~a/~til~slt~//~t
~ata~~iJ/~aZi0nl~st//d~i~st/p0ti~~st//and//t0~~n
at~ai/s~i~/ai/i0ttld0ti.
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court. of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
,.
.
,
Section 4. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
, reading on this the day of , 1993.
MAY 0 R
ATTEST:
!
I
I
City Clerk
I First Reading
I
Second Reading
I
i
,
,
i
I
I
I
!
,
I
I
-
!
I - 2 - Ord. No. 48-93
'.
. ..) J(
~'rv')
l v
!~ECEiVE-'
'J L
rul 2 2 I99J
CITY MA
NA(;ER'S
C I T Y COM MIS S ION OFFICE
DOC U MEN TAT ION
TO: G~EN' CITY MANAGER
THRU: OJ. KO~~TOR
DEPARTMENT OF P~ AND,~ZONING
FROM: DIANE DOMINGUEZ ~ ~!\J ~~
PRINCIPAL PLANNER t I V v
SUBJECT: MEETING OF JULY 27, 1993
LDR AMENDMENT DELETING THE 35% SIZE LIMITATION ON
SCREEN ENCLOSURES IN ZERO LOT LINE DEVELOPMENTS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of an amendment to the Land Development
Regulations which deletes a provision limiting the size of
screen enclosures in zero lot line developments to 35% of
the net living area.
The affected LDR Section is 4.3.4(H)(5)(e), Base District
Development Standards, Setbacks for screen porches, screen
enclosures, and accessory structures.
BACKGROUND:
The LDRs currently permit screen porches and screen enclosures
in zero lot line developments to encroach into interior side
yard setbacks to within five (5) feet of the property line.
However, the size of the enclosure is limited to being no larger
than 35% of the net living area of the house.
The developers of the Clearbrook zero lot line subdivision have
asked that ..t.h e 35% limitation be removed. As they have
explained in their request letter, and as depicted in their
illustrations (copies attached as back-up to staff report), this
limitation prec tudes the construction of a screen enclosure
around even a basic pool package, when the pool is associated
with one of their smaller homes.
'.
.
City Commission Documentation
LDR Amendment Re: Screen enclosure size limitation
Page 2
As described in the staff report, the 35% restriction was
originally intended as a means of preserving open space.
However, tying the size of the enclosure to the net living area
of the house is not an effective means of preserving open space.
Open space is more appropriately regulated by the existing
setbacks and by established minimum open space requirements (25%
of the lot size).
For additional explanation and justification of the text
amendment, see the attached staff report and back-up.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of July 19, 1993. The Board voted 5-0 (Currie absent,
Krall abstaining) to recommend that the text amendment deleting
the 35% provision be approved.
RECOMMENDED ACTION:
By motion, approve the following amendment deleting the 35% size
limitation on screen enclosures in zero lot line developments:
Section 4.3.4(H)(5)
(e) In zero lot line developments only, screened
enclosures may extend into the interior side setback
areas, a~~ but shall not be placed less than five (5)
feet from the property linel 0t ettee~ 311 0t tKe ~et
llil~~ atea ettl~~lie 0t ~ata~e~1 ~alt0~le~1 ~etX~1
p0ttKe~1 a~~ t0~0~ atea~ ~~tK a~ t0ttl~0t~.
Attachment:
* P&Z Staff Report & Documentation of July 19, 1993
DD\T:35%.doc
,.
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
FOR
L.D.R. AMENDMENTS
MEETING DATE: JULY 13, 1993
AGENDA ITEM: III.B.
SUBJECT: LDR MODIFICATION REGARDING SIZE LIMITATIONS ON
SCREENED ENCLOSURES IN ZERO LOT LINE DEVELOPMENTS
LDR REFERENCE: LDR Section 4.3.4{H){5){e), Base District
Development Standards, Setbacks for screen
porches, screen enclosures, and accessory
structures
.
I T E M B E FOR E T H B BOA R 01
The item before the Board is that of making . a
recommendation to the City Commission on a proposed
modification to the City's Land Development Regulations
(LDRS). The affected Section is 4.3.4{H)(5)(e) see
Attachment '1.
Pursuant to LOR Section 1.1.6, no amendment may be made
until a recommendation is obtained from the Planning and
Zoning Board.
Pursuant to F.S. 163.3194(2), the Planning and Zoning Board
is to review the proposed amendment with respect to its
relationship to the adopted Comprehensive Plan of the City.
BACKGROUND
The PRD zone district was established in 1977, at which time
setbacks for screen enclosures were the same as for the building
setbacks. At its workshop meeting of October 28, 1980 (see
Attachment '2-minutes), at the request of the Rainberry Bay
developer (a zero lot line development) and its residents, the
Planning and Zoning Board considered an amendment to the PRD
zone .district to allow screened enclosures in the setback areas.
The Board's main concern regarding the proposed amendment was to
insure that an adequate amount of open space would be provided
on the individual lots.
After discussion, it was suggested that open space could be
maintained by limiting the size of a screen enclosure in
relation to the size of the house to which it would be attached.
This suggestion was accommodated in the proposed amendment by
stipulating that screened enclosures could not exceed 35' of the
net living area.
~'~G
'.
P&Z Memorandum Staff Report
Screen Enclosure Text Amendment
Page 2
-
At its meeting of January 13, 1981 upon the second reading of
Ordinance No. 83-80, the City Commission approved an amendment
to the PRO zone district to include a special section regarding
screened enclosures which allowed a side yard encroachment and
limited the size of the enclosure based on net living area.
This same text is currently found in LDR Section 4.3.4(H)(5)(e).
PRO P 0 S B D A MEN D M B N T
On June 10, 1993, the Planning and Zoning Department received a
request from the Guardian Companies, developers of Clearbrook
(FKA Hidden Lake) , to amend LDR Section 4.3.4(H)(5)(e) (See
Attachment 13 - Applicant's letter of request and exhibi ts) .
This section states that in zero lot line developments only,
screened enclosures may extend into the interior side setback
areas, and shall not be placed less than five (5') feet from the
property line, or exceed 35' of the net living area exclusive of
garages, balconies, decks, porches, and common areas such as
corridors.
The developer of Clearbrook, a single fa~ily zero lot line
development, has received several requests from buyers to
construct screened enclosures which exceed the 35' limitation.
In order to accommodate these buyers, the developer is
requesting that the current threshold of 35' of the net living
area be increased or eliminated.
ANALYSIS
The applicant has submitted a justification statement and
graphics (attached) to support his argument that there is no
real basis for the limitation of screened area based on the
living area, nor does it create more open space. The
applicant's reasoning is as follows:
"We find no basis for a limitation of screened area based
on the living area of a home. The 35' limitation prevents
even a moderately sized home of 2,000 SF from enjoying
a screen enclosure around a pool and deck of minimal
proportions. A 2,000 SF home would be allowed a screen
enclosure of 560 SF (based on 2,000 SF minus 400 SF garage
yields 1,600 SF of living area; 1,600 SF x .35 - 560 SF
allowable screen enclosure) . A minimal pool and deck
occupies at least 600 SF (see applicant's exhibits)......It
is also noted that the restriction imposed by the 35' rule
is present regardless of lot size..........Only larger
homes could enjoy a screen enclosure around a small pool
which presents a hardship for the purchaser of small and
moderately sized homes. In addition, our research into
other local municipalities codes shows that the majority
1 imi t screen enclosure sizes via setbacks and not
percentages relating to the associated home or lot."
,-
P&Z Memorandum Staff Report
Screen Enclosure Text Amendment
Page 3
It appears that the applicant's justification statement includes
several valid reasons for increasing the 35' threshold or
eliminating it all together. The valid reasons include that the
limitation creates a hardship for smaller homes to provide a
screen enclosure around a standard pool package, the requirement
does not take lnto consideration the, lot size, and that
regulations by setbacks alone is an accepted means of ensuring
adequate open space.
Staff noted in its research that some municipalities (City of
Plantation and City of Boca Raton), establish setbacks for
screened enclosures in PUD zoning districts with the approval of
the site plan. It was indicated that these setbacks are
generally less restrictive than setback requirements for other
residential districts (see Attachment '4).
· Most zero lot line developments provide for a standard size lot
(i.e. 50' x 100') that can accommodate homes of varying sizes
from 1,000 SF to approximately 2,200 SF. Thus, the open space
for the same size lot varies accordingly with the size of the
house regardless if it has a screen enclosure or not.
In most cases zero lot line developments are located within a
PRO zone district. This district was created to accommodate
flexibility in design standards i.e. smaller lot sizes and less
restrictive setbacks as required in the a-I zoning districts.
In return for smaller individual lots and closer living
quarters, at least 15\-20\ (depending on denSity) of the gross
area of the PRO site must be placed in common open space. This
common open space is generally utilized for recreational
purposes l.e. pools, clubhouses, tot lots, and passive parks.
Given the above, it appears that the PRO zone district was
written specifically to accommodate for less open space on the
individual lots. In addition, individual lots are required to
provide at least 25' non-vehicular open space.
. A 8 8 B 88M B R TAN D COR C L U 8 lOR 8a
In zero lot line developments only, the LOR's limit the size of
screened enclosures by their relation to the living area of a
dwelling, as well as by setbacks. As has been discussed in this
report, in many cases, that threshold does not allow enough
leeway to accommodate a screen enclosure around a standard pool
package. If the intent of the code is to maintain open space,
this requirement is already covered under the Development
Standards Matrix by requiring a minimum of 25' non-vehicular
open space per lot. It is also noted that the PRO zone district
was created to accommodate flexibility in design standards. The
35' limitation is unnecessarily restrictive and appears to be
contradictory to that intent.
'.
P&Z Memorandum Staff Report
Screen Enclosure Text Amendment
Page 4
The 35\ threshold could be increased to 50\ or more to allow for
greater flexibility, however, there does not appear to be a
sufficient basis for maintaining a limit that is based on net
living area. Elimination of the 35\ threshold will not further
the diminishment of open space, as there are other regulations
in place which govern open space i.e. setbacks and minimum open
space requirements. The size of the screened enclosures is more
appropriately limited by the setbacks as allowed in the district
and as modified in Section 4.3.4 (H)(5)(e).
ALTBRNATIVB ACTIONS
1. Continue with direction.
2. Recommend denial in that the modification is not consistent
with the Comprehensive Plan, specifically with regard to
open space.
3. Recommend approval to modify Section 4.3.4(H)(5)(e) for
screened enclosures to increase the 35\ threshold to 50' of
net living area based upon a finding that the modification
is not inconsistent with the Comprehensive Plan.
4. Recommend approval to modify Section 4.3.4(H)(5)(e)
eliminating the restriction that screen enclosures may not
exceed 35' of the net living area based upon a finding that
the modification is not inconsistent with the Comprehensive
Plan.
RECOMMENDED ACTION
ay Motion:
Recommend approval to eliminate the restriction that screen
enclosures may not exceed 35' of the net living area based
upon a finding that the modification is not inconsistent
with the Comprehensive Plan.
Report prepared by. ~I~ Dat~~
Report reviewed by: DateV~
Attachments:
* LOR Section 4.3.4(H)(5)(e)
* Request from Applicant, including Exhibits A,a and C
* P&Z Minutes of October 28, 1980
jcm/t:screntxt
"
A'lTlffiflIT II Section 4. 3.4 (H) (5)
(e) In zero lot line developments only, screened
enclosures may extend into the interior side
setback areas, and shall not be placed less
. than five (5) feet from the property line, or
,
exceed 35% of the net living area exclusive
of garages, balconies, decks, porches, and
common areas such as corridors.
(f) Any conflicts between this subsection (5),
and the regulations as set forth in
individual residential zoning districts shall
be governed by the provisions of. this
subsection.
(6) s~cial SetbaCKS: Three types of special s tbacKs
are established in rder to provide for preservation of
expansion of roadwa and/or streetscape beautificatio. These
are: special buildin setbacks, special landscape se acks, and
a combination thereof.
(a) Buildin SetbaCKS: Within the
followin special building setbacks, no
structure~ shall be alteryd, erected, or
reconstruct~d: /
\ /
* Along Oce,an Boulevard (State Road AlA),
a twenty',foot (2~ setbaCK shall be
provided f~pm the "Brockway Line," as
shown in Pla.t Book 20, Page 4, Public
Records of Palmi Beach County, Florida.
The "Brockway'X' Line" shall. be the
. "building l-irri:t,\ for Lots I thru 7
inclusive, BLbck', Ocean Park, as shown
· in Plat Boo 5, pa~e 15, Public Records
of Palm Be h Count't Florida.
\
* Along t Atlantic Avenue extend!n
from inton Avenu. to the 195
. Interc n e, a sixty eIght foot (68')
setba shall be provide~ on both sides
of t centerline. \
\
\
* Wi in the residential dis~rict along
t e west side of S.W. 8th Avenue,
etween West Atlantic Avenue and S.W.
1st Street, a fifty foot (50' setback
shall be provided from the east roperty
, line.
Amd. Ord. 12-91
3/13/91
4336
'.
ATf}(}iMOO '2
MINUTES OF THE PLANNING AND ZONING BOARD ~RKSHOP MEETING
COUNCIL CHAMBERS
OCTOBER 28, 1980 '_'k_
MEMBERS PRESENT: Chairman Carey, Blair, Campbell, Plume, Pompey,
Wallin
STAFF PRESENT: Dan I<otulla, Bob Ermovick, Alison MacGregor,
Gerald Church, John Walker, Herb Thiele
The meeting was called to order at 8:05 a.m.
Chairman Carey suggested that item 12 be moved forward on the agenda
due to the large number of people from Rainberry Bay (a PRO development)
who had turned out for the discussion.
(12) The Board discussed Zoning Ordinance amendments relative to
allowing screened enclosures in setback areas in the PRO Planned
Residential Districts. Chairman Carey said that he had a problem
with the definition of a screened enclosure as proposed by the staff,
as he felt it was not specific enough to ~xclude the use of certain
types of material, such as clear glass. The Chairman gave an explana-
tion of the intent of the PRO Ordinance, noting that it addresses
itself to a variety of housing, including zero lot line housing on
relatively small lots, and that it places certain restraints on such
( housing because it is dealing with lots which, under the old Code,
would have been considered substandard, and in many cases with oversiz~
houses on small lots. As a result, the Board placed very definite
restrictions on what can be done with the balance of open space on
such lots. He further stated that while the Board is amenable to an
amendment to the Ordinance which would allow screen enclosures to
permit some open air living space for homeowners within the privacy
yards of their zero lot line houses, the Board does not want and will
prohibit any fully enclosed structures or anything that would be
detrimental to the aesthetics of an area. (Mr. Blair arrived at the
meeting at this time.) Chairman Carey pointed out that by allowing
the screen enclosures, the Board is allowing a further encroachment
into the setback areas, as well as allowing something that is currently
prohibited within the Ordinance. I t was the consensus of the Board
that the wording proposed by the staff relative to the definition of
a screened enclosure would have to be refined to be more specific as
to exactly what would be allowed. Mr. Wallin said that he would like
it to be stipulated that the proposed amendments would apply strictly
to zero lot line housing in PRD districts. Upon question from the
audience, a discussion followed on the measurements of the screened
enclosures relative to how far they could encroach into ~e setback
areas. Speaking from the audience was Mr. Dick Siemens 0 said that
. because of the varying dimensions of zero lot lines, it would be
t.
,.
October 28, 1980
Page 2
difficult to establish a definite width for the screen enclosures
to extend from the principal building, and that the main concern
should be to not allow the encroachment of the screen enclosure to
get so close to thezero'lot line wall as to make it look like a
continuous structure. Mr. Ermovick pointed out that by only requiring
a certain amount of space between the screen enclosure and the zero
lot line, this could result in extremely large enclosures being
constructed, and said that there should be some sort of restriction
imposed to insure that a certain amount of open space would be provided.
The Board felt that this was a technical point and instructed the staff
to find out what the worst possibilities might be, and then develop a
formula for determining a minimum open space requirement. Mr. Siemens
suggested that a limitation be placed on the size of a screen enclosure
in relation to the size of the house to which it would be attached.
Chairman Carey said that the item should be referred to staff in order
for them to (1 ) refine the definition, (2) put constraints into the
Ordinance, and (3) develop a formula for size as well as for measure-
ment. Several members of the audience asked that the proposed amend-
ments be acted on as quickly as possible. Mrs. Plume suggested .that
the item be dealt with at the regular meeting on November 17, 1980,
at which time the refined ordinance would be reviewed and acted upon.
Mr. Wallin moved that the item be referred to the staff for refinement
-. of the proposed amendments to the Ordinance. The motion was seconded
"- and passed unanimously.
(1) Conditional Use, site And Develo Plan A roval -
din . Ken Jacobson and John Paulsen ere present to request
LI Light Industrial District to Special Activities
District, and he further conditional use an site and development plan
approval to all a governmental office bu' ding 40 feet in height.
The subject prope is in Section 18-46 3, and is located on the
west side of Congres Avenue, between lantic Avenue and the L-32
Canal. The Board revi d the site an. Chairman Carey asked if
there was a list of the plann for the property. Mr. Kotulla
said that there was no lis nd at the use would be defined as
"governmental offices." Mrs. e felt that this would be very
restrictive insofar as the pe era were concerned. Mr. Kotu1la
said that if a problem aros in th uture, the peti~ioners could
always come back and ask r a change 'n the use. Mr. Kotulla had two
comments on the project 1) to require continuous hedge along the
west parking stalls, (2) he asked the titioners to review the
landscape ordinance see if additional lan cape islands in the parking
area will be neces John Walker discussed . s comments for the
project. Mr. }(o la stated that the staff reco nds that the applica-
tion be advert' ed for public hearing and that the ans proceed through
f the various partments for review. Mrs. plume so roo d. The motion
......
was secon Upon further discussion, Mr. Blair and irman Carey
'.
A'I'TNJ.MOO' 13
. -
COtleur VIa FAX 243-3774 & U.S. Mall
Hearing June 25, 1993
Londtcope Architec:tu...
PIaMing
flMt'ClIVIlenICII Coniullin;
Gtophic Oaign
~~::Th
City of Delray Beach t~~ l \k~\0
l~ ~i
100 NW 1st Avenue
Delray Beach, Florida 33444 ~~\, \ ~ \~G
b.1O
Attention: Diane Dominguez ~\~G ...
Reference: Request for Zoning Text Amendment ~""~
Dear Diane:
On behalf of The Guardian Companies, developer of the Clearbrook project (formerly known as
Hidden Lake) located on the west side of Homewood Road in Delray Beach, we are fOlWardlng
a request for a Zoning Text Amendment to the Official Zoning Atlas for the City of DeJray Beach.
We request a modification to Section 4.3.4(H)(5)(e) of the Zoning Code which states 'n zero lot
line developments only, screened enclosures may extend into the interior side setback areas, and
shall not be placed less than 5 feet from the property line or exceed 35 percent of the net IMng
area exclusive of garage, balconies, decks, porches and common areas such as corridors!
Specifically, we request a modification to the provision of this paragraph which limits the
maximum allowable screened enclosure to 35 percent of the net living area of the home.
We find no basis for a limitation of screened area based on the IMng area of a home. The 35
percent limitation prevents even a moderately sized home of 2~OOO SF from enjoying a screen
enclosure around a pool and deck of minimal proportions. A 2,000 SF home would be aDowed
a screen enclosure of 560 SF (based on 2,000 SF, minus 400 SF for a 2-car garage, yields 1,600
SF of living area; 1,600 SF x .35 = 560 SF allowable screen enclosure) and a minimal pool and
deck occupies at least 600 SF. We have prepared a graphic (attached) which shows a minimal
pool of 12' x 24' (standard is 15'x 301 with a 5' separation from the dwelling as required by most
building codes and a 3' deck around the remaining three sides; total pool and deck area is 600
SF.
The accompanying graphic illustrates the various home sizes on this project's standard Jot of SO'
x 100'. It should be noted that the restriction on screened-in pools Imposed by the 35 percent
rule is present regardless of lot size.
Only larger homes could enjoy a screen enclosure around a small pool which presents a
hardship for the purchasers of small and moderately sized homes. In addition, our research into
other local municipalities codes shows that the majority limit screen enclosure sizes via setbacks
and not percentages relating to the associated home or lot. Attached are copies of the
respective sections from severfll of these codes.
Suitt M)2
1070 E. IndianIown RoGd
~. Florida 3307
IIJ7 747 6336 FAX 575 U86
Diane Dominquez
City of Delray Beach
June 25, 1993
Page Two
We respectfully request the City's consideration of either elimination or modification of this code
provision. Should it be the desire of the City to maintain a maximum screened area threshold
based on living area, we would recommend consideration be given to modifying the current 35
percent threshold to a higher percentage of the net living area of the home exclusive of garages,
balconies, decks and porches.
We respectfully request the City of De/ray Beach's consideration of the above matter. Should
there be any questions or any additional support information needed by the Planning staff, please
feel free to contact me.
Sincerely,
.
DEH:cws
DEH#44:cbrook3.deh
00: Lloyd Hasner, The Guardian Companies
Richard Hasner, The Guardian Companies
.
'.
-
~
o~
~~
~~
u~
~
~Q
~~
00
.... o~
~ Ctj ~u
r" I-
~ ~~ :s~
..........
~ C'lo ~z
~
>< .... ~o 2@~
~ CL. z~
r"
C'1 ~~
~o
.... if1
Ctj ~
~~
uw
~
~o
0
~ c..~
~
Q
W W
. ~ u
g 0 Z tIJ
_ ..J < c::
..J Q :J
<c::o 00
. OW 0
I 1;; 5 g@ 5
W Z z <u z
00 rs. I W tIJ Cl t.Ll (j)
~ ...J :::><Il 0 z 1!: 1!: Z r.; .....
o gg I < ~QEo- Woo (j)
I" 0 '" <l ~ 1;; .. ",!!l r:l 0 ><
I _ l>. -- u"" ulil ,
"" v ~ "'.. '" '" ......
~ L I ~ I ~~ ~ ~ ~ i: :;j !!l <:
< Z ~ 8Qlg~l&Q tIJ- ~z Z
:::c: t1Jr- I L - - "'~ - ",.. .... -.. ~ ....
u ",I--J - ",,,.... zoZ~
< .. .~. ~=
.. u'" '" 0 '" ~ '" --
'" .J "'[3u 1!:u ~ W ~
.. g 4",:l 0 < ~ 0
iil ...J S 1;; g ~ E-<::J ..l
g :::! g~'" '" [;J a CI} g
_ !i .."'''' ~ a :
z 0 ~.
Sl 2 ~ '" a()::;
.J - ~ [3 P::Z
< .. _ _ '" ~ r.'
U '" .:::!- 0 N j.%o4
~ ",Z 5"~ .J
,.. "'.. z"''' u Z
.. _ "'", I ."," Z
"" ...J 0 '" '" '" . '" w
""'0 =$ 0 z"'~~z. w
1"0'" _ ~.. r:l..<8r:l~ ~
_ l>. <'" "00 ..0
L ~ oz ~z:soulil ()
I L'::= _ _ _ _ _ -.J I ...... .. ou1!: IIlIll CI}
Z L.= += (1.)(1) 00 CI)..J 0 Eo- ..J-
'" _ ooo"'<i1l<z
tIJ t' L - - I g~I$~I<o ~z>< ~~
..", --J - ---.J " ,_..'" -'" zO
u..'" ~. -=
'" '" ~ o':::! III
4 II '" 1!: 0
..J..J~ 0<
OUUJ ..J~
OZ -Eo-
~tIJ~ ~~
'.
-
Q
~ ~
(:) ~ u ~
11- N ..J Z c:a::
.... ..J;3 :>
<( c:a::~ 00
E-o .00 0
..J U 0 ..J
I I ~ u u
~Z Z ~U Z
(:) I oo~ I ril ril 0 ril r:/)
~~ :>00 o Z ~z Z~ -
~ ~8 <( ~ Q e:: ~ 00 r:/)
o. ~~ c:a:: ~~ c:a::g ~
~o 10 ....
I _ 0.. N OZ ~ ~~ ~fD ~
~ LLL- N ~~ ~ ~ i::c ..J ~ <:
--
00 (/) (/) c:a:: E-o <( Z
~ Zt - ~81~ ~I:l re i :! ~ til Z
~ ~ --l L - - N"fN('I)E'- ZO Z <:
-
u . >< . ~~
E-- ~ ~~:( i 0:( .......~oo
- ..J {f)~U d ~U ~Cl:~
~ g <iiJ~~ ..~ Q<
-
>< ..J/:Q ~::;
ril 0. ...1...1., Ie -E-o
::E OUt1.l :>taJ Or:/);:'::
:J ~t3in ! ~oo ~O><
~ I (:) O~o
z
- C"f Q ()~
::E 11- .... CIJ ~ ~Z
~ c:a::
..J :J ~~
< -:I: (/)
U ~ ,j ::E E-o 0 N
- I rilZ oc:a::- ..J
~ I z
>- "'... zre~ !E
E-o :J I W ~
(:) I 000 ~ ClJril.CIJ
~ :I: 0 0 Z ~u~ Z . ~
o < CIJ z ~
io U) CIJ f-o <( 0 CIJ en ~
I ... ~&i c:a::OQO~g ()
LL- oz ~Z~oU<o
z(/) r:/)
_ _ _ _ _ J I g,g; g, g, 98E: ..J!!3
~ -.J 001 0 :><l!l <z
ffi OL- - _ 81 $~I:g ~z= :!~
_ _ N...CQ - zO
~ril::s: ><. ~::c
o~o . f/J
OO:J O::s:
<iiJOO<( 2:CJ
o~ 0<(
..J..JE-
OU~ ..J/:Q
-E-o
ozOO :JCIJ
~rilin ~f/J
'.
AllAGl'll:.\'r iI4
Setbacks for Screened Enclosures in Other Municipalities:
Palm Beach County: The code provides for a 0' setback on the
zero lot line side, a 2' side setback on the opposite lot line,
and a 2' setback to the rear.
Boynton Beach: All screen enclosures shall comply with building
side yard setbacks, with a minimum S' rear yard setback.
City of Greenacre8: Screened enclosures shall not project into
any side or rear yard to a point closer than 5' from any lot
line, one foot to any easement.
City of Boca Raton: Screened enclosures must maintain a 7' side
and rear yard setback. Screen enclosure setbacks for a PUD
development are set at the time of site plan approval.
City of Plantation: Screened enclosure setbacks for a PUD
development are set at the time of site plan approval.
Zero Lot Line Locations:
Most Zero Lot line developments in the city are found in a PRO
zone district. However, zero lot line developments are allowed
in the RM zone district as a conditional use.
PRO Zero Line Developments:
* Rainberry Lake
* Rainberry Bay
* Sabal Lakes
* Windy Creek
* Clearbrook
* Sherwood Forest
* Pelican Harbor
* Crosswinds
RM Zero Lot Line Developments:
* Griffin Gate
-
'.
-,