05-10-88 Regular
CITY OF DELRAY BEACH
REGULAR MEETING - CITY COMMISSION
ICORRECTIO~
MAY 10, 1988
7:00 p.m.
AGENDA
Commission Chambers
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.
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Proclamation:
Score Small Business Week - May 8-14, 1988.
5. Agenda approval.
Action: Motion to approve.
PUBLIC HEARINGS
6. ORDINANCE NO. 19-88: A Land Use Plan Amendment changing the
zoning on 2.7 acres north of Holiday Inn Camino Real.
7. ORDINANCE NO. 29-88: (First
IandiMarino Land Use Plan Amendment,
Highway and Dixie Boulevard.
Reading). An Ordinance for the
located on Lindell between Federal
REGULAR AGENDA
8. ORDINANCE NO. 21-88: An Ordinance rezoning land presently zoned
RM-15 to LC and CF in order to accommodate expansion of the Holiday Inn
property and provide for additional beach side parking.
9.
No.
ORDINANCE NO. 22-88:
22-88.
This
is
a companion ordinance to Ordinance
10. COMMISSION ACTION RE: City sponsorship of the 1988 Continental
Players Cup for Junior Women's Tennis Players.
11. CONDITIONAL USE CU 6-161: Requesting a conditional use permit and
site plan approval for St. Mary's The Virgin Church.
12. COMMISSION ACTION RE: Sunbelt-Denntronics Cable request for
waiver and approval of relocation of office service center.
13. COMMISSION ACTION RE: Addition of two alternate members to the
Historic Preservation Board.
14. COMMISSION ACTION RE: Appointment of member to the Planning &
Zoning Board.
15. COMMISSION ACTION RE: Implementation of Reorganization Plan-
Development Services Group.
CONSENT AGENDA
16. COMMISSION ACTION RE: Change Order No. 1
Cypress Drive Drainage project.
Jasmine Drive and
17. COMMISSION ACTION
Whisenand to prepare
public schools.
RE: Retention of law firm of Hornsby and
an opinion on the desegregation of the City's
18. COMMISSION ACTION RE: Appointment of one member to the Civil
Service Board.
19. COMMISSION ACTION RE: Appointment of one member to the Police and
Fire Pension Board of Trustees.
20. COMMISSION ACTION RE: 1988 All-American Soap Box Derby.
21. RESOLUTION NO. 26-88. A Resolution assessing costs for abatement
action required to remove an unsafe building on property at 613 N. W.
2nd Street.
22. RESOLUTION NO. 27-88. A Resolution assessing costs for abatement
action required to remove an unsafe building on property at 206 S. W.
2nd Avenue.
23. RESOLUTION
action required
W. 12th Avenue.
NO. 28-88. A
to remove an
Resolution assessing costs for abatement
unsafe building on property at 126-128 S.
24. RESOLUTION NO. 29-88. A Resolution assessing costs for abating
nuisances on 38 parcels of property at various locations throughout the
City.
25. COMMISSION ACTION RE: Ratification of SCRWTD Board approval of
$11,245.50 to Q & Q, Inc. for installation of the airscrubber system at
the Regional Wastewater Treatment Plant.
26. COMMISSION ACTION RE: Ratification of SCRWTD Board approval of an
invoice from Hazen and Sawyer for professional engineering services in
conjunction with the odor control facility at the Regional Wastewater
Treatment Plant.
27. COMMISSION ACTION RE: Awards of Bids and Contracts.
A. Paul and Anita Bell
Addition - $60,000.
Purchase of Lot 6 Nichols Second
B. State Contract - 1988 Dodge Diplomat - $10,787.00.
C. Vinings Chemical Company - Sodium Aluminate - $121,410.00.
D. Trans-Fla Supply Company - $6,196.00.
Southeastern Municipal Supply Company - $12,170.00.
Sunstate Meter & Supply - $11,050.00.
PROCEDURAL ITEMS
28. Comments and Inquiries on Non-Agenda Items by Citizens.
29. Approval of minutes of Special Meeting of April 29, 1988.
30. Comments and Inquiries on Non-Agenda Items:
A. Commission.
B. City Attorney.
C. City Manager.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA REPORT - MEETING OF MAY 10, 1988
DATE: May 6, 1988
PUBLIC HEARINGS
Item No. 6 (Ordinance No. 19-88). This is the Second Public Hearing
of an Ordinance amending the City's Land Use Plan by changing the
designation on a portion of property owned by Ocean Properties from
MF-15 to C and on City owned property from P to C.
The requested Land Use Plan is a necessary step to accommodate the
expansion of the Holiday Inn Hotel. The proposed amendment does not
include the northerly 58 feet of the Ocean Property holdings which
will remain MF-15 on the Land Use Plan. As MF-15, the parcel can be
zoned to CF (Community Facilities) in order to accommodate beach side
parking. Because the total acreage is less than 3 and falls below the
threshold requiring State review, this item can be accommodated as a
local plan amendment. The Planning & Zoning Board at its April 11th
meeting, recommended approval of the proposed amendment.
City staff and representatives from Ocean Properties are continuing
negotiation of an acceptable site to accommodate a fire facility,
beachside parking, and hotel expansion. At this point the location
and number of beachside parking spaces has not been agreed to.
Recommend approval of Ordinance No. 19-88 amending the Land Use Plan
of the City of De1ray Beach by changing the designation on 2.14 acres
of property owned by Ocean Properties from MF-15 to C and on a .48
acre parcel of City owned property from P to C.
Item No. 7 (Ordinance No. 29-88). This is the first Public Hearing
of an Ordinance amending the City's Land Use Plan by changing the
designation on a 1.105 acre parcel located on Lindell between Federal
Highway and Dixie Boulevard. Dominic IandiMarino has requested a
change in the Land Use Plan to designate his property C (Commercial)
rather than the present MF-10 (Multi Fami1y-10 units/acre).
This Plan Amendment is a prerequisite to the owner's zoning request
which is still before the Planning and Zoning Board.
The property currently is the site of 4 single family homes. Earlier
in 1983, a change to allow a Cumberland Farms convenience store and
gasoline facility was sought. The City Commission approved the Site
Plan and Conditional Use but the approval expired following its 18
month life. No approved site plan or conditional use now exists for
this site.
The property is surrounded by commercial land use designations
~""'''''n...:;l';........... ............. T.....1-......""'.... .,....;....""" ........ ....'h""" ..,....."....h
AGENDA REPORT
Meeting of May 10, 1988
Recommend approval of Ordinance No. 29-88 amending the Land Use Plan
of the City of De1ray Beach by changing the designation on 1.105 acres
owned by IandiMarino from MF-10 to C.
REGULAR AGENDA
Item No. 8 (Ordinance No. 21-88). This is the Second Reading of an
Ordinance rezoning land presently zoned RM-15 to LC and CF in order to
accommodate expansion of the Holiday Inn property and provide for
additional beach side parking. During discussion of this change to
LC, concern was expressed that the rezoning should be contingent on
use of the property for hotel expansion purposes. Staff believes this
can be accommodated through appropriate deed restriction language.
Alternatively, the developer may be amenable to SAD zoning which can
accomplish the same result but with a longer lead time. In order for
SAD zoning to be designated, however, a detailed site plan must be
prepared prior to application for the SAD.
Because negotiation with Ocean Properties is continuing and there is
some question as to whether or not the legal description advertised
will continue to reflect the zoning action, this item should be
continued. A report of progress on the site development and plans
for improvements will be forwarded prior to Tuesday evenings meeting.
Recommend continuation of Ordinance 21-88 rezoning land owned
Properties from RM-15 to LC and CF until a date certain
verification of the legal description advertised.
by Ocean
pending
Item No. 9 (Ordinance No. 22-88) This is a Companion Ordinance to
Ordinance No. 21-88. This is the Second Reading of an Ordinance
rezoning land presently zoned RM-15 to LC and CF in order to
accommodate expansion of the Holiday Inn property and provide for
additional beach side parking. During discussion of this change to LC,
concern was expressed that the rezoning should be contingent on use of
the property for hotel expansion purposes. Staff believes this can be
accommodated through appropriate deed restriction language.
Alternatively, the developer may be amenable to SAD zoning which can
accomplish the same result but with a longer lead time. In addition
in order for SAD zoning to be designated, a detailed site plan must be
prepared prior to application for the SAD.
Because negotiation with Ocean Properties is continuing and there is
some question as to whether or not the legal description advertised
will continue to reflect the zoning action, this item should be
continued. A report of progress on the site development and plans
for improvements will be forwarded prior to Tuesday evenings meeting.
Recommend continuation of Ordinance 22-88 rezoning land owned
Properties from RM-15 to LC and CF until a date certain
verification of the legal description advertised.
by Ocean
pending
Item No. 10 City Sponsorship of the 1988 Continental Players Cup for
junior women's tennis players December 11 through 17, 1988.
International Tennis Promotions Inc. represented by Glenn Feldman,
President, has requested City sponsorship in the amount of $15,000
toward a Junior Women's Tennis Tournament to be held at the G1eneag1es
rnnnt-v rl nh ;:Inn +-.hpn ~l1hRPanpntlv. in future vears _ at the new Delrav
AGENDA REPORT
Meeting of May 10, 1988
Attorney should be directed to
necessary for our participation
budget for this purpose.
draft the appropriate documents
and allocate funding in the 1988/89
Recommend City sponsorship in the amount
Continental Players Cup for Junior Women's
December 11th through 17th at G1eneag1es Country
of $15,000 for
Tennis Players
Club.
the
from
Item No. 11. Conditional Use (CU 6-161) and Site Plan approval for
St. Mary's The Virgin Church. This item involves property located at
the southeast corner of Atlantic Avenue and Homewood Boulevard. In
January 1986 the City of De1ray Beach sold city owned property which
would allow for construction of a church at this site. Subsequently a
conditional use and site plan was processed through the Planning and
Zoning Board and approved on September 22, 1986.
The request was put on hold by the City to resolve property ownership
questions which involve title to certain right-of-way which went along
with the sale of property. In any case these questions were recently
resolved and the project can now move forward. Because the
circumstances have not materially changed from the original site plan
approval, staff will process the original application. The extension
of time beyond the 18 month limit of the site plan was a result of
research done at our request on the land issues involved.
The applicant has requested waiver of the platting requirement prior
to issuance of the building permit. Staff has agreed that so long as
a plat is submitted prior to the issuance of the permit that
conditions may be met. Approval of the final plat can be made
subsequently. A side walk waiver has been recommended by the Planning
and Zoning Board however, the City's 5 year Capital Improvement
Program provides that the side walk shall be extended along Homewood
Boulevard between Atlantic and Linton Boulevard. As a result it would
be inappropriate to allow development of this property without a
standard side walk. There remains one futher question regarding
traffic impact. I have asked the City Engineer to contact the
developer to determine whether or not a traffic impact statement can
be obtained in lieu of the requested traffic study. A stipulation
requiring a traffic impact analysis addressing the level of service
and required traffic improvements for Atlantic and Homewood had been
required.
Recommend approval of Conditional Use (CU 6-161) and Site Plan
approval for Saint Mary's the Virgin Church as detailed above.
Item No. 12 Sunbe1t-Denntronics Cable request for waiver and approval
of relocation of office service center. OUr local cable company has
requested a waiver of Chapter 10, Section 10-8 (c) of our Cable
Television Franchise to allow the firm to operate its office outside
the city limits. The company seeks a location from which it can more
effectively and efficiently serve De1ray Beach customers. Their
current location is a warehouse site located on S.W. 10th Street.
City staff and the City Attorney's office have reviewed this request
and have no objection to this relocation request. At the same time
however, the requested location is outside the city limits and a
AGENDA REPORT
Meeting of May 10, 1988
that when the pro~erty becomes contiguous to the City of De1ray Beach,
voluntary annexat~on will be sought by both the franchisee and the
~roperty owner 7 and that staff be directed to prepare an Ordinance
~ncorporating these provisions.
Item No. 13. Addition of two alternate members to the Historic
Preservation Board. The Historic Preservation Board consists of seven
members appointed by the City Commission. When the board was
established in March 1987, no provision for alternate members was
made. The Historic Preservation Board at its meeting April 14th voted
to request an amendment to their enabling Ordinance so that alternate
members would be available in the absence or disability of regular
board members.
This request is consistent with the provisions contained in other
advisory board enabling Ordinances. Some question should be raised
about whether or not alternate members are necessary for boards with
seven members. Alternates are very helpful for smaller boards or for
those which meet frequently during the month. At the same time should
alternates be appointed to a board, it would be important for the
alternate to stay current on issues facing the board so that informed
decisions can be made when they were acting in place of a regular
member.
Recommend Commission consideration of the appointment of two alternate
members to the Historic Preservation Board.
Item No. 14. Appointment of Planning & Zoning Board member to fill an
unexpired term. On April 4, 1988, Mr. Charles Hart resigned from the
Planning & Zoning Board leaving a vacancy for his term which expires
September 28, 1988. Following that solicitation of interested
citizens for membership on the Planning & Zoning Board was advertised
through press release and public announcement. We have received four
applications to date to fill the unexpired term. They are:
Samuel M. DeOto, 518 Rye Lane
Helene Safran Ege1man, 2437 N. W. 9th Street
Edith Jennings, 3015 Sherwood Boulevard
James Lamar Shuler, 606 West Atlantic Avenue
Board member applications and resumes are included in your agenda
packet.
Recommend approval of appointment of one member to the Planning &
Zoning Board to serve an unexpired term ending September 28, 1988.
Item 15. Implementation of Reorganization Plan. Pursuant to
Ordinance No.18-88 which was passed on April 26th, I would like to
seek Commission approval for the second step in a three step
reorganization plan. Previously Commission approved the organization
of a Management Services Department consisting of Budget, Personnel,
Finance, Information Resources Management, Purchasing, and Risk
Management.
I propose to establish a Development Services Group of departments and
seek Commission approval accordingly. The Development Services Group
will manage the departments of the City most direct1v involved in
AGENDA REPORT
Meeting of May 10, 1988
I
ENGINEERING
DEVELOPMENT DIRECTOR
I
I
PLANNING COMMUNITY
,
CODE
ENFORCEMENT
I
I~PROVEMENT
I
CDBG BUILDING
INSPECTION
The position presently titled Director of Development and
Inspections/Building Official is vacant. Rather than replace that
position I propose to fill a position titled Development Director to
manage the departments which comprise the Development Services Group.
I propose to advertise nationally to fill the position. In the
interim, however, I propose to contract with one of several interim
management firms specializing in temporary executive placements to
establish the Development Services Group and assist me in assessing
the organizational and individual strengths of the group.
Establishment of a Community Improvement Department within Development
Services will allow better coordination of inspection services and
facilitate cross training of at least some staff who are involved in
both plan review and field inspection. Additionally, it will
integrate community development block grant activities within the
development and inspection functions.
In the future I plan to explore the addition of an economic
development activity with this group of departments. Possibly this
could be accomplished in cooperation with the Community Redevelopment
Agency staff. Should this evolve during our budget discussion, an
amendment to the organization plan will be submitted.
Recommend Commission approval of the establishment of the Development
Services Group as outlined above.
CONSENT AGENDA
Item No. 16 Change Order No. 1 --Jasmine Drive and Cypress Drive
Drainage project. This change order results from work which was
required following a modification to the original design plans. The
plans were based on elevations which were approximately l' in error
and resulted in too little cover between the surface and the storm
sewer pipe itself. As a result of lowering the pipe, additional water
was encountered and the contractor incurred additional, unanticipated
costs.
We have discussed this design error with the surveyor who has agreed
to provide certain offsets to us for survey work in the future. On
balance however the completed Jasmine and Cypress storm sewer
installation was accomplished well below the second low bid and, based
on our experience last week with a 4" rain fall, performed as
expected. The additional funding required is available in the 1987
Utility Tax Bond issue balance.
Recommend approval of Change
to Mallo Brothers for work
dra~nage project.
Order No. 1 in the amount of $12,079.99
on the Jasmine Drive & Cress Drive
Trpm Nn ,~
n~~__~~__
AGENDA REPORT
Meeting of May 10, 1988
Item No. 18 Appointment of member of Civil Service Board.
of Leo Kierstein on the Civil Service Board expired on April
Mr. Kierstein is eligible and has requested reappointment.
The term
1, 1988.
Recommend reappointment of Leo Kierstein to the Civil Service Board
for a two year term ending April 1, 1990.
Item No. 19 Appointment of Police and Fire Pension Board Trustee. The
Police and Fire Pension Board consists of nine members. The term of
John Tranter expired on April 22nd and he has expressed a desire to
continue in his capacity as a City appointed trustee for another term.
Firefighter
Department
Department.
Robert Brown was re-elected to membership by
and Lt. Gerald Paller was re-elected by the
Both will continue to serve on the Pension Board.
the Fire
Police
Recommend reappointment of John Tranter to the Police and Fire Pension
Board of Trustees for a three year term ending April 22, 1991.
Item No. 20 1988 All-American Soap Box Derby. The Delray Beach
Sunrise Kiwanis has requested use of the Linton Boulevard Bridge for
the purpose of holding the 6th Annual Goldcoast All American Soap Box
Derby. Dates needed for closure of the bridge are:
Sunday, June 19th - 7:00 a.m. - 5:00 p.m. Practice Date
Saturday, June 25th - 7:00 a.m. - 5:00 p.m. Race Date
Sunday, June 26th - 7:00 a.m. - 5:00 p.m. Rain Date
The bridge will be closed to vehicular traffic during the hours of the
race. The races are run down the eastbound lanes, leaving the
westbound lanes open for emergency vehicles. The bridge draw span
will not be affected during any of these times, enabling it to open
and close normally for boat traffic.
Recommend approval of use of the Linton Boulevard Bridge for hOlding
the Annual Goldcoast All-American Soap Box Derby.
Item No. 21 Resolution No. 26-88. This item is a Resolution assessing
costs for abatement action required to remove an unsafe building on
property at 613 N. W. 2nd Street. The Resolution sets forth the
actual costs incurred and provides the mechanism to attach a lien on
this property in the event the assessment of $2,420.00 remains unpaid.
Recommend approval of Resolution No. 26-88 assessing costs for abating
an unsafe building within the City.
Item No. 22 Resolution No. 27-88. This item is a Resolution
assessing costs for abatement action required to remove an unsafe
building on property at 206 S. W. 2nd Avenue. The Resolution sets
forth the actual costs incurred and provides the mechanism to attach a
lien on this property in the event the assessment of $880.00 remains
unpaid.
Recommend approval of Resolution No. 27-88 assessing costs for
abating an unsafe building within the City.
AGENDA REPORT
Meeting of May 10, 1988
Item No. 24 Resolution No. 29-88. This item is a Resolution
assessing costs for abating nuisances on 38 parcels of property at
various locations throughout the City. Debris, weeds, trash, etc.
were removed from these parcels. The Resolution sets forth the actual
costs incurred and provides the mechanism to attach liens to property
in the event these assessments remain unpaid.
Recommend approval of Resolution No. 29-88 assessing costs for abating
nuisances.
Item No. 25 Ratification of SCRWTD Board approval of Q & Q invoice
for construction of the odor control facility at the Regional
Wastewater Treatment Plant. City policy calls for the City Commission
to approve actions taken by the board of the Regional Wastewater
Treatment Plant. These ratifications follow staff review of work
accomplished at the plant. The two Cities then share proportionately
the cost of the improvements.
Q & Q Inc. are constructing odor control devices
facility. This is the first payment towards this
scheduled for completion in January 1989.
at the
project
treatment
which is
Recommend approval of $11,245.50 to Q & Q
providing installation of the airscrubber
Wastewater Treatment Plant.
Inc.,
system
general contractor
at the Regional
Item No. 26 Ratification of SCRWTD Board approval of an invoice from
Hazen and Sawyer for odor control facility design work. Following the
procedures outlined above, this item requires Commission approval for
professional engineering services rendered during the months of
November, December 1987 and January 1988 on the odor abatement project
at the Wastewater Treatment Facility.
Recommend approval of invoice number 5 in the amount of $11,787.11 to
Hazen and Sawrer Engineers for professional engineering services in
conjunction w~th the odor control facility at the Regional Wastewater
Treatment Plant.
Item No. 27 Bids and Contracts. It is recommended that bids and
contracts be awarded as follows:
A. Paul and Anita Bell Purchase of Lot 6, Nichols Second
Addition for Water Plant Expansion - $60,000.
B. State Contract - One 1988 Dodge Diplomat (Pursuit Vehicle) -
$10,787.
C. Vinings Chemical Company Annual Contract for Sodium
Aluminate - $12I,410.00 (estimated annual cost).
D. Trans-Fla. Supply Company - Gate Valves, Serv Saddles, P. E.
Tubing - $6,196.
Southeastern
$12,170.00.
Municipal Supply Company
Corporations
Sunstate Meter & Supply - Curb Stops - $11,050.00.
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[IT' DF DELRAY BEA[H
100 N.W.1st AVENUE
DELRAY BEACH, FLORIDA 33444
:.'.\ c',;
305/243- 7000
MEMORANDUM
FROM:
Mayor and City Commissioners
Barry, City Manager~
Walter O.
TO:
SUBJECT: IMPLEMENTATION OF REORGANIZATION PLAN
DATE: May 9, 1988
Pursuant to Ordinance No. 18-88 which was passed on April 26, 1988, I
would like to seek Commission approval for the second step in a three
step reorganization plan. Previously Commission approved the
organization of a Management Services Department consisting of Budget,
Personnel, Finance, Information Resources Management, Purchasing, and
Risk Management.
I propose to establish a Development Services Group of departments and
seek tommission approval accordingly. The Development Services Group
will manage the departments of the City most directly involved in
development and redevelopment, maintenance anp growth management of the
City. Presently the functions of Planning, Engineering, Building
Inspection, Code Enforcement and Community Development Block Grant are
involved in these functions. I propose the following organizational
scheme to provide these services:
I
ENGINEERING
DEVELOPMENT DIRECTOR
I
PLANNING COMMUNITY
cODE
ENFORCEMENT
I
Il:lFaOVEMENT
I
CDBG BUILDING
INSPECTION
The position presently titled Director of Development and
Inspections/Building Official is vacant. Rather than replace that
position I propose to fill a position titled Development Director to
manage the departments which comprise the Development Servides Group.
I propose to advertise nationally to fill the position. In the
interim, however, I propose to contract with one of several interim
management firms specializing in temporary execution placements to
establish the Development Services Group and assist me in assessing the
organizational and individual strengths of the group.
J~
THE EFFORT ALWAYS MATTERS
Establishment of a Community Improvements Department within Development
Services will allow better coordination of inspection services and
facilitate cross training of at least some staff who are involved in
both plan review and field inspection. Additionally, it will integrate
community development block grant activities within the development and
inspection functions.
In the future I plan to explore the addition of an economic development
activity with this group of departments. Possibly this could be
accomplished in cooperation with the Community Redevelopment Agency
staff. Should this evolve during our budget discussion, an amendment
to the organization plan will be submitted.
WOB:nr
ULt-> MI\ I 1\i1~1" . j \i.-
CORRESPONDENCE
... ,'f ur'
DElRRY HEREM
TO
Thru:
Waiter o. Barry, City Mana~gr
.
Herb Thiele, City Attorney
David J. Kovacs, Director' '/\~ ~UCV,;L
Department of Planning and Zon ng
FROM
SUBJECT REZONING ACTION SCENARIO
DATE May 10, 1988
As events have progressed on attempting to accommodate the three
uses of public parking, fire station siting, and hotel expansion
on the property north of the Camino Real Holiday Inn, we have
reached a point where definitive action can be taken.
The following scenario
and he believes that
premises that:
has been discussed with the City Attorney
it can be accommodated based upon the
a) the resulting land use configuration had been reviewed
(albeit rejected) by the Planning and Zoning Board and
has otherwise been sUbject to public scrutiny; and,
b) the land use intensity differential between CF zoning
extending further south along Andrews Avenue is no
greater than if the zoning designation were LC i.e. the
resulting pattern is one which contains a lesser amount
of LC zoning which zoning is the more intensive; and,
c) the general premise that the City is not technically
bound to the land use dictates of a zoning code.
The scenario is:
1. Alter the legal descriptions contained in Ordinance
21-88 to reflect the property to be transferred to the
Ci ty, from Ocean Properties, for the proposed public
parking area and fire station; and,
alter the legal description contained in Ordinance
22-88 to reflect the property to be transferred to
Ocean Properties, from the City, along with the balance
of the Ocean Properties holdings which are to involved
with the hotel expansion.
2.
Reread the Ordinances (21 and 22) and approve on first
reading and direct that they each be advertised for a
public hearing concurrent with consideration of second
reading. T}1is pUblic hearing can occur on May 24,
1988.
::M 362
THE EFFORT ALWAYS MATTERS
To: Walter o. Barry, City Manager
Re:. Rezoning Action Scenario
Page 2
3. On the agenda of May 24th, the fOllowing items will
appear:
a) Public Hearing and second reading of the rezoning
ordinances 21-88 and 22-88;
b) Rescinding Resolution 86- (original land
exchange authorization) and--adoption of a new
resolution which authorizes a land exchange
between the City and Ocean Properties;
c)
Execution of the land exchange agreement.
agreement would provide, among other items,
following:
Said
the
exchange of property at no direct dollar cost
to either party,
commitment of
a parking lot
construction
development of
Ocean Properties to construct
on City owned property, said
to be concurrent with
the Ocean Properties holdings,
commitment of Ocean Properties to demolish
the eXisting fire station immediately upon
occupancy of the new fire station,
Ocean Properties to design and construct the
retaining walls which will be necessary on
the east an south boundaries of the parcel
designated for fire station use,
the imposition of land use restrictions upon
the Ocean Properties site to the effect that
it shall be used only for the purpose of
hotel and conference center development which
is used in conjunction with the existing
hotel complex.
that the City will apply for variances to be
granted by the Board of Adjustment, or City
Commission, as appropriate, which allow the
following:
a) a substantial reduction in required
parking to the extent that provided
parking will be deemed sufficient;
b) zero lot line setbacks for the east and
south of the fire station parcel and the
north and west portions of the Ocean
Properties site which abut the fire
station parcel;
To: Walter O. Barry, City Manager
Re': Rezoning Act~on Scenario
Page 3
---....,--. ------- --"--"- - .--------.---.. .--
c)
reduction in perimeter
between the hotel expansion
parking area;
landscaping
and public
d) other reductions in landscaping
necessary to accommodate a site plan as
recommended for approval by the Planning
and Zoning Board
e) a reduction in parking lot aisle width
whel"e. construction restraints exist in
the existing underground structure.
Subsequent Activities:
Assuming the above occurs, the City will then proceed with design
of the fire station and proceed to contract. In accompanying
actions, the City shall initiate the process for divesting itself
of the Miramar site.
Ocean Properties would prepare a conditional use and site plan
submittal and will proceed through the formal site plan review
process.
The City will initiate the variance requests which are necessary
to accommodate the items contained in the land exchange
agreement.
c:
Tom McMurrain, Ocean Properties
Kerry Koen, Fire Chief
Project File
...
.J.
...'..~...~.........~"'.4If""
ORDINANCE NO. 19-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH. FLORIDA. CHANGING THE CITY'S
LAND USE PLAN DESIGNATION IN THE COMPREHEN-
SIVE PLAN FOR A PARCEL OF LAND LYING AND
BEING IN SECTION 16. TOWNSHIP 46 SOUTH. RANGE
43 EAST. DELRAY BEACH. PALM BEACH COUNTY,
FLORIDA. LOCATED NORTH OF EAST ATLANTIC
AVENUE AND SOUTH OF LOWRY STREET. IF EXTENDED
EASTWARD, BETWEEN STATE ROAD NO. AlA AND
ANDREWS AVENUE. FROM MF-15 (MULTIPLE FAMILY -
15 UNITS/ACRE), IN PART, AND P (PUBLIC), IN
PART, TO C (COMMERCIAL); AMENDING THE LAND
USE PLAN; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH. FLORIDA. AS FOLLOWS:
;3~<;;.tiQrLL That t,he legal description of the subject
property is as follows:
See Exhibit "A" att.ached heret.o and made a
part hereof.
Se_ctiQn2L That the Land Use Plan designation of the
subject propert.y in t.he Compt'ehen".ive Plan is hereby changed to C
(Commercial) .
~2Lt~_~ That the Planning Director of the City of
Delray Beach shall. upon the effective date of this ordinance.
change the Land Use Plan of Delray Beach. Florida. to conform
with the provisions hereof.
Section 4_ That all ordinances or parts of ordinances
in conflict herewith be. and t.he same are hereby repealed.
S.ectiDn._Q, That should any sect.ion or provision of
this ordinance or any portion thereof. any ~aragraph, sentence,
or word be declared by a Court of competent jurisdict.ion 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.
SfO.Gti.QILJiL That. t.his ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session
final reading on this t.he _,.,.___n day of_.
on second and
. 1988.
MAY 0 R
ATTEST:
City Clerk
First. Reading __ApriL~2_,_.l9a8-__
Second Reading
\1 (i
, i
,"
EXHLliLT.__~K
A parcel of land commencing at the intersection of the center
line of Atlantic Avenue and the East right-of-way line of Andrews
Avenue extended; thence Northerly with said East right-of-way
line 341.04 feet to the Point of Beginning of said Parcel B;
thence continuing along said East right-of-way line 213.79 feet;
thence wit.h an int.erior angle t,o t,he left of e9 degrees 47' 30".
458,87 feet Easterly to the West right-of-way line of Ocean
Boulevard (S,R. AlA); thence with an interior angle to the left
of 81 degrees 18' 07", 216.28 feet Southwesterly along said West
right-of-way line; thence with an interior angle to the left of
98 degrees 41' 53", 425.38 feet. to the Point of Beginning (con-
taining 2.17 acres, more or less);
TOGETHER WITH
A parcel of land commencing at the intersection of the center
line of Atlantic Avenue and the East right-of-way line of Andrews
Avenue extended; thence Northerly with said East right-of-way
11(le 291.04 feet: thence with an i.nterior angle to the left of 89
degrees 47' 30", 155.00 feet. East.erly t.o the Point. of Beginning;
thence continuing Easterly 262 55 f~et tel the West right-of-way
line of Ocean Boulevard (S,B. AlAI: thence with an interior angle
t.o t.he right of 98 degrees 41' fiT'. 50.5R feet Northeasterly to
the South line of the aforementioned Parcel B; thence with an
interior angle to the right of 81 degreeE: 1 R' 07". 270.38 feet
Westerly along the South line of Parcel B; thence with an interi-
or angle to the right of 89 degrees 47' 3D". 50.00 feet Southerly
to the Point of Beginning (containing 0.306 Acres. more or less):
TOGETHER WITH
A parcel of land commencing at the intersectinn of the center
Line of Atlantic Avenue and the East right-ot-wav line of Andrews
Avenue extended; thence with said East right-of-way line Norther-
ly 291.04 feet to the Point of Beginning of Parcel D; thence
continuing along said East right-of-way line Northerly 50.00
feet: thence with an interior angle to the left of 89 degrees 47~
:3W', 15f>.00 feet EaE;terly to the West line of Parcel C; thence
with an int.erior angle to the left ()f 90 dAgreA~; 12 "30". flO.OO
feet Southerly; thence with an interior angle to the left of 89
degreef; 47' 30", 155.00 f8et West.erly t.o t.he Point of Beginning
(containing 0.178 acres, more or less),
The 5ubject property is loc:~.t,ed rl.ort.h of Ea::-;t At,1,3nt,ic Avenll~ ,~n(l
south of Lowry Street, if extended eastward. hetween State Road
No. AlA and Andrews Avenue.
The above-described parcels contain a 2.654 acre parcel of land,
more or less.
ORDINANCE NO. 29-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH. FLORIDA, CHANGING THE CITY'S
LAND USE PLAN DESIGNATION IN THE COMPREHEN-
SIVE PLAN FOR A PARCEL OF LAND LYING AND
BEING IN SECTION 29, TOWNSHIP 46 SOUTH, RANGE
4.3 EAST. DELRA Y BEACH, PALM BEACH COUNTY.
FLORIDA, FROM MF-10 (MULTIPLE FAMILY 10
UNITS/ACRE) TO C (COMMERCIAL); SAID LAND IS
LOCATED ON THE NORTH SIDE OF LINDELL BOULE-
VARD, BETWEEN FEDERAL HIGHWAY AND DIXIE
HIGHWAY; AMENDING THE LAND USE PLAN; PROVID-
ING A GENERAL REPEALER CLAUSE; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the legal description of the subject
property is as follows;
Lot "B". TROPIC PALMS PLAT NO.1. according
to the Plat thereof recorded in Plat Book 25.
Pages 99 through 102. inclusive, of the
Public Records of Palm Beach County, Florida.
Lot "C", Sect.ion 1, TROPIC PALMS, according
to the Plat thereof, recorded in Plat Book
25. Pages 99 to 102. inclusive, of the Public
Records of Palm Beach County, Florida.
Tract D, TROPIC PALMS, PLAT I, according to
the Plat thereof recorded in Plat Book 25,
Pages 99 t.hrough 102, inclus i ve, of t.he
Public Records of Palm Beach Count.y. Florida.
The West seventy-five (75) feet of Lot 1,
TROPIC GARDENS. according t.o the Plat. there-
of, recorded in Plat Book 29, Page 121 of the
Public Records of Palm Beach County. Florida.
The subject property is located on the north
side of Lindell Boulevard, bet.ween Federal
Highway and DJxie Highway.
The above-described parcel contains a 1.105
acre parcel of land. more or less,
Section 2. That the Land Use Plan designation of the
subject. property in the Comprehensive Plan adopted by Ordinance
No. 65-79 is hereby changed to C (Commercial).
Section 3. That the Planning Director of the Cit.y of
Delray Beach shall. upon the effective date of this ordinance.
change the Land Use Plan of Delray Beach, Florida. to conform
with the provisions hereof.
SectiQIL.~ That all ordinances or parts of ordinances
in conflict, herewith be. and the same are hereby repealed.
')
Section 5. 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_6~ That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in
final reading on t-his the ____
regular session
day of
on second and
. 1988.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 -
Ord. No. 29-88
DEPARTMENTAL
CORRESPuNDENCE
[ITY DF
DELRAY BEA[H
~~(i
TO ~ER O. BAFRY, CITY MANAGER
\ \ \J IL_ ~^",n,
FROM avid J. Kov~r
Department of Planning and Zoning
CITY COMMISSION DOCUMENTATION
REGULAR MEETING OF MAY 10, 1988
ENACTING ORDINANCE FOR THE IANDIMARINO LAND USE
PLAN AMENDMENT FROM MF-10-C
OA TE 4-20-88
SUBJECT
ITEM BEFORE THE COMMISSION:
The action requested of the Commission is approval, on
reading, of an ordinance enacting a local land use
amendment.
first
plan
The change is from MF-10 to C. The petition involves 1.1 acres
of land. The property is located on Lindell between Federal
Highway and Dixie Boulevard.
The specific
determination
second pUblic
action
that this
hearing.
before the Commission is making
is a local amendment and to proceed to
a
a
BACKGROUND:
This 1.1 acre area is comprised of four (4) separate properties.
It is the site of the only noncommercial land use designation
between Dixie Highway and Federal Boulevard between Linton and
the south City limits. The owner wishes to proceed with rezoning
the property from its current residential designation to a
commercial designation. Processing this plan amendment is a
prerequisite to zoning. The zoning petition is still before the
Planning and Zoning Board.
Additional background information is found in the attached
Planning and Zoning Board staff report.
Planning and Zoning Board recommendation: At its meeting of
April 18, 1988, the Board recommended approval of this land use
plan amendment request. There was public testimony on the
Board's combined hearing of the plan amendment and the rezoning;
however, that testimony focussed upon ~he requested zoning
designation.
ALTERNATIVE ACTIONS:
1. Make a determination that this is a local amendment and
then approve the enacting ordinance on first reading.
CM 362
THE EFFORT ALWAYS MATTERS
1
TO: Walter O. ~drry, City Manager
RE: City Commission Documentation
Regular Meeting of May 10, 1988
Enacting Ordinance for the IandiMarino Land Use
Plan Amendment From MF-10 to C
Page 2
2. Denial or continuance do not appear to be appropriate
courses of action.
RECOMMENDED ACTION:
Find that this request is a local amendment in that
less than three acres of a nonresidential land use
and direct that a second public hearing be set along
reading of the enacting ordinance.
it involves
designation
with second
Attachment:
planning and Zoning Board staff report.
ref:DK#18/A:ccmarlup
PLRNNING B ZONING
CITY OF DELRRY
BORRD
BERCH
STAFF REPORT
MEETING DATE:
APRIL 18, 1988
AGENDA ITEM:
III.D
ITEM:
CONSIDERATION OF A LAND USE PLAN AMENDMENT TO CHANGE
DESIGNATIONS FROM MF-10 TO C COMMERCIAL
. .....
--:.....,...
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GENERAL
DATA:
Owner....... ........ _... . Dominic J. IandiMarino
Agent................... .Oominic J. IandiMarino
Location................ .North of Lindell Boulevard between Dixie
Boulevard and Federal Highway
Property size....._...... 1.105 acres
City Land Use Plan...... .MF~lO (Multiple Family - 10 units/acre)
Existing City Zoning... ..RM.IO (Multiple Family Residential)
Proposed Land Use Plan. ..Commercial
proposed Zoning.. ...... ..SC (Specialized Commercial)
Adjacent Zoning.. .... ....North of subject property is zoned
County CG (General Commercial); south,
east and west of subject property is
zoned City SC (Specialized Commercial)
Existing Land Use... ... ..Four single family homes
Proposed Land use... ... ..Permitted and conditional uses listed in
the Zoning Code under the SC Zoning
Oistrict
Water Service...... ... ...An 8" main is located on the west side
of US Highway No.1 adjacent Lot 1 and a
10" main exists on the south side of
Lindell Boulevard adjacent all four of
lots.
Sewer Service. ... .... ....Sewer exists within the trailer park
approximately 80' north. Hook up may be
accommodated through extension of an 8"
main to manhole in southeast corner of
trailer park (Unity of Title may be
requi red 1 .
SOUTH
DELRAY
SHOPPING
CENTER
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ITEM:-m,.l
ITEM BEFORE THE BOARD:
The item before the Board is that of making a recommendation on a
Land Use change from MF-10 to Commercial for Lots B,C, and D of
Tropic Palms Subdivision and q portion of Lot 1 of Tropic Gardens
Subdivision. The properties are located on the north side of
Lindell Boulevard between Dixie Boulevard and us Highway No.1.
BACKGROUND:
The property proposed for change is the current site of four
single family homes. These homes appear to have been there for
some time and no history is available on them. Land use history
does exist on the east half of lot 1 of Tropic Palms SUbdivision
directly east of this proposal. This property is located at the
northwest corner of Lindell and US Highway No.1 and is currently
owned by this applicant. The applicant for the land use change
also currently owns the trailer park located within a County
pocket directly of the property in this application.
The corner parcel, directly east of the proposed change hasia
current land use designation of Commercial with a zoni g
classification of (SC) Specialized Commercial. The corner parc I
came before the Planning and Zoning Board at its workshop meeti~g
of December 21, 1982 for a rezoning from RM-10 to SC and a change
in land use from MF-10 to (C) Commercial. These requests were
recommended for approval at the Regular Planning and Zoning Board
meeting on January 17, 1983. The rezoning and land use change
requests were approved by City Commission via Ordinance No. 16-83
(Land Use Amendment) and Ordinance No. 17-83 (Zoning) on March 8,
1983.
At a Planning and Zoning Board workshop on May 24, 1983, a
request to build a convenience store and attendant gasoline
facility (Cumberland Farms) was discussed. It was determined
that the lot did not meet the required m~n~mum dimensions
required for gasoline sales and a variance was required. A
variance was granted by the Board of Adjustments from Section
30-17(0)(3) on June 23, 1983, reducing the required frontage from
l50'to 125'. At that time, the adjacent home owner Dominic
IandiMarino, the present applicant, owner of the balance of Lot 1
filed suit against the Board of Adjustment to overturn the
variance. This suit was subsequently voluntarily dismissed
without prejudice on November 3, 1983.
The site plan and conditional use request for Cumberland Farms
received a recommendation for approval by the Planning and Zoning
Board on August 15, 1983, with City Commission approval being
granted on September 13, 1983. This conditional use approval was
for eighteen months and expired on November 3, 1984, pursuant to
Section 30-21(E)(1). No approved site plan or conditional use
now exists for this site.
TO: Planning c"_.d Zoning Board
RE: Staff Report - IandiMarino Land Use Plan Amendment
Page 2
COMPREHENSIVE PLAN MATTERS:
The scale of this requested change is below the three acre
threshold for consideration as a major amendments and does not
need to be forwarded to the State and can be enacted as a local
plan amendment.
No immediate development plans are proposed. A land use change
has been requested to make this property's land use
classification consistent with Commercial land use designations
to the south, east and west. The County parcel to the north has
a County land use designation of Medium Density Residential with
Commercial potential. On January 25, 1983, City commission
recommended commercial City land use designations be given to
County parcels between US Highway No.1 and Dixie Highway from
Frederick Boulevard south to Lindell Boulevard. The property to
the north of the proposal (currently a trailer park) was given a
commercial City land use designation thru the adoption if
Ordinance 1-83.
The Public Utilities Department has reviewed this request and is
requesting that a layout of existing water and sewer utilities
including the private lift station and well system in use today,
for the entire area owned by the applicant be submitted.
'Four Land Use Policy statements adopted in December, 1986, by
City commission apply to this land use request:
Commercial Policy Statement #2:
Except within the Community Redevelopment Area, all future
land use plan changes and rezonings from residential and
industrial designations to retail commercial shall be
discouraged unless a market study can demonstrate a
compelling public need. A traffic impact study of the
proposed change shall also be required.
Response:
Though commercial land use amendments are to be discouraged,
special circumstance exist in that commercial encroachment
or commercial potential surrounds this site. A traffic
impact study addressing site development is not appropriate
now but may be at the time a development plan is brought
forward.
TO: Planning .d Zoning Board
RE: Staff Report - IandiMarino Land Use Plan Amendment
Page 3
Commercial Policy Statement #3:
Where the need for retail centers can be proven, they shall
be located at the intersection of arterial roads; however,
over commercialization of these intersections shall be
avoided in order to promote traffic safety and efficient
circulation.
Response:
The potential traffic impact of 4 separate parcels with a
potential of four separate ingress and egress points on
Lindell Boulevard is a serious concern. Development of this
area as one parcel with control over access through platting
should be required. This item is further discussed in the
zoning portion of this request.
Commercial Policy Statement #5:
Additional strip commercial zoning shall be avoided.
r
I
Response:
This strip commercial concept can be avoided by . requiring
incorporation of this area and future potential commercial
areas to the north (also owned by the applicant) to be
platted and developed as one larger development.
Commercial Policy Statement #7:
consideration should be given to refining the location of
the Specialized Commercial (SC) District along Federal
Highway, and providing a transitional zoning district of more
restrictive commercial uses adjacent to the Central Business
District.
Response:
This policy statement can be addressed with the zoning
portion of this request, SC is proposed, another commercial
designation may be more appropriate.
ASSESSMENT:
This property is surrounded by Commercial land use designations
to the south, west and east and a City Commercial designation to
the north. In 1983, the City commission upon a recommendation
from the Planning and Zoning Board changed the recommended City
TO: Planning 0...-1 Zoning Board
RE: Staff Report - IandiMarino Land Use Plan Amendment
Page 4
Zoning classification to the north to Commercial, within the
County pocket. The Planning and Zoning Board also recommended
approval to the City Commission to change the land use
designation for the Lehman site directly to the south as well as
the balance of Lot 1 directly to the east of the proposal via
Ordinance No. 16-83 to Commercial. With the present encroachment
of Commercial designations around this site, a land use
designation of Commercial seems appropriate. A traffic impact
study should be considered per Policy Statement #2 as the site
planning processes proceed.
ALTERNATIVES:
1.
Continue with direction until a traffic impact study is
submitted along with a market study demonstrating a
compelling public need, along with submission of master plan
showing existing water and sewer utilities.
2.
3 .
Deny request for Commercial designation.
f
I
Approve land use change from MF-10 to Commercial.
RECOMMENDATION:
Approve land use change from MF-10 to Commercial.
ref:PD#4/A:lupi
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ORDINANCE NO. 21-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH. FLORIDA. REZONING AND
PLACING LAND PRESENTLY ZONED RM-15 (MULTIPLE
FAMILY DWELLING) DISTRICT IN LC (LIMITED
COMMERCIAL) DISTRICT A PARCEL OF LAND LYING
AND BEING IN SECTION 16. TOWNSHIP 46 SOUTH.
RANGE 43 EAST. DELRAY BEACH. PALM BEACH
COUNTY. FLORIDA; SAID LAND IS LOCATED NORTH
OF EAST ATLANTIC AVENUE AND SOUTH OF LOWRY
STREET. IF EXTENDED EASTWARD, BETWEEN STATE
ROAD NO. AlA AND ANDREWS AVENUE, AND AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA. 1983";
PROVIDING A GENERAL REPEALER CLAUSE; PROVID-
ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE "t
. DATE.
NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA. AS FOLLOWS:
~Qt,j_Q.!l.-L.._ That the following described property in
the City of Delray Beach. Florida. i.s hereby rezoned and placed
in the LC (Limited Commercial) District as defined in Chapter 30
of the Code of Ordinances of the City of Delray Beach, Florida,
to-wit:
:3ee Exhi bi t "A" .a t.tac hed he re,t.o and made a
part. hereof.
:ip.Ftion 2.... That
shall. l)pOn the effective
Zoning Map of Delray Beach.
sions of Section 1 hereof.
the Planning Director of said City
date of this ordinance. change the
Flori.da. to conform with the provi-
SentiolLJ..,- That. all ordin.ances or part,s of ordinances
in conflict herewith be. and the same are hereby repealed.
sentiOQ_~ That should any section or provision of
this ordinance or any port, ion t.hereof. any paragraph. sentence.
or word be declared by a Court of competent jurisdiction to be
invalid. such decision shall not, affect the validit,y of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
:3!e.cnQD._5.. That this ordinance shall become effective
immediat.ely upon passage on second and final reading.
PASSED AND ADOPTED in
final reading on t.his the __.__.
regular session on second and
day of ____._____._._. 1988.
MAYOR
ATTEST:
--...~---------_.__._.__. ------ -_._.__._-_._-~-----
Ci.t.y Clerk
First. Reading
Second Rea.ding
EXHIBI'L--':X.
(Revised 5/10/88)
A PARCEL OF LAND BEING A PORTION OF ORIGINAL LOTS 13. 14. & 15.
OCEAN BEACH SUBDIVISION. SECTION 16. TOWNSHIP 46 SOUTH. RANGE 43
EAST. DELRAY BEACH. PALM BEACH COUNTY. FLORIDA. MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF ATLANTIC
AVENUE AND THE EAST RIGHT-OE-WAY LINE OF ANDREWS AVENUE EXTENDED:
THENCE WITH SAID EAST RIGHT-OF-WAY NORTHERLY 341.04 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUING NORTHERLY ALONG SAID EAST
RIGHT-OF-WAY LINE 135.23 FEET; THENCE WITH AN INTERIOR ANGLE TO
THE. LEFT OF 90 DEGREES 00' 00". .153.00 FEET IN AN EASTERU'i
DIRECTION; THENCE WITH AN INTERIOR ANGLE TO THE LEFT OF 27t
DEGREES 00' 00". 7:1.110 FEET IN A NORTHERLY DIRECTION: THENCE WI.T\'!
AN INTERIOR ANGLE TO THE LEFT OF 89 DEGREES 47' 30". 306.02 FEE'!'
IN AN EASTERLY DIRECTION TO THE WEST RIGHT-OF-WAY LINE OF OCEAN
BOULEVARD (S.R. A-I-A); THENCE WITH AN INTERIOR ANGLE TO THE LEFT
OF 81 DEGREES 18' 07". 217. 29 FEET IN A SOUTHERLY DIRECT ION ALONG
SAID WEST RIGHT-OF-WAY: THENCE WITH AN INTERIOR ANGLE TO THE LEFT
OF 98 DEGREES 41' 53'. 425.38 FEET IN A WESTERLY DIRECTION TO THE
POINT OF BEGINNING. CONTAINING 1.902 ACRES. MORE OR LESS.
(iEDINANCF. N(i.
.-, ~ u'-:;
1-""
AN OFWINANCE OF THE C TrY COUNC TL OF THE CITY
OF DEL Y BEACH. FLORIDA. REZONING AND
PLACING ND PRE:3ENTLY ZONED Rtl~ it, (MULTIPLE
FAMILY D ELLINCl) DISTRICT IN LC (LIMITED
COMMERCIAL 1 DIf,TRICT A PARCFI, liB' LAND LYING
AND BEING . f,ECTIoN 16. TO\,m:=,HIR 4f, f,OUTH.
RANGE 43 AST. DELRAY BEACH PALM BEACH
COUNTY. FLO IDA: SAID LAND If, LOC:ATIW NORTH
OF EAST ATLA TIC AVENUE AND SOUTH OF LOWRY
STREFT. IF E ENDED EASTWAR1l. BETWEEN :",TATE
ROA D WI. A IA ND ANDREWf. AVENUE. ANlJ AMENDING
"ZONINC; MAP (iF' DELRAY BEACH. FJ,uRlfJA. Hjf:~;":
PROVIDING A GE E8AL REPEALER CLAU:c,E: F'FWVID~
TNC; [\ :",P,VING C AU.3E: Pr:CJVIDHiC; AN EFFEC:TIVE
DATE.
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IT mWA I NEll BY THE C 1T,{ CCIUNC IL OF
.oRTnA, AS F'CH,r.(J~'Ij:~:
:=,pctj (>J! 1. That. def.,c~rl bed propert.y j n
t.he Cit,y ()f nelr;;y Re,~c;rl, F}Yr"icL~, i~, hp'''r'phy re?ioned and pla~ed
in t,hf-> Loe iIJirrdt.pd Cornme1'(":;aJ Di;::o,t.ric,t. ;;;::', defined in Chapter 30
()f t.he Codp. (~jf Cl:rr1jn.'3.ncp,!:~ (If l.he ('it.v ()f Ue}ray BeAch. Florida.
t,n-wi t,;
NCJW. THEREFORB:.
THF CITY OF DEl,RAY BEACH.
~.:',p.,_:" Fxh':it"j}t. "A"
p,'=-! rT hp}'F>c,f.
ann rn,~dp.
~~'f':'.~:tj C:,"(, _::
I}-JFt_i,
t,h;:..,
_'Jarlnirl~ Dirpct.nr of said City
tljis Clrdin~rl~e. change t,he
to conform with the provi-
shall. upon ~he effective
Zoning Map of Dplray Beach.
siCins of Section J hereof.
d,qt,p
Sect_ton (\,
:i_n conflict herpwj_~h
That al) nrrlin<Dnps or par~5 (If ordinances
he. and the samp arp herebv repealed,
5~0t,iQJL 4_. That, shnllld ~,pnt.ioD (IT prov:iE:.ion of
this ordinance or any port,ion t,heTeof. anv D~ragrRph. 5en~pnce.
or word be decl8red by a Court, of .iurisdict,jon t,o be
invalid. such decision sha]] not, "ffe ~t, t,he validity of t.he
remainder hereof as a whole or pa,ri. t.hel..(1f (')t.her t,han t,he part,
declared to be invalid.
E'_~Qt.jon __fl. Trj)::!t. t.lli~., cJ1.'din::.j]'-I[~.e :-hal] b~(:(Jme effect,ive
irnmediat,ely l)pon pa;='.~',age on ;:;ecclnd B'nd fina f'e.~din~.
final
PA:3:3Efi AND
readjrl_~ on t,hi7:'
ADOPTETJ ~1. f; rp.iIll I ,S1"'
~h~ rlav ~)t
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ATTEf,T:
Cit.y Clerk
Firo;t. Rei'ldin,;r April 12, 1988
Second Reading
on E';ecClnd f;l.ncl
. 198B.
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ORDINANCE NO. 22-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH. FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED RM-15 (MULTIPLE
FAMILY DWELLING) DISTRICT IN CF (COMMUNITY
FACILITIES) DISTRICT A PARCEL OF LAND LYING
AND BEING IN SECTION 16, TOWNSHIP 46 SOUTH,
RANGE 43 EAST. DELRAY BEACH. PALM BEACH
COUNTY, FLORIDA; SAID LAND IS LOCATED NORTH
OF EAST ATLANTIC AVENUE AND SOUTH OF LOWRY
STREET, IF EXTENDED EASTWARD. BETWEEN STATE
ROAD'NO. AlA AND ANDREWS AVENUE, AND AMENDING
"ZON ING MAP OF DELRA Y BEACH, FLOR IDA, 1983" ;
PROVIDING A GENERAL REPEALER CLAUSE; PROVID-
ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE ~~
DATE.
~ ~
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DEL RAY BEACH. FLORIDA, AS FOLLOWS;
5~Qj;,.iQl:Ll._ 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
30 of the Code of Ordinances of the City of Delray Beach, Flori-
da. to-wit;
See Exhi bi t "A" att.ached heret,o and made a
part hereof.
5~ction 2. That
shall. upon the effective
Zoning Map of Delray Beach,
sions of Section 1 hereof.
the Planning Director of said City
date of this ordinance, change the
Florida. to conform with the provi-
Section ~. That all ordinances or parts of ordinances
in conflict herewith be. and the same are hereby repealed.
Section L 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.
S!;:.c.:tj.Qn_.5.~ That this ordinance s ha 11 become effective
immediately upon passage on second and final reading,
PASSED AND ADOPTED in regular session
final reading on this the __ day of
on second and
, 1988.
MAY 0 R
ATTEST;
Cit.y Clerk
First Reading ___.__.._.....____
Second Reading
EXHIBIT "A"
(Revised 5/10/88)
A PARCEL OF LAND BEING A PORTION OF ORIGINAL LOTS 13. 14. & 15.
OCEAN BEACH SUBDIVISION. SECTION 16. TOWNSHIP 46 SOUTH. RANGE 43
EAST. DELRAY BEACH. PALM BEACH COUNTY. FLORIDA. MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF ATLANTIC
AVENUE AND THE EAST RIGHT-OF-WAY LINE OF ANDREWS AVENUE EXTENDED:
THENCE WITH SAID EAST RIGHT-OF-WAY LINE NORTHERLY 612.83 FEET TO
THE NORTH LINE OF THE SOUTH HALF (S 1/2) OF ORIGINAL LOT 13:
THENCE WITH AN INTERIOR ANGLE TO THE LEFT OF 89 DEGREES 47" 30".
153.00 FEET ALONG SAID NORTH LINE OF THE SOUTH HALF (S 1/2) OF
ORIGINAL LOT 13 IN AN EASTERLY DIRECTION TO THE POINT OF BEGIN-
NING: THEN.CE. CONTINUING ALONG SAID NORTH LINE. 314.95 FEET IN ".~ N
EASTERLY DIRECTION TO THE WEST RIGHT-OF-WAY LINE OF OCEAN BOUL~-
VARD (S.R.A-I-A): THENCE WITH AN INTERIOR ANGLE TO THE LEFT OF
81 DEGREES 18" 07", 57.66 FEET IN A SOUTHERLY DIRECTION ALQNG
SAID WEST RIGHT-OF-WAY LINE: THENCE WITH AN INTERIOR ANGLE TO THE
LEFT OF 98 DEGREES 41" 53", 306.02 FEET IN A WESTERLY DIRECTION:
THENCE WITH AN INTER IOR ANGLE TO THE LEFT OF 90 DEGREES 12" 30".
57.00 FEET IN A NORTHERLY DIRECTION TO THE POINT OF BEGINNING,
CONTAINING 0.406 ACRES. MORE OR LESS;
TOGETHER WITH
A PARCEL OF LAND BEING A PORTION OF ORIGINAL LOTS 13. 14, & 15.
OCEAN BEACH SUBDIVISION. SECTION 16. TOWNSHIP 46 SOUTH, RANGE 43
EAST. DELRAY BEACH. PALM BEACH COUNTY. FLORIDA. MORE PARTICULARLY
DESCRIBE~ AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF ATLANTIC
AVENUE AND THE EAST RIGHT-OF-WAY LINE OF ANDREWS AVENUE EXTENDED:
THENCE WITH SAID EAST RIGHT-OF-WAY LINE NORTHERLY 476.27 FEET TO
THE POINT OF BEGINNING: THENCE CONTINUING NORTHERLY ALONG SAID
EAST RIGHT-OF-WAY LINE 136.56 FEET TO THE NORTH LINE OF THE SOUTH
HALF (S 1/2) OF ORIGINAL LOT 13: THENCE WITH AN INTERIOR ANGLE TO
THE LEFT OF 89 DEGREES 47" 30". 153.00 FEET ALONG SAID NORTH LINE
OF THE SOUTH HALF (S 1/2) OF ORIGINAL LOT 13: THENCE WITH AN
INTERIOR ANGLE TO THE LEFT OF 90 DEGREES 12" 30". 136.00 FEET IN
A SOUTHERLY DIRECTION; THENCE WITH AN INTERIOR ANGLE TO THE LEFT
OF 90 DEGREES 00" 00", 153.00 FEET IN A WESTERLY DIRECTION TO THE
POINT OF BEGINNING. CONTAINING 0.479 ACRES. MORE OR LESS.
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ORDINANCE NO. 22-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH. FLORIDA. REZONING AND
PLACING LAND PRESENTLY ZONED RM-15 (MULTIPLE
FAMILY D ELLINGI DISTRICT IN CF (COMMUNITY
FACILITI Sl DISTRICT A PARCEL OF LAND LYING
AND BEING IN SECTION 16. TOWNSHIP 46 SOOTH.
RANGE 43 EAST. DELRAY BEACH. PALM BEACH
COUNTY. FL RIDA; SAID LAND IS LOCATED NORTH
OF EAST ATL NTIC AVENUE AND SOOTH OF LOWRY
STREET. IF TENDED EASTWARD. BETWEEN STATE
ROAD NO. AlA AND ANDREWS AVENUE. AND AMENDING
"zeJN ING MAP 0 DELRA Y BEACH. FLIJR IDA. 188';'
PROVIDING A G. ERA], REPEALER CLAll;:;E; PROVID-
ING A SAVING lLAUSE; PROVIDING AN EFFECTIVE
DATE.
. R IT ORDAINED BY THE CITY rCJlJNCn.
OR IDA. AS FOLLOWS:
OF
NOW. THERB:FORR.
THE CITY OF DB:LRAY REACH.
SectiPD I. That he fpllpwing described property In
the City of Delray Reach. FI rlda. is hereby rezoned and placed
in the CF (Community Faeilitie) District as defined in Chapter
30 of the Code of Ordinances 0 the City of Delray Beach. Flori-
da, t,n- wit,:
:::;ee Exhibit. "A"
part, hAt'enf'.
f:l.nct made A
5.e(~:.t_i OJ:J_? That,
shall. upon the effective
Zoning Map of Del ray Beach.
sinns of Section 1 hereof.
the p]rnning Dire~tor of ~8jrl l~itv
rlate (If this ordjnannp. change t.hR
FloridR to conform with thp provj-
~~~_~~~:t:L:')Il J.
in cnnflict herewith
That.
he, an.d the ,':'~."irn~ ..3 'P
or parts of ordinances
hAr~ by repea] ed.
~_G..t_LQ_Q_.__4. That, should Bny >. pct.ion or prOvision of
this ordinance or any portion thereof. 81Y paragraph. sentence.
or word be declared by a Court of campe ent jurisdiction to be
invalid. such decision shall not aff~c~ the validity of the
remainder hereof as a whole or p~rt thereo~ other than the part
declared to be invalid.
PASSED AND ADOPTED in
final reading on this the
rep:ular
day of
effective
s."'c:t.iQr,-5~~ Tbat t.hi.~. ord i n"nce ~. h.
immediately upon passage on second and final
on second and
. 1988.
MAY 0
ATTEST;
\
City Clerk
F'j rst Re"cji n;;r April 12. 1988
Second Re"ding
Cl
)EPARTMENTAL
CORRE5,..JONDENCE
[ITY DF
DElRAY BEA[H
~~
TO
Walter Barry
City Manager
FROM
Joe Weldon
Director of Parks and Recreation
13th Maureen Connolly Brinker Continental Player Cup
SUBJECT
,
5/3/88
DATE
Glenn Feldman, president of International Tennis Promotions,
Inc., will make a presentation to City Corrunission on May 10
concerning City sponsorship of the Continental Players Cup for
junior women tennis players from December 11-17 at Gleneagles
Country Club.
Mr. Feldman is requesting City sponsorship
$15,000 and corrunit to assistance in the
national television coverage.
in the amount of
fund raising for
~
Parks and Recreation
-,
JW:cc
eM 362
THE EFFORT ALWAYS MATTERS
1'D
INTERNATIC.\lAL TENNIS PRCI\IIOTIONS. INC.
TELEPHONES
(305) 445-3298
RES. (305) 442-0044 .
TELEX 3728072 MBTA
3247 MARY SmEET
POST OFFICE BOX 330915
COCONUT GROVE
FlORIDA 33133
May 3, 1988
Mr. Joe Weldon
Director of Parks
and Recreation
50 N.W.1st Avenue
Delray Beach, Florida 33444
RE: 1988 Maureen Connolly Brinke~Continental Players~
Dear Joe,
I would like to thank you, Robert Barcinski and Walter Barry for
taking your time to meet with Eddie and me last week. I look forward
to a long relationship with the city of Delray Beach.
As you requested I am sending five (5) information packages on
the MCB Continental Players Cup. Later this week I will send you a
one page summary sheet to be distributed to the commissioners
Tuesday, May 10th at the commission meeting.
If you have any comments or questions, please do not hesitate to
contact me.
Best wishes,
p~'
Glenn Feldman
SUNSHINE CUP MATCHES
Featuring the two-three Junior
tennis teams of 44 or more nations
EDDIE HERR INTERNATIONAL JUNIOR TENNIS CHAMPIONSHIPS
Featuring the top junior boy and girl tennis players
from 24 or more nations In singles. doubles ond mixed doubles.
Mca CONTINENTAl PlAYERS CUP
Featuring the two.three girls Junior
tennis teams of 32 or more notions
Ut:.~ AM I rvlt:.j~ I J-\L
CORRESF JNDENCE
TO
Walter O. Barry, City Manager
i=S:)1v1
David J. Kovacs, Director
Department of Planning and Zoning
SUBJECT
CITY COMMISSION DOCUMENTATION
REGULAR MEETING OF MAY 10, 1988
ST. MARY'S THE VIRGIN CHURCH - CONDITIONAL USE AND SITE PLAN
5-5-88
ITEM BEFORE THE COMMISSION:
As this item was placed on the agenda by the Mayor, I am unsure
as to the specific action which is being requested. The action
may include on~ or all of the following:
a) action on a conditional use request (church use) and
the attendant site plan;
b) waiver of requirement for street improvements;
c) waiver of requirement for platting to precede issuance
of a building permit; and
d) directive to issue a building permit.
'Background on the entire project and conunents on each of the
above items follows.
BACKGROUND:
The conditional use hearing and site plan were before the
Planning and Zoning Board in September, 1986, and were
reconunended for approval sUbject to conditions. The request was
put "on-hold" prior to its being transmitted to the City
Conunission for action. Thus, the conditional use and site plan
have not yet been formally approved.
More that eighteen months later a submission was made to the
Building Department for plan check. That submission was rejected
since an approved site plan did not exist. Further, conditions
of the Planning and Zoning Board's reconunendation for approval
required the platting of the property, confirmation of
right-of-way locations, installation of street improvements, and
modifications to the site and landscaping plans.
A request for modification of the site plan has also been
submitted (downsizing portions of the building and redefining the
phases of construction). It has not been processed, again
because the initial site plan has not yet been approved and its
conditions complied with.
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C. _;~~i AI..i,''J;.\V':-; M~-;-,~:--:
I t
TO: Walter O. __rry, City Manager
RE: City Commission Documentation
Regular Meeting of May 10, 1988
St. Mary's The Virgin Church - Conditional Use and Site Plan
Page 2
ACTIONS REQUESTED OF THE COMMISSION:
Conditional Use and Site Plan Approval: Whether or not
consideration can be given to approval of the conditional use and
site plan has been asked of the City Attorney (see attached
memorandum, 4/25/88). The reason the City Attorney is involved
deals with the apparent expiration of the Planning and Zoning
Board's recommendation for approval in September, 1986. If the
City Attorney finds that consideration by the Commission is
appropriate, there is no objection to approval pursuant to the
Board's recommendations (see attached memorandum, 4/25/88). The
Director of Planning and Zoning will then process the requested
modifications through the non-impacting site plan modification
procedures.
Wai ver re street improvements: The owner was seeking the
waiver of street improvements initially requested by the
Engineering Department and recommended by the Planning and Zoning
Board. That requirement called for improvement plans and
installation of left and right turn lanes into the site from
Homewood Boulevard, with the right turn lane extended to Atlantic
Avenue. These requirements have been successfully resolved between
the project architect and the City Engineer, via determination
that the left turn lane will fit in the existing pavement, and
the requirement that the applicant submit a traffic impact
p.nalysis addressing the level of service and required traffic
improvements for Atlantic Avenue and Homewood Boulevard (see
attached memorandum, 4/29/88. If the traffic statement supports
the opinion that the right turn lane can be deleted, it will no
longer be required. Engineering plans which will be submitted by
the applicant on Friday May 6. These plans will be checked by
the Planning and Zoning Department and the City Engineer prior to
the consideration of this item by the Commission. Due the late
submission of these plans, further comments may be necessary at
said meeting.
Waiver re platting prior to issuance of building permits:
Platting should occur prior to issuance of building permits in
order to assure that problems with ownership, legal descriptions,
easements, and setbacks do not occur and disrupt the construction
schedule or require changes to the proposed development. For
example, the landscape plan shows trees being planted directly
upon an existing City water main this situation would be
noted and clarified during the platting process.
The Planning and Engineering Departments are agreeable to some
concession on this item. At the minimum we would like to have a
plat submitted and reviewed at the staff level prior to
proceeding with construction. Formal (final) action could occur
subsequent to issuance of building permits.
TO: Walter o. ~arry, City Manager
RE: City Commission Documentation
Regular Meeting of May 10, 1988
St. Mary's The Virgin Church - Conditional Use and Site Plan
Page 3
Directive to issue a building permit: It
issue such a directive. The construction
approved, but are being processed. Each
above;
is inappropriate to
plans have not been
of the three items
* Approval of the conditional use and site plan,
* Verification of the satisfactory resolution of the
questions of street improvements, and
* Waiver of the platting requirement from prior to building
permit issuance to prior to issuance of Certificate of
Occupancy, with the considerations mentioned,
would be necessary for the Commission to affirmatively act upon
the applicants request for building permit issuance.
If all of these items are addressed, construction permits could
be issued upon satisfactory compliance with normal Building
Department procedures.
CONCLUSION:
Therefore, four questions should be addressed and resolved by the
City Commission.
1. Can the conditional use and site plan be approved by the
City although it appears that the Planning and Zoning
Board's recommendation has expired?
2. Have the street improvement requirements been
satisfactorily addressed, thereby voiding the applicants
request that they be waived?
3. Is a waiver of the requirement for plat approval prior
to building permit issuance appropriate in this case?
4. If these three items are answered affirmatively, should
a building permit be issued upon satisfactory review and
approval of the building plans?
c: Gerry Church, City Engineer
Martin O'Shea, C.B.O. (Acting)
Robert Pontek, Director of Utilities
Project File
ref:A:mary
i-'L-i 1\1, I 1\1
I' I r-,L
l... ~ T ~~~
DELRAY BEA[H
CORRES. ONDENCE
TO
~ Thiele, City Attorney
.L L.i~~'~'.)~
~~J. Kovacs, Director
Department of Planning and Zoning
IROM
';Ut:L1l C1
STATUS OF CONDITIONAL USE REQUEST, ST. MARY'S THE VIRGIN CHURCH
, :.11
4-25-88
Situation:
Formally, on January 14, 1986, the City sold land (per City
Commission minutes) to a party who wished to construct a church
on the site. The property is located in the southeast corner of
Atlantic Avenue and Homewood Boulevard.
Subsequently, a conditional use request and site plan was
processed through the Planning and Zoning Board level only. The
Board recommended approval, subject to numerous conditions, on
September 22, 1986. Two conditions addressed the time frame for
which the approval was valid. These were:
17. This approval will expire within eighteen (18) months
unless at least twenty-five (25%) percent of the total
cost of improvements are made by that time. If the
approval expires, request for extension must be made in
accordance with Section 30-22(E) of the Zoning Code.
Comment:
An eighteen month period has expired since
the Board's action; however, the project
not proceed to the City Commission so it
not formally "approved".
did
was
18. This approval will expire unless three (3) copies of
the revised plans addressing all the conditions noted
above are submitted to the Planning Department within
thirty (30) days of the City Council's approval.
.
Revised plans were not submitted until an
inquiry was made this year. Further, the
above condition is rather pro-forma and
cannot really be met in that some of the
conditions require replatting which
is a different submissio~ all together.
Comment:
Apparently, after Planning and Zoning Board action there were
questions raised about the existence of deed restrictions and/or
ownership. Stan Weedon, then Acting Director, recalls being told
the item was set aside because of such restrictions. There is
nothing written . regarding such direction. Do you have any
knowledge of the subject of deed restrictions on this property?
T.I' Eff(lFI A,:...... M/'!CI.,.
TO: Herb Thi e, ~ity Attorney
RE: Status ot conditional Use Request, Sc. Mary's the
Virgin Church
Page 2
Requested Opinion:
What is the status of this item? Will it be necessary for:
a) reprocessing as a new submission?
b) pick-up from where it left off in September, 1986?
Attachment:
- Kovacs letter of April 25, 1988, to Digby
Bridges
c: Walter o. Barry, City Manager
Elizabeth Arnau, City Clerk
Project File 6-161
ref:DK#19/A:castmary
.
[ITY OF DElRAY BEA[H
Till ',\'.' t : ,~'-, I r\ II
1'1
I"'"
April 25, 1988
Digby Bridges, Marsh, & Associates, Inc.
Architects and Planners
124 N.E. 5th Avenue
Delray Beach, Florida 33444
Re: Saint Mary's The Virgin Church
Dear Digby,
A recent inquiry has caused a review of the file for this
project. In reviewing the file it appears that since an
appearance before the Planning and Zoning Board on September 22,
1986, there has been no activity on the project. Under separate
cover, I have inquired of the City Attorney as to the legal
status of the project and whether or not it must be reprocessed
in its entire,ty.
The Planning and Zoning Board recommendation
1986, contained nineteen (19) conditions of
convenience I have regrouped (and editorialized)
(with original numbers) as follows:
of September 22,
approval. For
those conditions
Site Plan and Landscapinq Plan Items:
~1. provision of sod and irrigation to edges of pavement where
adjacent to rights-of-way.
') . 1>
\1'"
...--- 4.
Addition of a stop sign on the west drive aisle.
/5.
Add obscuring gates to the dumpster enclosure.
8c. Landscaping on stablized sod area to be per Chapter 9,
Article X regulations.
,
../ 11.
Show ultimate right-of-way for
then review site plan re setback
with same.
Atlantic and Homewood and
and landscaping compliance
13. On-site traffic plan showing all traffic signs and painted
pavement markings ....
15. Show utility easements on the site plan and landscaping plan
so that conflicts with structures, shrubs, or trees can be
identified.
THr E" ,,,-, A, ','",
M:.:., ,"
TO: Digby Br. Jes
RE: St. Mary's The Virgin Church
Page 2
c//19. Add a three foot (3') hedge in the landscape area adjacent
to Lot 5 of Golfview Estates.
Platting and Engineering Plans:
2. A replat is required.
6. Updated survey is required (will be accepted with the plat
submission) .
7. Request abandonment of the former Homewood Boulevard 80'
right-of-way as a part of replat action. Comment: it appears
that the abandonment was actually accomplished in 1983 but
the existence of the right-of-way was shown on the survey
and was a cQndition of sale. It appears that the need to
process an abandonment was not questioned during the 1986
review.
9. Provide extended topography with the replat submission.
10. Show status of improvements within and along adjacent
rights-of-way with the replat submission.
11. Provide for dedication of rights-of-way, as appropriate, on
the replat.
12. Provide improvement plans for turning lanes (entering the
site) with the right turn lane extended to Atlantic.
14.
Provide status of SFWMD and LWOD
from the City Engineer with
drainage plans.
permits. Addressed comments
respect to the submitted
15. Dedicate utility easements on the replat.
16.
Make arrangements with the City Engineer
installation of public improvements and financial
for same.
regarding
guarantee
Procedural Ite~s:
3. Sidewalk waiver has been recommended by the Planning and
Zoning Board. Final action is by the City Commission.
8a & 8b
Use of stabilized sod and elimination of carstops in
the stablized sod area have been recommended by the
Planning and Zoning Board. Final action is by the City
Commission.
TO:
RE:
Digby P
St. Mar,
Page 3
jges
s The Virgin Church
17.
Eighteen (18) month approval period. This period
expired based upon a September 22, 1986, action by
Planning and Zoning Board. Planning has referred to the
Attorney for an opinion.
has
the
City
18.
Thirty (30) day
retain approval.
Commission action
the City Attorney
requirement for revised plans in order to
Does not appear appropriate in that City
did not occur. Planning has referred to
for an opinion.
Whether or not a full reprocessing is necessary, the fOllowing
needs to be accommodated:
a)
revisions to site
the items called
previously listed;
plan and landscaping plan
out in the first group
reflecting
of items
b) submission of a replat (this replat will be treated as
a subdivision plat since it involves the dedication of
right-of-way)', it must address the items called out in
the second group of items previously listed.
These above items must be fully processed prior to the Building
Department accepting a submission for plan check.
The Planning and Zoning Board minutes reflect that you would be
meeting with the Engineering Department to resolve problems
pertaining to right-of-way. There is no correspondence in our
file on this matter. Also, Stan Weedon recalls that a problem
related to a deed restriction on certain lots clouded the Board's
action and/or that there were problems regarding land ownership:
thus further processing was placed on hold until such time as the
agent proceeded to resolve such matters. Any information which
you have regarding either the right-of-way improvements or the
ownership issue would be appreciated. Upon receipt of such
information along with the City Attorney's opinion (which I have
requested), updated site and landscaping plans, and the plat
submittal, this project can be reactivated.
Cordially,
('\ ~_J~~~UU)~
~id J. Kovacs, Director
Department of Planning and Zoning
c: Bill Koch, Project Representative (900 E. Atlantic 33483)
Walter o. Barry, City Manager
Herb Thiele, City Attorney
Gerry Church, City Engineer
Martin O'Shea, C.B.O. (Acting)
Project File
U t:. t-' A h . t\ ':.1 \4 I A L
CORRESPONDENCE
La.., UI-
DELAAY BEA[H
TO David Kovacs, Planning Director
rR~ ~erald B. Church, City Engineer/Acting
r ~ of Public Works
Director
SUBJECT REMAINING ENGINEERING COMMENTS - ST. MARY'S CHURCH - SITE PLAN
""' If 4/29/88
1- Replatting is required.
2- Construct sidewalks on Atlantic Avenue and Homewood Blvd.
3- Submit topography SO' offsets.
4- Define a left turn lane, southbound, on Homewood Blvd. at the entrance.
5- Submit a traffic impact analysis addressing the level of service for
Atlantic Avenue and Homewood Blvd. in the area of the project as well
as required traffic improvements.
GBC:mc
.,
RECEIVED
APR 2 9 1988
;
PLANnlNG
\,.
THE Ef'r-ORT AI~WAYS MA1TlH~
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE
';.,11 i
",;, III.;
III II, \ 'I III \ ( II. I I ( ) I{ [ I ) \ ,;,;..;.!>_~
I ~ ~..;.; '", '
I~EMORANDUM
Date: May 4, 1988
To: Walter o. Barry, City Manager
Fl"Orn: Susan A. Ruby, Assistant City Attorney
Subject: Sunbelt-Denntronics Cable Ltd.'s Request for A Waiver
Fredric E. Epstein, attorney for Sunbelt-Denntronics Cable,
Ltd. requests a waiver of Chapter 10, Section 10-8{c) of the
Code of Ordinances of the City of Delray Beach, to permit the
cable franchisee to locate its office outside the City. The
franchisee, and the property owner. agree, as a condition of the
waiver, that the waiver shall be contingent upon annexation
when the property becomes contiguous.
Please place the consideration of this request on the May 10,
1988 agenda for direction on this matter. If the City
Commission directs consideration of this waiver request, please
place the waiver request on the May 24, 1988 agenda for a
'public hearing. The public hearing should be noticed ten (10)
days prior to the public hearing, pursuant to Chapter 2,
Section 2-9 of the City's Code.
~i
Attachments
cc Elizabeth Arnau, City Clerk
Don Foster, Vice-President and General Manager
Sunbelt-Denntronics Cable, Ltd.
Fredric E. Epstein, Esq.
L.
./' , b ~ 1\ t l.. t. IV E D
LAW OFCICES lJ.- 'f./' APR :2 :2 \988
BOOSE CASEY CIKLIN LU61TZ MARTENS McBANE 8c O'CONNELL
A ~ARTNERSHIP INCL.UOING PROFESSIONAL ASSOCIATIONS CITY MANAGER'S (WnCE
BRUCE G. AL.EXANDER
FLETCI-lER N. BALDWIN, m
,JERALD S. BEER
WILLIAM R. BOOSE, m, p, A.
...JOHN D. BOYKIN
F'ATRICK ..J. CASEY, P. A.
ALAN,J. CIKLIN. P. A.
CORY,J. CIKLIN
MICHAEL W. CONNORS
ROBERT L. CRANE
8. ..JEANE CRIPl='EN
F"REDRIC E, EPSTIEN
MICI-!AEL M. GFESSER
LEE B. GORDON
MICHAEL D. GOROON
MIKEL D. GREENE
LYNOA J. HAR,RIS. P. A.
DANIEL A. HERSI-IMAN
DEBRA A. ..JENKS
BRIAN e, JOSLYN
CHAF=lLES A. LUBITZ, P. A.
RICHARD L MARTENS, P. A.
LOUIS R. MCBANE. P. A.
CLAUDIA M. MCKENNA
BRIAN M. O'CONNELL, P. A.
PHIL D. O'CONNELL, ,JR" 1=', A
..JUl..IEANN RICO
STEPHEN L. SHOCHET
SAMUEL.4,. THOMAS
SUSAN WILl-lAMS
PHILLIP D. O'CONNELL, SR. (1907"987)
OF COUNSEL
ALAN ,.J. ROGERS
NORTH BRIDGE TOWER I . 19T>o FLOOR
515 NORTH F"LAGLER DRIVE
p, 0_ DRAWER 024626
WEST PALM BEACH, FL.OI=tIOA 33402.0415215
TELEPHONE (305) 832-5900
TELECOPIER (305) 833-4209
April 21, 1988
Mr. Walter Berry
City Manager
City of De1ray Beach
100 N.W. First Avenue
Delray Beach, FL 33444
Re: Sunbe1t-Denntronics Cable Ltd. Reauest for Waiver
and Approval of Relocation of Office Service Center
Dear Mr. Berry:
The undersigned represents Sunbe1t-Denntronics Cable Ltd.
(" Sunbel t"), a franchised cable telev is ion operator operating in
the City of De1ray Beach.
I believe you have met with Donald Foster, Vice President and
General Manager of Sunbelt, with respect to Sunbelt's desire to
relocate its existing office service center located at 1458 S.W.
Tenth Street, Warehouse Unit No.3, to the Delray Office Plaza,
located at 4723 West Atlantic Avenue, in order to more effectively
and efficiently serve its De1ray Beach cable customers. As you know,
the Delray Office Plaza is adjacent to but outside of the current
city limits of the City of De1ray Beach.
We hereby respectfully request the City to waive that portion
of Section 10.8(c) of Ordinance No. 47-87 which requires Sunbelt
to maintain an office and service center within the City of Delray
Beach. He would request that such waiver be effective for the
entire term of the De1ray Office Plaza lease, and any renewals
thereof. Sunbe1t will continue to comply with all other portions
of Section 10.8(c) of Ordinance No.47-87, including, but not
limited to, that office and service center shall be open during all
normal business hours, have a publicly listed telephone, and
receive complaints and requests for repairs on a 24-hour, 7-day a
week basis.
I believe you are aware that Sunbelt has attempted to relocate
its office to another site within the City limits and, in fact,
has considered two other sites that would meet its needs but
unfortunately could not work out a mutually satisfactory lease.
Nonetheless, Sunbe1t believes its subscribers would reap the
benefits of the Delray Office Plaza location since the office
would be located on a major roadway directly in Sunbelt's cable
television service area. More importantly, it would enable
Sunbelt to have its office hooked into Sunbe1t's cable system to
more efficiently and effectively monitor the quality of Sunbe1t's
cable television signal provided to its customers.
I understand that the proper procedure for the partial waiver
of Section 10.8 (c) is found in Section 2-9 of the De1ray Beach
city Code. We respectfully request that the City take whatever
actions are appropriate so we can accomplish and conclude this
matter as soon as possib1 e. Our exi st ing off i ce and se rv i ce
center currently being rented on a month-to-month basis and we
would like to move to our new and improved location as soon as
possible.
We appreciate your assistance in this matter and stand ready to
cooperate and provide any additional information that you may require
to approve this minor waiver of a limited portion Section 10.8(c)
of Ordinance No. 47-87 which will result in the ability of Sunbe1t
to better serve its De1ray Beach cable television subscribers.
If you have any questions, please feel free to contact me at your
convenience. I will wait to hear from you with respect to proceeding
in this matter.
FEE:tdb
cc: Hon. Mayor Doak S. Campbell, III
Susan Ruby, Esq.
Mr. David J. Kovacs, City of Delray Beach Planning Director
Mr. Donald Foster
Ut:.t"" J-\H IIVil..:I'I I f\L
CORRESP~NDENCE
liT... UF
.JElAAY BEA[H
~~~
TO Walter O. Barry, City Manager
Thru: David J. Kovacs, Planning Director /fJ!' 4).;
FROM Dorothy \!;.~Ellington, Planner' II
JE Agenda Request to Amend Ordinance #13-87 Historic Preservation to
SUB CT
Provide for Alternate Members. (Ordinance //30-88)
OAF May 5, 1988
ITEM BEFORE THE BOARD
The action being requested
approval, on 1st reading, an
and Section 31-4(1) of the
action is necessary in order
of the Historic Preservation
members' terms of office.
from the Commission is that of
ordinance amending Section 31-3(1)
Historic Preservation Code. This
to provide for 2 alternate members
Board and to provide for alternate
BACKGROUND
The Historic Preservation Board was established by Ordinance
#13-87, March 10, 1987. Article II of Ordinance 13-87 provides
for a seven-member Board appointed by the City Council but with
no provisions for al terna te members. The Board decided at the
meeting of April 14, 1988 by unanimous vote to amend the
ordinance so that alternate members would be available in the
absence or disability of regular Board members.
This action requires Commission approval and enactment by
ordinance.
ALTERNATIVE ACTION
1. Approve Ordinance #30-88 on first reading.
2. Continue with direction.
RECOMMENDED ACTION
Adopt Ordinance #30-88 on first reading.
c: Elizabeth Arnau, City Clerk
Pat Healey, Chairman Historic Preservation Board
i~
eM 362
THE EFFORT ALWAYS MATTERS
.--.-'
CITY COMHISSION
(J f ,-' (( ,,"- I I
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
Samuel M. DeOto
NAME
518 Rye Lane, Delray Beach, FL 33444
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
330-A N.E. 4th Street, Delray Beach, FL 33444
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
276-6899
HOME PHONE
276-5407
BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Code Enforcement Board or
P'~nin0 ~n~ ?~nin0 R~~rn
LIST ALL CITY BOARDS ON WHICHY~U ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) None
EDUCATIONAL QUALIFICATIONS Younqstown State universit:, Youn~stown,
~:~~:~e ~~ ~""'ine'"'' Anmini",tri'ltion. 1968 - Cardin 1 Moon y Hiqh
S""hno'. '9~C::;
Ohio
LIST &NY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
State Certified General Contractor - Since 1982 _ CGC 023784
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION DeOto & Associates,
Inc. - Owner/ President
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON
THIS BOARD. 20 rs. Construction ex erience in all ~hases from Planninq,
~~~e~~~~~~t~.Mi'lni'lOe~ent and Construction of i'l variety of Commercii'll
~nn RA~'nAnr,~l PrnJQ~r~
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FAC1"S CONTAINED IN THIS
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I
RECEIVE.
L~(!'771 B.,()J?-
SIGNA URE
AND
AP-
MAY
February 9, 1988
DATE
IY
SAMUEL M. DeOTO
BRIEF RESUME
Ten (IO) years a Resident of Delray Beach at:
518 Rye Lane
Moved to Fort Lauderdale in 1968:
My Objective is to help serve the Community by Becoming an Active
member on City Boards.
Married for Sixteen (16) years to Norma R. DeOto
Activities of Golf and Fishing
Attached Resume of Work History
Thank You for your time and Consideration as a Board Member.
Samuel M. DeOto
~~tu/J/J72 6e ~
SAMUEL M. DeOTO
518 Rye Lane
Delray Beach, Florida 33444
(305) 276-6899
FLORIDA GENERAL CONTRACTOR
WORK HISTORY
1984-1987 President, DeOto & Associates, Inc., De1ray
Beach, Florida
1983-1984 Project Manager, Commercial Center Development
Corporation, Boca Raton, Florida
Construction manager of seven (7) shopping center
developments from permitting thru tenant occupancy
1981-1983 Project Manager/Superintendent, Gene A. Bernard &
Associates, Inc., General Contractor, Lake Park,
Florida
Del Mar Shopping Village, 140,500 s.f.,$4.5 million
Sea Gate Beach Club, Renovation, $1.3 million
1980-1981 Project Manager, Meadowbrook Lakes, Inc., OWner/
Developer, Dania, Florida
Meadowbrook Square Shopping Center, 100,000 s.f.,
$4.0 million
1978-1980 Project Superintendent, Gene A. Bernard & Associates,
Inc., General Contractors, Lake Park, Florida
The Arbor Shopping Center, 75,000 s.f., $1.8 million
Trail Plaza Shopping Center, 50,000 s.f., $1.0 million
Private Residence, 3,000 s.f.
1976-1978 Pro.ect Su erindentent/Genera1 Foreman, Garden
Commerc a BUllders, Inc., Fort Lau erdale, Florida
De1ray Medical Center, 30,000 s.f., $1.0 million
John U. Lloyd State Park, Dania, Florida, $1.0 million
1968-1976
EDUCATION Youngstown State University, Youngstown, Ohio
College of Business Administration, 1968
CITY OF DEL RAY BEACH
BOARD MEMBER APPLICATION
HELENE SAFRAN EGELMAN
NAME
2437 N.W. 9th Street, Delray Beach, FL 33445
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
?7R ?qqq
HOME PHONE
BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
Pl~nr]irl~ ~nrl ~nnill~ Rn~rrl
.
LIST ALL CITY BOARDS ON WHICH YOU ARE CUR~ENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
EDUCATIONAL QUALIFICATIONSB.A. Qu",-,,,,, Cull""", Qu"""", N.Y. 1":53
il.A.. QU'CCl.l.::J Cull'C:::lcl QU.'C'ClJ.uf No';. 13"7Z
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
Salesman, Real Estate (licensed since 1983),currently "inactive"
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
Salesman, Action Realty, Delray Beach, FL
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON
THIS BOARD. Broad kno~ledge of Delray Beach 0ained through Zive years
of sellln~ real estate In ttllS areQ
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I
RECEIVE.
~!r-
AND
AP-
MAY
~(,A' _
4/4/88
DATE
RESUME
NAME: Helene Safran Egelman
ADDRESS:2437 N.W. 9th Street
Delray Beach, FL 33445
TELEPHONE: 278-2999
AGE: 54
MARITAL STATUS: Married, 3 children
Resident of Palm Beach County since 1979. Resident of
Delray Beach since 1981.
EDUCATION: B.A., Queens College
M.A., Queens College
1953
1972
WORK EXPERIENCE:
Social Worker, Samuel Schulman Institute, Bklyn, N.Y.
Real Estate Sales, Action Realty, Delray Beach, FL
1970-1979
1983-1987
Currently hold an "inactive" status Real Estate license
ADVISORY POSITIONS HELD: Board of Directors, Brookly united Methodist
Church Home, Bklyn, N.Y. 1975-1979
CITY OF DELRAY BEACH
BOARD MEMBER APPklQATION
CO~TfI ];;IN/N(j5
NAf1E n il
30/5 :5f/ci!wooD 131..vD. UL/YJY [Xlf!, FL. 33'-1'15
HOME STREET ADDRESS, CITY, ZIP '(LEGAL RESIDENCE)'
--- 'C r> Off! I: n /.} 0'2
JrWvi^!C;,<j I LOIC/ST, 'lOr;, f'JI / lii/f, L./cLR-AY afl, FL. ::53'16 )
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
LJ.9?- 50'15
HOME PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
d7;?, '/00/
BUSINESS PHONE
PLA^JN/Nrj l ZONING;
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) ~f ~
GIVE YOUR. PRES~N'J:, OR 110~T RECENT J:M~LOYER, AND POSITION
~ t:itf:'1Jnif AjA/>lLf>./ l'ft-,'j
DESCRIBE EXPERIE C S, S
THIS IBOA D. I'
EDUqTIONAL QUALIFICAll.ONS ~ iB -1<M1iY'1. f\/.ud.F~ rI "~'U}.~-&rr.1'j
__ /~, ./'Y110~~___H_-
LIST~~Y RE TED PROFE~SIONAL C~Rf~FICftTIONS~ND LICE~SES WHICH YOU HOLD.
!J.€.;, }L!..f/if...{"~U f.A.Hr-.10 d.1./'(y,-~/ //l/tIda.('(~r/1./oc,<,
.odl r/nt~~(-. {
t l!
v
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 AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY' APPOINTMENT I MAY
RECEIVE.
&:rju~o~
SIGNAT E
sh/~p
/ DATE
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
::";"'/; i1'1JY1! s:.5., o,J
C ,,'-( L 1--6 "I-<,
James Lamar Shuler
NAME
606 W. Atlantic Avenue, Delray Beahh, Florida
HOME STREET ADDRESS, CITY; ZIP (LEGAL RESIDENCE)
606 W. Atlantic Avenue, Delray Beach, Florida
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
33444
33444
407-265-061'3
HOME PHONE
407-265-0622
BUSINESS PHONE
Delray Beach City
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
. Planning and Zoning Board
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSL
SERVED (Please include dates) None
EDUCATIONAL QUALIFICATIONS Public School, SD Spady Elementary, Delray
t f Atlantic Hi h School Graduate, Associate of Science De ree in
Science Miami Dade Commun~t 0 ege, Miam1.
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
icensed as an mbalmer and funeral director
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
Self Employed
DESCRIBE EXPERIENCES,
THIS BOARD. 'e
Skill and Know edge
SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO
e in servin the ublic for man., J ears.
to Contract and buil business.
SERVE 01
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE ANt
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
RECEIVE.
/;: ./'"
" (~.
. "- '.:-."<;;;. ,,-'
//f'.'/'~_~=.__
.'....., ~ " ~
SIGNATURE
April 26, 1988
DATE
~4ultr)1i :lItmnrhd Qt4aptl, Jnc.
606 W. Atlantic Avenue. P.O. Box 1388 . Delray Beach, FL 33447
(305) 265.0622 or 265-0633
J.m.. L.mlt Shuler, L.F.D.
RESUME
PERSONAL DATA:
Native of Delray Beach, Florida
Born August 14, 1953
Married - Wife, Karen Shuler
RELIGIOUS AFFILIATIONS:
Member of Greater Mt. Olive Baptist Church
Delray Beach, Florida
EDUCATION:
Public School of Palm Beach County _
S D Spady Elementary, Delray Beach, Florida
Graduate - Atlantic High School, Delray Beach, Florida
Graduate - Associate of Science Degree in Mortuary
Science, Miami Dade, Miami, Florida
Community College of Miami, Miami, Florida
PROFESSIONAL DATA:
Licensed as a funeral director and embalmer
FRATERNAL & SOCIAL AFFILIATIONS:
Delray Beach Masonic Lodge #275
Phi Beta Sigma Fraternity Inc.
Epsilon Nu Delta Fraternity
Secretary - First Regional District of Florida
Mortician Association
SGT.-At-Arms - National Mortician Association
Delray Beach Voters League
REFERENCES:
Mr. Spencer Pompey
1122 NW 2nd Street
Delray Beach, Florida Ph: 276-4090
Councilman Jimmy Weatherspoon
130 NW 8th Avenue
Delray Beach, Florida Ph: 278-8779
DEPARTMENTAL
CORRESP0NDENCE
[ITY DF
DELRAY BEA[H
7~(j
TO Walter O. Barry, City Manager
FROM f~Gerald B. Church, City Engineer
SUBJECT
Drainage Project - Jasmine Drive & Cypress Drive
DATE 4/13/88
On October 27, 1987, the City Commission awarded the subject
contract to Malloy Brothers in the amount of $29,150. The
contractor had completed work on Jasmine Drive and started
construction on Cypress Drive when it was discovered that the
elevations shown on the Cypress Drive plans were approximately
1 foot lower than actual. If the contractor had installed the
pipes at the plan elevations, not enough cover would have been
provided to protect the pipes. However, the contractor was not
willing to install the pipes a foot deeper at the contract unit
prices since the additional foot meant the installation would be
in groundwater. As a solution, Section 20 of the General Condit-
ions of the Contract was put into effect and the pipes were in-
stalled at the lower depth on a Cost-PIus-Percentage basis.
Labor, material and equipment costs were recorded and verified by
this office and the allowable overhead and profit percentages
were applied to determine the actual cost.
The additional cost amounted to $12,079.99, making the final
contract amount $41,229.99. It should be noted that the second
'low bidder on the project had bid $48,569.50, therefore the final
project cost was still over $7,000 less than the second low
bidder.
Change Order No.1, in the amount of $12,079.99, is attached for
City Commission approval. Also attached is an Agenda Request form
for the item. The additional funds required for the Change Order
are to come from the 1987 Utility Tax Bond Issue.
GDC: GBC': j i
ilo
CM 362
THE EFFORT ALWAYS MATTERS
,
CHANGE ORDER
No. 1
Dated
March 17,
,198L
Project No.
p'roject Name:
Drainaae proiect No. OA-1A-A7nR
.
Jasmine Drive & Cypress Drive Tropic Isle
. Owner: City of Delray, Beach, Florida
Contractor:
Molloy Bros. Inc.
Contract Date:'
October 30, 1987
To:
Molloy Bros. Inc.
.
, Contractor
You are directed to make the following changes in the subject contract:
1. Frame & Grate
2. Concrete Aprons
3. Time & Materials
which changes are more specifically described in the attached amended plans, drawings, an
specifications.
The reason for the change is as follows: The elevations for Cypress Drive as shown in the
contract plans are in error.
'.
.....
The contract price and contract time shall be adjusted because of such changes as follows:
A. Contract Price
1. Contract price prior to this change order: $29,150,00
Page One of Two Pages
CHANGE ORDER #
2. Net increase resulting from this change .order:
$12,079.99
3. Current contract price including this change order: $41,229.99
B. Contract Time
1. Contract time prior to this change order:
2. Net increase resulting from this change order:
3. Current contract time including this change order:
City of Delray Beach, Florida, OWNER
By:
Attest:
City Clerk
City of Delray Beach
Approved as to form:
City Attorney
. The 4bove changes are accepted on March 17. , 198.fL-. I understand that all 1
provisions of the Contract Document related to Project No. 08-18-87-DB which are r
inconsistent with the terms of this Change Order shall remain in effect and apply to all w(
undertaken pursuan~ to. this Change Order.
Witness:
S-~~L:.\-t~
As to Contractor
M~ros. Inc..
\ . A~Jt1~
itle
. CONTRACTOR
By:
President
.!'''~.
Page Two of ~vo Pages
.'
HORNSBY & WHISENAND
l:>"'ortS$IONAI.. ASSOCIATION \...
ATTORNEYS AT t..AW
1110 B~ICKE,-L. AVENUE. PENTHOUSe::
MIA...'iI, FL01UDA 33131
Ap r i 1 20, 1988
TEL.EPi-lONE
(3015) 371-6"'641
TEL.ECOPIER
(305) 371-49041
INTERNATIONAL. TEl..EX
4041207 C""JW
VIA FEDERAL EXPRESS
nEC;:'!V~:C:1 ':.H,!:
i-{ .. .~..~_'-,-'?_'? .h
C;~Y" .:~~;,.,,~,:.~./;.'; ,'''jlii:;fr
C::y ,~;: ",;;;'.:',1:.' 2('Qct~
Herbert W.A. Thiele, Esq.
Ci ty At torney
City of Delray Beach
City Hall
100 N.W. First Avenue
Delray Beach, Florida 33444
Dear Mr. Thiele:
It is our understanding that the City Council of the City of
Delray Beach has authorized the retention of legal counsel for
the purpose of researching and prepar ing a report for the Ci ty
Council pertaining to recent Palm Beach County School Board
actions involving the integration of the City's public schools.
The report will analyze the School Board integration plan with
respect to the governing federal district court orders and
general jUdicial and statutory law and will address a plan which
can be implemented to integrate the City's public schools in a
manner that is consistent with legal requirements and beneficial
to the corrmuni ty. Also, the Ci ty wants to address the issue of
its standing to sue to implement, if necessary, its action
plan. We understand that the City Council has authorized
expenses up to $4,000 for the completion of this report. We
would appreciate the opportunity to serve your corrmunity by
undertaking this project and preparing the report.
Hornsby &: Whi senand' s legal phi losophy not only encompasses
an expert i se in the pract i ce of law, but also includes a des i re
to structure projects that will satisfy the beneficial interests
of our clients. Lawyers in our firm are familiar with and have
specifically reviewed the questions of school desegregation and
schoOl integration. Rick Gross of our firm has written papers on
this issue. If it is ultimately necessary, attorneys in our firm
have extensive litigation experience in all state and federal
courts.
We would greatly appreciate the opportunity to submit this
proposal for the Ci ty Counc ii's cons idera t ion. We trust that the
[7
"
Hebert W.A. Thiele, Esq.
Ap r i I 20, 1988
Page 2
report will result in a program which would help to alleviate the
concerns of the corrmuni ty pursuant to the integration issue, and
also encompass those programs that the City and corrmunity sup-
port.
Based on our understanding of the time limitations involved
in the completion of the project, we believe we can prepare the
report in the time frame requested by the Ci ty Counci I. Because
of the inmediacy of the need for completion of the project, we
need the following documents:
1. The Federal District Court Order pertaining to the
integration of the City's public schools;
2. Any programs that the Palm Beach County School Board
has reviewed or adopted pursuant to implementing an
integration plan for the School District;
3. Any other documents relating to the integration issue
including, but not limited to, other plans formulated
by the Ci ty Counc i I of the Ci ty of Delray Beach, any
busing plans that have been implemented or suggested as
a means to alleviate the integration problem, and any
studies done by experts in the field of integration
that would be useful in putting together a proposal for
the County School Board approval.
Again, let me thank you for the Opportuni ty to serve the
City in this manner. If you have any further questions, or if I
can be of any further service to you at this point, please con-
tact me at your convenience,
Sincerely,
'----R
D. Whisenand
8COl39
HORNSBY & WHISENAND
ll'ROI"E:SSIONAl.. ASSOCIATION
MEMORANDUM
TO:
City Conunission
FROM:
Chairperson, Civil Service Board
SUBJECT:
EXPIRATION OF TERM FOR LEO KIERSTEIN
DATE:
April 8, 1988
The term of Leo Kierstein has expired on April 1, 1988. He is
interested in being repappointed. He was originally appointed to
serve on the Board on September 18, 1984 to fill the unexpired term of
Leonard Syrop which ended on April 1, 1986. Subsequently, he was appointed
as a regular member to the Board on May 13, 1986 to a term ending on
April 1, 1988. Back-up material is attached.
7.) h' '/ A)/l J;j :5cJt/'r,j:rJ:i2C1./vvlJ'
VIRG~IA G. SCHMIDT, Chairperson
Civil Service Board
lamb
Attadunents
cc: City Manager
Members, Civil Service Board
1(6
E X C E R P T
MINUTES OF THE CIVIL SERVICE BOARD MEETING
MARCH 31, 1988 AT 3:00 P.M.
Others Present
Members Present
Herbert ~.A. Thiele, City At-
torney
Marty Buben, Personnel/Labor
Relations Director (arrived
later)
Virginia G. Schmidt, Chairperson
Milford Ross
Howard ~iener
Mrs. Schmidt called the meeting to order at 3:00 p.m. and the recording
secretary took the roll.
Mr. ~iener moved to approved the Minutes of October 15, 1987 with an addendum
provided by Mrs. Buben. Seconded by Mr. Ross. Passed unanimously.
Mr. ~iener moved to approve the Minutes from March 8, 1988. Seconded by Mr.
Ross. Passed unanimously.
It was noted that the term of Mr. Kierstein has expired. He was appointed by
the City Commission. A question was raised as to his eligibility for
reappointment. Mr. Thiele stated the Commission has not counted the time
served as an alternate nor is anything less than two years towards the two,
two-year limitations. A person may serve two, full, two-year terms as a
regular member. If a person has served two, full, two-year terms, he is not
eligible for reappointment, he added. Mr. Thiele felt that Mr. Kierstein had
been appointed to fill an unexpired term for someone else. Thus, Mr. Thiele
stated, he is eligible for reappointment since the term would not expire
until September of 1988. Mr. ~iener stated that a Commissioner has
approached him and asked if he would be interested in moving up from an
alternate to a regular member. Mrs. Schmidt requested that the recording
secretary contact Mr. Kierstein and ask him if he is interested in being
reappointed. She felt the matter of eligibility could be dealt with later.
Board of Trustees
CITY OF DELRA Y BEACH
POLICE AND FIREFIGHTERS RETIREMENT
100 N. W. 1st Avenue
Delray Beach, Florida 33444
M E M 0 RAN DUM
TO:
Nancy Roti
City Manager's office
FROM:
Lieutenant Gerald J. Paller, Jr.
Secretary to the Board
DATE: April 28, 1988
SUBJECT: POLICE AND FIRE PENSION BOARD TRUSTEES
please be advised that the terms of John Tranter, Robert. Brown,
II and myself expired on April 22, 1988.
Mr. Tranter has expressed a desire to continue in his capacity as
City appointed Trustee for another term and the Board members
present at the meeting on April 15, 1988 unanimously recommend
that he be reappointed.
Fire Fighter Lieutenant
his opposition and was
attached).
Robert Brown,
reelected
II
on
successfully defeated
April 15, 1988 (see
police Lieutenant Gerald J. Paller, Jr. had no opposition and
will continue to serve on the Pension Board.
Thank you for your assistance in this matter.
GJP/phc
cc: Elizabeth Arnau, City Clerk
Pension File
1(1
FROM
ACTING ASSISTANT CHIEF MICHAEL WIGDERSON
[ITY DF
OELRAY BEA[H
~~~
DEPARTMENTAL
CORRESF JNDENCE.
TO
ALL PERSONNEL
SUBJECT
ELECTION RESULTS
DATE
4/15/88
The Police and Firefighter's Retirement System election was
held on April 15, 1988 at Fire Department Headquarters.
The ballots were counted by Acting Assistant Chief Michael B.
Wigderson, Ellen Wickert and Tammy Rivera. The results from that
count was Robert Brown II - 46 ballots and B. Hal Knabb 17
ballots.
~/a/) 7f t://p"/.fD/~
Michael B. Wigderson
Acting Assistant Chief
MBW/tr
cc: Lieutenant Paller
"
eM 362
THE EFFORT ALWAYS MATTERS
(
, I f
i'/ .
, .
./ ...-'
j I
I /. J
" .7 ; !
'.- ~ '. '.'
r: "
<. ~
DELRAY BEACH POLICE DEPARTMENT
MEMORANDUH
TO:
All Sworn Personnel
FRO~l:
Chief Charles Kilgore
DATE:
April 5, 1988
PENSION BOARD
SUBJECT:
==================================================================
This is to advise that Lieutenant Paller's position on the Pension
Board will expire on April 22, 1988.
Anyone interested in this position should contact Patty Taylor no
later than April 13, 1988.
ppt
i(,/J-tl
J "t"~if r
? /,,4/ ~<
/tfi-'?
f'y'10RRISON AND SW;' ,<
CERTIFIED PUBLIC ACCOUNTANTS
DALE F. MORRISON CPA
STEPHEN R SWANK. CPA
April 26, 1988
1\t.LEi\l~D
APR 28 1988
CITY MAN.AGER'S n..ICE
Mr. Walter Barry
City Manager
100 Northwest First Avenue
De1ray Beach, Florida 33444
re: 1988 All-American Soap Box Derby
Dear Walter:
The 1988 All-American Soap Box Derby is scheduled for Saturday,
June 25th. A praC1:1Ce date of Sunday, June 19th, is also
required. This annual event is sponsored jointly by the Delray
Beach (Sunrise) Kiwanis and Boca Raton (Sunrise) Kiwanis clubs.
The Derby will start at approximately 9:00AM and last until mid-
afternoon.
As in the past, the race is held on the Linton Boulevard Bridge.
Obviously this requires that the bridge be closed to vehicular
traffic during the hours of the race. The races are actually run
down the eastbound lanes, leaving the westbound lanes open for
emergency vehicles.
We request that permission be granted to close the bridge on both
days from 7:00AM until the conclusion of the races. We will
supply ample barricades with appropriate "road closed" signage at
the Federal Highway and AlA intersections, similar to last year.
Adequate rest room facilities will also be provided through Waste
Management.
Enclosed is our Safety, Traffic, Parking, and site Plans for both
the practice day and race day.
Please notify us of any further procedures required to obtain
permission to follow through with the above.
Sincerely,
~~4~
Dale F. Morrison
Co-Director
1988 All-American Soap Box Derby
DFMjwp
Enclosure
cc: Edward Lundgren
"
9-1-. \
, )
..,/
777 EAST ATLANTIC AVENUE SU'TE 226 DELRAY BEACH. FLORIDA 334B3 (305) 278.1002 (305) 243.6311
19
Goldcoast All-American S
Box Derby
PRACTICE DATE:
RACE DATE:
RAIN DATE:
Sunday
saturday
Sunday
June 19, 1988
June 25, 1988
June 26, 1988
7:00 AM to 5:00 PM
7:00 AM to 5:00 PM
7:00 AM to 5:00 PM
SAFETY~ TRAFFIC, PARKING and SITE PLANS
Safety Plan
Pre-Race Day Safety Plans
All personnel working race day will be trained to perform their
tasks effectively. These include:
a. Patrol guards who maintain a clear track at all times by
keeping spectators in designated areas. Guards will be
stationed every IOO' on both sides of the course for the
entire length. These guards will include uniformed police
officers, park rangers, cadets, and Kiwanis Club members.
b. Barricade guards will be responsible for maintaining all
barricades and signs located on Linton, US1, and AlA. They
will also move the barricades to allow emergency vehicle
passage over the bridge. Barricade guards will have radio
communications to facilitate safe passage of emergency
vehicles.
c. Track Director assures a clear track and signals the Chief
Starter when the track is clear.
,
d. First Aid Director runs first aid station which will be
manned by EMT's and certified first aid personnel.
e. Safety stop crews are located on each lane who will slow
down and stop any cars that may experience a brake failure.
All race cars are built according to rigid safety specifications
as listed in the Soap Box Derby Official Rules Book.
Construction of brakes, steering, mounting of wheels and axles,
and allowable types of construction materials are all based on
safety considerations.
Specifically:
a. Brakes must be built exactly to plans.
b. Axles must be mounted with bolts and cotter-pinned.
c. Steering and brake cables are steel aircraft quality.
d. Front axle may pivot no more than 2 inches.
e. No glass allowed in construction of car.
Clinics and inspections will provide assistance to youngsters in
the construction of their cars and insure that all cars are
built to the proper safety standards. Inspections are scheduled
during the construction process to insure that cars are built by
the rules and incorporate all safety features.
Race Day Safety
Track Site Features
a. Straight course, no curves or turns.
b. Adequate stopping distance, 500' upgrade.
c. Low maximum speed of coaster cars, 22 MPH.
d. Drivers wear official Soap Box Derby helmets.
e. Hay bales or guard rails line the entire length and both
sides of the race course. Three rows of hay bales are
located at the end of the stop area tied together with rope
to prevent separation.
f. 36 inch saw horse type barricades line both sides of the
course and behind the spectator area to contain the crowd.
Rope connects these barricades with orange flagging tape
tied to the rope at close intervals to increase visibility
of this retainer.
g. Barricades will be located betweendrawspan and all other
race areas.
h. A first aid station, manned by persons certified in first
aid, will be set up near the finish line area.
i. Patrol guards consisting of police, park rangers, explorer
scouts and adult volunteers, will be stationed every 100
ft. along both sides of the entire course to contain the
crowd.
j. Bleachers, if available, will be provided for spectator
area.
k. Two safety stop crews for each lane will be provided to
stop cars in case of brake failure. . Crews will be
positioned before the final hay bale barrier.
USl and AlA Safety Features
a. Both entrances (USl and AlA) to be barricaded with
sufficient number of large corral type barricades to
completely close off Linton Boulevard.
b. Barricades wil be moved on designated lane to allow passage
of emergency vehicles.
c. Patrol guards will be on duty at both intersections to
allow passage of emergency vehicles.
d. Intersection patrol guards will be equipped with 2 way
radios to notify the other end of Linton of the passage of
emergency vehicles.
e. 36" x 48" signs indicating "Road Closed" and "Use Atlantic
Avenue" will be placed in the following locations:
1. North bound and south boumJlanes of AlA.
2. North bound and south bound lanes of USl at the
turn lanes.
3. Attached to all corral barricades blocking off
Linton Blvd. at USl and AlA.
4. Linton Blvd. east bound and west of USl.
5. "No Parking" signs to be installed along USl right
of way by Del;ay Beach Traffic Department.
Miscellaneous
a. Please see scale drawing for location of all traffic safety
items.
b.
Notification of Delray Beach Police, Fire and Rescue and
Palm Bea( County Sheriff's Office. '
Sufficien_ parking will be provided chrough the use of the
Harbor Center parking lot. Permission has been granted by
the owners, Knight Enterprises.
A $I,OOO,OOO Liability Insurance Policy and a $2,000
Medical Insurance Policy has been purchased for the
practice date and race date. These policies cover the
municipality, the county, all sponsoring agencies,
businesses, spectators, contestants, volunteers, and race
officials.
The Palm Beach County Health Department has been contacted
and has provided specifications as to sanitary stations
and food concessions. These specifications will be
followed.
c.
d.
e.
Worker and Spectator parkinq
Spectators and workers would park in the Harbor Center parking
lot which has ample parking based on numbers from last year.
Crowd Control
Twenty six guards are planned to guard the course. Ten more
guards will control the bleachers and intersections. These
guards will be composed of uniformed policemen, park rangers,
race workers, and Explorer Scouts. Teams will be organized to
relieve guards at reasonable intervals.
Sanitary Facilities
Sanitary facilities specifications as set forth by the County
Health Department will be followed. Concession stand rules and
regulations will also be adhered to. Sanitary facilities will be
located both in the Harbor Center parking lot and the Old Harbor
Plaza parking lot. These locations are convenient for spectators
located on both sides of the course. Trash cans will be located
in the spectator, concession, and hill top areas. Delray City
Sanitation cooperation is being sought on a contractual basis to
empty the trash cans both during the day and upon completion of
the activities.
Traffic Barricade System
a. Large 3 rail corral type barricades placed on each lane.
b. Signs consisting of "Road Closed" will be mounted on the
large barricades.
c. Patrol guards will be on duty at each intersection to
allow passage of emergency vehicles.
d. All signs and barricades will be per specifications of
De1ray Traffic Engineer.
Responsibility for Opening & Closing Linton & Maintenance of
Traffic Control Devices.
The sponsoring organizations, the Delray Beach Sunrise Kiwanis,
the Boca Raton Sunrise Kiwanis, and the Deerfield Beach Kiwanis
will be responsible for opening and closing, and periodic
inspection of all barricades and signs on AlA, USI, and Linton
Boulevard.
~here are five f.eguards to insure that r "acer passes the end
of the race cou. Co These safeguards are 0....1 designed to bring a
racer to a safe, non-violent, stop.
a. Each car has an approved and inspected braking system.
b. There is an upgrade in the roadway of the last 500 ft.
stopping area that will slow the racers considerably.
c. First safety stop crew stops the car using a heavy rope
held between two men. The rope rests on the pavement,
but is raised as a racer passes over catching around the
rear axle. The men holding the rope then slow the car
down.
d. Second safety stop crew performs in the same manner as the
first.
e. The final barrier is 3 solid rows of hay bales tied
together with rope to prevent them from separating.
Course Pavement Markings, Installation, Removal
The sponsoring organizations, Kiwanis, will install and remove
all pavement markings. These markings will consist of temporary
highway marking tape applied in six foot strips at six foot
intervals down the centerlines of each lane. This tape will also
be used as a finish line.
Installation/Maintenance/Removal/ Location of the Hay Bales or
Guard Rail
The sponsoring agencies, Kiwanis, will be responsible for the
aquisition, installation, maintenance, and removal of all hay
bales and guard rails. Please see scale drawing for locations.
One row of haY bales/guard rail will be placed along both sides
of the course. Three rows tied together with rope will be
located behind the safety stop crews and act as a final barrier.
Hay bales used as a barrier on the practice date, June 30, will
be removed and stored at a remote location until race day. In
the event of rain on the race day, all hay bales, barricades, and
other equipment will be stored on the empty lot north of Linton
and in the Harbor Center parking lot. Guards will provide
security overnight for the equipment until the rain date, July 7.
Property Owner's Consent
All affected property owners are being contacted and a complete
description of the plans and impact on their properties is being
supplied to them. Their consent, in writing, outlining their
awareness of the impact will be sought. Copies of these letters
of consent will be available.
Arrangements for Cleanup
All equipment, hay bales, and trash will be removed by the
sponsoring agencies or through contracted services. Clean-up of
all roadway, rights of way, and private property will be the
responsibility of the sponsoring agencies, Kiwanis. All cleanup
will be completed prior to the reopening .of the roadway.
DEPART~ ~ENTAL
CORRESPONDENCE
TO
Walter O. Barry
City Manager
[ITV DF
DELRAV BEA[H
~(i
FROM
Charles Kilgore
Chief of Police
SUBJECT
12aa 8LL=8~EBIC8~ S08e SOX DEBS~
05/02/88
DATE
Per your request. I am responding regarding police involvement in
the upcoming All-American Soap Box Derby. Contact has been made
with Co-Director Dale Morrison regarding the Police Department's
participation in this event. As in previous Years. the Police
Explorers will be available far crowd control and barricade
control. as well as one (1) uniform Pal ice Officer who wi 11 be
assigned to that detail while an duty. Mr. Morrison is confident
that this personnel allocation will satisfy the Soap Box Derby's
needs.
Respectfully submitted,
&
CHARLES KILGOR
Chief of Pal ice
-
gb
CM 362
THE EFFORT ALWAYS MATTERS
DEP ART~ "ENTAL
CORRESPUNDENCE.
TO
WALTER O. BARRY, CITY MANAGER
CITY DF
DElRAY BEA[H
~(i
FROM
KERRY B. KOEN, FIRE CHIEF
SUBJECT
1988 SOAP BOX DERBY
DATE
5/5/88
The above event has been successfully conducted at this location for
several years. We forsee no operational problems which can not be overcome
as we have in the past.
Our operations would be modified only to the extent that a Paramedic
Rescue Unit will be stationed at the event, maintaining the ability to
respond to alarms in the area. Beyond this, no other on-site Fire
Department support is required. East-west emergency access, using the
Linton Blvd. bridge will be maintained as in the past.
I will
arrangements
area.
have Capt. Trawick contact Dale Morrison to finalize
if permission is granted by the city to close the Linton Blvd.
1(~~.\G-
Kerry B. Koen
Fire Chief
KBK/mmh
cc: Chief Kilgore
Capt. Trawick w/Attachments
Asst. Chief Wigderson w/Attachments
Shift Commanders w/Attachments
Paramedic Lieutenants w/Attachments
CM 362
THE EFFORT ALWAYS MATTERS
RESOLUTION NO. 26-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 9, ARTICLE XIII OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE
BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY
BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO
ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH
ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORD-
ING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A
LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS;
PROVIDING FOR THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 9, Article XIII of the Code of Ordinances,
declared the existence of an unsafe building upon certain lots or
parcels of land, described in the list attached hereto and made a part
hereof, for violation of the building codes and building requirements
adopted by Chapter 9 and those Codes adopted in Chapter 11 of the Code
of Ordinances; and,
II
WHEREAS, pursuant to Chapter 9, Article XIII of the Code of
Ordinances of the City of Delray Beach, the Building Official or his
designated representative has inspected said land(s) and has determined
that an unsafe building existed in accordance with the standards set
forth in Chapter 9 and/or Chapter 11 of the Code of Ordinances, and did
furnish the respective owner(s) of the land(s) described in the attached
list with written notice of unsafe building and detailed report of
conditions and notice to vacate as the Building Official determined that
the building was manifestly unsafe and is considered a hazard to life
and public welfare pursuant to Chapter 9, Article XIII of the Code of
Ordinances describing the nature of the violations and sent notice that
the building was to be vacated within three (3) days from notice and
that the building was to be repaired or demolished; work must be begun
within sixty (60) days and all work must be completed within one hundred
and twenty (120) days, said notice also advised that all appeals must be
filed within thirty (30) days from the date of service of the notice and
failure to file an appeal or to make the repairs required that the
Building Official would have the authority to have the building demol-
ished from the date of the said notice; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 9-482 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 9-483 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Counci 1 a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Council of the City of Delray Beach, pursuant
to Chapter 9, Article VIII of the Code of Ordinances desires to assess
the cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcel (s) of land described in said report and in the amount (s) indi-
cated thereon. Said assessments so levied shall, if not paid within
c2/
thirty (30) days after mailing of the notice described in Section 9-483
become a lien upon the respective lots and parcells) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner (s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Council of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment (s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
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Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the
19
day
of
MAY 0 R
ATTEST:
City Clerk
- 2 -
Res. No. 26-88
NOrICE OF ASSESSMENr
Date
TO:
CB and Clara Hearst
ADDRESS :
205 NW 8th Avenue, Delrav Beach, FI 33444
PROPERTY:
613 NW 2nd Street, Delray Beach, FI 33444
LEGAL DESCRIPTICN:
E60' of W160' of 5135' of Block 10, Town of Linton, according to
Plat Book 1, Page 3 of the official records of Palm Beach County, FI
You, as the record owner of, or holder of an interest in,
property are hereby advised that a =st of $2,420.00
the City Council of the City of Delray Beach, Florida, dated
19 , has been levied against the al:ove-described property.
the al:ove-described
by resolution of
,
'!he =sts were incurred as a result of a nuisance abatement action regarding
the a!xlve-described property. You were given written notice on 7-20-87
that the building official has determined that a building located on the al:ove-
described property was unsafe. You were advised in that notice of the action to
be taken to remedy that unsafe =ndition and of the time within which the remedial
action was required to be taken.
x
You failed to appeal the decision of the building official to
the Board of Construction Appeals although you were informed
of your right to an appeal and of the procedures for obtaining
appeal. You have also failed to take the corrective action
required by the notice of the building official.
You appealed the decision of the building official to the
Board of Construction Appeals. You were given written
notification on that you were required
to take the =rrective action required by the decision of
the Board of Construction Appeals wi thin a stated period of
time. You failed to take the action as required by the order
of the Board of Construction Appeals.
The City of Delray Beach has therefore taken remedial action to rerrove the
unsafe =ndition existing on the al:ove-described property on 3-25-88
at a =st of $2,420.00 which includes a ten percent (10%)
administrative fee. If you fail to pay this cost within thirty (30) days, that
=st shall be re=rded on the Official Re=rds of Palm Beach County, Florida
against the al:ove-described property.
Copy of all notices referred to in this notice are available in the office
of the building official.
BY ORDER OF THE CITY COUNCIL.
City Clerk
RESOLUTION NO. 27-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 9, ARTICLE XIII OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE
BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY
BhACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO
ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH
ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORD-
ING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A
LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS;
PROVIDING FOR THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 9, Article XIII of the Code of Ordinances,
declared the existence of an unsafe building upon certain lots or
parcels of land, described in the list attached hereto and made a part
hereof, for violation of the building codes and building requirements
adopted by Chapter 9 and those Codes adopted in Chapter 11 of the Code
of Ordinances; and,
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WHEREAS, pursuant to Chapter 9, Article XIII of the Code of
Ordinances of the City of Delray Beach, the Building Official or his
designated representative has inspected said land(s) and has determined
that an unsafe building existed in accordance with the standards set
forth in Chapter 9 and/or Chapter II of the Code of Ordinances, and did
furnish the respective owner(s) of the land(s) described in the attached
list with written notice of unsafe building and detailed report of
conditions and notice to vacate as the Building Official determined that
the building was manifestly unsafe and is considered a hazard to life
and public welfare pursuant to Chapter 9, Article XIII of the Code of
Ordinances describing the nature of the violations and sent notice that
the building was to be vacated wi thin three (3) days from notice and
that the building was to be repaired or demOlished; work must be begun
within sixty (60) days and all work must be completed within one hundred
and twenty (120) days, said notice also advised that all appeals must be
filed within thirty (30) days from the date of service of the notice and
failure to file an appeal or to make the repairs required that the
Building Official would have the authority to have the building demol-
ished from the date of the said notice; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 9-482 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 9-483 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Council a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Council of the City of Delray Beach, pursuant
to Chapter 9, Article VIII of the Code of Ordinances desires to assess
the cost of said condition against said property owner(s).
"
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section I. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcells) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid wi thin
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thirty (30) days after mailing of the notice described in Section 9-483
become a lien upon the respective lots and parcells) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
wi th the same penal ties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. Tha t such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
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Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner (s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Council of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the
, 19
day
of
MAY 0 R
ATTEST:
City Clerk
- 2 -
Res. No. 27-88
NOrlCE OF ASSESSMENr
Date
TO:
Robert G. and Patricia Allen
ADDRESS:
206 SW 2nd Avenue, Delray Beach, FI 33444
PROPERTY:
206 SW 2nd Avenue, Delray Beach, FI 33444
LEGAL DESCRIPTICN: Lot 3, Block 47, resubdivision of Block 47 according to Plat Book 12,
la~~ ~l vI che ott1c1a~ recoras or Ya~m ~eacn ~ountYJ rL
You, as the re=rd owner of, or holder of an interest in,
property are hereby advised that a =st of $880.00
the City Council of the City of Delray Beach, Florida, dated
19_, has been levied against the al:ove-described property.
the al:ove-described
by resolution of
The =sts were incurred as a result of a nuisance abatement action regarding
the above-described property. You were given written notice on 3-1-88
that the building official has determined that a building located on the al:ove-
described property was unsafe. You were advised in that notice of the action to
be taken to remedy that unsafe condition and of the time within which the remedial
action was required to be taken.
x
You failed to appeal the decision of the building official to
the Board of Construction Appeals although you were informed
of your right to an appeal and of the procedures for obtaining
appeal. You have also failed to take the corrective action
required by the notice of the building official.
You appealed the decision of the building official to the
Board of Construction Appeals. You were given written
notification on that you were required
to take the =rrective action required by the decision of
the Board of Construction Appeals within a stated period of
time. You failed to take the action as required by the order
of the Board of Construction Appeals.
The City of Delray Beach has therefore taken remedial action to rerrcve the
unsafe =ndition existing on the al:ove-described property on 3-30-88
at a =st of $880.00 which includes a ten percent (10%)
administrative fee. If you fail to pay this cost within thirty (30) days, that
=st shall be re=rded on the Official Re=rds of Palm Beach County, Florida
against the above-described property.
Copy of all notices referred to in this notice are available in the office
of the building official,
BY ORDER OF THE CITY COUNCIL,
r.ity Clerk
RESOLUTION NO. 28-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 9, ARTICLE XI I I OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE
BUILDING ON LAND (S) LOCATED WITHIN THE CITY OF DELRAY
BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO
ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH
ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORD-
ING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A
LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS;
PROVIDING FOR THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 9, Article XIII of the Code of Ordinances,
declared the existence of an unsafe building upon certain lots or
parcels of land, described in the list attached hereto and made a part
hereof, for violation of the building codes and building requirements
adopted by Chapter 9 and those Codes adopted in Chapter 11 of the Code
of Ordinances; and,
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WHEREAS, pursuant to Chapter 9, Article XIII of the Code of
Ordinances of the City of Delray Beach, the Building Official or his
designated representative has inspected said land(s) and has determined
that an unsafe building existed in accordance with the standards set
forth in Chapter 9 and/or Chapter 11 of the Code of Ordinances, and did
furnish the respective owner(s) of the land(s) described in the attached
list with written notice of unsafe building and detailed report of
conditions and notice to vacate as the Building Official determined that
the building was manifestly unsafe and is considered a hazard to life
and public welfare pursuant to Chapter 9, Article XIII of the Code of
Ordinances describing the nature of the violations and sent notice that
the building was to be vacated within three (3) days from notice and
that the building was to be repaired or demolished; work must be begun
within sixty (60) days and all work must be completed within one hundred
and twenty (120) days, said notice also advised that all appeals must be
filed within thirty (30) days from the date of service of the notice and
failure to file an appeal or to make the repair:;; required that the
Building Official would have the authority to have the building demol-
ished from the date of the said notice; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 9-482 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 9-483 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Council a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Council of the City of Delray Beach, pursuant
to Chapter 9, Article VIII of the Code of Ordinances desires to assess
the cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcel (s) of land described in said report and in the amount (s) indi-
cated thereon. Said assessments so levied shall, if not paid within
j~
thirty (30) days after mailing of the notice described in Section 9-483
become a lien upon the respective lots and parcells) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
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Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner (s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Council of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment,' after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment (s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee,
of
PASSED AND ADOPTED in regular session on this the
, 19
day
MAY 0 R
ATTEST:
City Clerk
- 2-
Res. No. 28-88
,
NOTICE OF ASSESSMENr
Date
TO: William H. Barton, Sr., William F. Barton
ADDRESS: 419 NW 9th Avenue, Bovnton Beach, Fl 33435
PROPERTY:
126-128 SW 12th Avenue. Delrav Beach. Florida 33444
LEGAL DESCRIPTICN:
Lot 19, Block 3. Atlantic Park Gardens according to Plat Book
14, Page 56 of the Official Records of Palm Beach County, Fl.
You, as the record owner of, or holder of an interest in,
property are hereby advised that a cost of $1,588.40
the City Council of the City of Delray Beach, Florida, dated
19_, has been levied against the al:ove-described property.
the above-described
by resolution of
The =sts were incurred as a result of a nuisance abatement action regarding
the alxJve-described property. You were given written notice on 8-20-87 ,.
that the building official has determined that a building located on the above-
described property was unsafe. You were advised in that notice of the action to
be taken to remedy that unsafe condition and of the time within which the remedial
action was required to be taken.
x
You failed to appeal the decision of the building official to
the Board of Construction Appeals although you were informed
of your right to an appeal and of the procedures for obtaining
appeal. You have also failed to take the corrective action
,required by the notice of the building official.
You appealed the decision of the building official to the
Board of Construction Appeals. You were given written
notification on that you were required
to take the =rrective action required by the decision of
the Board of Construction Appeals within a stated period of
time. You failed to take the action as required by the order
of the Board of Construction Appeals.
The City of Delray Beach has therefore taken remedial action to rerrove the
unsafe =ndition existing on the al:ove-described property on <<-15-88
at a =st of $1, 588.40 which includes a ten percent (10%)
administrative fee. If you fail to pay this cost within thirty (30) days, that
=st shall be re=rded on the Official Re=rds of Palm Beach County, Florida
against the al:ove-described property.
Copy of all notices referred to in this notice are available in the office
of the building official.
BY ORDER OF THE CITY COUNCIL.
City Clerk
RESOLUTION NO. 29-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL RAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 13 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES;
PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND
INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF
THI S RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN
UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSr1ENTS;
PROVIDING FOR THE MAILING OF NOTICE OF LIEN.
WHEREAS, the City manager or his designated representative has,
pursuant to Chapter 13 of the Code of Ordinances, declared the existence
of a nuisance upon c"ertain lots or parcels of land, described in the
list attached hereto and made a part hereof, for violation of the
provisions of Chapter 13 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 13-16 of the Code of Ordinances of
the City of Delray Beach, the City Hanager or his designated
representative has inspected said land(s) and has determined that a
nuisance existed in accordance with the standards set forth in Chapter
13 of the Code of Ordinances, and did furnish the respective owner(s) of
the land(s) described in the attached list with written notice of public
nuisance pursuant to Sections 13-16 and 13-17 of the Code of Ordinances
describing the nature of the nuisance(s) and sent notice that within ten
(10) days from the date of said notice forty-two (42) days in the case
of violation of Section 13-14 pertaining to seawalls) they must abate
said nuisance, or file a written request for a hearing to review the
decision that a nuisance existed within seven (7) days from the date of
said notice, failing in which the City of Delray Beach would proceed to
correct this condition by abating such nuisance, and that the cost
thereof would be levied as an assessment against said property; and,
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WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to abate the
nuisance(s) existing upon their respective lands or to properly request
a hearing pursuant to Section 13-16 within the time limits prescribed in
said notice and Chapter 13 of the Code of Ordinances, or if the property
owner(s) did request and receive a hearing, said property owner(s)
failed and/or neglected to abate such nuisance (s) wi thin seven (7) days
subsequent to the rendering of a decision adverse to the property
owner(s) (thirty-five (35) days for violation of 13-14); and,
WHEREAS, the City of Delray Beach, through the City
Administration or such agents or contractors hired by the City
Administration was therefore required to and did enter upon the land(s)
described in the list attached and made a part hereof and incurred costs
in abating the subject nuisance(s) existing thereon as described in the
notice; and,
WHEREAS, the Ci ty Manager of the City of Delray Beach has,
pursuant to Chapter 13 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Council a report of the costs incurred in
abating said nuisance(s) as aforesaid, said report indicating the costs
per parcel of land involved; and,
WHEREAS, the City Council of the City of Delray Beach, pursuant
to Chapter 13 of the Code of Ordinances desires to assess the cost of
said nuisance(s) against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
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Section 1. That assessments in the individual amounts as shown
by the report of the City Manager of the City of Delray Beach, involving
the City's cost of abating the aforesaid nuisances upon the lots or
parcels of land described in said report, a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcells)
of land described in said report and in the amount(s) indicated thereon.
Said assessments so levied shall, if not paid wi thin thirty (30) days
after mailing of the notice described in Sec. 3, become a lien upon the
respective lots and parcells) of land described in said report, of the
same nature and to the same extent as the lien for general city taxes
and shall be collectible in the same manner and with the same penalties
and under the same provisions as to sale and foreclosure as City taxes
are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Council of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
. nuisance by the City, and that said assessment is due and payable within
thirty (30) days after the mailing date of said notice of assessment,
after which a lien shall be placed on said property, and interest will
accrue at the rate of 8% per annum, plus reasonable attorney's fees and
other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment (s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property (s), and interest shall accrue at the rate of
eight (8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of Palm
Beach County, Florida, and upon the date and time of recording of the
certified copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 8%, and collection costs including a reasonable attorney's
fee.
Section 6. That at the time the City Clerk sends the certified
copy of this resolution for recording, a notice of lien, in the form
prescribed in Section 13-20 of the Code of Ordinances, shall be mailed
to the property owner.
of
PASSED AND ADOPTED in regular session on this the
, 1988.
day
MAY 0 R
ATTEST:
City Clerk
- 2 -
Res. No. 29-88
COST OF ABATING NUISANCES UNDER CHAPTER 13
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION
LOT 8 & SlO' OF LOT 9, BLOCK
11, SEACREST PARK, PB 24, P
33, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(2105-2107 N.E. 3RD AVENUE)
LOT 49, SUNSET PARK, PB 12,
P 65, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(S.W. 10TH ST. & MANGO DRIVE)
LOT SO/LESS SlO', SUNSET PARK,
PB 12, P 65, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(S.W. 10TH ST. & MANGO DRIVE)
LOT 12, CARVER SQUARE, PB 24,
P 11, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(S.W. 2ND COURT)
LOT 13, CARVER SQUARE, PB 24,
P 11, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(S.W. 2ND COURT)
LOT 14, CARVER SQUARE, PB 24,
P 11, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(S.W. 2ND COURT)
LOTS 6 & 7, BLOCK 65, TOWN OF
DELRAY, PB 2, P 20, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(321 NORTH SWINTON AVENUE)
LOT 14, BLOCK 63, TOWN OF
DELRAY, PB 6, P 3, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(229 S.W. 1ST AVENUE)
LOT 16, CARVER SQUARE, PB 24,
P 11, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(S.W. 2ND TERRACE & S.W. 8TH
AVENUE)
LOT 150, TROPIC ISLE 2ND
SECTION, PB 24, P 245, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(ALAMANDA DRIVE)
LOT 17, BLOCK 2, PRIEST'S
ADDITION TO ATLANTIC PARK
GARDENS, PB 23, P 70, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(S.W. 14TH AVENUE)
LOT 1, BLOCK 8, OSCEOLA PARK,
PB 3, P 2, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(702 S.E. 4TH AVENUE)
LOT 3, PT OF SUB. OF BLOCK
64, DELRAY BEACH, PB 20, P
39, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(312 SOUTH SWINTON AVENUE)
OWNER
MICHAEL A. & DAWN KOVACS
2710 S.W. 8TH STREET
BOYNTON BEACH, FL 33435
ANPE INC.
4458 WHITE FEATHER TRAIL
BOYNTON BEACH, FL 33436
ANPE INC.
4458 WHITE FEATHER TRAIL
BOYNTON BEACH, FL 33436
EMILIO & PATRICIA GARCIA
4458 WHITE FEATHER TRAIL
BOYNTON BEACH, FL 33436
EMILIO & PATRICIA GARCIA
4458 WHITE FEATHER TRAIL
BOYNTON BEACH, FL 33436
EMILIO & PATRICIA GARCIA
4458 WHITE FEATHER TRAIL
BOYNTON BEACH, FL 33436
PERRY PROPERTIES, INC.
38 HIGH AVENUE
NYACK, NY 10960
JAMES JR. & GILDA BAUER
229 S.W. 1ST AVENUE
DELRAY BEACH, FL 33444
EMILIO & PATRICIA GARCIA
4458 WHITE FEATHER TRAIL
BOYNTON BEACH, .FL 33436
MAYBELLE E. ANGELINO
% LOUIS HOUKAL
7911 W. CORTLAND PKWY.
ELMWOOD PARK, IL 60635
W. & LOIS CLEMONS
118 S.W. 14TH AVENUE
P.O. BOX 1151
DELRAY BEACH, FL 33444
R.M. JR. & EDWINA JOLLY
702 S.E. 4TH AVENUE
P.O. BOX 479
DELRAY BEACH, FL 33444
WILLIE & MARNESIA ALLEN
312 SOUTH SWINTON AVENUE
DELRAY BEACH, FL 33444
-3-
ASSESSMENT
$ 40.00
35.00 (ADM. COST)
(RECORDING)
$ 35.00
25.00 (ADM. COST)
(RECORDING)
$ 35.00
25.00 (ADM. COST)
(RECORDING)
$ 91.68
16.68 (ADM. COST)
(RECORDING)
$ 91.66
16.66 (ADM. COST)
(RECORDING)
$ 91.66
16.66 (ADM. COST)
(RECORDING)
$ 60.00
50.00 (ADM. COST)
(RECORDING)
$ 50.00
50.00 (ADM. COST)
(RECORDING)
$ 50.00
50.00 (ADM. COST)
(RECORDING)
$ 50.00
50.00 (ADM. COST)
(RECORDING)
$ 20.00
35.00 (ADM. COST)
(RECORD ING)
$ 80.00
50.00 (ADM. COST)
(RECORDING)
$ 60.00
50.00 (ADM. COST)
(RECORDING)
Res. No. 29-88
LOT 16, BLOCK 35, TOWN OF
DELRAY, PB 1, P 3, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(N.W. 3RD AVENUE)
E 1/8 OF W 1/2 OF N 1/2 OF
LOT 1, LESS N 1/2, SUB. OF
SECTION 20-46-43, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(S.W. 6TH AVENUE)
THE PT OF ELY 77.41' OF N100'
OF S125' OF W 1/4 OF LOT 5
LYG ELY OF 1-95 R/W, SUB. OF
17-46-43, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(S.W. 14TH AVENUE)
E100' OF W533t OF S139.8' OF
N312.4' OF N 1/2 OF NW 1/4 OF
SW 1/4 OF NW 1/4 (LESS 1-95
R/W), SECTION 17-46-43, PB 1,
P 3, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(ORANGE STREET)
LOT 20, BLOCK 1, ATLANTIC
PARK GARDENS, PB 14, P 56,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(N.W. 13TH AVENUE)
LOTS 1 TO 3, INC. & ESt OF
LOT 4, BELLEVIEW COURT, PB 11,
P 45, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(840 SOUTH SWINTON AVENUE)
LOT 15, BLOCK 7, OSCEOLA PARK,
PB 3, P 2, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(613 S.E. 3RD AVENUE)
S26.8' OF LOT 1, & Nll.2' OF
LOT 2, BLOCK 44, TOWN OF
DELRAY, PB 1, P 3, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(N.W. 3RD AVENUE)
N85.85' OF S141.85' OF EllS'
OF W155' OF N 1/2 OF S 1/2
OF NE 1/4 OF SW 1/4 OF SW 1/4
SUB. OF SEC. 4-46-43, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(2237 NORTH SEACREST BLVD,)
LOT 3, BLOCK 6, DELRAY BEACH
HIGHLANDS, SECTION 3, PB 27,
P 108, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(2114 S.W. 13TH COURT)
LOT 18, BLOCK 3, ATLANTIC
PARK GARDENS, PB 14, P 56,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(S.W. 12TH AVENUE)
LOT 19, BLOCK 3, ATLANTIC
PARK GARDENS, PB 14, P 56,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(S.W. 12TH AVENUE)
GRACE BARNETT
1401 39TH STREET
WEST PALM BCH, FL 33407
KENNETH AUSTIN
1354 13TH STREET
WEST PALM BCH, FL 33401
COMMUNITY LAND CORP.
ET AL
P.O. BOX 50001
LIGHTHOUSE PT.,FL 33074
EDDIE SHULER
601 S.W. 11TH DRIVE
DEERFIELD BCH, FL 33441
MARY SALOMON ESTATE
% LILLIAN QUINCE
P.O. BOX 119
DELRAY BEACH, FL 33447
PERRY PROPERTIES, INC.
38 HIGH AVENUE
NYACK, NY 10960
JAMES & MAUREEN MAAS
3825 LONE PINE ROAD
DELRAY BEACH, FL 33445
MARIE DUNCAN
43 N.W. 3RD AVENUE
DELRAY BEACH, FL 33444
DALE J. BRISSON
% DAMO'S PIZZA, INC.
2235 N. SEACREST BLVD.
DELRAY BEACH, FL 33444
CARIBANK
255 E. DANIA BEACH BLVD.
DANIA, FL 33004
WILLIAM H. BARTON, SR.
WILLIAM F. BARTON
419 N.W. 9TH AVENUE
BOYNTON BEACH, FL 33435
WILLIAM H. BARTON, SR.
WILLIAM F. BARTON
419 N.W. 9TH AVENUE
BOYNTON BEACH, FL 33435
-4-
$ 55.00
50.00 (ADM. COST)
(RECORDING)
$ 55.00
50.00 (ADM. COST)
(RECORDING)
$ 75.00
50.00 (ADM. COST)
(RECORDING)
$ 50.00
50.00 (ADM. COST)
(RECORDING)
$ 50.00
50.00 (ADM. COST)
(RECORDING)
$150.00
50.00 (ADM. COST)
(RECORDING)
$ 45.00
50.00 (ADM. COST)
(RECORDING)
$ 35.00
25.00 (ADM. COST)
(RECORDING)
$ 50.00
50.00 (ADM. COST)
(RECORDING)
$ 40.00
50.00 (ADM. COST)
(RECORDING)
$ 35.00
25.00 (ADM. COST)
(RECORDING)
$ 35.00
25.00 (ADM. COST)
(RECORDING)
Res. No. 29-88
S50' OF W135' OF BLOCK 24,
TOWN OF DELRAY, PB 1, P 3,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(S.W. 6TH AVENUE)
NLY87.71' OF LOT 102, PLUMOSA
PARK SEC. A, PB 23, P 68,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(1651 N.E. 3RD AVENUE)
LOT 5, BELLE HAVEN UNIT A, PB
26, P 164, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(316 S.W. 11TH AVENUE)
W200' OF E238.54' OF N 1/2 OF
LOT 28/LESS N.E. 8TH ST. R/W,
SUB. 9-46-43, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(N.E. 8TH STREET & AlA)
LOT 9 & N25' OF LOT 10, BLOCK
66, TOWN OF DELRAY, PB 2, P
48, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(248 N.E. 1ST AVENUE)
S17' OF LOT 13, LOT 14 & N12'
OF LOT 15/LESS W5' RD R/W,
BLOCK 111, TOWN OF DELRAY,
PB 13, P 46, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(261 S.E. 5TH AVENUE)
LOT 4/LESS R/W SR 806,
MYRICK'S SUB., PB 10, P 79,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(WEST ATLANTIC AVENUE)
LOT 5/LESS R/W SR 806,
MYRICK'S SUB., PB 10, P 79,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(WEST ATLANTIC AVENUE)
S43.25' OF LOT 3, BLOCK 30,
TOWN OF DELRAY, PB 1, P 3,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(117 S.W. 5TH AVENUE)
LOT 14, BLOCK B, CARVER
MEMORIAL PARK, PB 20, P 56,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(N.W. 15TH AVENUE)
LOT 7, BLOCK 4, CHATELAINE
NO.1, PB 29, P 95, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(3530 BLVD. CHATELAINE)
LOT 12, BLOCK 49, TOWN OF
DELRAY, PB 12, P 86, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(313 N.W. 2ND AVENUE)
T. SR. & EARLENE HAM
P.O. BOX 1473
MERRITT ISLAND, FL 32952
RICHARD WELCH
1651 N.E. 3RD AVENUE
DELRAY BEACH, FL 33444
EDDIE & JUANITA TRIPP
316 S.W. 11TH AVENUE
DELRAY BEACH, FL 33444
VILLA DEL REY FINE CORP.
% LAURENCE FEINGOLD
1111 LINCOLN ROAD MALL
MIAMI, FL 33139
K.C. & PATRICIA K. RODE
ROUTE 1, BOX 191R
HIAWASSEE, GA 30546
JAMES T. MARTIN
MANUEL RAMOS
P.O. BOX 6642
WEST PALM BCH, FL 33405
JACK VINIK
950 N.W. 26TH AVENUE
DELRAY BEACH, FL 33445
JACK VINIK
950 N.W. 26TH AVENUE
DELRAY BEACH, FL 33445
STRAGHN ENTERPRISES,INC
26 S.W. 5TH AVENUE
DELRAY BEACH, FL 33444
RUFUS NORMAN ESTATE
% C. NORMAN
1720 N.W. 8TH STREET
MIAMI, FL 33147
HIGINIO GAGO
3530 BLVD. CHATELAINE
DELRAY BEACH, FL 33445
PIERRE JUSLAINE
313 N.W. 2ND AVENUE
DELRAY BEACH, FL 33444
-5-
$ 40.00
35.00 (ADM. COST)
(RECORDING)
$ 85.00
35.00 (ADM. COST)
(RECORDING)
$ 36.88
35.00 (ADM. COST)
(RECORDING)
$150.00
50.00 (ADM. COST)
(RECORDING)
$175.00
50.00 (ADM. COST)
(RECORDING)
$ 50.00
50.00 (ADM. COST)
( RECORDING)
$ 40.00
25.00 (ADM. COST)
(RECORDING)
$ 40.00
25.00 (ADM. COST)
(RECORDING)
$125.00
35.00 (ADM. COST)
(RECORDING)
$ 50.00
50.00 (ADM. COST)
(RECORDING)
$175.00
50.00 (ADM. COST)
(RECORDING)
$ 30.00
50.00 (ADM. COST)
(RECORDING)
Res. No. 29-88
LOT 24, BLOCK 2, ATLANTIC PARK
GARDENS, PB 14, P 56, PUBLIC
RECORDS, PALM BEACH COUNTY, FL
(S.W. 12TH AVENUE)
ROY I. MITCHELL
5919 HYDE PARK CIRCLE
JACKSONVILLE, FL 32210
$ 50.00
50.00 (ADM. COST)
(RECORDING)
VIOLATION IS: SEC. 13-13 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
-6-
Res. No. 29-88
DEPARTMENTAL
CORRES~')NDENCE
[ITY DF
DELRAY BEA[H
~~(i
TO
Walter O. Barry, City Manager
FROM Robert S. Pontek, Dir. of Public Utili ties
SUBJECT
Ratification of Payments for m~~TP Contractors
JATE
5-2-88
Attached please find two invoices for ratification by the City
Commission for services and construction at the Reqional WWTP.
Our share is 50% for Hazen and Sawyer's design work o~ $23,574.22
or $11,787.11. This work was performed in conjunction with
the new air scrubber system.
Our share is also 50% for Q & Q, Inc., the general contractor
providing installation of the air scrubber system, This work
has recently started with a completion date of January 29, 1989.
Our share is $11,245.50 of the total amount invoiced, being
$22,941. 00,
K~ndly place these two ratification items before the City
Commission for their approvals.
RSP:bp
att:
J~
eM 362
THE EFFORT ALWAYS MATTERS
SOU4d CENTRAL REGIONAL \,.'l.STEWATER
TREATMENT AND DISPOSAL BOARD
1801 North Congress Avenue. Delray Beach. Florida 33445
BOARD
City Council Members of
Boynton Beach & Oelray Beach
City of Boynton Beach
Attention: John Guidry
PO Box 310
Boynton Beach, Florida
33435
REQUISITION NO.2
TOTAL CONTRACT:
CHANGE ORDERS
CURRENT CONTRACT
VALUE OF WORK COMPLETE
EXTRA WORK TO DATE
TOTAL VALUE OF WORK
LESS 10% RETAINAGE
NET AMOUNT EARNED
Materials Stored
Telephone
272.7061 734.257i
April 29, 1988
City of Delray Beach
Attention: Robert Pontek
200 N.W. 1st Avenue
Delray Beach, Florida
33444
Q&~INC.-
Construction of the Odor Control
Facility
$617,600.00
$ ,00
$617,600.00
$ 52,490.00
$ .00
$ 52,490.00
$ 5,249.00
$ 47,241.00
$ .00
$ 11,245.50
tv
cV
2
r..~ f1 ,(J
P? Ii j'
JtIV .t r
IV~ "//1'"
l0t~1 f,v
tf,', (/0 ~u
(q~
Less Previous Requisitions
$ 24,300.00
BALANCE DUE THIS REQUISITION
$ 22,941.00
50% Due from Each City
NET AMOUNT DUE
Thank You.
PLEASE MAKE CHECK PAYABLE TO Q&Q INC.
Mail to:
PO Box 1647
Eaton Park, Florida 33840
SOUTH CENTRAL REGIONAL WA~TEWATER
TREATMENT AND DISPOSAL BOARD
1801 North Congress Avenue. Delray Beach, Florida 33445
BOARD
City Council Members of
Boynton Beach & Oelray Beach
Telephone
272.7061 734.2577
April 29, 1988
INV. 87/88 228
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida
33444
Attention: RobertPontek
Director of Utilities
RE:
HAZEN AND SAWYER-ENGINEERS
ODOR CONTROL FACILITY
Inv. #5
AMOUNT OF INVOICE:
$ 23,574.22
50% Due from Each City
Amount due and payable:
$ 11,787.11
Thank You.
Q)
)IV en /
IIVtv~1' v c1J0' ~
f /:' ,\J2' I &5>
. / ~ \ \ N~ j/
jit~( J1' ,(~. {if \ .
fJ. .1; (J. ;~0 .~1' \
r ~~1 (y"
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE
:1:,
"i ,I I _1 ; : f ; i\ \ i h! \1 II I I I II{ II ) \ :;..." ~ i" ~ '4'
MEMORANDUM
Date:
April 29, 1988
Walter O. Barry, City Managerlyl
\
1U~
,
To:
From:
~reffrey S. Kurtz, Assistant City Attorney
Subject: Acqui.sition of Lot 6, NICHOLS SECOND ADDITION
The Bells, who are the owners of Lot 6, NICHOLS SECOND
ADDITION, which is one of the Lots the City is seeking to
acquire near the Water Treatment Plant, have offered to sell us
their property at a purchase price of $60,000 with the City
paying all closing costs. The appraised value of the property
is $55,000. I have attached copies of the contract and William
Doney's letter of transmittal to our office for your reference.
It would be appreciated if you would put this item on the
agenda for May 10, 1988 for Council approval. If you should
have any quest,ions concerning this matter', please do not
hesitate to contact me.
JSK:sh
Attachments
ce: City Commission
Robert Pontek, Public Utilities Director
-;n ,A
lA W OFFices
...JAMES W. VANCE
WILLIAM p, OONEY
JAMES W. VANCE, P.A.
SUITE 200, BARRISTERS BUILOING
1615 FORUM PLACE
WJ<:sn' PALM BEACH, Fr.ORIOA 33401
(::;~~~~~'f. ,:[':
~~:;:(~~ .< ;-:.:, '..;-, ;j
TELEPHONE
(30~) 684-5544
'.~
April 27, 1988
Jeffrey Kurtz, Assistant
City Attorney
310 S. E. 1st Street, Suite 4
Delray Beach, Florida 33483
RE: Bell sale to City of Delray Beach
Lot 6, NICHOLS SECOND ADDITION
Dear Jeff:.
Enclosed herewith please find an original with
numerous copies of a proposed Contract for Sale & Purchase
concerning the above-referenced property. As you will note,
Mr. & Mrs. Bell have already signed the Contract which, in
pertinent part provides for a purchase price of sixty
thousand dollars ($60,000.00) with the City paying all
closing costs. I also enclose for your reference a letter
from William Branch of Associated Appraisers in which his
updated appraised value is fifty-five thousand dollars
($55,000.00).
Please proceed to place this item before the City
Council for their consideration and if approved, please
send the Contract back to me. Closing is scheduled for
July 15, 1988.
WPD/ sjw
enc.
cc: Robert Pontek
Sil1e~y y
WILLI~M P. DONEY, Esqu'
RSSOCIRTfD
PPRRI5fRS
& conSULTRnrs Inc.
JAMES R. BRANCH, SREA, MAl
JOE R. KERN, SRA
KENNETH J, KISSEL, MAl
11211PI-"'<'~'tt-\IV~:........ H,}t.[).~..hJ,I. ..'O':U-fJ() H. 1lJl',<j_P"jo.lBI.. IiG:.",!'. II UJ1(J
ASSOCIATES.
MARCIA M. BRANCH
WILLIAM W. BRANCH
KATHLEEN A. CROMWELL
VIRGINIA S. GRAF
AUDREY J. HOASEFIELD
DONNA M. KERN
ANTHONY J. REICH
F. L RODGERS
April 25. 1988
William P. Doney. Attorney at Law
Suite 200. Barristers Building
1615 Forum Place
West Palm Beach. Florida 33401
Re: Property of Mr. Paul Bell. a/k/a Lot 6 of Nichols 2nd Addition according
to the Plat thereof. as recorded in Plat Book 21. page 70. of the Public
Records of Palm Beach County. Florida.
Dear Mr. Doney:
Upon personal inspection of the subject property my opInIon of value has changed
regarding same due to several subject renovations which had occurred, including
a larger living area. new roof. vinyl siding. etc. The updated appraised value is
$55.000. If you have any questions. please call us.
Si~h
William W. Bran~
WWB/ajh
f~.
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i
CONTRACT FOR SALE AND PURCHASE
PARTIES: ~~ ~ELL & ANITA M. BELL. his wife
::d ~;n~i~:~p ~~~~ 'F~~~~n~lfnnor. C21lJ.fornla 92330
of ("In willi"m;:> fX1npy. P,"'qJlin'. 1615 FOnlm Place. Suite 200 . West PaL" IPhone407-E
hereby agree that the Seller shall sell and Buyer shall buy the following property ("Property") uP3ea:sElf;JIlE'Lfl9 t134Dkd Conditions whic
Standards For Real Estate Transactions set forth on the reverse side hereof or attached hereto ("Standard{s)").
(Phone 714-
I.
DESCRIPTION:
(a) Legal description of Property located in
County. Florida'
P"lm R""rh
Lot 6, NIGIOLS SEX::OND ADDITICN 'ID DELRAY BEACH, according
to the plat thereof recorded in Plat Bock 21, page 70,
of the Public Records of Palm Beach County, Florida.
(bl Street address, if any. of the Property being conveyed is 107 ~ W. 7th Stn:::~et. IFlrav RP.:ach. FL.
(cl Personal property ("Personalty") included: NONE
(d) Buyer shall pay all closing costs. Ad valorem real estate taxes shall be prora
to date of closing.
II. PURCHASE PRICE: ,
PAYMENT:
fa} DeposidsJ to be held in escrow by
$ 60 000 no
in the amount of
,$
~
!~
..
~~
~~
-.
~o
~
c:!
lb) Subject to AND assumption of Mortgage in favor of
having an approximate present principal balance of . $
{c) Purchase money mortgage and note bearing interest at % on terms set forth herein below, in the
principal amount of . . . . . $
(d) Other $
(e) Balance to close, (U.S. cash, LOCALL Y DRAWN certified orcashier'scheckl subject to adjustments and prorations . $ fin. nnn nn
JIl.l TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by all parties, and the FACT OF EXECUTION communicat
telegraphically between the parties on or before A~ri 1 10. 1 qRR , the aforesaid deposit(s) shall be, at OPtion of Buyer, ret
and the offer withdrawn and null and void. The date 0 Contract ("Effective Date") shall be the date when the last one of Seller and Buyer has signe
IV, FINANCING:
(a) If the purchase price or any part thereof is to be financed by a third party loan, this Contract for Sale and Purchase ("Contract") is cc
the Buyer obtaining a firm commitment for said loan within _ days from Effective Date, at an interest rate nOt to exceed %; .
years; and in the principal amount of $ . Buyer will make application within_days from Effective Date, an
diligence to obtain said loan. Should Buyer fail to Obtain same or to waive Buyer's rights hereunder within said time, either party may can
(bl The existing mortgage described in Paragraph Illb) above has (CHECK (1) or (2)): (1) Da variable interest rate OR (2) Da fixed interest rate 0
per annum. At time of title transfer some fixed interest rates are subject to increase. If increased, the rate shall not exceed % p.
shall, within_ days from Effective Date, furnish a statement from all mortgagees stating principal balances, method of payment,
status of mortgages. If Buyer has agreed to assume a mortgage which requires approval of Buyer by the mortgagee for assumption,
promptly obtain and deliver to Buyer all required applications and Buyer shall diligently complete and return same to the mortgagee.
charge not to exceed $ shall be paid 1/2 by Seller and 1/2 by BUyer. If the Buyer is not accepted by mortgagee or t
for assumption are not in accordance with the terms of the Contract or mortgagee makes a charge in excess of the stated amount, Sell-
rescind this Contract by prompt written notice to the other party unless either party elects to pay any increase in interest rate or excess n
The amount of any escrow deposits held by mortgagee shall ~ credited to Seller at closing.
Buver BuVp"-' s
V. TITLE EVIDENCE: Within~days from Effective Date, ~hal', at~texpense, deliver to Buyer or Buyer's attorney, in (
Stenderd A. (CHECK 111 or (211: 111 0 ,b"'act of title OR (21 ~ title insurenee commitment, with fee owner', title poney p..mium to be paid bE
VI. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on the 1 Srh day of July If
extended by other provisions of the Contract.
VII. RESTRICTIONS; EASEMENTS: LIMITATIONS: The Buyer shall take title subject to: zoning, restrictions, prOhibitions and other requirem,
governmental authority; restrictions and matters appearing on the plat or otherwise common to the SUbdiviSion; public utilitY easements of reCOrt
to be located contiguous to the Property lines and are not more than 10 feet in width as to the rear or front lines and 7}S feet in width as to the
otherwise specified herein); taxes for year of closing and Subsequent years; assumed mortgages and purchase money mortgages, if any; ot.her:-.c
; provided, ho'"
exists at closing no violation of the foregoing and same does nOt prevent use of the Property for
VIII.OCCUPANCY: Seller represents that there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied
the fact and terms thereof shall be stated herein, and the tenant(s) shall be disclosed pursuant to Standard F. Seller agrees to deliver OCCupancy of f
of closing unless otherwise stated herein. If occupancy is to be delivered prior to closing, Buyer assumes all risk of loss to Property and Personal
occupancy, shall be responsible and liable for maintenance thereof from said date, and shall be deemed to have accepted the Property and Pee
existing condition as of time of taking OCcupancy unless otherwise stated herein or in separate writing.
^. I (r't:.,',','""\11 i c.,' :.Jrl HA;'\iUll"~r I-I E:'J PROVISIONS Typewritten or handwritten provis:ons inserted herein or attached hereto as addenc
printed provisions of Contract in conflict therewith.
r
XI. INSULATION RIDER: If act is utilized for the sale of a new residence, the I.
XII. SPECIAL CLAUSES: (utilize space below)
ion Rider shall be attached hereto and made part here
-----------
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.
IF NOT FULL Y UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIOA BAA.
Approval does not constitute an opinion that any o( the terms and conditions in this Contract should be accepted by the parties in Il particular tr
and conditions should be negotiated bllsed upon the respective interests, objectlves and bargaining positions o( all interested persons
Copyright 1985 by The Florida 8ar and the Florida Association of REAL TORS, Inc.
-----------
WITNESSES: (Two recommended but NOT required)
Executed by Buyer on
CITY OF DELRAY BEACHluy..1
{Buyer}
I
Executed by Seller On
~e
PAUL BELL a~~:~'''J.;;;.
ANITA M. BELL IS,II..1
IS .€.-LL_
;:::]___-1
Depos;t(s) under Paragraph II received; if other than cash, then subject to clearance.
By:
(Escrow Agent)
BROKER'S FEE: (CHECK & COMPLETE THE ONE APPLICABLE)
o (IF A LISTING AGREEMENT IS CURRENTLY IN EFFECT);
Seller agrees to pay the Broker named below, including cooperating sub.agents named. according to the terms of an existing, separate listing agr
NONE
OR
o (IF NO LISTING AGREEMENT IS CURRENTLY IN EFFECT),
I Seller agrees to pay the Broker named below, at time of closing, from the disbursements of the proceeds of sale, compensation in the amount
ONL Y ONEI_% of gross purchase price OR S , for Broker', services in effecting the sale by finding a Buyer ready, wil
purchase punuant to the foregoing Contract. In the event Buyer fails to perform and deposit/51 is retained, 50% thereof, but not exceeding the Sr
provided, shall be paid to the Broker. as full consideration for Broker's services including costs expended by Broker, and the balance shall be paid
transaction shall not be closed because of' refusal or failure of Seller to perform, the Seller shall pay said fee in full to Broker on demand. In any
out of this Contract. cOncerning the Broker's fee, the prevailing party shall be entitled to recover reasonable attorney fees and costs.
(firm name of Broker)
By:
{authorized signatory}
(Seller)
(name of cooperating sub-agent)
(Seller)
SPECIAL CLAUSES,
t?
Rev. 1/85
\:;;-.a
FROM
Walter O.
Robert A.
Ted Gl as-
Barry- City Manager
Barcinski- Ass~. City
Purchasing Director
Manager
1)(
[ITY DF
DELRAY BEA[H
~~~
DEP ART~ ~ENT AL
CORRESPONDENCE
TO
Thru:
Purchase of Police Pursuit Vehicle Via State Contract
DATE
4/26/88
SUBJECT
A requisition has been received from Police Department for one (1) 1988 Dodge
Diplomat pursuit vehicle to replace vehicle #704 totalled in a traffic accident
on 3/23/88.
Police pursuit vehicles on Florida State Contract #070-001-88-1 are awarded to
Regency Dodge, Inc. as follows:
1988 Dodge Diplomat, 4-door sedan:
Ba se pr ice. . . . .. . . . . . . .. . . . .. . . . . . . . . . . . .. . . .. .. . . . . . .. . .. . . .. $10,321. 00
Options: Silicon Hoses....................................$ 88.00
HD 60/40 Split Seat. '" ... .,. ............ .... ....$ 309.00
Rain Shields.....................................$ 14.00
Spotl ight........................................$ 55.00
Total Cost:..... .$10 ,787 .00
This purchase is not a budgeted item, however funding is available as follows:
Insurance Loss Fund.......................................... .$8,964.00
Salvage of Wrecked Vehicle (Dick's Auto Parts)................$ 901.00
Surplus- Pol ice Capital Outlay................................$ 922.00
$10,787.00
Following staff analysis and review, it is recommended that the Police pursuit
vehicle be purchased via Florida State Contract from Regency Dodge, Inc., for
$10,787.00
Attachments:
Recommendation from Police Department
Memo from Risk Manager
Policy on Disposal of Totally Wrecked Vehicles
pc: Chief Kilgore
~113
CM 362
THE EFFORT ALWAYS MATTERS
DEPART' ~ENTAL
CORRESPONDENCE
FROM
Charles Kilgore
Chief of Police
[ITY DF
DElRAY BEA[H
7~(j
TO
Walter 0, Barry
City Manager
SUBJECT
BEQUESI IQ EUBC~8SE EUESUII ~E~lC~E EEE~8CE~E~I
04120/8
DATE
THRU:
THRU:
THRU:
THRU:
Ted Glas, Director of Purchasinq
Lee Graham, Director of Risk Management
Yvonne Kincaide. Director of Budqetinq
David Huddleston, Director of Finance
We are
vehicle)
totall ed
requesting to purchase a 1988 Dodqe Diplomat (pursuit
which will replace a 1987 Ford (Unit 704) which was
out in a traffic accident on March 23, 1988,
This request
whereby we
currently on
the current
options,
for purchase is from the State Contract (070-100-370)
also purchased eleven (11) other pursuit vehicles
order from Regency Dodge in Jacksonville. They hold
State Contract for police pursuit vehicles with
The majority of funds ($9,865,00) comes from the Loss Fund per Lee
Graham. The balance ($922.00) will come from the surplus in our
Capital Outlay - Automotive line item.
Your consideration will be appreciated and it is hoped this item
may be placed on the aqenda for May 10, 1988,
Respectfully submitted,
&, lOOR ~
Chief of Police
gb
Attachment
CM 362
THE EFFORT ALWAYS MATTERS
'.
Memo
FROM LEE R. GRAHAM
Risk Manager
,:.(.. :...
To:!J)(Vv\, ~G..M..Q ,~, ~D Date: i r3/'3g
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City af ADMINISTRATIVE SUBJECT, RISl( MANAGEMENT
Defray POlICIES ~ND PROCEDURES Disposal of totally Wrecked
MANUAL Vehicles
( Beach NUHBER REVISIONS
RM-S 0 1
~~" SUPERSEDES APPROVED
0 .1....
RM-S,O Purpose:
The purpo..e of thu directive u to establish procedures that provide for the
disposal of totally wrecked vehicles.
RM-S.l Salva~e Value - Policy
.
Estwtes of salvage value are furni..hed by the professional claw adjusting firms
which service the City's insurance account. Each file of a total wreck includes an
appraiser's estimate of value. Insurance claw settlement f4ures are based on a
firm value of such "totals": tberefore, said evaluation is used in demanding recovery
from at-fault parties, collection of subrogated claw from insurance companies, and
computing the actual credit back to the department suffering the los...
RM-S.2 Procedures:
The Risk Management Administrator has recommended, and City Council has approved, that
the City dispose of their wrecked vehicles which are classed as total losses by award
to the highest salvage bidder rsther than at general public auction. This procedure
will provide the advantages to the City of less storage time and possibly higher
salvage return.
DEPARTMENTAL _"'",'U
CORRESP0NDENCE
~
[ITY DF
DELRAY BEA[H
7~~
Thru:
Walter O. Barry- City Manager
Robert A. Barcinski- Asst. City Manager R/t1>-
Ted Glas- Purchasing Director ~~
TO
FROM
SUBJECT
Annual Contract for Sodium Aluminate
DATl:
5/2/88
On June 10,1986 , Commission approved a contract with Vinings Chemical Company
for supplying sodium aluminate for the Water Treatment Plant, Per Bid #86-34.
The contract was then extended one additional year until June 12, 1988.
Per attached memo from Public Utilities, there is only one proven supplier for
this chemical, Vinings Chemical Company.
Vinings Chemical has agreed to extend firm pricing for one additional year, per
Bid #86-34, pricing of $.1349 per pound.
Estimated annual usage is 900,000 pounds. Estimated annual contract cost is
$121,410.00.
Per Budget Director,
expendi ture extends
("r../:IJ,pW-
funding is available in account #441-5122-536- 35.15 (This
into next fiscal period).
Following staff analysis and review, it is recommended that the contract for
sodium aluminate, with Vinings Chemical Company, be extended for one additional
,year per section 2-35 of the Purchasing Ordinance.
Attachments:
Memos from Public Utilities (2)
Letter from Vinings Chemical Company
Tabulation of Bids
pc: Yvonne Kincaide
Robert Pontek
/\1 (I
c--" ,
eM 362
THE EFFORT ALWAYS MATTERS
MEMORANDUM
TO: Ted Glas
Purchasing Director
FROM: Cal Johnson
Plant Manager - Water Treatment Plant
SUBJECT: Primary Process Chemicals
DATE: April 28, 1988
You have a requisition to extend for (1) year, the purchase of
Sodium Aluminate from Vining Chemical Company. They have indicated
through their sales organization that they will continue at the
previous years' price.
This product has been used for some time now with satisfactory
plant performance. Furthermore, this product has reduced a costly
annual cleaning of the storage silos. This can be attributed to
two major factors. First, the particular chemistry of the product,
but secondly and most important, delivery is provided by Vinings own
trucks which are properly equipped and operated by trained drivers
who are experienced in the handling of their product.
These were the major factors that convinced us to change from
Nalco Chemical Company originally. Later, Nalco announced they
would no longer prOduce Sodium Aluminate which leaves us with only
a single proven supplier.
w~~
Cal Joh
CJ:hk
xc: Larry Martin
Don Haley
.
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I( '-~
[ITY OF DElRAY BEA[H
100 N.W 1st AVENUE
DELRAY BEACH, FLORIDA 33444
305/243-7000
MEMORANDUM
TO: Walter O. Barry, City Manager
FROM: Robert A. Barcinski, Assistant City Manager ~
Management Services
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING MAY 10, 1988
BID AWARD - FIRE HYDRANTS, GATE VALVES, SERVICE SADDLES
CORPORATIONS. TUBING. CllRB STOPS AND MISCELLANEOUS
DATE: May 2, 19 8 8
Commission Action:
City Commission is requested to award bids as follows:
ll.eID
Vendor
Amount Est.
Funding
Source
Fire hydrants
P,E, Tubing
Curb Stops
Davis Meter & Supply Co,
Trans Fla, Supply Co,
Trans Fla, Supply Co,
Southeastern Municipal
Supply Co,
Trans Fla. Supply Co.
Suns tate Meter & Supply
$13,400.00
Gate Valves
Serv Saddles
Corporations
1,600.00
3,048.00
12,170.00
1,548.00
11,050,00
Public Utilities -
Operation Budget
II "
II "
" II
II "
II II
Background:
The above bids were received on February 16, 1988, All awards are proposed
to be made to low bidder. Funding is available in various public Utility
operations accounts as per budget. Attached is a recommendation from the
Purchasing Director and a copy of the spread sheet. Bids for water meters
and couplings were rejected by Commission on April 29, 1988 and will be
re-bid.
Recommendation:
The Assistant City Manager, Purchasing Director and Public Utilities
Director recommend award of bids as outlined in Commission Action above.
RAB:sk
cc: Ted Glas
Bob pontek
attachment
/~_ 1 t
THE EFFORT ALWAYS MATTERS
DEP ART~ 1ENT AL
CORRESPONDENCE
THROUGH:
Robert A. Barcinski, Asst. City Manager
Ted,Glas, Purchaslng Dlrector
qfff
[ITY DF
DELRAY BEA[H
~~Ci
TO
Walter C. Ba~~y! City Manag~r
FROM
Bid No. ;88-40 -- Meters, Hydrants, Pipes & Flttings
" ,\ ~-
"'t - J. ... - -',~
SUBJECT
DATE
I~lvitations to Bid
January 22, 1988.
Palm Beach Post on
were mailed to sixteen (16) vendors
A lega~ advertisement was placed In
January 29 and February 5, 1988.
on
::1112
Elght (8) vendors submitted bids at the formal opening on
F2brua~y 16, 1988.
Following staff analysls and reVlew, the following
recommendations are submitted:
Group I - Water Meters & CoupliIlgS
After a lengthy evaluaticn of the water meter bids, it has corne
to light that City speclfications do not accurately reflect
c~r~Ently accept~d ~onstructlon methods for quality water me~ers.
ThereforE, it is recornnlEnded that all bids for water meters be
rej~cted, and tllat City specifications be revised to incorporate
accepted compet~tive q~al~ty ~eve13 and CCllstrllction methods; dlld
,t~l3.': ~l'Ol.ip I :':ler. te re-bid.
Cr0Up :I - Fire I1ydrants
T:12 lJW bid was subm~tt2d by Davis Met~r and SUfply C:lnipan'l ~n
th~ 11u~11er A4:3 Fire Hydrall~. This hydrallt me~ts ~it~. sp~cifl-
catlon3. It is recommended that tte low bid frcm Davi3 1~2t~r
oEd 31.ipp::"":/ C;:rmpany 1:,,= apPJ:c,ved. ;.nnual E:s':imated ':':J3t i.::',
31J,~CO.OO and is ~udget6d in PublLc Utillties op'~rati:Jn~ A=ccun-
;441-51::-:3C-3S.15.
~~0Up III - Gate ~alve3
:t i::: l-~c;)l1unend€.d t~lat awal-d br? made tc.. lOili bid.j'21.- Tr3.1:.:..-F.l.3..
SUPfly Ccmpany f~r th~ estimated annual CGst of Sl,GOO.OO. Ttif;
13 budge~ed in Public Utilities Operation Acc.:,unt
~441-S12J-5:G-::.15.
eM 362
THE EFFORT ALWAYS MATTERS
,,~
~ IV.
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i3 b~dgeted ill PutllC
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,h,
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