09-27-88 Regular
CITY OF DELRAY BEACH, FLORIDA
REGULAR MEETING - CITY COMMISSION
September 27, 1988
7 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. A. proclamations:
united States Police Canine Association Championship
B. Presentations:
Chamber of Commerce - Industrial Development
Safe Neighborhoods Act
PUBLIC HEARINGS
5. RESOLUTION NO. 55-88: A Resolution to levy a tax on all
properties within the City of Delray Beach.
6, RESOLUTION NO. 56-88: A
of money for all necessary
1988 to September 30, 1989.
Resolution making appropriations of sums
expenditures of the City from October 1,
7. ORDINANCE NO. 108-88:
Avenue between N. W. 13th
zoning of R-l-AA (Byrd).
An Ordinance annexing property on N. W. 4th
Street and N. W. 12th Street with initial
8. ORDINANCE NO. 109-88: An Ordinance amending Chapter 174,
"Historic preservation" of the Code of Ordinances.
9. ORDINANCE
"Administration"
permits.
NO.
of
110-88:
the Code
An
of
Ordinance
Ordinances
amending
relative to
Title 3
landlord
10. ORDINANCE NO. 118-88: An Ordinance amending Chapter 51 "Garbage
and Trash" of the Code of Ordinances relative to increasing fees.
PROCEDURAL ITEMS
11. Comments and Inquiries on Non-Agenda Items:
A. Public
B. Commission
C. City Attorney
D. City Manager
12. Agenda approval.
Action: Motion to approve.
13. Approval of minutes of Regular Meeting of August 23, 1988 and
Special Meeting of August 30, 1988.
FIRST READINGS
14. ORDINANCE NO. 119-88: An
Airline Railroad Station as an
Hearing October 11th.
Ordinance
Historic
designating the Seaboard
Site. If passed, Public
15. ORDINANCE NO.
Miller Field from
October 11th.
120-88:
R-IA and
An Ordinance rezoning property known as
MF-IO to CF. If passed Public Hearing
16 . WITHDRAWN
REGULAR AGENDA
17. RESOLUTION NO. 58-88: A Resolution relative to Scrub parcel.
A. Authorize purchase of property.
B. Approval of the option to purchase.
C. Approval of Interlocal Agreement.
D. Approval of memo of real estate option agreement.
E. Motion to exercise the option to be effective on October 4th.
18. ALLEN AVENUE WATER CONNECTION CHARGES:
19. CONSIDERATION OF THE ESTABLISHMENT OF A SEPARATE PLANNING
COMMISSION:
20. APPOINTMENTS - PLANNING & ZONING BOARD: Consider appointments of
five members to the Planning & Zoning Board to terms ending September
28, 1990.
21. DELRAY BEACH ENTRANCE SIGNS: Consider request for
the Beautification Task Force for proposed signs to be
north and south U. S. Highway No. 1 entrances to
allocation of funds.
approval from
placed at the
the City and
22. CONDITIONAL USE PERMIT
conditional use and site and
Wash at the southwest corner of
REQUEST (CU 6-244): Requesting a
development plan - Atlantic Avenue Car
Atlantic Avenue and S. W. 9th Avenue.
23. CONDITIONAL USE PERMIT REQUEST
conditional use and attendant site plan
Linton Boulevard and S. W. 4th Avenue.
(CU 6-252): Requesting a
for the Exxon Station at
24. SITE
site and
Boulevard
AND DEVELOPMENT PLAN -
development plan for
and S. W. 4th Avenue.
KENTUCKY FRIED CHICKEN: Requesting a
Kentucky Fried Chicken at Linton
25. CONDITIONAL
conditional use
Germantown Road,
Subdivision.
USE PERMIT
for Tietzman
north side of
REQUEST (CU
Child Care on
the L-37 Canal
6-258): Requesting a
the south side of
and west of Andover
26. SITE AND
and development
Industries.
DEVELOPMENT
plan for
PLAN - ON-SITE CONCRETE: Requesting site
On-Site Concrete, off Depot Road by Mack
27. PAVING OF FRONT YARD AREA FOR PARKING PURPOSES: Report from
Planning and Zoning Board recommending no action.
28. CONTRACT POSITION FOR AFTERSCHOOL PROGRAM: Consider approval of
contract from October, 1988 to August 1989 for Recreation Supervisor I
for Afterschool Program at Carver School, Pompey Park and the Civic
Center.
29. MERIT REVIEW FOR CITY ATTORNEY: Added by request of Commissioner
Brainerd.
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30. RECOMMENDATION FOR FLUORIDATION OF CITY WATER:
CONSENT AGENDA
31. PAYMENTS TO LITTLE LEAGUE AND FOURTH OF JULY COMMITTEE: Consider
approval retroactively of payment of $5,000 to Little League and
$4,400 overtime for Fourth of July activity.
32. CHRISTMAS TREE AND PUMPKIN SALES - DELRAY BEACH SUNRISE KIWANIS:
Consider approval of sale of Christmas trees and pumpkins from October
1, 1988 through December 24, 1988.
33. RESOLUTION NO. 53-88: A Resolution abandoning three feet of the
15 foot wide drainage easement adjacent to Lot 13, Fairways of Delray.
34. RESOLUTION NO. 54-88: A Resolution abandoning five feet of the
15 foot wide drainage easement adjacent to Lot 17, Fairways of Delray.
35. RESOLUTION NO. 57-88: A Resolution abandoning a portion of Dixie
Boulevard (Delray Mazda).
36. FINAL PLAT DELRAY MAZDA: Consider request for final plat
approval from Delray Mazda.
37. AMENDMENT TO DEPARTMENTAL ORGANIZATION: Finance, Police and Fire
Departments to report directly to City Manager.
38. LEASE PORTIONS OF
Consider approval of lease
School Board for portions
School.
THE FORMER DELRAY
from the City
of the former
BEACH ELEMENTARY SCHOOL:
to the Palm Beach County
Delray Beach Elementary
39. ADDENDUM TO REFUSE CONTRACT: Consider addendum to the refuse
contract between the City and Waste Management, Inc.
40. WATER SERVICE AGREEMENT
service agreement for property
Barwick Road and the L-3l Canal.
R. O.
located
PRIEST: Requesting a water
at the northwest corner of
41. ACCEPTANCE OF EASEMENT DEED - HAMLET RESIDENTS ASSOCIATION, INC.:
Consider acceptance of easement deed for the purpose of a 12 foot
utility easement to maintain a sanitary sewer main.
42. ESTABLISHMENT OF SCENIC ROUTE ALONG SWINTON, NORTH FROM ST.
PAUL'S EPISCOPAL CHURCH TO THE NORTH CITY LIMITS:
43. MODIFICATION TO MPO PLAN TO OPPOSE ADDITIONAL TRAFFIC LANES ON
SWINTON, NORTH OF ST. PAUL'S EPISCOPAL CHURCH:
44. AWARDS OF BIDS AND CONTRACTS:
A. Guardrail Installation Brant Drive and Davis Road
Transportation Safety Contractors, Inc. - $13,439.80 with funds
to come from Account 001-2911-510-60.63.
B. Janitorial Services for
Building Maintenance, Inc.
Account 001-2113-521-33.17.
Police Department Building - W. & F.
$21,792 with funds to come from
C. Rental Rehabilitation Program
Management, Inc. $13,462 with
118-1975-554-60.23.
- Deferred Loan Contract - FEC
funds to come from Account
D. Planning Services,
Group $40,000
001-2511-515-33.15.
Comprehensive
wi th fund s
Plan - Strategic Planning
to come from Account
E. Planning Services, Comprehensive Plan - Post, Buckley, Schuh
and Jernigan, Inc. $18,000 with funds to come from Account
001-2511-515-33.15.
-3-
F. Planning
and Planning
001-2511-515-33.15.
Services, Comprehensive Plan - Coastal Management
$23,500 with funds to come from Account
G. Fire Station No. 2 Contract - Currie Schneider Associates _
$57,000 with funds to come from Account 333-2311-522-60.31.
H. Rehab Contract Award - Susie Russell - First Construction of
the Palm Beaches, Inc. - $17,000 with funds to come from Account
118-1963-554-60.23.
-4-
[ITY DF DElRAY HEA[N
100 N.W. 1st AVENUE
OELRAY BEACH, FLORIDA 33444
407/243.7000
EXECUTIVE SESSION
OF
THE CITY COMMISSION
An Executive Session to review Collective Bargaining
matters for the IBF&O and IAFF will be held on Tuesday,
September 27,1988, in the Conference Room at 6:30
P.M., pursuant to Florida Statutes 447.605.
~q~
Eliz eth Arnau
City Clerk
THE EFFORT ALWAYS MATTERS
MEMORANDUM
TO:
MAYOR AND CITY .~O.~::;./ S ONE!.S J '7
CITY MANAGERI"II~...( .. <:
AGENDA REPOR;;- MEETING OF SEPTEMBE
~
/
.'
FROM:
DATE:
September 23, 1988
SUBJECT:
PUBLIC HEARING
Item No. 5 (Resolution No. 55-88).
Resolution levying a $6.00 property
City of Delray Beach.
This is the Second Reading of a
tax on all properties within the
Recommend approval of Resolution No. 55-88.
Item No. 6 (Resolution No. 56-88) This is the Second Reading of a
Resolution appropriating funds to cover the City's expenditures for
the next fiscal year (October 1, 1988 to September 30, 1989).
Recommend approval of Resolution No. 56-88.
Item No. 7 (Ordinance No. 108-88) Voluntary Annexation. Property
owner's C. Yancy, III; Peggy R. Byrd; Janh M. and Ann E. Byrd;
C. Brown and Kathleen R. Byrd, represented by Cliff Hertz are
requesting voluntary annexation of a 9.51 acre parcel located at N.W.
4th Avenue between N.W. 12th and 13th Streets with proposed zoning of
R-1AA. The property is contiguous to the City via the residential
single family property to the north and east.
A detailed memo from the Director of Planning and Zoning is contained
in your agenda packet. It has become the source of a considerable
amount of discussion and public comment. A neighborhood meeting was
held on Thursday, September 22nd at which opposition to the R-1AA
zoning was formally voted. This opposition surfaced following a
preliminary subdivision plat which has been formally submitted for
processing. That plat proposes the most extensive 26 lot development
which can be fit on the vacant tract. The R-1AA zoning being
requested was approved by the Planning and Zoning Board based upon an
assumption that the resulting design would not have rear yards along
existing streets. The presently submitted preliminary subdivision
plat in fact does have this configuration, apparently in an attempt by
the developer to maximize the development potential of the site,
discounting direction from the P & Z Board and the feelings of the
neighborhood.
This is a voluntary annexation and as such the petition must be
voluntarily amended. As a result the staff position is to recommend a
denial of the annexation petition which containe been
developed to R-1AAA standards.
Recommend denial of a petition for the annexation of the Byrd property
with an initial zoning of R-1AA.
Item No. 8 (Ordinance No. 109-88)
the Second Reading of an Ordinance
Preservation" of the Municipal Code of
Historic Preservation. This is
amending Chapter 174, "Historic
the City of Delray Beach. This
AGENDA REPORT
Meeting of September 27, 1988
Ordinance was drafted by the City Attorney in conjunction with the
Historic Preservation Board and provides a number of amendments fine
tuning the Historic Preservation Code. This Ordinance includes
language providing that variances denied by the Historic Preservation
Board shall be heard by the City Commission.
Recommend approval of Ordinance 109-88
Preservation section of the Municipal Code.
amending the Historic
Item No. 9 (Ordinance No. 110-88) This is the Second Reading of an
Ordinance amending Title 3 "Administration", Chapter 37, Section 37.02
to the Delray Beach Code of Ordinances. This Ordinance amends the
manner in which the Landlord Permit provision of our City Code is
enforced by providing that enforcement be done through the Code
Enforcement Board.
Recommend approval of Ordinance
37, Section 37.02 of the Delray
Landlord Permit provisions.
No. 110-88 amending Title 3, Chapter
Beach Code of Ordinances relative to
Item No. 10 (Ordinance No. 118-88) This is the Second Reading of an
Ordinance to increase the City's service fees for garbage and trash
collection. This proposed hike is necessary to defray increases in
tipping fees by the Solid Waste Authority to $33.50 per ton and CIP
increases by Waste Management totalling 4.22%. A detailed memo
outlining the new rates was enclosed in your 9/13/88 agenda packet.
Recommend approval of Ordinance No. 118-88 increasing the City's
service fees for garbage and trash collection.
FIRST READINGS
Item No. 14 (Ordinance No. 119-88) This is a First Reading of an
Ordinance designating Seaboard Airline Railroad Station as an Historic
Site. The old Railroad Station has been placed on the National
Registry of Historic Places. The Historic Preservation Board received
an application and conducted a hearing to designate the Railroad
Station as a local historic site.
Recommend approval of Ordinance No. 119-88 designating Seaboard
Airline Railroad Station as an Historic Site.
Item No. 15 (Ordinance No. 120-88) Miller Park Rezoning. This is a
formal initiation of rezoning property owned by the City commonly
known as Miller Field, the Transfer Station, and County owned, City
leased, property immediate south of Miller Field. The rezoning would
be from R-1AA in part and RM-I0 in part to CF (Community Facilities).
The City has obtained the right to use County owned property which is
located just south of the Miller Field baseball facilities. While the
City is not legally required to rezone this RM-I0 property when
utilized as a community facility this rezoning is consistent with
previous Commission's policy applied to Fire Station No. 2 and the
County Court House. These parcels were rezoned to CF prior to action
on development plans.
The Planning and Zoning Board recommended that S.W. 4th Avenue not be
extended through the area of this annexation and that any funding for
-2-
AGENDA REPORT
Meeting of September 27, 1988
extension of S.W. 4th Avenue from its present terminus should be
deleted from any planned capital improvement program in the future.
Recommend approval of Ordinance No. 120-88 rezoning City owned and
County owned property leased to the City from R-1AA in part to CF and
RM-I0 in part to CF and that S.W. 4th Avenue not be extended.
Item No. 16 WITHDRAWN
REGULAR AGENDA
Item No. 17 (Resolution No. 58-88) This is a resolution relative to
acquisition of a 11.6 acre parcel of vacant land located west of the
F.E.C. railroad tracks at the eastern terminus of Curlew Road
generally known as the Scrub parcel. This agreement provides that the
City and County shall each pay $25,000 for an option to purchase the
property for $700,000. The City and County will share the costs for a
soil test.
This item
Attorney.
should be approved in four parts as directed by the City
Actions required on this item include:
A. Authorization to purchase property
B. Approval of the option to purchase
C. Approval of Interlocal Agreement
D. Approval of memo of real estate option agreement
E. Motion to exercise the option to be effective on October
4th.
Recommend approval of Resolution No. 55-88 authorizing purchase of the
"Scrub" property and approval of the action items required as detailed
above.
Item No. 18 Consideration of Modification to Water Service
Connection Requirements for Allen Avenue. The Allen Avenue water main
installation is completed and connections may be made. Normally,
execution of a water service agreement and payment of connection fees
must be accommodated prior to connection. Since residences along
Allen Avenue will be annexed into the City on December 13, 1988, staff
is requesting that execution of a formal water service agreement be
waived and that connection is allowed and billed at in-City rates.
The City Attorney has some question about this method of approach in
that it would leave the City without any recourse to annex property
should the challenge(s) to our enclave actions be successful. I have
attached a memo detailing his concern in your agenda packet.
Recommend consideration of modified
requirements for Allen Avenue.
water
service connection
Item No. 19 Consideration of the Establishment of a Separate Planning
Commission. This item has been requested for consideration prior to
appointment of Planning and Zoning Board members. A staff memorandum
is contained in your agenda packet raising issues which we believe
need to be addressed concurrently with this item.
Item No. 20 Appointment of five members to the Planning and Zoning
Board. The Planning and Zoning Board consists of seven members, each
-3-
AGENDA REPORT
Meeting of September 27, 1988
appointed to two year terms. The terms of five members have expired.
Applications to fill these vacancies have been received from:
***William Andrews
Digby Bridges
Helen Coopersmith
Samuel M. DeOto
Jay FeIner
David Feinstein
Hugh Gage
Mark Krall
Leonard Syrop
***J. Lamar Shuler
Jon R. Levinson
Connie MacKenzie
Jane L. Minter
Leonard B. Mitchell
Rita Naron
David W. Schmidt
Larry M. Schneider
* Presently a
reappointment.
member
eligible
for
reappointment
and seeks
Recommend appointment of members to the Planninq and Zoninq Board to
terms endinq September 27, 1990.
Item No. 21 Consideration of request from Beautification Task Force
for proposed signs at entrances of north and southbound U.S. 1
(Federal Highway). The Beautification Task Force has identified a
number of additional beautification projects beyond those originally
contemplated through the Beautification Bond Fund. This item is a
recommendation to approve a proposed sign design and installation of
signs on north and south Federal Highways. A rendering of the
proposed entry way signs has been placed in the Commission office.
Recommend a roval of si n desi n and installation on north and south
Federal Highways in an amount not to exceed $20 000.
Item No. 22 Conditional Use Permit Request (CU 6-244). Carl Monte
has requested a Conditional Use and Attendant Site Plan for property
located on the southwest corner of Atlantic Avenue and S.W. 9th
Avenue. The proposed use for this .64 acre parcel is a car wash in
addition to existing laundromat and convenience store facilities.
The Planning and Zoning Board at it's August 15th meeting recommended
denial of the Conditional Use based on it's inconsistency with
anticipated future development along Atlantic Avenue. The Community
Redevelopment Agency had previously reviewed the Conditional Use
request and recommended denial as well.
The applicant had requested
reassessment of his site plan.
the applicant.
a postponement of action pending
We have had no subsequent contact from
Recommend denial of Conditional Use (CU 6-244).
Item No. 23 Conditional Use Permit Request (CU-252). Dan Burns
Oldsmobile, Inc. represented by Kilday and Associates has requested a
Conditional Use and Attendant Site Plan for property located on the
southern corner of Linton Boulevard and S.W. 4th Avenue between S.W.
4th Avenue and the F.E.C. Railroad. The proposed use for this .852
acre parcel is an Exxon Gasoline Station.
The Planning and Zoning Board at it's September 19th meeting
recommended approval of the conditional use and site plan subject to
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AGENDA REPORT
Meeting of September 27, 1988
the following conditions:
1. That the proposed modification which provides a minimum of
100 feet of clear stacking distance along the south accessway be
made and processed under the procedures for a "non-impacting site
plan modification".
2. That screening gates be provided for the dumpsters.
3. That a final plat for the entire holdings
with financial guarantees in place, prior to
building permit.
Recommend approval of Conditional Use (CU 6-252).
Item No. 24 Site Plan Approval-- Kentucky Fried Chicken. This is a
request for site plan approval for development of a fast-food
restaurant at the southern corner of Linton Boulevard and S.W. 4th
Avenue, between S.W. 4th Avenue and the F.E.C. Railroad.
must be approved,
issuance of any
The Planning and Zoning Board at it's September 19th meeting
recommended approval with the following stipulations:
1. Provisions of one additional interior tree.
2. That a final plat be approved
financial guarantees in place prior
permit.
for
to
the entire holdings and
issuance of a building
Recommend approval of a site plan for a Kentucky Fried Chicken
establishment at S.W. 4th Avenue and Linton Boulevard.
Item No. 25 Conditional Use Permit Request (CU 6-258). Sol and
Hannah Tietzman have requested a Conditional Use and Attendant Site
Plan for property located on the south side of Germantown Road, north
side of the L-37 Canal and west of the Andover Subdivision. The
proposed use for this 4.08 acre parcel is a Child Care Center.
The Planning and Zoning Board at it's September 19th meeting
recommended denial believing the intensity of use to be incompatible
with proposed development in the general area. The proposed facility
would accommodate approximately 156 children. The site plan
submission which normally accompanies a conditional use request was
not adequate and a formal traffic study was not initially provided.
As a result the issue of appropriateness was placed before the
Planning and Zoning Board.
In addition to questioning the compatibility of use, the character of
Old Germantown Road would be changed in that it would require widening
and turn lanes at the proposed location.
Recommend denial of Conditional Use (CU 6-258).
Item No. 26 Site Plan Approval--On-Site Concrete, Inc. This is a
request for site plan approval for development of a concrete plant
facility on the south side of Depot Road, the east side of the Mack
Industries property, between I-95 and the F.E.C. Railroad.
-5-
AGENDA REPORT
Meeting of September 27, 1988
The Planning and Zoning Board at it's September 19th meeting
recommended approval subject to the following conditions:
1. Extension of the eight inch
property line and installation of
spacing of 300' of road along that
water
fire
water
main to
hydrants
main.
the
at
southern
a maximum
2. Approval of a final plat to be accomplished prior to issuance
of a building permit. In addition to normal requirements the
plat submittal is to include construction plans for the water
system and access improvements (from Depot Road). (Said plat is
to include the total 2.3 acres and provide for new boundaries for
the two parcels).
3. Provision of a traffic statement (with the plat sUbmittal)
and compliance with recommendations contained within it or
imposed after its review. Recommendations will include that
"On-Site Concrete" be responsible for any damage or deterioration
of Depot Road which can be assigned to use by the concrete
trucks.
4. Upgrading of "Tract A" to Code through implementation of
those improvements outlined under Standards #5 and #3 of the
Planning and Zoning Board's Staff report. Site plans for this
upgrading are to be provided with the preliminary plat
submission.
5. That the scope of the operation be limited to four concrete
trucks, 25' height limitation on the silo, and the sand and
gravel storage piles are not to exceed the height of their
screening wall.
Recommend a roval of site and
stipulations.
Item No. 27 Paving Front Yards for Parking Purposes. At your August
9th Commission meeting the question of paving the areas between
streets and houses in order to provide parking of vehicles was
referred to the Planning and Zoning Board. The Planning and Zoning
Board has recommended that no action be taken at this time, as it will
create many nonconforming situations throughout the City.
Recommend acce tance of the Plannin and Zonin Board's re ort.
Item No. 28 Request for contract for Recreation Supervisor I for
Afterschool Program at Carver School, Pompey Park and the Civic
Center. The Commission approved the Afterschool Program Grant in
July. This action provides for the hire of a Coordinator through
revenue from the grant. It is a limited duration position and as a
contract requires the Commission's action.
Recommend a roval of contract for a Coordinator of the Afterschool
Child Care Proqram.
Item No. 29 Merit Review for City Attorney. This item has been placed
on the Agenda at the request of Commissioner Brainerd.
Item No. 30 Fluoridation of City Water.
work session on Thursday, September 22nd.
This item was heard at your
By consensus it was agreed
-6-
AGENDA REPORT
Meeting of September 27, 1988
to have the item placed for action on this agenda. The initial costs
for initiating this process will be approximately $73,000 including
construction, engineering, and permit application. Approximately
$12,000 annually will be expended for chemicals.
I have attached a contract proposal from Post Buckley, our consulting
engineer to provide engineering services required.
Recommend
services
$13,000.
approval of
with Post,
fluoridation of City water and a contract for
Buckley, Schuh and Jerniqan in the amount of
CONSENT AGENDA
Item No. 31 Payment to Little League and Fourth of July. Consider
retroactive payment of $5,000 to Little League and $4,400 of overtime
pay for Fourth of July. This item is pursuant to discussions we have
had regarding the method of payment used for special event activities
and is consistent with the policy statement developed during our
budget discussion workshops.
Recommend approval of retroactive payment of $5,000 to
and $4,400 to the Fourth of July Committee from
Recreation Special Events account.
Little Leaque
the Parks and
Item No. 32 Christmas Tree and Pumpkin Sales- Delray Beach Sunrise
Kiwanis. Christmas Tree and Pumpkin sales have occurred at this
location foll\' a number of years and the Delray Beach Sunrise Kiwanis
would like to continue. Approvals have been obtained from the
property owner.
Recommend approval
at the southwest
S.E. 10th Street.
of the request to "'ell Christmas trees and pumpkins
corner of the intersections of S.E. 5th Avenue and
Item No. 33 (Resolution No. 53-88) This is a Resolution for the
abandonment of 3 feet of a 15 foot wide drainage easement adjacent to
Lot 13 at the Fairways of Delray subdivision. The abandonment request
is submitted for the purpose of constructing a patio and screen
enclosure on this lot. The drainage easement is dedicated to the
Fairways of Delray Homeowners Association, which has no objection to
the abandonment request. Engineering staff has reviewed this request
and determined that subdivision drainage will not be adversely
affected by the proposed abandonment.
Recommend approval of Resolution No. 53-88.
Item No. 34 (Resolution No. 54-88) This is a Resolution for the
abandonment of the south 5 feet of the 15 foot wide drainage easement
adjacent to Lot 17 at the Fairways of Delray subdivision. The
abandonment request is submitted for the purpose of constructing a
patio and screen enclosure on this lot. The drainage easement is
dedicated to the Fairways of Delray Homeowners Association, which has
no objection to the abandonment request. Engineering staff has
reviewed this request and determined that subdivision drainage will
not be adversely affected by the proposed abandonment.
Recommend approval of Resolution No. 54-88.
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AGENDA REPORT
Meeting of September 27, 1988
Item No. 35 (Resolution No. 57-88) This is a Resolution for the
abandonment of property associated with the expansion of Delray Mazda.
Formal processing of this abandonment is required as a condition of
the conditional use and site plan for the Delray Mazda expansio
project. At it's September 19th meeting the Planning and Zoning board
recommended approval.
Recommend approval of Resolution No.
57-88.
Item No. 36 Final Plat Approval-- Delray Mazda. William Chamberlain
represented by Digby Bridges is requesting final plat approval for
property located at the northwest corner of Federal Highway and LaMat
Avenue. This is the final step of the formal approval process for the
Delray Mazda expansion project. Staff has reviewed this request and
is recommending approval of the final plat subject to the conditions
outlined in the detailed memo enclosed in your agenda packet.
The Planning and Zoning Board recommends approval contingent upon
receipt of the following documentation:
1. Appropriate revisions/handling of the mortgagee dedication
statement (City Attorney).
2. Certification as to form of the agreements for Federal
Highway landscaping and Federal Highway median improvements.
3. Modification of the Federal Highway median agreement
regarding credit against County Road Impact Fees.
4. Either improvements being in place or a financial guarantee
being in place pursuant to the subdivision code.
Recommend approval of the final
Mayor executes the mylars upon
defined above.
plat for Delray Mazda and request the
receipt of appropriate documents
Item No. 37 Amendment to Departmental Organizational Chart. Pursuant
to Ordinance 18-88 I would like to recommend modification to the
City's organizational chart by removing the Finance Department from
Management Services and the Police and Fire Departments from Community
Services. As a result each of these three departments will report
directly to the City Manager. This change is a result of discussions
between Department Heads and myself subsequent to the earlier
organizational plan.
Recommend approval of an amendment to the City's orqanizational chart
as proposed.
Item No. 38 Lease agreement between the City and the Palm Beach
County School Board. This is an amendment to our April agreement
between the City and the School Board of Palm Beach County
accelerating the transfer of the Delray Beach Elementary School. This
will allow the transfer to occur within 30 days following the date of
execution of the amendment and provides that the City will agree to
lease back to the School Board portions of the Delray Beach Elementary
School which are necessary for the assignment of students or for other
educational purposes on a one year renewable annually basis.
-8-
AGENDA REPORT
Meeting of September 27, 1988
Recommend approval of an amendment to an aqreement between the City
and the School Board regardinq transfer of the Delray Beach Elementary
School.
Item No. 39 Addendum to Refuse Contract. The original contract with
Waste Management called for an increase in billing fees in August of
each year based on the CPI of the previous year. This amendment
adjusts the increase from August to October 1st which is compatible
with our fiscal year and with the Solid Waste Authority's fiscal year
as well. The two month delay will produce a slight savings for
residents of the City.
Recommend
City and
collection
approval of Amendment No. 8 of an aqreement between the
Waste Management Incorporated for qarbaqe and trash
within the City of Delray Beach.
Item No. 40 Water Service Agreement. R.O. and Carol Priest have
executed a water service agreement for property located at the
northwest corner of Barwick Road and the L-31 Canal. Staff has
reviewed this request and determined that the property is contiguous
to the City and is eligible for annexation. An adequate supply of
water is available to serve this residential dwelling.
Recommend approval of water service aqreement with R.O.
Priest.
and Carol
Item No. 41 Acceptance of Easement Deed- Hamlet. This easement deed
has been prepared for the purpose of relocating a part of a sanitary
sewer maintained by the City in order to allow the Hamlet to excavate
a lake. Staff has reviewed this request and recommends approval.
Recommend acceptance of easement deed
the oriqinal deed.
Item No. 42 Establishment of Scenic
Thursday, September 22nd workshop the
to designate Swinton Avenue as a
Episcopal Church along Swinton to the
pursuant to that consensus.
and direct City Clerk to record
Route along Swinton. At your
Commission by consensus agreed
scenic drive from St. Paul's
north City limits. This item is
Recommend establishment of a scenic route alonq Swinton north from St.
Paul's Episcopal Church to the north City limits of Delray Beach.
Item No. 43 Modification to MPO Plan to Oppose Additional Traffic
Lanes on Swinton, North of St. Paul's Episcopal Church. At your
Thursday, September 22nd workshop discussion was held about the
potential widening of Swinton. This action, taken at the request of
Old School Square Historic District Property Owners, requests the City
to petition the Metropolitan Planning Organization to reconsider any
plans which would widen Swinton from its present two traffic lanes.
Recommend modification of the
2005 Ian to eliminate the
Boulevard north of St. Paul's
Beach city limits.
Metropolitan Planninq Orqanization's
addition of traffic lanes on Swinton
Episcopal Church to the north Delray
Item No. 44 AWARD OF BIDS AND CONTRACTS:
-9-
AGENDA REPORT
Meeting of September 27, 1988
A. Guardrail Installation - Brant Drive and Davis Road
Transportation Safety Contractors, Inc. - $13,439.80 with funds
to come from Account 001-2911-510-60.63
B. Janitorial Services for
Building Maintenance, Inc.
Account 001-2113-521-33.17
Police Department Building - W. & F.
$21,792 with funds to come from
C. Rental Rehabilitation Program - Deferred Loan Contract _ FEC
Management, Inc. - $13,462 with funds to come from Account
118-1975-554-60.23
D. Planning Services,
Group- $40,000 with
001-2511-515-33.15
Comprehensive
funding to
Plan - Strategic Planning
come from Account No.
E. Planning Services, Comprehensive Plan - Post, Buckley, Schuh
and Jernigan, Inc- $18,000 with funds to come from Account No.
001-2511-515-33.15
F. Planning Services, Comprehensive Plan - Coastal Management
and Planning $23,500 with funds to come from Account No.
001-2511-515-33.15
G. Fire Station No. 2 Contract- Currie Schneider Associates-
$57,000 with funds to come from Account 333-2311-522-60.31
H. Rehab Contract Award-
the Palm Beaches, Inc.
118-1963-554-60.23
Susie Russell- First Construction of
$17,000 with funds to come from
-10-
[ITY DF DElRAY HEA[N
100 N.W. 1st AVENUE
DELRA Y BEACH, F LOR IDA 33444
305/243- 7000
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Walter O. Barry, City Manager WoE/"",
SUBJECT: PLANNING & ZONING BOARD APPLICANTS
DATE: September 27, 1988
The following names were inadvertently left off the list for applicants
wishing to serve on the Planning & Zoning Board:
Jean Beer
Helene Safran Egelman
Edith Jennings
WOB:nr
~
~
^
[ITY DF DElRAY BEA[N;.J1
,?:;~&!f;
"',.,." II.,..,."'"" ....v,,.. OFF''''E
"II . ,.... . Unl\lI:;; I ~ .\1
310 S.E. 1st STREET, SUITE 4 DFLRAY RFACH, FIORmA 114R)
407/243.7090 TELECOPIER 407/278-4755
September 27, 1988
Vladimir Martinez, Esq.
Associate General Counsel
School Board of Palm Beach County
3323 Belvedere Road
West Palm Beach, FL
Re: Amendment to Delray Beach Elementary School Aqreement
and Subsequent Lease of Portion of former Delray Beach
Elementary School
Dear Vlad:
The purpose of this letter is two-fold. First, let me thank
J:'-''-+. fuJ.. l' Cui. u...::;,sl..si...a..i.'ice 1n quickly resolving the requested
modifications in the Delray Beach Elementary School Acquisition
Agreement and the draft which you had provided of a proposed
lease agreement.
As you know, the City Commission of the City of Delray Beach
approved of Amendment No. 1 to the Delray Beach Elementary
School Agreement at thei r regular City Commission meeting of
Tuesday, September 13, 1988 and same shall be executed and sent
to your office for your further review and handling.
The second item is that I have in fact received your draft of
the proposed Lease Agreement which would be used to effect a
leaseback to the School Board of a portion of the former Delray
Beach Elementary School site after we have closed on the
transfer of the title of the property from the School Board to
the City. It is my understanding that the closing on this
property will be scheduled within the next two weeks.
That being the case, I have reviewed and have marked on the
proposed Lease Agreement certain modifications which I believe
are appropriate and in accordance with my general guidelines as
given to me by the City Commission.
Once you have had an opportunity to review the changes I have
proposed in the Lease Agreement, it would be appreciated if you
could provide me with your thoughts on the acceptability of
same. This Lease Agreement is now scheduled for consideration
and approval by the City Comrr.ission at the regular City
September 27, 1988
Vladimir Martinez, Equire
Page Two
Commission meeting of Tuesday, September 27, 1988. By copy of
this letter to the City Manager's office, we are confirming
that we have requested that this matter be placed on the City
Commission's Agenda for September 27, 1988.
If I can be of any further assistance to you in the
finalization of this matter, or if you have any questions,
please contact me personally at your earliest convenience.
Again, thank you for your continued cooperation and assistance.
Sincerely yours,
OFFICE OF THE CITY ATTORNEY
CITY O~RAY BEACH, FLORIDA
By: {/~
Herbert W. A. Thiele, Esq.
City Attorney
HT:co
enclosures
cc: City Commission
Walter o. Barry, City Manager
David M. Huddleston, Director of Finance
Lee Graham, Risk Management Director
O'~/ 13./ 19:3:::: 15: 35 'i<*** F'AHAFA>< UF -400 >Pl<+::+:
06608015 P.Ol
"
.. ..
l.WB AGRHBMBNT
. ,
THIS
LEASE,
dated
this
day
of
, 1988, by and between the City of Delray
f/o~ ;J'1
Beach, Florida, ajlmunicipal corporation (hereinafter referred
to as "Lessor") and The School Board of Palm Beach County,
Florida, a corporate body politic purSUant to the Constitution
of the State of Florida, (hereinafter referred to as "Lessee"):
WIT N B 5 S B T If:
1. DEMISHD PREMISES:
Lessor, in consideration of the rents and COVenants hereinafter
stipulated to be paid and performed by the Lessee, does hereby
demise and lease to Lessee, and Lessee hereby rents from Lessor,
the fOllowing described premises (hereinafter referred to
"Demised Premises"): A portion of the Delray Beach Blementary
School located at 51 North Swinton Avenue, Delray Beach,
Fl""., I. m". "<","1m, d"'''b.d ,. Comp"it. "hib"
"A" a ttache::ffi:~;brPlra ~e~e~~}}~:~4~~
2. TERM ANn RBNTAL: ~ / ~./'
The term of this lease shall be one year from the day above
written at an annual
rent of One Dollar ($1.00).
exclusive righto;.t1rivilege,
Lessor.hereby
grants to Lessee the
iJld 91Jtion te 76
renew this Lease for ten additional periods of one year each,
succeSSively, ir m the date of the expiration hereof and Upon
the same terms and conditions as during the original term
hereof.
3. llTILITJBS::
/J~(;~J,4 ~ ~'~~""'/L?;C~ C~.rD~
Lessee hereby agrees to pay the SUm of Five Hundred Fifty
? Dollars ($550.00) per month for electric, water, sanitary sewer,
and natural gas service consumed on or rendered to the Demised
Premises.
4. MAINTENANCB AND ~BPAIR:
Lessee shall, at its own cost and expense, maintain and
repai r the Demised Premises, including replacement of damaged
portions or items caused by Lessee or Lessee's Agents,
employees, invitees, or visir.ors.
In addition, Lessee hereby
covenants to maintain the intercom system, fire alarms, and
09/13/1988 15:36 **** PRNRFRX UP-400 ****
06608015 P.02
other life safety systems in Use in the Demised Premises.
Lessor covenants and agrees to keep and maintain in good
order the exterior of the Demised Premises, the parking area,
and all "common areas" in good repair.
S. LIABll.1TY:
The parties hereto recognize their liability for certain
tortious acts of their agents, officers, employees and invitees
to the extent and limit provided in Chapter 768.28 of the
Florida Statutes, the State of Florida's partial waiver of
sovereign immunity, provided however, that this provision shall
not be construed as a waiver of any right or defense that the
tessee and the tessor may possess and said Lessee and Lessor
reserve all such rights as against any and all claims that may
be brought under this Agreement. Both parties hereto covenant
to self-insure their liability throughout the term of the
leasehold provided for herein as authorized in Section 230.23,
Florida Statutes.
6. FIRP. AND CASUALTX:
In case the Demised Premises or any part thereof shall at any
time during the term of this lease be destroyed or damaged by
fire or other unavoidable casualty so as to be unfit for
"..~
occupancy and use and 68 !liat; the premises ~not -he res tored
or rebuil t by the Lessor wi thin 30 days thereof, this lease
shall terminate; ~t if said premises can be restored or rebuilt
4. I- IfJ J'ofe pD(;/X """/ ~Sc 70
within 30 days, the Lessor';fat its o\o,on expense llA.4 with ""e
rliligg~~A. 'Aal~ so restore or rebuild the premises, and a just
and proportionate part of the rent provided for herein shall be
paid by the Lessee until the premises shall have been so
restored/ 0;.//", 110 (!,:,..i.. r's 4.rst>." "/.,A--....\~ o6;f,e.ho'1 "'/4.r.;:()~...,; So
m -1>~~ .r..c( ....(7,ro""(~'O<, 0,," ~{)..,'U.....o~~A....."ad~.../~.
7 . NOTICBS v
All notices herein required or permitted to be given to or
served upon either party shall be in writing. Any such notice
shall be deemed SUfficientlY given or served, if served
personally or if sent by Certified Mail or by any nationally
recognized overnight carrier to the Lessor or Lessee at the
address set forth as follows:
09/13/1988 15: 36 **** PRIIAFAX UF-4IJ0 ****
06608015 P.03
LESSEE:
School Board of Palm Beach County
3323 Belvedere Road
West Palm Beach,FL 33402
8. QUIBT BNJOYNRNT:
CrlY~'k~~ LESSOR:
CLty eM Delray ileach;r::&.-;,lq
100 N.W. First Avenue
Delray Beach, FL 33444
Lessor warrants to Lessee that during the term of this
agreement, if Lessee is not in default hereunder, Lessee's quiet
and peaceable enjoyment of the Demised Premises shall not bea"'.......~~
disturbed or interfered with.
9. ATTORNBY'S FEES:
Should any litigation be commenced between the parties to
this lease concerning the property, this lease, or the rights
and duties in relation thereto, the prevailing party in such
litigation shall be entitled, in addition to other relief as may
be granted, to a reasonable attorney's fee and costs concurred
in said litigation.
10. INVA~IDITY OP A PARTICULAR PROVISION:
If any term or provision of this lease shall to any extent
be deemed invalid or unenforceable, the remainder of this lease
shall not be affected thereby and each term and provision of
this lease shall be valid and enforced to the fUllest .extent
provided by law.
11. ~OVHRHING LAW:
All matters pertaining to this lease shall be governed by the
laws of the State of Florida.
12. INTRGRATIOH CLAUSE:
This lease agreement sets forth all the covenants, promises,
agreements, conditions, and understandings between Lessor and
Lessee governing the demised premises. There are no covenants,
promises, agreements, conditions, and understandings, either
oral or written, between Lessor and Lessee other than those
herein set forth.
Except as herein provided, no subsequent
alterations, amendments, changes or additions to this lease
shall be binding upon Lessor or Lessee, unless and until reduced
to writing and signed by both parties.
09/13/1988 15:37 **** PANAFAX UF-400 ****
06608015 P.04
IN WITNBSS WHBRBOP, the parties have hereunto executed this
lease on the day and year first above set forth.
SCHOOL BOARD OF PALM BBACH
COUNTY, FLOIUDA
BY:
Arthur W. Anderson, Chairman
Attest:
Thomas J. Mills, Superintendent
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME personally appeared Arthur W. Anderson, Chairman
and Thomas J. Mills, Superintendent of The School Board of Palm
Beach County, Florida, to me well known and known to me to be
the persons authorized and who executed the foregoing instrument,
and acknowledged to and before me that they executed said instrument
for the purposes therein expressed.
WITNESS my hand and official seal, this ___ day of
1988.
,
Notary Public
My Commission Expires:
7//,D.dcl,{iS fo.f~~", ~
CITY OF DELRAY BEACH
C'{.;Hlo>'>J..Y
(
BY:
Mayor
Attest:
City Clerk
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME personally appeared
and Mayor and City Clerk respectively
of the City of Delray Beach, to me known to be the persons authorized
and who executed the foregoing instrument, and acknowledged to
and before me that they executed said instrument for the purposes
therein expressed.
WITNESS my hand and official seal, this day of
1988
,
Notary Public
My Commission Expires;
09/13/1988 15:38 *,** PANAFl'iX UF-400 ****
0660SiJ15 P.05
Description of Demised Premises
All of Building No.
)dJU ,-e-;1"Jexcept the following:
I
0: 4/5
First Floor
107(A).
1 (Administration,
- Rooms 106, 106(A).
Second Floor - 205, 205 (A).
Library,
106(B),
Classrooms) t'~
106 (C), 107.
Together with Parking Area adjacent to Building No.1
Page 1 of Composite Exhibit "A"
09/13/1988
15: 3E: **** PRIIRFRX UF-400 ****
05508015 P.05
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"'T'",-,"'T'"'~,' .....'.-,.....
DEPARTMENTAL
CORRESPONDENCE
[ITY DF
DELRAY HEA[N
~~(j
TO
G1~ jrry, C:y Manager
id J. KOV~Dir~
Department of Planning and Zoning
FROM
SUBJECT
ORDINANCE 109-88 AMENDMENTS TO HISTORIC PRESERVATION
ENACTING ORDINANCE AND REGULATIONS
DA TE Sept. 26, 1988
I have reviewed this proposed ordinance which is scheduled for
2nd reading and public hearing at the City Commission meeting of
September 27, 1988. While I had been involved in some early
discussion sessions about variance provisions and copies of
earlier drafts were routed to this office, I had not been able to
turn my attention to the draft ordinance until this late date. I
had also thought the draft ordinance would have gone to a
Commission work session at which time the items raised in this
memo could have been addressed.
In light of the items I have noted below, the following courses
of action seem available:
a) let the ordinance proceed as written -- this is not
recommended since some which is done now will need to
be redone latter, thus creating additional confusion;
b) proceed with those portions of the revision which are
deemed "critical" at this time and defer the rest;
c)
continue action at the City Commission level and
to a staff review and markup session, assign
leader, involve HPB leadership as (and
appropriate;
refer
staff
when)
d)
continue indefinitely with referral to
Preservation Board and reconsider after
these comments.
the Historic
they review
Review Comments:
Page 6, l73.30(B) What are "architectural plans"? In reading
the paragraph they appear to be construction drawings. Required
approval of such plans by the Historic Preservation Board adds
another action step to the process. This action step is not
provided for elsewhere. If they are meant to be elevations or
site plans, then the term should be changed.
eM 362
THE EFFORT ALWAYS MATTERS
To: Walter o. Barry, City Manager
Re: Ordinance 100-88 Amendments to Historic Preservation
Enacting Ordinance and Regulations
September 26, 1988
Page 2
Page 6, 173.30(C) "Relocation" this appears to be a
definition as opposed to a basic requirement.
Page 7, 174.31 (A) The requirement
Standards as a standard exceeds a
situations handled where the document
request e.g. a rezoning or use matter?
to use the Interior's
"guideline". How are
does not apply to the
Page 7, 174.31 (B) How does this information relate to l73.30(B)
cited above?
Page 7, 174.31 (C) This appears to be an inappropriate
"guideline" since it is to be a guideline in itself.
Page 7, 174 . 31 (D) How and
hardship" to be considered?
applied as a "guideline"?
in what manner is "undue economic
i.e. how is this statement to be
Page 7,174.31 (E) This item is not a guideline: it is a
requirement. Such items should be accommodated in a different
section.
Page 8, 174.31 (F) The term "may" is used in the last line.
Should not the term "will" or "shall" be used?
Page 8,174.31 (I) It appears that these are "guidelines". An
introductory clause would assist in directing how such guidelines
are to be applied/considered. How do these guide11nes relate to
the requirements of (A)? In subsection (2), how is "adjoining"
interpreted is it not covered by the proceeding word,
"adjacent"?
Page 9, 174.31 (I)(9) The phrase "shall form cohesive walls of
enclosure along a street "is vague in my mind. Is this
guideline really desired?
Page 10, 174.31 (K) This directive seems inappropriate for the
"guideline" section. It may best be placed in the
"responsibilities of the Board"section.
Page 10, 174.32 (B) "Determined" and "approved" seem to me to be
the same in their meaning i.e. they are equivalent terms. The
paragraph provides for the Board to "accept" the application
where earlier it is submitted to a "department". Clarification
is appropriate.
Page 10, 174.32 (D) How does the taking of "final" action relate
to previous requirement for approval of "architectural plans"?
Construction (architectural) plans may follow submission of a
C.O.A. by a significant period of time.
To: Walter O. Barry, City Manager
Re: Ordinance 100-88 Amendments to Historic Preservation
Enacting Ordinance and Regulations
September 26, 1988
Page 3
Page 12,174.33 (A)(2) It seems inappropriate to require owner
consent and also to require an action at the owner's expense.
Perhaps, the requirement that corrective action be taken at the
owner's expense be deleted.
Page 13, 174.40 (B) Cannot the initial constitution of the Board
be deleted from the ordinance since it is already established?
Page 13, 174.40 (e) Procedures herein are contrary to commission
policy regarding appointments.
Page 14, 174.43 (F) What variances are ~"l~ i.e. variances
to what? I presume only for those items addressed by the
Board of Adjustment since that is the paragraph (power) title.
There is confusion with the term "signs" in the last line since
the Board of Adjustment does not address signs except with
respect to their location as structures. If it is meant that a
variance power is granted for provisions of the sign code, it
should be addressed elsewhere than under "Act in lieu of the
Board of Adjustment".
Page 14, 174.51 Reference
Development and Inspection".
is made to the "Department
This department may not exist.
of
Page 15,174.53, introduction The submission of material listed
therein is permissive i.e. "may". Should it not be mandatory?
Also, what is the purpose of this section? Does it provide
submission requirements related to another section, if so, it may
be best located with the referring section. Also, I question how
"undue economic hardship" is to be u~ed with respect to the
ordinance. Is it to be in the ('o<l5u:lu1!:\tC\l-\of C.O.A.s or variances
or both? If it applies to var~ances, how does such a criteria
jive with Board of Adjustment criteria and is this power of the
HPB an item which will lead to the granting of variances for
non-historic purposes in d manner not available to other
properties which have the same physical or financial situation?
Page 16, 174.54 (A) I assume that the variances which are
allowed are only those which are (were) empowered to the Board of
Adj ustment, thus they would not include landscaping and signs.
Note that variances to landscaping requirements are prohibited
(page 18).
Page 16, 174.54 (B)(l)(b) requires punctuation .... again signs
are mentioned ... ?
I interpret (B)(l)(b) provid'~ for variances to be granted on a
basis other than "historic p~eservation", if so, it may be
necessary that legal staff be in attendance at all variance
hearings of the Board and that special staff be provided to
insure that legal documents and findings are properly documented.
To: Walter o. Barry, City Manager
Re: Ordinance 100-88 Amendments to Historic Preservation
Enacting Ordinance and Regulations
September 26, 1988
Page 4
Page 17,174.54 (B)(l)(c) Does the term "literal interpretation"
need explanation? Is the last "of" to be an "or"?
Page 17, 174.54 (B) (2) "the public hearing" shows here for the
first time .... Are there requirements el~e;,w..here which require
such a public hearing. There do not appear1pfovisions as to who
is to receive the mailing list and do the mailing. It appears
tha t there is redundancy in ( a) and (b) as it re la tes to the
"official County Tax Rolls".
Page 17, 174.54 (B)(4)
of (B)(l)"? If not,
itself?
Should the reference be "(B)(2)" instead
is not the last sentence redundant in
Page 18, 174.54 (B) (6) Is the phrase "in conformity with
existing ordinances" a restrictive phrase? Is it meant to be?
Can not conditions go beyond ordinance requirements? Would not
an ordinance requirement apply no matter what?
Page 18, 174.54 (B) (7) (A)
inappropriate in that uses
codified.
The term "existing ordinances" seems
allowed in a zoning district are
Page 19, 174.54 (B)(12) Are "unnecessary hardships" and
"maintain historic character" both required in order to grant a
variance? How does "unnecessary hardship" relate to "undue
economic hardship"? Is "unnecessary hardship" addressed elsewhere
in the enacting ordinance? Is the term "existing ordinance"
superfluous?
Page 19, 174.99 reference is made to "this chapter" --- what
specifically is the reference? This question is asked in light
of the numbering system of the Code perhaps the chapter
should be referenced by its number (e.g. 174).
Also, the ordinance has two section 2ls.
----------
----------
Re attached forms.
One form has the Board meeting on the third Friday of the month.
The other has it meeting on a Thursday. How are the meeting
dates of the Board established? Are the dates on the forms
consistent with the authorized meeting dates?
The variance request form seeks
granted by the H.P.B. Should
variances considered by the Board
information on other
not information on
of Adjustment also be
variances
previous
sought?
Since the findings per
information regarding them
provided for in item (7).
l74.54(B)
should
are so
be more
important,
formalized
the
than
To: Walter o. Barry, City Manager
Re: Ordinance 100-88 Amendments to Historic Preservation
Enacting Ordinance and Regulations
September 26, 1988
Page 5
On the H.P.B!s write-up page, the Findings of
have more room and each required finding
insuring that it is addressed by the Board.
The word "c:.O~~h61\:50' should be substituted for the word
"modifications" tnroughout.
Fact, (a),
identified;
should
thus,
Page 9, C.O.A. Item IX: Should read:
When this application is filed by the first Friday of a
month, it will first be heard by the Historic Preservation
Board at its next regular meeting which is held on the
second Thursday following the first Friday.
The Board must act within a reasonable period of time but in
no event later than 90 calendar days from receipt of an
application. Longer periods for action may be considered
pursuant to Section 174.32(D), Delray Beach City Code.
Page 11, C.O.A. change "modifications" to "conditions".
Where are the requirements pertaining to expiration of a C.O.A.
located? If not in the ordinance, they either should be or the
expiration information on the application should be deleted.
Also, the term "25%" should be expanded upon i.e. 25% of what?
Finally, the ordinance provides that the forms shall be approved
by the Board. Thus, it seems inappropriate that they are
presented to the Commission for approval.
[ITy,IOF DELRAY BEA[H
Ii
I:
;il
"
,
To:i
,
, ~
FROM!.
p'
,
SUBtCT'
t'f
DATm:
100 N,W. 1st AVENUE
DELRAY BEACH, FLORIDA 33444
305/243- 7000
MEMORANDUM
Mayor and City Commission
Walter O. Barry, City Manag~ ~ ~ ___ ~
CAPITAL IMPROVEMENT BOND PLAN
September 23, 1988
Attached is a summary from the Director of Finance regarding the
individual project costs translated into millage equivalents for the
3.1 million capital program being discussed. In addition I have
enclosed a list of street and drainage capital improvement projects for
consideration beyond the 3.1 million dollars preliminarily approved by
the City Commission.
I I' 'I have also attached a pro forma which describes the potential fiscal
: I' implications of a $5 million bond anticipation note assuming several
cl -'construction draw senarios. This plan takes advantage of arbitrage
which will be available to the City during the current calendarlyear
. under IRS rules. I
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THE EFFORT ALWAYS MATTERS
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DEPARTMENTAL
CORRESPONDENCE
o Walter O. Barry, City Manager
Ro~Dai~d M. Huddleston, Director of Finance
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UBJECT ca~~tal Improvement Program Plan
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[ITY OF
DELRAY BEA[H
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[Ji\ TI~
09-22-88
IDuring the public hearing on the budget at the September 15, 1988
:Commission meeting, it was requested that staff provide Commission with the
,
:~quivalent millage costs of the eight projects that were discussed at their
i!'-.ugust 22, 1988 budget workshop. The following table depicts the project
:I'description, estimated project cost, the millage rate equivalent and the
II'annual financial impact to property owners with a net assessed value of
.25,000, $50,000 and $75,000.
proj ect
Description
Tennis Center
Lake Ida Land Acquisition
City Hall Expansion
Parking Land Acquisition
Old School Square
Veterans Park, Barwick
Park, Miller Park and
Golf Course
Paving and Drainage
Housing
TOTAL
Estimated
Project
Cost
$600,000
$400,000
$500,000
$400,000
$300,000
$350,000
$450,000
$100,000
$3,100,000
Millage
Rate
Equivalent
$0.04/$1000
$0.03/$1000
$0.03/$1000
$0.03/$1000
$0.02/$1000
$0.02/$1000
$0.03/$1000
$0.01/$1000
$0.21/$1000
Annual Tax Impact
Net Assessments:
$25,000 $50,000 $75,000
$1. 00
$0.75
$0.75
$0.75
$0.50
$0.50
$0.75
$0.25
$5.25
$2.00
$1.50
, $1. 50
$1. 50
$1. 00
$1. 00
$1. 50
$0.50
$10.50
The column entitled "Millage Rate Equivalent" reflects either:
"
$3.00
$2.25
$2.25
$2.25
$1. 50
$1.50
$2.25
$0.75
$15.75
1. The additional millage assessment for the projects if a Genera.
Obligation Bond Issue were approved, or
2. The corresponding additional requirement if the City decided to p1ed~'
another available revenue source other than taxes.
The "Annual Tax Impact" columns reflect the net assessed value of a hOl1\
after deducting a $25,000 Homestead Exemption. As indicated, the Tenni
Center would have a millage equivalent of $0.04 per $1,000 of assesse
valuation which would equate to $1.00 per year for a home with a n~'
assessed value of $25,000. I
,
~1
The City would have the option to select the various projects to include
within next year's budget and a decision to initiate a project would thet
require a funding mechanism on a pay-as-you-go process out of the currerii
year's budget or financing the project through loans or bonds for the !
:M 362
THE EFFORT ALWAYS MATTERS
1
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;I:~xpected life of the project. Capital Improvement Programs are commonly
,I,'financed by long-term debt so that the annual debt cost of the proj ect
I:,;oould be allocated to all users over the life of the bond. The use of
,:ilong-'t'er,m borrowing, therefore, decreases the annual cost to each resident.
,I'il.', , ., ,}
'iIn order to
"necessary for
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borrow funds from a financial institution, it would be
the City to pledge a revenue source to pay back the annual
payments. The two most common pledge methodologies are:
A General Obligation issue which pledges the full faith and credit of
the City to include levying sufficient property taxes to pay the debt
service. A General Obligation debt requires a referendum to approve
the pledging of the Ad Valorem taxes.
The other common pledge would be that of special or guaranteed revenue
sources to the City. The City has in the past pledged Utility Tax
revenues generated from the assessment of a tax on the sale of
electricity, telephone and bottled gas services within the City. This
type of revenue provides a stable annual, st,eam of revenues which is
viewed very favorably in the bond market as a reliable and dependable
revenue pledge. A pledge of specific revenue only requires that that
revenue source be used to pay the annual debt service and would not
provide a guarantee of the full faith and credit pledge of the City.
Since a revenue pledge does not guarantee the levied Ad Valorem taxes
it is not required to have a referendum for this type of issue. It
should be noted, however, that when existing revenue sources are used
as a pledge for long-term debt that this process removes revenues
which have been used within the operating budget of the City. The
pledge and use of these revenues for long-term debt service,
therefore, reduces the amount of available funds within the City's
operating budget and correspondingly we would have to decrease
existing expenditures or raise additional revenue sources which might
include the increasing of the Ad Valorem taxes by increasing the
millage rate.
When the City issues long-term debt to pay for capital, projects, the
Interhal Revenue Service regulations require the projects be categorized
.int'o two basic categories. Either allowing the borrower to use tax-exempt
interest COUpOhS or taxabli interest coupons. Of the above list of
projects, two need ad.ditional determination as to whether or not they woul~
qualify as "public purpose" (which determines if they are eligible fot
tax-exempt borrowing): the Old School Square project and the seed mone~
for a housing, program. The concern with the Old School Square is based
upon the Internal Revenue Service regulations as to "public purpose" anti
the current consideration to rent office space in the Old School Squar~
,
project which would be subject to revenue restrictions. The actual scop~
and definition of these two items needs to be further explored and a lega~
opinion provided and I would, therefore, recommend these items not bp
considered at this time with the aggregate borrowing of the other "publiF
purpose" proj ects. J
,
.
The proposed fiscal year 1988-89 budget includes a rather substanti~
Capital Improvement Program list of projects on pages 421 through 423 and
other projects are in the process of being identified as part of the
2
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~"aPita1 Improvement Program element as part of the Comprehensive
anagement Act. If the City desires to proceed with any of the
'eferenced projects or any other projects, the City's options
include:
~.
1 Establishing a Line of Credit with a local financing institution.
~: Borrowing through a State-funded pool.
llption One, "Bond or Bond Anticipation Notes", would allow the City to
~orrow up to $5,000,000 and use arbitrage interest earnings to help offset
,~he annual debt service payments. Bond or Bond Anticipation Notes would
Require the pledge of a revenue and these Notes could then later be
!~ncluded with additional borrowing in later years. Inasmuch as the City is
",
ijontemplating the implementation of many projects over the next three
~ears, the City could establish an initial Bond or Bond Anticipation Note
~n the amount of $5,000,000 which would allow the City to earn positive
~rbitrage earnings over the next three years. The arbitrage process allows
~he City to invest the proceeds of the borrowing at a higher rate of
interest than the interest rate/expense of the borrowing. This would be
based on the understanding that the projects, established and prioritized
by the City Commission, be started and completed over the next three years.
As the City develops a list of priorities, additional Bond or Notes could
be issued or the additional projects could be combined in a new Bond Issue
to provide funding for the City's Capital Improvement Program.
Growth
above
would
The issuance of a Bond or Bond Anticipation Notes.
Option Two, "Establishing a Line of Credit", would allow the City tp
establish a Line of Credit with a financial institution which would allot
the City to borrow only the monies necessary to either make the Ian
acquisition or construction draws. However, this methodology would no
allow the City to take advantage of arbitrage interest earnings.
Option
focused
not had
Three, "State-Funded Pool", State-funded pools have primaril
on large borrowings (in excess of $10,000,000). These pools hav
a great, deal of demand or interest in the State of Florida.
Recommendation
The following actions should be considered by the City Commission:
1. Which projects would the Commission like .to proceed with?
2. The relative time schedule for each project.
3. After Items One and Two have been resolved, direct staff to see
proposals or to negotiate financing at the most beneficial rate to th
City based on the project amounts and types selected. f
.'
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DMH/sam
3
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MEMORANDUM
I
Tal Walter O. Barry, City Manager
JbuGH: Frank Spence, Inte~DeVelopment Services
i:: ~~ :::~. ~:' ,::.:~ "''::'
:1'1 str~ets and Drainage
Thl! following is a list of suggested capital improvement projects that may be
co '1:':.." idered for funding:
1. The Northwest Storm Drainage Project - total $2,060,000.
phase one - trunk line in NW 2nd st. to outfall canal - $628,000.
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4.
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Widen SE 10th st. to four lanes from Federal Hwy. to Swinton Ave.
$400,000.
Street resurfacing and reconstruction - $500,000. per year.
street and drainage improvements to annexed areas in the vicinity
of Germantown Rd. and Silver Terr. - $900,000. (these improvements
would be coordinated with the water main and sanitary sewer main
extensionsl
5.
Resolve to complete the present storm drainage projects as listed'
in the Utility Tax Bond Issue - $250,000.
6.
Tropic Palms storm drainage improvements - $250,000.
7.
Alley reconstruction downtown area. All alleys between Swinton
Ave. and NE 6th Ave. from SE 1st st. to NE 1st st. _ $250,000.
Widen Germantown Rd. from SW 10th st. to Linton Blvd. (this is
actually a county project but may warrant consideration by the
City, possible a repayment arrangement could be worked out, if
the City wanted .to advance project).
, .
L:;: ; :1..;"
,cS1~LRpb,ert A. Barcinski
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RESOLUTION NO. 55-88
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, TO LEVY A TAX ON ALL PROPERTIES WITHIN
THE CITY OF DELRAY BEACH, FLORIDA, FOR ~1AINTENANCE AND
OPERATION, AND TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL
AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATF. AND
APPROPRIATE SAID COLLECTIONS THEREUNDER.
.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That there shall be and hereby is appropriated for
the General Fund operations of the City revenue derived from the tax of
$5.3306 per one thousand ($1,000) dollars of assessed valuation which is
hereby levied on all taxable property within the City of Delray Beach
for the fiscal year commencing October 1, 1988, and terminating
September 30, 1989, the assessed valuation on all taxable property for
operating purposes within the City of Delray Beach being $1,930,970,975,
for operating and for maintenance expenses of the General Fund, and also
in addition, all revenues derived by said City during said fiscal year
from all other sources other than the tax levy for current bond service
and that part of collection of delinquent taxes levied for bond service.
The operating millage rate of $5.3306 per one thousand ($1,000) dollars
does excti'Gd rc..ll back of $5.2800 per one thousand ($1,000) dollars by
$0.0506 per one. thousand ($1,000) dollars which is 100.9583% of the
rolled back rate.
Section 2. That amount of money necessary to be raised for
interest charges and bond redemption which constitutes a general obliga-
tion bonded indebtedness of the City of Delray Beach is $1,227,944, and
that there is hereby appropriated for the payment thereof, all revenues
derived from the tax levy of $0.6694 per one thousand ($1,000) dollars
of assessed valuation, which is hereby levied for that purpose for the
fiscal year commencing October 1, 1988, and terminating September 30,
1989, upon the taxable property of the City of Delray Beach, the
assessed valuation being $1,930,970,975.
Section 3. That the above millage rates are adopted sub;ect to
adjustment in accordance with Section 200.065(5) of the Florida Statutes
which provides that each affected taxing authority may adjust its
adopted millage rate if the taxable value within the jurisdiction of the
taxing authority as certified pursuant to subsection (1) is at variance
from the taxable value shown on the roll to be extended.
Section 4. That a Public Hearing was held on the Tax Levy and
Budget on September 15 and September 27, 1988.
PASSED AND ADOPTED in regular session on this the 27th day of
September, 1988.
MAY 0 R
ATTEST:
City Clerk
,
RESOLUTION NO. 56-88
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, MAKING APPROPRIATIONS OF SUMS OF MONEY
FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY
BEACH, FLORIDA, FOR THE PERIOD FROM THE 1ST DAY OF
OCTOBER, 1988, TO THE 30TH DAY OF SEPTEMBER, 1989: TO
PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH
RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT:
AND TO REPEAL ALL RESOLUTIONS AND ORDINANCES WHOLLY IN
CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS AND
ORDINANCES INCONSISTENT WITH THIS RESOLUTION TO THE
EXTENT OF SUCH INCONSISTENCY.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following sums of money, attached hereto
and marked Exhibit A, be and the same are hereby appropriated upon
terms, conditions and provisions hereinabove and hereinafter set forth.
Section 2. That all monies hereinbefore appropriated are
appropriated upon the tenns, conditions, and provisions hereinbefore and
hereinafter set forth.
Section 3. That subject to the qualifications contained in
this resolution all appropriations made out of the General Fund are
declared to be maximum, conditional, and proportionate appropriations,
the purpose being to make the appropriations payable in full in the
amounts herein named if necessary and then only in the event the aggre-
gate revenues collected and other resources available during the period
commencing the 1st day of October, 1988, and terminating the 30th day of
September, 1989, for which the appropriations are made, are sufficient
to pay all the appropriations in full: otherwise the said appropriations
shall be deemed to be payable in such proportion as the total sum of
realized revenue of the General Fund is to the total amount of revenues
estimated by the City Commission to be available in the period commenc-
ing the 1st day of October, 1988, and terminating the 30th day of
September, 1989.
Section 4. That all balances of the appropriations payable out
of the General Fund of the City Treasury unencumbered at the close of
business on the 30th day of September, 1988, except as otherwise pro-
vided for, are hereby declared to be lapsed into the City Treasury and
may be used for the payment of the appropriations which may be made in
any appropriation for the fiscal year commencing the 1st day of October,
1988, provided, however, nothing in this Section shall be construed to
be applicable to unencumbered balances remaining to the credit of the
Water and Sewer Fund, Sanitation Fund or any funds created by the
setting up of special revenue, but such balances shall be used in
financing the proposed expenditures of these funds for the fiscal year
commencing the 1st day of October, 1988.
Section 5. That no department, bureau, agency or individual
receiving appropriations under the provision of this resolution shall
exceed the amount of its appropriation, except with the consent and
approval of the City Commission first obtained: and if such department,
bureau, agency, or individual shall exceed the amount of its appropria-
tion without such consent and approval of the Ci ty Commission, the
administrative officer or individual, in the discretion of the City
Commission, may be deemed guilty of neglect of official duty and may be
subject to removal therefor.
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Section 6. That nothing in this resolution shall be construed
as authorizing any reduction to be made in the amounts appropriated in
this resolution for the payment of interest on, or retirement of, the
debt of the City of DelrayBeach, Florida.
Section 7. That none of the monies enumerated in this
resolution in connection with the General Fund, Water and Sewer Fund,
Sanitation Fund or any other Fund of the City shall be expended for any
purposes than those for which they are appropriated, and it shall be the
duty of the Assistant City Manager/Management Services based on data
provided by the Budget Director and Finance Director to report known
violations of this section to the City Manager.
Section 8. That all monies collected by any department,
bureau, agency or individual of the City Government shall be paid
promptly into the City Treasury.
Section 9. That the foregoing budget be and hereby is
adopted as the official budget of the City of Delray Beach for the
aforesaid period. Provided, however, that the restrictions with respect
to the expenditures/expenses of the funds appropriated shall apply only
to the lump sum amounts for classes of expenditures/expenses which have
been included in this resolution.
Section 10. That this resolution shall be effective on October
1, 1988.
PASSED AND ADOPTED in regular session on this the 27th day of
September, 1988.
MAY 0 R
ATTEST:
City Clerk
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Res. No. 56-88
EXHIBIT A
CITY OF DELRAY BEACH
OPERATING BUDGET FOR FISCAL YEAR 1988-89
FOR GOVERNMENTAL FUND TYPES
FUND TYPE:
General
Fund
Law
Enforcement
Trust
Community
Development
Fund
City
Marina
Fund
Cemetery
Fund
REVENUES
AD VALOREM TAXES $11,154,863
SALES AND USE TAXES $ 821,904
FRANCHISE TAXES $ 2,458,773
UTILITY TAXES $ 3,964,071
LICENSES AND PERMITS $ 1,312,988
INTERGOVERNMENTAL $ 4,089,784
CHARGES FOR SERVICES $ 676,853
FINES AND FORFEITURES$ 407,500
INTEREST EARNINGS $ 330,000
RECOVERY ADMIN. COSTS$ 1,285,730
MISCELLANEOUS $ 221,576
$435,000
$80,000 $68,500
$ 4,200 $ 6,000
TOTAL REVENUES
$26,724,042
$0
$435,000
$18,500
$84,200 $93,000
OTHER FINANCING SOURCES:
CONTRIB. OTHER FUNDS $ 2,291,378
PRIOR YEAR FUND BAL. $
705,300 $213,488
$ 58,739 $ 80,472
TOTAL OTHER FINANCING
SOURCES $ 2,996,678 $213,488
$0
$ 58,739 $ 80,472
TOTAL REVENUES AND
FINANCING SOURCES
$29,720,720 $213,488
$435,000
$142,939 $173,472
Sanitation Water & Delray City City
FUND TYPE: Fund Sewer Golf Garage Insurance
Fund Course Fund Fund
REVENUES
LICENSES AND PERMITS $202,000
INTERGOVERNMENTAL $348,250 $2,163,423
CHARGES FOR SERVICES $2,513,668 $11,756,955 $ 21,000
INTEREST EARNINGS $ 45,000 $ 534,000 $ 18,622 $ 6,000 $ 85,900
RECOVERY ADMIN. COSTS $ 285,100
MISCELLANEOUS $ 24,000 $ 16,000 $ 50 S 1,080
TOTAL REVENUES $2,582,668 $12,306,955 $241,672 $355,330 $2,534,423
PRIOR YEAR FUND BAL. $ 500,000
TOTAL FINANCING
SOURCES $ 500,000 $0 $0 SO $0
TOTAL REVENUES AND
FINANCING SOURCES $3,082,668 $12,306,955 $241,672 $355,330 $2,534,423
FUND TYPE:
Capital
Project
Fund
REVENUES
MISCELLANEOUS
$
620,198
PRIOR YEAR FUND BAL. $14,791,462
TOTAL REVENUES AND
FINANCING SOURCES
$15,411,660
General Law ~ommunity City Cemetery
FUND TYPE: Fund Enforcement Development Marina Fund
Trust Fund Fund
EXPENDITURES
CURRENT
GENERAL GOVERNMENT $ 3,320,745
POLICE DEPARTMENT $ 8,424,154 $213,488
FIRE AND EMERGENCY
SERVICES $ 5,222,627
PLANNING & ZONING $ 421,613
COMMUNITY IMPROVEMENT$ 1,559,578 $435,000
ENGINEERING $ 1,040,423
PUBLIC WORKS $ 1,392,692
PARKS & RECREATION $ 3,377,657 $62,512 $170,212
GRANTS AND
CONTINGENCIES $ 1,630,082
DEBT SERVICE $ 2,638,205
TOTAL EXPENDITURES $29,027,776 $213,488 $435,000 $62,512 $170,212
o.THER FINANCING USES:
OPERATING TRANSF.OUT $ 157,944 $ 5,427 $ 3,260
TRANSFERS - CAPITAL
IMPROVEMENT $ 535,000 $ 75,000
TOTAL EXPENDITURES
AND FINANCING $29,720,720 $213,488 $435,000 $142,939 $173,472
Sanitation Water & Delray City City
FUND TYPE: Fund Sewer Golf Garage Insurance
Fund Course Fund Fund
EXPENDITURES
CURRENT
GENERAL GOVERNMENT $2,534,423
PUBLIC WORKS $2,422,608 $355,330
PARKS & RECREATION $ 53,320
CONTINGENCIES $ 134,800
DEBT SERVICE $ 2,018,316 $167,661
WATER & SEWER $ 7,279,366
TOTAL EXPENDITURES $2,422,608 $ 9,432,482 $220,981 $355,330 $2,534,423
OTHER FINANCING USES:
OPERATING TRANSF.OUT $ 660,060 $ 1,324,500 $ 20,691
CAPITAL IMPROVEMENT
TRANSFERS $ 1,549,973
TOTAL EXPENDITURES
AND FINANCING $3,082,668 $12,306,955 $241,672 $355,330 $2,534,423
FUND TYPE:
Capital
Project
Funds
EXPENDITURES
CURRENT
GENERAL GOVERNMENT
POLICE DEPARTMENT
FIRE AND EMERGENCY
SERVICES
ENGINEERING
PUBLIC WORKS
PARKS & RECREATION
WATER & SEWER
TOTAL EXPENDITURES
$ 1,466,646
$ 69,040
$ 431,104
$ 782,287
$ 605,000
$ 4,891,525
$ 6,637,039
$14,882,641
OTHER FINANCING USES $
RESERVES
$
27,500
501,519
TOTAL EXPENDITURES
AND FINANCING
$15,411,660
'AL ALL FUNDS - BY CATEGOR
R",VENUE
AD VALOREM TAXES
SALE AND USE TAXES
FRANCHISE TAXES
UTILITY TAXES
LICENSES & PERMITS
INTERGOVERNMENTAL
CHARGES FOR SERVICES
FINES & FORFEITURES
INTEREST EARNINGS
RECOVERY ADMIN.COSTS
MISCELLANEOUS
OTHER FINANCING SOURCES:
CONTRIB. OTHER FUNDS
CASH BALANCES
BROUGHT FORWARD
TOTAL FINANCING
OTHER SOURCES
TOTAL REVENUES AND
FINANCING SOURCES
EXPENDITURES
GENERAL GOVERNMENT
POLICE DEPARTMENT
FIRE AND EMERGENCY
SERVICES
PLANNING AND ZONING
COMMUNITY IMPROVEMENT
ENGINEERING
PUBLIC WORKS
PARKS & RECREATION
GRANTS AND
CONTINGENCIES
DEBT SERVICE
COMMUNITY DEVELOPMENT
BLOCK GRANT
WATER & SEWER FUND
TOTAL EXPENDITURES
OTHER FINANCING
SOURCES (USES)
RESERVES
TOTAL APPROPRIATED
EXPENDITURES AND
RESERVES
lEPARTMENT
$11,154,863
$ 821,904
$ 2,458,773
$ 3,964,071
$ 1,514,988
$ 7,036,457
$15,116,976
$ 407,500
$ 1,029,722
$ 1,570,830
$ 901,404
$ 2,291,378
$16,349,461
$18,640,839
$64,618,327
$ 7,321,814
$ 8,706,682
$ 5,653,731
$ 421,613
$ 1,559,578
$ 1,822,710
$ 4,775,630
$ 8,555,226
$ 1,764,882
$ 4,824,182
$ 435,000
$13,916,405
$59,757,453
$ 4,359,355
$ 501,519
$64,618,327
ORDINANCE NO. 108-88
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH. FLORIDA. ANNEXING TO
THE CITY OF DELRAY BEACH A PARCEL OF LAND
LYING AND BEING IN SECTION 8. TOWNSHIP 46
SOUTH. RANGE 43 EAST. PALM BEACH COUNTY,
FLORIDA. WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY: SAID LAND IS
LOCATED ON THE WEST SIDE OF N.W. 4TH AVENUE.
BETWEEN N.W. 12TH STREET AND N.W. 13TH
STREET: REDEFINING THE BOUNDARIES OF SAID
CITY TO INCLUDE SAID LAND: PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND: PROVID-
ING FOR THE ZONING THEREOF TO R-IAA (SINGLE
FAMILY DWELLING) DISTRICT: PROVIDING A
GENERAL REPEALER CLAUSE: PROVIDING A pAVING
CLAUSE: PROVIDING AN EFFECTIVE DATE.
WHEREAS. C. Yancy Byrd, III, John M. Byrd and C. Brown
Byrd, Peggy R. Byrd. Ann E. Byrd and Kathleen R. Byrd. as tenants
in common each husband and wife. each owning an undivided one-
third (1/3) interest. are the fee-simple owners of the property
hereinafter described: and.
WHEREAS. Broad & Cassel, Attorneys At Law, as duly
authorized Agent for C. Yancy Byrd. III. John M. Byrd and C.
Brown Byrd. Peggy R. Byrd. Ann E. Byrd and Kathleen R. Byrd. as
tenants in common each husband and wife. each owning an undivided
one-third (1/3) interest. has requested by petition to have the
property annexed into the municipal limits of the City of Delray
Beach: and.
WHEREAS. the subject property hereinafter described is
now contiguous to the corporate limits of the City of Delray
Beach, thus making said petition for annexation effective at this
time: and.
WHEREAS. the designation of a zoning classification is
part of the annexation proceeding, and provisions of City Code
Section 173.886 have been followed in establishing the proposed
zoning designation: and,
WHEREAS. the City of Delray Bea0.h has heretofore been
authorized to annex lands in accordance with Section 171.044 of
the Florida Statutes.
NOW. THEREFORE. BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH. FLORIDA. AS FOLLOWS:
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Section_t.. That the City Commission of the
Delray Beach. Palm Beach County. Florida. hereby annexes
City the following described land located in Palm Beach
Florida. which lies contiguous to said City to-wit:
City of
to said
County.
All of the South Half (S 1/2) of Lot 15.
Section 8. Township 46 South. Range 43 East.
according to the Plat of the Subdivision of
said Section 8. on file in Plat Book 1. Page
4. Public Records of Palm Beach County.
Florida: LESS the East 15 feet. the South 10
feet. and the North 10 feet of the said Lot
Fifteen (15), Section 8. Township 46 South.
Range 43 East heretofore conveyed to the City
of Delray Beach. Florida. for street
right-of-way purposes: and LESS the North
20.00 feet of the West Quarter (W 1/4) of the
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South Half (S 1/2) of said Lot Fifteen (15).
Section 8, Township 46 South, Range 43 East.
The subject property is located on the west
side of N.W. 4th Avenue. between N.W. 12th
Street and N.W. 13th Street.
The above described parcel contains a 9.51
acre parcel of land, more or less.
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Section 2. That the boundaries of the City of Delray
Beach. Florida. are hereby redefined to include therein the
above-described tract of land and said land is hereby declared to
be within the corporate limits of the City of Delray Beach.
Florida.
aa~~ That Section 173.886 of the Zoning Code has
been followed in the establishment of a zoning classification in
this ordinance and the tract of land hereinabove described is
hereby declared to be in Zoning District R-1AA (Single Family
Dwelling) as defined by existing ordinances of the City of Delray
Beach, Florida.
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S~:t.i.-Qn...A._ That the land hereinabove described shall
immediately become subject to all of the franchises. privileges,
immunities. debts. obligations. liabilities. ordinances and laws
to which lands in the City of Delray Beach are now or may be
subjected and persons residing thereon shall be deemed citizens
of the City of Delray Beach.
S"'ntio.rL.~,_ That thie. annexation of the subject proper-
ty. including adjacent roads. alleys. or the like. if any, shall
not be deemed acceptance by the City of any maintenance responsi-
bility for such roads, alleys. or the like. unless otherwise
specifically initiated by the City pursuant to current require-
ments and conditions.
Section 6.. That all ordinances or parts of ordinances
in conflict herewith be. and the same are hereby repealed.
Section 7. That should any section or provision of
this ordinance or any portion thereof. any paragraph, sentence.
or word be declared by a Court of competent jurisdiction to be
invalid. such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
~ction 8L That this ordinance shall 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.
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MAY 0 R
ATTEST:
City Clerk
First Reading AlIqU~T 2J, lqaa___
Second Reading
- 2 -
Ord. No. 108-88
C I T Y
COM MIS S ION
DOC U MEN TAT ION
FROM:
c:JR O. BARRY, CITY MANAGER
, Ov,-L J > c.JC
DAD J. KO~AC~REC~
DEPARTMENT OF PLANNING AND ZONING
TO:
SUBJECT: MEETING OF SEPTEMBER 27, 1988
AGENDA ITEM
PUBLIC HEARING ON ORDINANCE 108-88
BYRD ANNEXATION WITH R-lAA ZONING
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of
FINAL action on a voluntary annexation petition. The
item is at second reading of the enacting ordinance.
The petitioner has requested R-lAA zoning.
BACKGROUND:
The Planning and Zoning Board held a public hearing on this item
on August 15th. During that hearing two considerations were
aired. One was pUblic testimony through which several residents
sought R-lAAA zoning as opposed to R-1AA zoning. The other was
the applicant's request for direction regarding potential
subdivision layout schemes. While the Board did not demand
adherence to staff suggestions that a north/south street
connection be provided along the west portion of the property,
they did offer direction that an internal cul-de-sac access
situation with double-frontage lots (i.e. backyards to 12th and
13th was not acceptable).
The applicant's approach would have allowed 26 lots; the Board's
preferred approach would yield 23 lots; and a R-lAAA zoning
layout would yield only 17 or 19 lots. The Board recommended
R-lAA zoning with an expression that they would work with the
applicant in the site design.
Subsequent to Board's action, a preliminary subdivision plat has
been formally submitted for processing. That submission advances
the 26 lot, back-lotting, central cul-de-sac design as initially
desired by the applicant. Upon the normal preview of items
submitted for action, Board members aired their disappointment
with such a design and an informal consensus was aired that its
recommendation of R-lAA zoning was predicated upon an assumption
that the resultinq design would not have rear yards along
existing streets.
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To: Walter r Barry, City Manager
Re: Public 1. _.iring of Ordinance 108-88
Byrd Annexation with R-1AA Zoning
Page 2
Because of the controversy which is apparent over this item, we
have again attached the documentation from the Board's meeting of
August 15th.
PLANNING STAFF RECOMMENDATION:
Because of an apparent desire to max~m~ze development potential
of the site and discount direction from the Board and feelings of
the neighborhood, the most prudent approach is to affix the most
stringent zoning which is applicable; thus, providing firm
direction as to what degree and design of development is going to
be acceptable.
since this is a voluntary annexation, the City cannot amend the
petition; thus, .the action before the Commission must follow one
of the following courses:
1. Approval of the request for R-lAA zoning. This action
cannot be conditioned upon any particular site design.
Any subdivision plat which meets technical requirements
of the subdivision and zoning code should subsequently
be approved. Reliance upon any particular site design
is a matter of "good faith". The submission contrary
to Planning and Zoning Board direction does not bode
well for reliance on such an approach. .
2. Acceptance of an amended peti tion which seeks R-1AAA
zoning instead of R-1AA zoning. Such a request must be
made by the agent of record. If made, it is then
necessary to readvertise the matter for a new public
hearing at a subsequent meeting of the Commission,
since the change in zoning designations is significant.
3. Denial of the annexation petition with initial zoning
of R-IAA based upon a determination that while the
R-lAA zoning designation is consistent with adjacent
designations as shown on the zoning map, it is not
consistent with the character of development of
adjacent property to the south and east which is
developed to R-lAAA standards.
RECOMMENDED ACTION:
Unless the petition is amended, it is recommended that it be
denied in that the resulting development potential is not
consistent with the character of existing development of adjacent
property to the south and east which is developed to R-lAAA
standards.
Attachment:
Planning and Zoning Staff Report of
Reduction of subdivision layout
submittal
August 15th.
per the current
plat
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PLANNING 8 ZONING
CITY OF OELRAY
BOARD
BEACH
STAFF REPORT
MEET ING DATE: AUGUST 15, 1988
AGENDA ITEM:
III. B
ITEM:
CONSIDERATION OF ANNEXATION AND INITIAL ZONING OF R-1M FOR THE BYRD PROPERTY
SHORE OF LAKE IDA BETWEEN N.W. 12th ST. AND N.W. 13TH ST.
GENERAL DATA:
OWner...........................c. Yancy, III; Pe99Y R. Byrd;
John M. and Ann E.. Byrd; C. Brown
and Kathleen R. Byrd
Aqent...........................Cliff Hertz
Broad ~ Cassel, Attorneys at Law
Locatlon..........................N.W. 4th Ave. between N.W. 13th
St. and N.W.. 12th St.
Property S1ze...................9.5l Acres (414,316.98 Sq. ft.)
C1ty Land Use Plan..............SP (S1ngle Fam1ly)
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Ex1st1ng COunty ZOftin9..........RS (S1nqle Pam1ly Res1dential)
Proposed C1ty Zoftin9........... .R-1M (S1ngle Pulily Res1dential)
Adjacent Zonlng......................North and East of the subject
property is zoned R-1M. South
ia 1o0Ded County RS and. West 1s
Lake Ida.
Ex1stin9 Land Use...............Kan90 9ro.. w1th two CBS
structure. located on the
property.
Proposed Land U.e...............Sinqle Family Residential
SubcUvlsion
Water servlce.....................Exl.tlng 6" main located on N.W.
4th Ave. and a 2 1/2" main
located on N.W. 13th St.
Sewer Service...................Exist1ng 12" sanitary sewer main
located on N.W. 4th Ave. and an
8" main on N.W. 13th St.
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ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation on
a voluntary annexation with initial zoning to R-1AA for a 9.51
acre parcel. The parcel is located on' Northwest 4th Avenue
between Northwest 12th Street and Northwest 13th Street. This is
a portion of official Enclave area No. 13.
BACKGROUND:
Little background information is available on the 9.51 acre
parcel as it is a County enclave. The site is currently a mango
grove with two existing single family CBS structures. One
structure is located at the northeast corner of the site and the
other located in the center of the property. Access for both
structures is from Northwest 13th Street. The applicants have
indicated they wish to subdivide the property into single family
lots.
ANNEXATION ANALYSIS:
The 9.51 acre tract requested for voluntary
contiguous to the City via the residential single
to the north and east. The parcel is bordered to
County enclave and to the west by Lake Ida.
annexation is
family property
the south by a
Water Service:
The existing structures are presently served by septic fields and
wells. From review of the water atlas and discussions with the
Utility Department water is available via a two and one/half (2
1/2) inch main along Northwest 13th Street and a 6" main along
Northwest 4th Avenue. With the development of the parcel a
requirement will be to loop the 6" main west from. Northwest 4th
Avenue along Northwest 12th Street, and north to the intersection
of Lake Drive and Northwest 13th Street. To complete the loop the
existing 2 1/2" main along Northwest 13th must be upsized to a 6"
main from Lake Drive east to Northwest 4th Avenue.
Sewer Service:
From review of the sewer atlas and discussions with the Utility
Department sewer exists adjacent the site via a 8" lateral along
Northwest 13th street and a 12" lateral east of the property
along Northwest 4th AVenue. with the development of the property
it will be necessary to extend sewer service the length of the
site.
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To: Planning ill Zoning Board
Re: Byrd Annexa~~on, Consideration of AnDeA-~ion of Property
East of Lake Ida Road with Initial Zoning of R-1AA
Page 2
Access:
The planning and Zoning Department and Engineering Department are
recommending the continuation of Lake Drive south thru the
property to connect with Northwest 12th Street. This will
provide a north south access which currently does not exist
within the immediate three block area. The nearest north south
street is Northwest 4th Avenue along the east border of the site.
The current residential street system provides a three by six
block area with Northwest 4th Avenue as the only means to travel
north or south. With the installation of the proposed Lake Drive
extension, intra-neighborhood traffic would be better
accommodated.
With future development of the parcel right-of-way dedications
will be required, these include;
15 feet for both Northwest 13th Street and Northwest 12th
Street to total 50 foot' rights-of-way
10 feet along Northwest 4th Avenue for a right-of-way
total of 50 feet.
A potential of a 50 foot right-of-way for the extension of
Lake Drive a~ previously discussed.
Comprehensive Plan Matters:
The proposed zoning designation
Family) and is consistent with
of (SF) Single Family.
for this parcel is Rl-AA (Single
the current Land Use designation
The parcel is not part of any other Land Use Map or Plan.
Eligibilitv and Conclusions:
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The property is part of an official "Enclave" area No. 13.
Annexation at this time will not sever the balance of Enclave
area No. 13 nor create an additional Enclave. The balance of the
Enclave is scheduled to be annexed under the Enclave Act
beginning in September with final approval by City Commission on
December 13, 1988.
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To: planning ar Zoning Board
Re: Byrd Annexa_.on, Consideration of Anne~__ion of Property
East of Lake Ida Road with Initial Zoning of R-lAA
Page 3
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Pursuant to the City's "Enclave report", this specific property
with the implementation of proposed sewer and water improvements
outlined in the staff report will receive a cumulative Level of
Service A.
There are no required findings, other
create an enclave, required by Florida
of a voluntary annexation.
than annexation will not
Statutes prior to approval
ZONING ANALYSIS:
The proposed initial zoning designation is Rl-AA. The
application has been assessed under Section 173.888 "Standards
for Evaluating Rezone Requests". The following is a result of
that review.
Standards 11 and 12 (will the change be contrary to the proposed
Land Use Plan or existing Land Use pattern).
The proposed change is consistent
designation of SF (Single Family)
pattern of single family.
with the current
and the existing
land
Land
use
Use
Standard 13 (spot zoning).
The proposed Zoning is not spot Zoning in that the designation is
consistent with similar R1-AA Zoning to the north, east and
south. The zoning designation of R-lAA is compatible with Lake
Ida and Lake Ida Park to the west which will receive a zoning
designation of CF (Community Facility) upon annexation into the
City on December 13, 1988.
Standard 14 (load on public facilities).
This proposal is consistent with the Land Use designation for
which public facilities have been planned. The area currently
can attain access to City water and sewer which exist via a 2 1/2
inch wat:er main along Northwest 13th Street and a 6" water main
along Northwest 4th Avenue. With development of the parcel
extension of the 6" water main around the perimeter of the parcel
will be required.
Sewer exists via a 8" lateral along Northwest 13th street and a
12" lateral east of the property along Northwest 4th Avenue.
With development a sewer main extension should be provided along
N.W. 12th street to. provide opportunities for neighborhood
benefit to the south ,which presently is without sewer
service. Opposition by the applicant may be encountered. (see
discussion under Development potential).
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To: Planning a Zoning Board
Re: Byrd Annex~_ion, Consideration of Anne. _tion of Property
East of Lake Ida Road with Initial Zoning of R-lAA
Page 4
Standard 15 (district boundaries illogically drawn).
The boundaries are logically drawn in that they include all
of the property owned and follow parcel boundaries.
Standard 16 (changing conditions made rezoning necessary),
Standard 17 (change adversely influence neighborhood), Standard
!! (change create increase traffic)
These standards do not apply as the request is an initial zoning
and corresponds with the existing zoning designation as imposed
by the County. Assessment of traffic impact will be made upon
review of a subdivision plat.
Standard 19 (change create a drainage problem).
The drainage is generally poor in the area and may create the
need for special consideration during the development design
stage. This item will be reviewed in detail during the platting stage.
Standard 110 (changes impact on light and air) and Standard III
(effect of property values).
These standards do not apply as development will correspond
with adjacent Single family development.
Standard 112 (deterrent to improvement of adjacent properties).
The proposed zoning would not
Rl-AA residential uses as the
potential development is the same.
be a deterrent to adjacent
zoning classification and
Standard 113 (special privilege).
Granting of this request does not constitute any
privilege to this property owner.
special
Stand~ra 114 (property
!l2 (change out of
appropriate zoning)
need of change).
used with existing zoning)
scale, Standard 116 (other
and Standard 117 (sufficient
and Standard
areas with
evidence for
These standards do not apply as this is an application for
initial zoning which corresponds to existing County Zoning.
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To: planning a Zoning Board
Re: Byrd Annexa~ion, Consideration o~ Anne~ucion of Property
East of Lake Ida Road with Initial Zoning of R-lAA
Page 5
ASSESSMENT:
The property is eligible
annex whenever possible.
adjacent zoning.
Development Potential:
With the property two development alternatives are possible.
for annexation, and it is City policy to
The proposed zoning is compatible with
The first, development of lots fronting on both N.W. 12th Street
and N.W. 13th Street. This development would be similar to
existing residential property and is recommended by Staff.
The second, of which the applicant has indicated a desire to
develop, would be a subdivision with an access street running
down the middle and a cul-de-sac at the end. The applicant has
expressed reluctance to provide the requested extension of Lake
Drive as it would interfere with this proposed layout. The
applicant has indicated a desire to install the sewer main
extension within the center roadway. A sewer main extension
internal to the proposed development would elliminate any
neighborhood benefit from the development of the property.
The development alternative of a center street would create
undesirable double frontage lots and lots with average depths of
approximetly 100 feet. Though in the R-1AA Zoning district the
average depth of existing residential lots range from 110 feet to
145 feet, with total square footages between 11,000 to 14,300 ft.
The existing lots are more representative of the R-1AAA District.
Lots created by the center road alternative would meet the R-1AA
Zoning requirement but would be out of "Character" with the
existing residential area. For these reasons the Engineering and
planning and Zoning Staff would recommend denial of such a
request.
Development of the property should be with lots fronting on N.W.
12th'a~ N.W.13th streets as to be consistent with the existing
"character"of the neighborhood. The extension of Lake Drive
should be provided in the interest of good neighborhood
circulation and better fire access. An initial consideration was
to require an S-curve thru the property to connect Lake Drive
(North) and Lake Drive (South) together. A straight alignment
from Lake Drive (North) south thru the property is proposed which
would eliminate the possibility of .creating a "residential
raceway" and will minimize the impact of the requirement on the
property owner.
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To: planning a Zoning Board
Re: Byrd Annexa~~on, Consideratiao of Anne^_cion of Property
East of Lake Ida Road with Initial Zoning of R-1AA
Page 5
ALTERNATIVES :
1. continue with direction.
2. Recommend approval of the Byrd Annexation upon positive
finding with regard to the following:
1. That the annexation of this part of Enclave 13 will not
create an enclave(s).
2. That service will be provided to this property in a
manner similar to that for similarly situated
properties which are already in the City.
3. That the proposed zoning of R-lAA is consistent with
the adjacent zoning and complies (does not conflict)
with all of the seventeen standards for evaluating
rezoning requests as found in Section 173.888.
4.
The proposed zoning is consistent (does not
with the existing County zoning of RS.
conflict)
5.
The proposed zoning is consistent (does not
with the City's Land Use Plan designation of
Family) for the property.
conflict)
SF (Single
Prior to making a recommendation, the Board should seek and
obtain from the applicant acknowledgement of the following:
obligation to provide water and sewer main extensions to the
western portion of the site and to upgrade existing s~rvice
along N.W. 13th Street.
Acknowledgment of the obligation to provide additional
right-of-way including:
15 feet for both NW 13th Street and NW 12th Street.
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10 feet along NW 4th Avenue for a right-of-way
total of 50 feet.
A potential of a 50 foot extension of Lake
following the present alignment of Lake Drive
south thru the property to N.W.12th Street.
Drive,
(North)
RECOMMENDATIONS:
Alternative Number 2.
REF/PD#8/A:BYRD.TXT
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ORDINANCE NO. 109-88
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 174,
"HISTORIC PRESERVATION", OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING,
"GENERAL PROVISIONS", SECTION 174.01, "PURPOSE",
SUBSECTION 174.01 (A) ( 15), TO PROVIDE A CORRECTED
REFERENCE TO THE FLORIDA STATUTE CONCERNING HISTORIC
SITES; BY AMENDING, "GENERAL PROVISIONS", SECTION
174.02, "DEFINITIONS", TO PROVIDE FOR A DEFINITION
OF "APPURTENANCES", AND "ARCHITECTURAL FEATURES",
AND TO PROVIDE FOR THE ALPHABETIC INCI.USION THEREOF,
AND TO AMEND THE DEFINITION OF "DEMOLITION", "LAND-
SCAPE FEATURE", AND "UNDUE ECONOMIC HARDSHIP"; BY
REPEALING "CRITERIA FOR HISTORIC SITE OR DISTRICT",
SECTION 174.10, "RELATIONSHIP OF ZONING DISTRICTS";
BY ENACTING A NEW SECTION 174.10, "DESIGNATION
CRITERIA", TO PROVIDE CRITERIA FOR THE DESIGNATION
OF HISTORIC SITES AND HISTORIC DISTRICTS" ; BY
REPEALING "CRITERIA FOR HISTORIC DISTRICT", SECTION
17 4 .12, "PRESERVATION STANDARDS" ; BY REPEALING,
"CRITERIA FOR HISTORIC DISTRICT", SECTION 174.13,
"DEVELOPMENT STANDARDS"; BY AMENDING "DESIGNATION
PROCEDURES", SECTION 174.20, "NOMINATION", SUBSEC-
TIONS, 174.20(11.), 174.20(B), AND SUBSECTION
l74.20(B)(1) TO PROVIDE FOR THE NOMINATION OF
HISTORIC INTERIORS; BY REPEALING "DESIGNATION
PROCEDURES", SECTION 174.23, "LOCAL REGISTER OF
HISTORICAL PLACES", SUBSECTION 174.23(D) AND
SUBSECTION l74.23(E); BY REPEALING "CERTIFICATE OF
APPROPRIATENESS ", SECTION 174.30, "BASI C REQUIRE-
MENT"; BY ENACTING A NEW SECTION 174.30, "BASIC
REQUIREMENTS", TO PROVIDE FOR A REORGANIZATION OF
THE BASIC REQUIREMENTS; BY REPEALING "CERTIFICATE OF
APPROPRIATENESS", SECTION 174.31, "REVIEW GUIDE-
LINES"; BY ENACTING A NEW SECTION 174.31, "REVIEW
GUIDELINES"; TO PROVIDE FOR A REORGANIZATION OF THE
REVIEW GUIDELINES; BY AMENDING, "CERTIFICATE OF
APPROPRIATENESS", SECTION 174.32, "INITIATION AND
PROCEDURES", SUBSECTIONS 174.32(11.)(3),' 174.32(B),
174.32(D), AND 174.32(E), TO PROVIDE FOR APPROPRIATE
SUBMISSION TIMES OF APPLICATIONS AND ACTION BY THE
BOARD; BY REPEALING "CERTIFICATE OF APPROPRIATE-
NESS", SECTION 174.33, "DEMOLITION"; BY ENACTING A
NEW SECTION 174.33, "DEMOLITION", TO PROVIDE FOR THE
REORGANIZATION OF SAID SECTION; BY AMENDING
"HISTORIC PRESERVATION BOARD" , SECTION 174.40,
"CREATION; COMPOSITION", SUBSECTION 17 4 . 40 ( B) , TO
PROVIDE THAT MEMBERS OF THE BOARD SHALL BE CITY
RESIDENTS AND/OR TO HAVE THEIR PRINCIPAL PLACE OF
BUSINESS IN THE CITY; BY AMENDING, "HISTORIC PRESER-
VATION BOARD", SECTION 174.40, "CREATION; COMPOSI-
TION", SUBSECTION 174.40(C), TO PROVIDE FOR
ADVERTISING OF VACANCIES ACCORDING TO CITY POLICY;
BY REPEALING, "HISTORIC PRESERVATION BOARD", SECTION
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171.43, "POWERS AND DUTIES", SUBSECTION 174.43(F);
BY ENACTING A NEW SUBSECTION 174. 43 (F), TO PROVIDE
THAT THE HISTORIC PRESERVATION BOARD SHALL ACT IN
LIEU OF THE BOARD OF ADJUSTMENT; BY REPEALING,
"ADMINISTRATION AND ENFORCEMENT", SECTIONS 174.50,
"VARIl'.NCES", 174.51, "AMENDMEN'rS TO DESIGNATIONS",
174.52, "MAINTENANCE AND REPAIR", 174.53, "UNSAFE
STRUCTURES, 174.54, "EMERGENCIES", 174.55, "INSPEC-
TIONS" , 174.56, "UNDUE ECONOMIC HARDSHIP" ; BY
ENACTING, A NEW PROVISION, "ADMINISTRATION AND
ENFORCEMENT", SECTION 174.50, "EMERGENCIES", TO
PROVIDE FOR SPECIAL MEETINGS IN THE EVENT OF AN
EMERGENCY; BY ENACTING 1. NEW SECTION 174.51,
"INSPECTIONS", TO PROVIDE FOR INSPECTIONS BY APPRO-
PRIATE CITY DEPARTMENTS; BY ENACTING A NEW SECTION
174.52, "BUILDING CODES ENFORCEMENT", To PROVIDE
GUIDANCE TO THE CHIEF BUILDING OFFICIAL CONCERNING
THE ENFORCEMENT OF STANDARD BUILDING CODES; BY
ENACTING A NEW SECTION 174.53, "UNDUE ECONOMIC
HARDSHIP", TO PROVIDE CLARIFICATION OF THE PROCESSES
USED TO DETERMINE UNDUE ECONOMIC HARDSHIP; BY
ENACTING A NEW SECTION 174.54, "VARIANCES", TO
PROVIDE GUIDELINES FOR THE GRANTING OF VARIANCES; BY
REPEALING, "ADMINISTRATION AND ENFORCEMENT", SECTION
174.99, "PENALTY"; BY ENACTING A NEW SECTION 174.99,
"PENALTY" TO PROVIDE CLARIFICATION OF THE JURISDIC-
TION OF THE CODE ENFORCEMENT BOARD TO HEAR VIOLA-
TIONS OF THIS CHAPTER: PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach,
Florida wishes to, by reorganizing the structure of the Historic Preser-
vation ordinance, clarify the duties and jurisdiction of the Historic
Preservation Board; and,
WHEREAS, the City Commission of the City of Delray Beach,
Florida wishes to streamline other processes of the Historic Preserva-
tion Board.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 174, "Historic Preservation" ,
"General Provisions" , Section 174.01, "Purpose", subsection
174.0l(A)(15), of the Code of Ordinances of the City of Delray Beach, is
hereby amended, by amending subsection 174.01(11.)(15), to read as
follows:
Sec. 174.01 Purpose
(A) The Con~ission has determined that:
(15) It is the will of the State Legislature, as
expressed in F.S. Chapter e1 267, that the state's historic sites
and properties, buildings, artifacts, treasure troves, and objects
of antiquity, which have scientific or historical value, or are of
interest to the public, be protected and preserved.
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ORD. NO. 109-88
Section 2. That Chapter 174, "Historic Preservation",
"General Provisions", Section 174.02, "Definitions", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended by adding the definition of "Appurtenances", and "Archi-
tectural Features", and to provide for the alphabetic inclusion thereof,
as follows:
Sec. 174.02 Definitions
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"Appurtenances". That which is an accessory to another
structure, including but not limited to stonewalls, fences,
light fixtures, steps, paving, sidewalks, shutters, and signs.
"Architectural Features". Architectural features include, but
are not limited to the architectural style, style, mass,
siding, general design, and general arrangement of the ex-
terior of the building or structure, including the type, style
or color of roofs, windows, doors, and appurtenances. Archi-
tecture features will include interior architectural features
where the interior has been given historic designation under
the procedures listed in this chapter.
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Section 3. That Chapter 174, "Historic Preservation",
"General Provisions", Section 174.02, "Definitions", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended by amending the definition of "Demolition", "Landscape
Feature", and "Undue Economic Hardship", to read as follows:
"Demolition". The act or process of wrecking, destroying, or
removing any building or structure, or any exterior or struc-
tural part thereof. The process of removing or destroying an
archeological site or a part thereof.
"Landscape Feature". Any improvement or vegetation including,
but not limited to: outbuildings, walls, courtyards, fences,
shrubbery, trees, sidewalks, planters, plantings, gates,
street furniture, and exterior lighting. Landscape features
also includes site improvements such as, but not limited to,
subsurface alterations. site regrading, fill deposition,
pavinq, and signs.
"Undue Economic Hardship". An exceptional financial burden
that might otherwise amount to the taking of property without
just compensation, or failure to achieve a reasonable economic
return . rft -ehe -ease -er -ifteellle-pre~hleift~ -l'pepepeies, -ehe
ev~aeftee--aft~-eeseimeftY-ftee~e~-ee-eseab}~sh-aft-~ft~~e_eeeftemie
harashil'-is-sl'eeiriea-ift-Sees~-%~4~39,-%~4~33-aft~_Sees~-%~4~59
ehrel1~h-:H4~56~
Section 4. That Chapter 174, "Historic Preservation", "Crite-
ria for Historic Site or District", Section 174.10, "Relationship of
Zoning Districts", of the Code of Ordinances of the City of Delray
Beach, Florida is hereby repealed in its entirety, and a new Sec.
174.10, "Designation Criteria" is hereby enacted, to read as follows:
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ORD. NO. 109-88
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Sec. 174.10 Desiqnation Criteria
(A) To qualify as a historic site or historic district or
hi.storic interior, individual properties, structures,
sites, or buildings, or groups of properties, structures,
sites, or huildings must have significant character,
interest, or value as part of the historical, cultural,
aesthetic, and architectural heritage of the city, state,
or nation. To qualify as a historic site or historic
district, the property or properties must fulfill one or
more of the criteria set forth in subsection (B) (C)
below; to qualify as a historic interior the interior
must. fulfill one or more of the criteria set forth in
subsection (B) and meet the criteria set forth in subsec-
tion (C)(2) and C(4).
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(B) A building,. structure, site, interior or district will be
deemed to have historical or cultural significance if it
meets one or more of the following criteria:
(1) Is associated in a significant way with the life or
acti vi ties of a maj or person important in city,
state, or national history (i.e., the homestead of a
local founding family);
(2) Is the site of a historic event with significant
effect upon the city, state, or nation;
(3) Is associated in a significant way with a major
historic event, whether cultural, economic, social,
military, or political;
( 4)
Exemplifies the historical,
economic, or social trends
history; or
political, cultural,
of the community in
(5) Is associated in a significant way with a past or
continuing institution which has contributed sub-
stantially to the life of the city.
(C) A building, structure, site, or district is deemed to
have architectural or aesthetic significance if it
fulfills one or more of the following criteria; except
that to qualify as a historic interior, the interior must
meet the criteria contained within subsection (C)(2) and
(C)( 4):
(1)
Portrays the
characterized
tural styles;
environment in an era of history
by one or more distinctive architec-
(2) Embodies those distinguishing characteristics of an
architectural style, period, or method of construc-
tion;
( 3)
Is a hist:oric or outstanding work
architect, designer, landscape
builder; or
of a prominent
archi tect , or
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ORD. NO. 109-88
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(4) Contains elements of design, detail, material, or
craftsmanship of outstanding quality or which
represented, in its time, a significant innovation
or adaptation to the South Florida environment.
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(D) A building, structure, site, interior or district will be
deeme>d to have historic significance if, in addition to
or in the place of the previously mentioned criteria, the
building, structure, site, or zone meets historic devel-
opment standards as defined by and listed in the regula-
tions of and criteria for the National Register of
Historic Places, as prepared by the United States Depart-
ment of the Interior under the Historic Preservation Act
of 1966, as amended. A copy of these standards for the
National Register is made part of this chapter as if
fully set forth herein.
Section 5. That Chapter 174, "Historic Preservation",
"Criteria for Historic District", Sec. 174.12, "Preservation Criteria",
of the Code of Ordinances of the City of Delray Beach, Florida is
repealed in its entirety.
Section 6. Tha t Chapter 174, "Historic preserva tion" ,
"Criteria for Historic District", Section 174.13, "Development Stan-
dards", of the Code of Ordinances of the City of Delray Beach, Florida
is hereby repealed in its entirety.
Section 7. That Chapter 174, "Historic Preservation, "Desig-
nation Procedures", Sec. 174.20, "Nomination", Subsections 174.20(A),
174.20(B) and l74.20(B)(1) of the Code of Ordinances of the City of
Delray Beach, Florida, be and the same is hereby amended, by amending
Sections l74.20(A), l74.20(B) and 174.20(B)(1), to read as follows:
Sec. 174.20 Nomination
(A) Buildings, structures, archaeological sites, interiors or
districts which meet the criteria set forth in Section
174.10 through 174.23 may be designated as historic
sites, interiors or districts, and may be listed on the
Local Register of Historic Places.
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(B) Nominations for historica3: site, historic interior or
historic district designation shall be made to the
Historic Preservation Board on an application form
developed and approved by the Board and made available to
the person nominating the building, structure, site,
area, zone, or district.
(1) Nominations for historic site or historic interior
status may be initiated by:
(a) The Historic Preservation Board;
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(b) The City Commission; or
(c) The property owner.
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Section 8. That Chapter 174, "Historic Preservation", "Desig-
nation Procedures", Sec. 174.23, "Local Regi~ter of Historic Places", of
the Code of Ordinances of the City of Delray Beach, Florida, subsection
174.23(D) and subsection 174.23(E) is hereby repealed in its entirety.
if
Section 9. That. Chapter 174, "Historic Preservation", "Cer-
tificate of Appropriateness", Sec. 174.30, "Basic Requirements" of the
Code of Ordinances of the City of Delray Beach, Florida is hereby
repealed in its entirety and a new Sec. 174.30, "Basic Requirements" is
hereby enacted to read as follows:
Sec. 174.30 Basic Requirements.
I A) A certificate of appropriateness shall be required
for designated historic sites, designated historic
interiors and within designated historic districts.
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(1) No building, structure, appurtenance, improve-
ment, or landscape feature, will be erected,
altered, restored, renovated, excavated,
relocated, or demolished until a certificate of
appropriateness regarding any exterior archi-
tectural features I and interior architectural
features in the case of designated historic
interiors), landscape features, or site im-
provements, has been approved under the proce-
dures in this chapter.
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(2) A certificate of appropriateness shall also be
required for any material change in existing
walls, fences, sidewalks, and changes of color.
i (C)
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(B) Plan approval required. No certificate of appropri-
ateness will be approved unless the architectural
plans for such construction, reconstruction, reloca-
tion, alteration, excavation, restoration, renova-
tion, or demolition are approved by the Historic
Preservation Board.
Relocation. Relocation of a building or structure
shall include, but not be limited to moving a
building or structure into or within any historic
district, and moving a historic building or struc-
ture within or out of the City or any historic
district.
Certificate not required. A certificate of appro-
pri.ateness will not be required for general, occa-
sional maintenance of any historic building, inter-
ior, structure, or site, or any building or struc-
ture within a hi.storic district. General, occa-
sional maintenance shall include, but not be limited
to lawn and landscaping care and minor repairs that
restore or maintain the historic site or current
cha:t.acter of the building or structure. General,
occasional maintenance shall not include any of the
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ORD. NO. 109-88
activities described and defined in Sec. (A) through
(D) of this section. A certificate of appropriate-
ness will not be required for any interior altera-
tion (except for designated historic interiors),
construction, reconstruction, restoration, renova-
tion, c.r demolition. General, occasional mainte-
nance and repair shall also include any ordinary
maintenance which does not require a building permit
from the City.
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Section 10. That Chapter 174, "Historic Preservation",
"Certificate of Appropriateness", Sec. 174.31, "Review Guidelines" of
the Code of Ordinances of the City of Dell.'ay Beach, Florida is hereby
repealed in its entirety and a new Sec. 174.31, "Review Guidelines", is
hereby enacted as follows:
Sec. 174.31 Review Guidelines.
(A) The Historic Preservation Board will utilize the
most recent United States Secretary of the In-
terior's Standards for Historic Rehabilitation and
Guidelines for Rehabilitating Historic Buildings as
the standards by which applications for certificates
of appropriateness are to be evaluated. These
guidelines are intended to promote the maintenance,
restoration, economic viability, improvement in
economic values, and adaptive and new uses of the
property. It is also the intent to promote visually
compatible, contemporary designs that are harmonious
with the exterior architectural and landscape
features of adjacent, neighboring, or visually
related buildings, structures, sites, and
streetscapes.
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(B) Applications for certificates of appropriateness
must be made on forms approved and provided by the
Board. Applications shall include required forms
and appropriate site plans, architectural drawings,
photographs, sketches, descriptions, renderings,
surveys, documents, or other information needed by
the Board to gain a clear understanding of the
applicants planned alteration, construction, recon-
struction, relocation, restoration, renovation, or
demolition.
(C) The guidelines for certificates of appropriateness
will be consistent and harmonious with the criteria
for designation defined and <;1escribed in Section
174.10.
(D) The Board shall consider evidence of undue economic
hardship in its review of applications for Certifi-
cates of Appropriateness.
(E) Buildings, structures, and appurtenances shall only
be moved, reconstructed, altered, or maintained in
accordance with this chapter, in a manner that will
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ORD. NO. 109-88
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preserve
character
district.
the historic goal and architectural
of the building, structure, site, or
(F) In considering proposals for alterations to the
exterior of historic buildings and structures and
for alterations to interiors of designated historic
interiors, and in applying development standards and
designation criteria, the docwnented, original
design of the building may be considered among other
factors.
(G) Relocation of historic buildings and structures to
other sites shall not take place until it is shown
that their preservation on their existing or ori-
ginal sites is not consistent with the purposes of
the chapter or would cause undue economic hardship
to the property owner.
Demolition of historic sites, archeological sites,
or buildings, structures, improvements and appurte-
nances within historic districts will be regulated
by the Historic Preservation Board in the manner
prescribed in this chapter.
The construction of new buildings or structures, or
the relocation, alteration, reconstruction, or major
repair or maintenance of a non-contributing building
or structure within a designated historic district,
and all improvements to buildings, structures,
landscape features, and appurtenances within a
designated historic district shall be visually
compatible. Visual compatibility will be defined in
terms of the following criteria:
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( 1 ) Height. The height of proposed buildings or
modifications shall be visually compatible in
comparison or relation to the height of exist-
ing structures and buildings.
(2) Front facade proportion. The front facade of
each building or structure shall be visually
compatible with and in direct relationship to
the width of the building and to the height of
the front elevation of other adjacent or
adjoining buildings within a historic district.
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(3) Proportion of openings (windows and doors).
The openings of any buildings within a historic
district shall be visually compatible with the
openings exemplified by the prevailing historic
architectural styles within the district. The
relationship of the width of windows and doors
to the height of windows and doors among
buildings within the district shall be visually
compatible.
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ORn. NO. 109-88
(4) Rhytlun of solids to voids: front facades. The
relatiollship of solids to voids in the front
facade of a building or structure will be
visually compatible with the front facades of
historic buildings or structures within the
district.
(5) Rhythm of buildings on streets. The relation-
ship of buildings to open space between them
and adjoining buildings shall be visually
compatible with the relationship between
historic sites, buildings, or structures within
a historic district.
Rhythm of entrance and/ or porch proj ections.
~e relationship of entrances and porch projec-
tions to the sidewalks of a building shall be
visually compatible with the prevalent archi-
tectural styles of entrances and porch projec-
tions on historic sites, buildings, and struc-
tures within a historic district.
Relationship of materials, texture, and color.
The relationship of materials, texture, and
color of the facade of a building shall be
visually compatible with the predominant
materials used in the historic sites, build-
ings, and structures within a historic dis-
trict.
Roof shapes. The roof shape of a building or
structure shall be visually compatible with the
roof shape of a historic site, building, or
structure within a historic district.
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(9) Walls of continuity. Appearances of a building
or structure such as walls, wrought iron,
fences, evergreen landscape masses, or building
facades, shall form cohesive walls of enclo-
sure along a street to insure visual compati-
bili ty of the building to historic buildings,
structures, or sites to which it is visually
related.
(10) Scale of a building. The size of a building,
the building mass in relation to open spaces,
windows, door openings, balconies, and porches
shall be visually compatible with the building
size and and building mass of historic sites,
buildings, and structures within a historic
district.
(11) Directional expression of front elevation. A
building shall be visually compatible with the
buildings, structures, and sites in its direc-
tional character, whether vertical, horizontal,
or non-directional.
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(K) Visual compatibility standards will be furthel-
discussed in greater detail in the Delray Beach
Preservation and Conservation Manual. Said Manual
will be developed as a guide to assist property
owners as they seek to nominate their properties for
designation as a historic site, historic interior,
or to designate an area within the City as a
historic district, as well as provide further visual
. compatibility standards for certificates of appro-
priateness.
Section 11. That Chapter 174, "Historic Preservation",
"Certificate of Appropriateness", Section 174.32, "Initiation and
Procedure", of the Code of Ordinances of the City of Delray Beach,
Florida ~s hereby amended by amending subsections 174.32(A)(3),
174.32(B), l74.32(D) and l74.32(E) as follows:
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174.32 Initiation and Procedure.
A. The following departments and agencies of the City
shall notify the Historic Preservation Board of any
of the following activities that affect any desig-
nated historic site, or any building, structure, or
site within a designated historic district:
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( 3) Communi ty Appearances Board. Any request or
application presented to the Community Appear-
ances Board, or any general proposal considered
by this Board, that affects any designated
historic site, er building, structure, or
archaeological site within a designated his-
toric district.
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(B) An application for a Certificate of Appropriateness
mu~t be filed fte-%a~er-~Aaft-~eft-ea%eftaar-aays-~rier
~e-afty-mee~iftg-ef-~fte-His~erie-Preserva~ieft-Beard-a~
wftieft -"'left -a~~H,ea~i:eft -ill -~e -~e -fteara. with the
Planning and Zoninq Department by the first Friday
of the month. The a~~iiea~ieft applicant shall pay a
filing fee, the amount of which shall be determined
by the Board and approved by the Commission, and no
application will be accepted by the Board unless it
contains all required and pertinent information and
is accompanied by the required fee.
(D) The Historic Preservation Board will ae~ take final
action upon the application within fir~eeft a reason-
able time, but in no event later than ninety (90)
cal endar days of receipt of the application. el',
if-a-~~er~-i:!l-fte~-~re!left~,-a~-a-!l~eei:a%-mee~1ftg_~e
~e -fteld -wi:HIi:ft -H -eaieftdar -days -ar~er -~fte -iftiHai
l'IIee~i:ftg, -~revided -~fte -a~~ii:ea~ieft -mee~s -~fte -ri:iift~
re~iremeft~s -all -defifted -ift -~fti!l -!ll!le~ieft.,. Nothing
herein will prohibit a continuation of a hearing on
an application which the applicant requests or to
which the applicant consents.
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(E) The Board may advise the applicant and make recom-
mendations in regard to the appropriateness of the
application. ~he-Beard-May-de~ay-r~fta~-ae~~eft-~ft~i~
i~s -ftell:~ -l"e~~ar~y-sehee.~~ed -Mee~~ft~; -er; -H~ -~he
Beard -/!te -cheeses -aM -~he -ap~H:eaft~ -a~rees;' -lUI~H: -a
spee~a~ -Mee~~I'I~ -w~~h~ft -:1:4 -days -ef -~he -Mee~~I'I~ -a~
wh~eh -~fte -a~~}'ieB:~~eft -was '-U:rsl: -eefts~dered -is -fte~d~
:rft-~e-ease-wk}'}'-~he-Beard-de},ay'r~ftai-ae~i:el'l-el'l_afty
a~I'H:ea~~el'l -rer -Mere -~hal'l -69 -ea~el'lda~ -eays -ar~er
s~eft-a~~iiea~~el'l-~s-rerMa~~y-~re~~ft~-~fte-Beard~
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Section 12. That Chapter 174, "Historic Preservation",
"Certificate", Section 174.33, "Demolition", of the Code of Ordinances
is hereby repealed in its entirety and a new section 174.33, "Demoli-
tion" is hereby enacted as follows:
Section 174.33 Demolition.
II
(A) Request for Demolition by Property OWner.
(1) The Board upon a request for demolition by a
property owner, shall consider the following
guideli.nes in evaluating applications for a
Certificate of Appropriateness for demolition
of designated historic sites, historic
interiors, or buildings, structures, or
appurtenances within designated historic
districts;
(a) Whether the structure is of such interest
or quality that it would reasonably
fulfill criteria for designation for
listing on the national register.
(b) Whether the structure is of such design,
craftsmanship, or material that it could
be reproduced only with great difficulty
and/or economically nonviable expense.
( c) Whether the structure is one of the last
remaining examples of its kind in the
designated historic district within the
City.
If
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(d) ....'hether retaining the structure would
promote the general welfare of the City by
providing an opportunity to study local
history, archi tecture and design, or by
developing an understanding of the impor-
tance and value of a particular culture
and heritage.
(e)
Whether there are definite plans
in~ediate reuse of the property if
proposed demolition is carried out,
what affect those plans will have on
character of the surrounding area.
for
the
and
the
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ORD. NO. 109-88
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(2) No decision of the Board shall result in undue
economic hardship for the property owner. The
Board shall have authority to determine the
existence of such hardship in accordance with
the definition of undue economic hardship found
in this chapter.
(3) The Board's refusal to grant a Certificate of
Appropriateness requested by a property owner
for the purpose of demolition will be supported
by a written statement describing the public
interest that the Board seeks to preserve.
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(4) The Board may grant a Certificate of Appropri-
ateness, as requested by a property owner, for
demolition which may provide for a delayed
effective date. The effective date of the
Certificate will be determined by the Board
based on the relative significance of the
structure and the probable time required to
arrange a possible alternative to demolition.
The Board may delay the demolition of designat-
ed historic sites and contributing buildings
within historic districts for up to six months
while demolition of non-contributing buildings
within the historic district may be delayed for
up to three months.
(5) During the demolition delay period, the Board
may take such steps as it deems necessary to
preserve the structure concerned. Such steps
may include, but are not limited to, consulta-
tion with cOllUlluni ty groups, public agencies,
and interested citizens, recollDllendations for
acquisition of property by public or private
bodies, or agencies, and exploration of the
possibility of moving one or more structures or
other features.
(6) The Board may, with the consent of the property
owner, request that the owner at the owner's
expense, salvage and preserve specified classes
of building materials, architectural details
and ornaments, fixtures, and the like for reuse
in the restoration of the other historic
properties. The Board may, wi.th the consent of
the property owner, request that the Delray
Beach Historical Society, or the owner, at the
owner's expense, record the archi tectur al
details for archival purposes prior to demoli-
tion. The recording may include, but shall not
be limited to photographs, documents and scaled
architectural drawings. At the Board's option,
and with the property owner's consent, the
Board or the Delray Beach Historical Society
may salvage and preserve building materials,
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ORD. NO. 109-88
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architectural details and ornaments, textures
and the like at their expense, respectively.
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(B) Unsafe Structures. In the event the Chief Building
Official determines that any structure within a desig-
nated historic site or designated historic district is
unsafe pursuant to the applicable Code of Ordinances, the
Chief Building Official will immediately notify the Board
of his findings. Where appropriate and in accordance
with applicable ordinances, the Chief Building Official
will attempt to have the structure repaired rather than
demolished, and will take into consideration any comments
and recommendations by the Board. However, the provi-
sions contained within subsection 174.33 (A) shall not
apply to the Chief Building Official's declaration that a
building is unsafe, nor will the Chief Building Official
be precluded from taking whatever steps, as may be
required by applicable ordinances to protect the public
health and safety of the community. The Board may also
endeavor to negotiate with the owner and interested
parties, provided such actions do not: interfere with
procedures in the applicable ordinances.
Section 13. That Chapter 174, "Historic Preservation",
"Historic Preservation Board", Section 174.40, "Creation; Composition",
of the Code of Ordinances of the City of Delray Beach, Florida is hereby
amended by amending subsection 174.40(B) and subsection 174.40(C) as
follows:
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Sec. 174.40 Creation; Composition
(B) A Initially a five-member committee, whose member-
ship will include the Chairman of the Planning and
Zoning Board, the President of the Delray Beach
Historical Society, the Chairman of the COllDllUni ty
Redevelopment Agency (CRA), Chairman of the
Community Appearance Board, and one member selected
by the Commission, will nominate members of the
board to the Commission. All such nominees and all
future historic board members shall be residents of
the City and/or have their principal place of
business in the City; each nominee shall represent a
broad geographic area of the City.
(C) The committee will make nominations within 30 days
following the passage of this Chapter. Thereafter,
after advertising the vacancy accordinq to City
policy, the ftem~fta~~ft~--eemm~~~ee--sftaii--mee~--~e
l'Iem~fta~e -ftew -Beard -meeers -er Preservation Board
shall recommend to the City Commission, nominees to
fill vacancies as the need arises. The eemm~~~ee~s
boards nominations are subject to approval by the
City Commission.
Section 14. That Chapter 174, "Historic Preservation",
"Historic Preservation Board", Section 174.43, "Powers and Duties",
subsection 174.43 (F); of the Code of Ordinances of the City of Delray
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ORD. NO. 109-88
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Beach, Florida is hereby repealed in its entirety, and a new subsection
174.43(F) is hereby enacted to read as follows:
(F) Act in lieu of Board of Adjustment. The Board is
empowered to grant variances for properties
designat~d as historic sites, and for properties and
signs within designated historic districts.
Section 15. That Chapter 174, "Historic Preservation",
"Administration and Enforcement", Sections 174.50, "Variances", 174.51,
"Amendments to Designations", 174.52, "Maintenance and Repair", 174.53,
"Unsafe Structures", 174.54, "Emergencies", 174.55, "Inspections", and
174.56, "Undue Economic Hardship" of the Code of Ordinances of the City
of Delray Beach, Florida are hereby repealed in their entirety.
Section 16. That Chapter 174, "Historic
"Administration and Enforcement", is hereby amended by
section 174.50, "Emergencies", to read as follows:
Preservation",
enacting a new
Sec. 174.50 Emerqencies.
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For the purposes of remedying emergency conditions
determined to be imminently dangerous to life, health, or
property, nothing contained herein will prevent t.he making of
any temporary construction, reconstruction, demolition of
limited scope and effect, or other repairs to a historic
building or a building, structure, improvement, landscape
feature, or archeological site within a designated historic
district. Such temporary construction, reconstruction or
demolition of limited scope and effect will take place pur-
suant to permission granted by the Chief Building Official,and
provided that only such work as is reasonably necessary to
correct such conditions may be carried out. The owner of an
improvement damaged by fire or natural calamity will be
permitted to immediately stabilize the improvement and to
rehabilitate it later under the procedures required by this
chapter. The owner may request a special meeting of the
Historic Preservation Board to consider an application for a
certificate of appropriateness which would provide for repairs
of a more permanent nature.
Section 17. That Chapter 174, "Historic Preservation",
"Administration and Enforcement", of the Code of Ordinances of the City
of Delray Beach, Florida is hereby amended by enacting a new Section
174.51, "Inspections", to read as follows:
Section 174.51 Inspections.
The Department of Development and Inspection, the Engi-
neering Department, the Fire Department, and the Planning
Department will assist the Historic Preservation Board by
making any appropriate inspections to enforce this chapter.
The Chief Building Official is authorized to stop any work
attempted to be accomplished without or contrary to any
certificate of appropriateness required by this chapter. The
Chief Building official will endeavor to assure that any work
not in accordance with an issued certificate of appropriate-
14
ORD. NO. 109-88
ness will be voluntarily corrected by the property owner to
oomply with any certificate of appropriateness.
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Section 18. That Chapt.er 174, "Historic Preservation" ,
"Administration and Enforcement", of the Code of Ordinances of the City
of Delray Beach, Florida is hereby amended by enacting a new Section
174.52, "Building Codes Enforcement", to read as follows:
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Section 174.52 BuildinQ Codes Enforcement.
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Structures, buildings, improvements, and appurtenances
listed individually on the local register or jUdged as con-
tributing to the character of a designated historic district
may be eligible to received modified enforcement of standard
building codes, as provided by Chapter 1, Section 101.6 of the
Standard Building Code adopted by reference in Section
150.015.
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Sect.ion 19. That Chapter 174, "Historic Preservation",
"Administration and Enforcement", of the Code of Ordinances of the City
of Delray Beach, Florida is hereby amended by enacting a new Section
174.53, "Undue Economic Hardship", to read as follows:
Section 174.53 Undue Economic Hardship.
In any instance where there is a claim of undue hardship
as defined in this chapter, the property owner may submit to the His-
toric Preservation Board within a reasonable time prior to the meeting
of the Board the fOllowing documented information:
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(A) For all property:
( 1) The amount paid for the property, the date of
purchase, and the party from whom purchased;
( 2)
The assessed value of the land and
thereon, according to the two
assessments;
improvements
most recent
(3) Real estate taxes for the previous two years;
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( 4) Annual debt service or mortgage payments, if
any, for the previous two years.
( 5) All appraisals, if any, obtained wi thin the
previous two years by the owner or applicant in
connection with the purchase, financing, or
ownership of the property;
( 6) Any list.ing of the property for sale or rent.
price asked, and offers received, if any; and
(7) Any consideration by the owner as to profitable
adaptive uses for the property, including but
not limited to possible fair market rents for
the property if it were rented or leased in its
current condition.
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ORD. NO. 109-88
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(B) For income property (actual or potential):
(1) The annual gross income from the property for
the previous two years, if any;
(2) The annual cash flow, if any, for the previous
two years; and
(3) The status of leases, rentals, or sales for the
previous two years.
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( C) An applicant may submit and the board may require
that an applicant furnish additional information
relevant to the Board's determination of any alleged
undue economic hardship. The Board may also re-
quire, in appropriate circumstances, that informa-
tion be furnished under oath.
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(D) In the event that any of the required information is
not reasonably available to the property owner and
cannot be obtained by the property owner, the
property owner shall file statement of the informa-
tion which cannot be obtained and the reasons Why
such information cannot be reasonably obtained.
Where such unobtainable information concerns re-
quired financial information, the property owner
will submit a statement describing estimates which
will be as accurate as are feasible.
Section 20. Tha t Chapter 174, "Histor ic preserva tion" ,
"Administration and Enforcement", of the Code of Ordinances of the City
of Delray Beach, Florida, is hereby amended by enacting a new section
174.54, "Variances", to read as follows:
Sec. 174.54 Variances.
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(A) The Historic Preservation Board shall act in lieu of the
Board of Adjustment concerning variances from the terms
of existing ordinances for properties within Historic
Districts, for Histo:ric sites, and for properties listed
on the Local Register of Historic Places.
(B) The Board shall not grant a variance from the terms of
existing ordinances unless and until:
(1) A written application for a variance is submitted
demonstrating:
(a) That a vari,mce would not be contrary to the
public interest, safety, or welfare.
(b) That special conditions and circumstances
exist, because of the historic setting, loca-
tion, nature or charact.er of the land,
strllcture, appurtenance, sign or building
involved, which are not applicable to other
lands, structures, appurtenances, signs or
buildings in the same zoning district, which
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ORD. NO. 109-88
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have not
historic
Register
been designated as historic
district nor listed on
of Historic Places.
sites or a
the Local
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(c) Literal interpretation of the prov~s~ons of
existing ordinances would alter the historic
character of the historic district, or historic
site to such an extent that it would not be
feasible to preserve the historic character, of
the historic district or historic site.
(d) The variance requested is the minimum necessary
to maintain the preservation of the historic
character of a historic site or of a historic
district.
( 2) Notice of the public hear ing shall be gi ven in
accordance with the following:
(a) The owners of all property located 300 feet
surrounding the subject parcel shall be noti-
fied by regular mail of the date and purpose of
the public hearing. The applicant. shall submit
a drawing showing the location of all property
lines within 300 feet surrounding the subject
parcel and a complete list of the property
owner's names, mailing addresses and legal
descriptions. The owners of property shall be
those recorded on the latest Official County
Tax Rolls. Such list shall be accompanied by
an affidavit stating that, to the best of the
1\pplicant's knowledge, said list is complete
and accurate.
(b) Mailing shall be at least ten (10) days in
advance of the public hearing so that owners
may be represented in person or by proxy. For
notification purposes, the owners of property
shall be thus recorded on the latest Official
County Tax Rolls.
(3) Notice of the public hearing shall also be posted on
one of the bulletin boards located in the lobby of
City Hall at least ten (10) days prior to the public
hearing.
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(4) The public hearing shall be held, at which time any
party may appear in person or be represented by an
agent or by an attorney. Thl'! Board shall make
findings that the requirements of subsection (B)(l)
above have been met by the applicant. The Board
shall also make a finding that the reasons set forth
in the application justifies the granting of the
variance and that the variance is the minimum
variance that will make possible the reasonable use
of the land, building, or structure.
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ORD. NO. 109-88
; 5) Tne Board. shall Eurther make a finding that the
granting of the variance will be iI. harmony with the
'Je:neral purpose and intent of existing ordinances,
;iill not be injurious to the the neighborhood, or
o1:herw.i.se detrimental to the public welfare.
(6) Conditions. In granting any variance, the Board may!
prescribe appropriate conditions and safe guards in
conformity with existing ordinances. Violations of
such conditions and safeguards, when made a part of
the terms under which the variance is granted shall
be deemed in violation of existing ordinances and
puniShable under Sec. 173.99 of this Code.
(7)- Variances prohibited.
(A) Use variances. Under no circumstances shall
the Board grant a variance to allow use not
generally permitted or hy conditional use
allowed in the zoning district involved, or any
use expressly or by implication prohibited by
the terms of existing ordinances in said zoning
district.
(B) Landscapinq Ordinance. The Board is hereby
expressly prohibited from granting a variance
from any of the requireme.nts, terms or condi-
tions set forth in Chapter 159.
(C) Street and Sidewalk Ordinance. The Board is
hereby expressly prohibited from granting a
~ariance from any of the requirements, terms or
conditions set forth in Secs. 150.045
150.050.
( 8) The concurring vote of four members of the Board
shall be necessary to affect any variation ill the
8pplication of existing ordinances.
( 9) Review of Boards Decision. Any person or persons,
or any Board, taxpayer, department, board or bureau
of the City, whose variance application has been
denied by the Board, may seek review of the decision
uf the Board, by the City Commission, by filing a
written re~lest to the City Manager within ten (10)
days after the decision of the Board.
(10) The Chairman, or in his/her absence the Acting
Chairman, may administer oaths and compel the atten-
dance of witnesses. All meetings shall be open to
t:he ptlblic.
( 11) The Board shall keep minutes of its proceedings,
showing the vote of each member upon each question,
or if absent or failing to vote indicating such
fact, and shall keep records of its examinations and
other official actions, all of which shall be a
public record.
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ORD. NO. 109-88
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(12) A variance from the terms of existing ordinances
shall only be granted to preclude unnecessary hard-
Ships and to maintain the historic character of the
building, structure or district.
(13) The applicant shall pay a filing fee, the amount of
which shall be determined by the Board and approved
by the City Commission.
Section 21. That Chapter 174, "Historic Preservation",
"Administration and Enforcement", Sec. 174.99, "Penalty", of the Code of
Ordinances of the City of Delray Beach, Florida is hereby repealed and a
new Section 174.99, "Penalty", is hereby enacted as follows:
Section 174.99 Penalty.
Any person who carries out or causes to be carried out
any work in violation of this chapter, shall be required to restore the
subject improvement, building, site, structure, appurtenance, or land-
scape feature, either to its appearance prior to the violation or in
accordance with its certificate of appropriateness required by the
Historic Preservation Board. In addition, the Code Enforcement Board
shall have jurisdiction over any violations of this chapter and may levy
a fine to insure compliance. Additional remedies include enforcement
through a court of competent jurisdiction, wherein a fine of not less
than $100 per day, per violation shall be assessed from the date upon
which the work is cited as being in violation. The aforementioned
remedies shall be in addition to and not in lieu of any other civil
remedy.
Section 21. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, word, be
declared by a court of competent jurisdiction to be invalid, such
decision shall not effect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 22. That all ordinances or parts of ordinances in
conflict herewith, be and the same are hereby repealed.
Section 24. That this ordinance shall become a effective
immediately, upon second and final reading.
PASSED AND ADOPTED in regular session
reading this day of
on second and
, 1988.
final
MAYOR
ATTEST:
City Clerk
Firs:t Reading
Second Reading
19
ORD. NO. 109-88
0RDIN~~CE NO. 110-88
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE 3, "ADMINIS-
TRATION", CHAPTER 37, "DELRAY BEACH CODE ENFORCE-
MENT", SECTION 37.02, "ENFORCEMENT OF CERTAIN CODES
AUTHORIZED", OF THE CODE OF ORDINANCES OF THE CITY
OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUBSEC-
TION (K) TO PROVIDE DELRAY BEACH CODE ENFORCEMENT
BOARD WITH JURISDICTION OF VIOLATIONS OF CHAPTER 117
DEALING WITH LANDLORD PERMITS; PROVIDING A SAVING
Cr.AUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title 3, "Administration", Chapter 37,
"Delray Beach Code Enforcement", Section 37.02, "Enforcement of Certain
Codes Authorized", of the Code of Ordinances of the City of Delray
Beach, Florida be in the same is hereby amended by enacting a new
subsection (K) to read as follows:
(K) Chapter 117 Landlord Permits.
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 4. That this ordinance shall become effective on
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1988.
11AYOR
ATTEST:
City Clerk
First Reading ~~p~pmhpr 13. 1QRR
Second Reading
~
ORDINANCE NO 118-88
AN ORDINANCE OF THE CITY COMMISSION OF TP.E CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE
i\ND TRASH" OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING "RATES AND
CHARGES", "REGULAR CHARGES LEVIED", TO PROVIDE FOR
INCREASED GARBAGE AND TRASH SERVICE CHARGES AND
FEES; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING
~ 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 Chapter 51, "Garbage and Trash", "Rates and
Charges" , Section 51.70, "Regular Charges Levied", of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is
hereby amended to read as follows:
Sec. 51-70. Regular charges levied.
The following service charges or fees are hereby levied for
garbage and trash service:
(A) Charges for the below-described garbage and trash pickup
service shall be as follows and shall cormnence when a
certificate of occupancy is issued for any residential or
commercial units, and shall continue monthly thereafter
unless service is discontinued in accordance with Section
51-72:
(1) For those customers receiving Type A, roll-out cart
service, the service charge shall be $%3~5e $14.86
per month for garbage and trash pickUp, except that
the levy for "Tropic Palms and Palms of Delray"
shall be $13.56 per month for garbage and trash
pickup.
( 2)
For those customers
side-door service,
$%2~B2 $14.03 per
pickup.
receiving Type B, rear-doorl
the service charge shall be
month for garbage and trash
(3) For those customers receiving Type C, curbside,
garbage and household trash in disposable containers
service, the service charge shall be $~~%9 $8.17 per
month for such garbage and household trash piCkUp.
(4) For those customers receiving Type D, curb side in
owner's container (or for t.hose customers who, by
reason of disability, as certified by a doctor and
previously approved by the city, are unable to place
refuse containers on the street, and whose
collection by the city or its contractor(s) is thus
pursuant to the Type B, rear-door/side-door service)
the service charge shall be $%e~Be $11.93 per month
for garbage and trash piCkup.
1
ORD. NO. 118-88
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(b) Mechanical containers and commercial refuse container
service.
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Container
Size (yd./sq.)
2
3
4
6
8
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3
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8
2
3
4
6
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3
4
6
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(1) For customers receiving Type E, mechanical con-
tainers and commercial refuse container service, the
service charge shall be based upon the following for
such garbage and trash services:
Container
Pickups Monthly
per Week Billing Rate
1 $-49 $ 43
1 Sl 62
1 n 79
1 :l-El4 114
1 B:l 146
2 89 86
2 H4 124
? 1:15 158
., ?9B 227
.:.
2 266 291
3 ;,?o9 130
3 H;, 186
3 iHB 237
J :lH! ~41
3 399 436
4 3069 173
4 ??B 247
4 i!99 316
4 H6 454
4 5:l:2 582
5 '1:99 216
5 284 309
5 :l6:l 395
5 5:2;' 568
S 665 727
<; ?39 ?F;()
6 34% 371
6 4:l~ 474
6 6i!5 682
6 198 871
(2) Multiple-family dwelling units containing five (5)
units or more shall use containers emptied by
mechanical means, except as otherwise approved by
the city because of lack of suitable space for a
mechanical container or other good reason.
(3) Commercial customers shall use such mechanical
containers and commercial refuse container service
(Type E). Commercial customers shall include, but
not be limited to, all office buildings, stores,
filling stations, service establishments, light
industry, schools, churches, clubs, lOdges, motels,
laundries, hotels, public buildings, food service
and lodging establishments.
ORD. NO. 118-88
(;ulrunercial customers may use any of the following
cuntainers for accumulation of refuse:
( a) Commercial refuse containers. The city shall
require any cOlTUllercial customer needing more
than six ( 6) such refuse containers to use
llIechanical containers, if feasible.
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(b) Mechanical containers.
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(4) The owners/operators of cOlTUllercial establishments
and other commercial customers shall accumulate such
refuse in such locations mutually agreed upon by the
owner/operator and the city or its contractor ( s),
.and which are convenient for collection by the City
or its contractor(s).
(5) Containers emptied by mechanical means shall be
provided by the city or its contractor(s). Such
container(s) shall be emptied on a schedule mutually
agreed upon by the customer and the city or its
contractor(s), but not less than one day a week nor
more than six (6) days a week. Maintenance of such
container shall be as set forth in this chapter;
provided; however, the city's contractor(s) shall
not impose any separate or additional charges to
customers or to the city for the rental or routine/
regular maintenance of such containers that may be
performed by the city's contractor(s).
(6) Commercial customers needing less than six (6)
refuse containers, and those approved for this type
of service by the city in advance because they lack
a suitable location for a mechanical container shall
also be serviced at least once per week. All
garbage and commercial trash shall be collected from
such refuse containers at locations agreed to
between the city or its contractor(s) and the
customer.
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(e) The charges set forth above for mechanical containers and
commercial refuse container service (Type E) shall accrue
and be payable on the total capacity of the container
whether or not it is full. Containers of the type and
size designated by the city and/or provided by the city's
contractor(s) shall be used. Where more than one user is
serviced by one container, the monthly charges shall be
levied to each customer by dividing the total monthly
cost by the number of customers using such container;
provided, however, in no event shall the monthly service
charge be less than $49 $43. The term "customer" as
employed herein is any person Using the service or to
whom the service is available. Even if the customer is
different from the person who is actually billed for or
pays for the service, the minimum monthly charge referred
to above shall be calculated as to each such customer.
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ORD. NO. 118-88
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Section 2. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 3. That should any sect. ion or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a Court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective immedi-
ately upon its passage on second and final reading, and the changes set
forth herein shall be applicable to all bills rendered on or after
October 1, 1988.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1988.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
4
ORD. NO. 118-88
ORDINANCE NO. 119-88
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, DESIGNATING AN AREA LOCATED IN SECTION
18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, NORTH OF ATLANTIC
AVENUE, WEST OF I-95 AND EAST OF THE SEABOARD AIRLINE
RAILROAD, A/K/A HISTORIC DEPOT SQUARE, AN HISTORIC
PRESERVATION DISTRICT; AMENDING THE ZONING MAP OF DELRAY
BEACH, FLORIDA, 1983; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Historic Preservation Board,
on September 16, 1988, unanimously recommended
Seaboard Airline Railroad Station, a/k/a Historic
Historic District,
at the meeting held
the designation of
Depot Square, as an
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City
of Delray Beach, Florida, is hereby designated as an Historic District:
PARCEL 9
A parcel of land lying in Section 18, Township 46 South,
Range 43 East, City of Delray Beach, Palm Beach County,
Florida, said parcel being more particularly described as
follows:
Commencing at the Northeast corner of said Section 18;
thence with a bearing of S. 00 30' 00" E., along the East
line of Section 18, a distance of 690.00 feet to a point;
thence with a bearing of S. 890 30'00" W., a distance of
264.00 feet to a point; thence with a bearing of S. 00
3D' 00" E., along a line lying 264.00 feet West of and
parallel to the East line of Section 18, a distance of
1280.24 feet to a point; thence with a bearing of S. 320
53' 57" W., a distance of 43.58 feet to a point of
curvature; thence with a curve to the left, having a
radius of 632.00 feet, an arc length of 215.00 feet t8
the Point of Beginning; thence with a bearing of S. 07
50' 46" W., a distance of 399.94 feet to a point; thence
with a bearing of S. 220 58' 54" W., a distance of 81.05
feet to a point; thence with a bearing of S. 810 46' 47"
W., a distance of 17.99 feet to a point; thence with a
bearing of N. 000 3D' 00" W., a distance of 629.54 feet
to a point; thence with a bearing of N. 890 30' 00" E., a
distance of 97.15 feet to a point; thence with a curve
concave to the West, having an initial tangent bearing of
S. 07004' 59" E., a radius of 541.40 feet, a central
angle of 160 21' 56", an arc length of 154.64 feet to a
point; thence with a bearing of S. 790 19' 23" E., a
distance of 15.62 feet, more or less, to the Point of
Beginning.
Containing 49,373 square feet, more or less, and subiect
to easements and rights-of-way of record.
PARCEL 8
A parcel of land lying in Section 18, Township 46 South,
Range 43 East, City of Delray Beach, Palm Beach County,
Florida, said parcel being more particularly described as
follows:
Commencing at the Northeast corner of said Section 18;
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thence with a bearing of S. 0 3D' 00" E. along the East
line of Section 18, a distance of 690.00 feet to a point;
thence with a bearing of S. 890 3D' DO" W., a distance of
264.00 feet to a point; thence with a bearing of S. 000
30' DO" E., along a line lying 264.00 feet West of and
parallel to the East line of Section 18, a distance of
670.10 feet to a point; thence with a bearing of N. 890
17' 11" W., a distance of 172.85 feet to the Point of
Beginning; thence with a bearing of S. 000 3D' DO" E., a
distance of 453.54 feet to a point; thence with a curve
concave to the East, having an initial tangent bearing of
S. 020 56' 43" E., a radius of 25 feet, a central angle
of 130 07' 13", an arc length of 5.72 feet to a point;
thence with a bearing of S. 130 30' 39" E., a distance of
176.93 feet to a point; thence with a curve concave to
thIS Southwest, having an initial tangent. bearing of S.
14 33' 49" E., a radius of 541.40 feet, a central angle
of 60 11' 07", an arc length of 58.45 feet to a point;
thence with a bearing of S. 890 30' 00" w., a distance of
97.11 feet to a point; thence with a bearing of N. 000
30' DO" W., a distance of 139.89 feet to a point; thence
with a bearinq of S. 890 16' 05" E., a distance of 15.28
feet to a point; thence with a bearing of N. 000 30' DO"
W., a distance of 549.97 feet to a point; thence with a
bearing of S. 890 16' 05" E.,a distance of 30.00 feet;
more or less, to the Point of Beginning.
Containing 29,073 square feet, more or less, and subject
to easements and rights-of-way of record.
16 FOOT TRACK EASEMENT FOR RAILROAD
PARCEL 8
An easement, 16 foot in width, lying in Section 18,
Township 46 South, Range 43 East, City of Delray Beach,
Palm Beach County, Florida, the boundary of said easement
being more particularly described as follows:
Commencing at the Northeast corner of said Section 18;
thence with a bearing of S. 000 30' DO" E. along the East
line of Section 18, a distance of 690.00 feet to a point;
thence with a bearing of S. 890 30' 00" W., a distance of
264.00 feet to a point; thence with a bearing of S. 000
3D' DO" E., along a line lying 264.00 feet West of and
parallel to the East line of Section 18, a distance of
670.10 feet to a point; thence with a bearing of N. 890
17' II" W., a distance of 172.85 feet to a point; thence
with a bearing of S. 000 30' DO" E., a distance of 222.16
feet to a Point of Beginning of boundary of the 16 foot
track easement; thence with a bearing of S. 000 30' DO"
E., a distance of 39.70 feet to a point; thence with a
curve concave to the Northeast, having an initial tangent
bearing of N. 250 23' 41" W., a radius of 924.65 feet, a
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central angle of 4 51' 58", an arc length of 78.53 feet
to a point; thence with a bearing of N. 00030' DO" W., a
distance of 50.31 feet to a point; thence with a curve
concave to the Northeast, having an initial tangent
bearing of S. 170 32' 49" E., a radius of 908.65 feet, a
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central angle of 5 34' 34", an arc length of 88.43 feet,
more or less, to the Point of Beginning.
Containing 1,330 square feet, more or less.
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ORD. NO. 119-88
PARCEL 2 OF PARCEL 8
A parcel of land lying in Section 18, Township 46 South,
Range 43 East, City of Delray Beach, Palm Beach County,
Florida, said parcel being more particularly described as
follows:
Commencing at the Northeast corner of said Section 18;
thence with a bearing of S. 000 30' 00" E., along the
East line of Section 18, a distance of 690.00 feet to a
point; thence with a bearing of S. 890 30' 00" W., a
distance of 264.00 feet to a point; thence with a bearing
of S. 000 3D' 00" E., along a line lying 264.00 feet West
of and parallel to the East line of Section 18, a
distance of 670.10 feet to a point; thence with a bearing
of 890 17' 11" W., a distance of 172.85 feet to a point;
thence wit~ a bearing of N. 890 16' 05" W., a distance of
30.00 feet to a point thence with a bearing of S. 000 30'
00" E.; a distance of 549.97 feet to a Point of
Beginning; thence with a bearing of S. 890 16' 05" E., a
distance of 51.99 feet to a point; thence with a bearing
of S. 13030' 39" E., a distance of 83.23 to a point;
thence with a curve concave to the Southwest, having an
initial tangent bearing of S. 140 33' 49" E. a radius of
o
541.40 feet, a central angle of 6 11' 07", an arc length
of 58.45 feet to a point; thence with a bearing of S. 890
30' DO" W., a distance of 97.11 feet to a point; thence
with a bearing of N. 000 30' 00" W., a distance of 139.89
feet to a point; thence with a bearing of S. 890 16' 05"
E., a distance of 15.28 feet, more or less, to the Point
of Beginning.
Containing 11,540 square feet, more or less, and subject
to easements and rights-of-way of record.
PARCEL 3 OF PARCEL 8
A parcel of land lying in Section 18, Township 46 South,
Range 43 East, City of Delray Beach, Palm Beach County,
Florida, said parcel being more particularly described as
follows:
Commencing at the Northeast corner of said Section 18,
thence with a bearing of S. 000 30' 00" E., along the
East line of Section 18, a distance of a90.OO feet to a
point; thence with a bearing of S. 89 30' 00" W., a
distance of 264.00 feet to a point; thence with a bearing
of S. 000 300 DO' 00" E., along a line lying 264.00 feei
West of and parallel to the East line of Section 18, a
distance of 670.10 feet to a point; thence with a bearing
of N. 890 17' 11" W., a distance of 172.85 feet t8 the
Point of Beginning; thence with a bearing of S. 00 3D'
DO" E., a distance of 453.54 feet to a point; thence with
a curve concave ~o the East, having an initial tangent
bearing of S. 02 56' 43" E., a radius of 25 feet, a
o
central angle of 13 07' 13", an arc length of 5.72 feet
to a point; thence with a bearing of S. 130 30' 39" E., a
distance of 93.70 feet to a point; thence with a bearing
of N. 890 16' 05" W., a distance of 51.99 feet to a
point; thence with a bearing of N. 000 30' 00" W., a
distance of 549.97 feet to point; thence with a bearing
of S. 890 16' 05" E., a distance of 30.00 feet, more or
less, to the Point of Beginning.
Containing 17,533 square feet, more or less, a subject to
easements and right-of-way of record.
-3-
ORD. NO. 119-88
Section 2. That the Planning Director of the City of Delray
Beach, Florida, shall, upon the effective date of this ordinance, amend
the Zoning Map of Delray Beach, Florida, to show, in an overlay manner,
the above designation.
Section 3. That this ordinance shall become effective ten days
after passage on second and final reading.
PASSED AND ADOPTED in
reading on this the ____ day of
regular session on second and
, 1988.
final
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
-4-
ORD. NO. 119-88
DEPARTr "ENTAL
CORRESPONDENCE
[ITY DF
DElRAY BEA[H
~~
. .~
Lula Butler, Director, Community Improvement
~ .
'Jj <c. Coordinator
ROM Dorothy Ellington, Community Development
1ST READING - HISTORIC DESIGNATION OF SEABOARD AIRLINE
UBJECRAILWAY STATION
9/19/88
DATE
This is to request the scheduling for first reading of an ordinance
designating the Seaboard Airline Railway Station a historic site.
Chapter 174 of the Code of Ordinances grant the Historic Preservation
Board authority to recommend to the City Commission the designation of
local historic sites, structures and dis.tricts for placement on the
Local Register of Historic Places ( Section 174.21 through 174.23).
After proper public notification, a public hearing was held on Friday,
September 16, 1988 to designate the Railroad Station, also known as
Historic Depot Square, a historic site. (This project is already listed
on the National Register of Historic Places.) With no public opposi-
tion, the Board voted unanimously to transmit this nomination and
recommendation to the City Commission for final approval.
Please transmit a copy of the agenda materials to the City Clerk's
office for preparation of the designating ordinance.
The designation report is attached.
DE/mcy
-
Admin12
14-
:M 362
THE EFFORT ALWAYS MATTERS
C I T Y
COM MIS S ION
DOC U MEN TAT ION
TO:
~~A~~~R 0: BARRY, CITY MANAGER
~DOy~~~~
DEPARTMENT OF PLANNING AND ZONING
FROM:
SUBJECT: MEETING OF SEPTEMBER 27, 1988
AGENDA ITEM
CONSIDERATION OF AN ORDINANCE, ON FIRST READING, TO
REZONE PROPERTY GENERALLY KNOWN AS MILLER FIELD FROM
R-lA AND MF-10 TO C.F.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of
first reading of a rezoning ordinance.
The change is from R-1A and RM-lO to C.F.
The property is publicly owned and is used as Miller
Field, the Transfer Stations, and vacant property
leased to the City which is to be developed for
additional park purposes.
BACKGROUND:
This rezoning was initiated by the City Commission upon request
of staff in order to have appropriate zoning in place prior to
renovation and expansion of park facilities.
It is a part of our cont1nu1ng efforts to have the C.F. zoning
designation applied to appropriate parcels throughout the City.
~ttached is the Board I s staff report wnich provides C1 complete
description of the request and its analysis.
Planning and Zoninq Board Recommendation:
public hearing on this item on September
mailed to neighborhood property owners.
comment at the Board's hearing. The Board
of the rezoning as requested.
The Board held a
19th. Notices were
There was no public
recommended approval
/5
To: Walter O. Barry, City Manager
Re: Consideration of an Ordinance, on First Reading,
To Rezone Property Generally Known as Miller Field
From R-1A and MF-lo to C.F.
Page 2
In addition, the Board addressed related public improvement
projects and recommended that "an extension of S.W. 4th Avenue
should not be accommodated through the area, and that the site
plan should be developed without such a feature; and, that any
funding allocation for the extension of S.W. 4th Avenue from its
present terminus to Dotteral should be deleted from any Capital
Improvement Program and/or Budget".
RECOMMENDED ACTION:
.
By motion, approval on first reading of this rezoning ordinance
and that S.W. 4th Avenue not be accommodated on the site plan for
the south ten acres and that funding for extension of S. W. 4th
Avenue to Dotteral be deleted from any Capital Improvement
Program.
Attachment:
P&Z Board staff report of September 19, 1988
REF/DJK#30/CCMILLER.TXT
PLANNING 6 ZONING
CITY OF OELRAY
BOARD
BEACH
MEET ING DATE: September 19, 1988
STAFF REPORT
AGENJA ITEM:
III. A.
ITEM :
Consideration of a Rezoning from R-1A and RMI0 for Publicly Owned Lands
In the Vicinit of Miller Field to the Communit Facilities CF Zone District
GENERAL
DATA:
()",ner..........."....."........ .City of Delray Beach
Location.................... ....Subject property 11e. within the
area that 1. located south of
Linton Blvd., north of Dotterel
Rd., if extended e..t, between
the F.B.C. Railroad and S.w. 4th
Ave., if extended south.
Property Size.................. .34.44 Acr.s
City Land Use Plan....... .......R (Recreational and Open Space)
Existing City
Zonlnq............R-lAA (Slngle Family Resldential)
(24.77 Acre.) .nd MF-10 (MUltiple
Fondly Re.1dent1al) (9.67 Acres)
Zonlnq.................CF (Community Facilities)
Zoning.......... .......North of the subject property is
zoned LI (Light Indu.tr1al).
South 1. zoned SAD (Special
Act1v1t1e. D1.tr1ct). Ea.t 1.
zoned SC (Specialized. District)
and. West i8 zoned SAD and. RM-l5
(Multiple Family Re.1dent1al).
Proposed.
Mjacent
Existing Land Use.... ..... ......Transter station, Hiller Park and
vacant land
I
Proposed Land Use......... ......The existing uses and
improvements to Hiller Park.
Ten (10) acres to the south will
be developed for recreational
purposes.
Water Service.. ......... ...... ..Existing on-site
Sewer Service.. ....... ..........Existing on-aite
ITEM: III. A.
\-t
J
ORDINANCE NO. 120-88
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED R-1AA (SINGLE
FAMILY DWELLING) DISTRICT, IN PART, AND RM-10
(MULTIPLE FAMILY DWELLING) DISTRICT, IN PART,
IN CF (COMMUNITY FACILITIES) DISTRICT FOR A
PARCEL OF LAND LYING AND BEING I~ SECTION 29.
TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY
BEACH, PALM BEACH COUNTY, FLORIDA;' SAID LAND
IS LOCATED SOUTH OF LINTON BOULEVARD AND
NORTH OF DOTTEREL ROAD, IF EXTENDED EASTWARD,
BETWEEN THE F.E.C. RAILROAD AND S.W. 4TH
AVENUE, IF EXTENDED SOUTHWARD, AND AMENDING
"ZONING MAP OF DELRAY BEACH. FLORIDA, 1983";
PROVIDING A GENERAL REPEALER CLAUSE; PROVID-
ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DEL RAY BEACH. FLORIDA. AS FOLLOWS:
Section ~ 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
173 of the Code of Ordinances of the City of Delray Beach,
Florida, to-wit:
TRANSFER STATION PLAT, being a Replat of part
of Blocks 3, 7, 8 and 9 and road rights-of-
way adjacent thereto, WEST EL BE, Plat Book
15, Page 22, Public Records of Palm Beach
County, Florida (lying within Section 29,
Township 46 South, Range 43 East, Delray
Beach, Palm Beach County, Florida); together
with,
All that part of Lot 5 of the Florida East
Coast Subdivision of Section 29, Township 46
South. Range 43 East. according to the Plat
thereof on file in the Office of the Clerk of
the Circuit Court in and for Palm Beach
County, Florida, in Plat Book 1. Page 4.
lying west of a line parallel with and 50
feet distance westerly from the centerline of
the main track of the F.E.C. Railway; togeth-
er with.
That part of Lot 6, lying west of the Florida
East Coast Railroad right-of-way, Florida
East Coast Subdivision of Section 29, Town-
ship 46 South, Range 43 East. and recorded in
Plat Book 1, Page 4, Public Records of Palm
Beach County, Florida; said lands situate.
lYing and being in Palm Beach County, Flori-
da.
The subject property is located south of
Linton Boulevard and north of Dotterel Road,
if extended eastward, between the F.E.C.
Railroad and S.W. 4th Avenue. if extended
southward.
The above described parcels contain a 34.44
acre parcel of land, more or less.
I~
v
v
Sention 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-
Sen~ion 3. That all ordinances or parts of ordinances
in conflict herewith be. and the same are hereby repealed.
.
Section 4. That should any section or provision of
this ordinance or any portion thereof. any paragraph. sentence.
or word be declared by a Court of competent Jurisdiction to be
invalid. such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in
final reading on this the
regular session
day of
on second and
. 1988.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
[ITY OF DELRAY BEA[H
CITY ATTORNEY'S OFFICE
31uS.! l~lSTRFI-T.Slln-+ DFLR\YBL.\CH,ITOJ{IOA33..J.R,i
4()7'1.+}-7i190 ITLFCUPII-,R 41J7inS-4755
MEMORANDUM
Date: September 20, 1988
To: City Commission
From: Susan A. Ruby, Assistant City Commission
Subject: Purchase of Scrub Parcel
The Palm Beach County Commission approved, on September 13,
1988, the Option to Purchase Agreement to purchase the "scrub
parcel". Susan Lubitz, Esq., Assistant County Attorney, has
informed our office that the County shall place the exercise of
the option on their October 4, 1988 agenda for a vote by the
County Commission.
The essential terms of the option to purchase agreement
provides that the City and the County shall pay twenty-five
thousand ($25,000.00) each for the option to purchase. The
option monies are to be credited towards the purchase price of
seven hundred thousand dollars ($700,000.00)
The option agreement provides for the performance of soil tests
by the buyers and further provides that all related costs to
the buyer attendant to the purchase of the property shall be
shared equally between the City and the County.
By copy of this memorandwn to the City Manager's office, our
office requests that the resolution authorizing the City to
enter into the option agreement be placed on the September 27,
1988 City Commission Agenda. The Option Agreement, the
Memorandwn of the Real Estate Option Agreement, and the
interlocal agreement should also be placed on the September 27,
1988 agenda as separate items for approval. In addition, in
order to comply with the terms of the agreement, it will also
be necessary for the City to vote on whether to exercise the
option at their meeting on September 27, 1988, with said vote
to exercise the option to become effective on October 4, 1988,
which is the date the County commission is expected to exercise
the option to purchase the property.
Please do not
desire'-further
)
hesitate to contact our office if you should
information.
~...l'i-1/~
,-SA'R : c~
f'l
~
.
MEMORANDUM
TO:
Ms. Susan Ruby, Esq.
Assistant City Attorney
J:r (
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-~" J.'l
'ei
FROM:
Robert S. Pontek
Director of Public utilities
DATE:
September 1, 1988
SUBJECT:
11 ACRE SCRUB PARCEL - UTILITIES ASSESSMENT
I have reviewed the existing utilities to include the wate~,
sewer and power for the above property and wish to offer the
following for informational purposes:
(1) Nater - There. is an existing 6" watermain located along
Albatross Road. There si a 6" main along Curlew and a
10" main along Lindell Blvd. Therefore, ample water is
readily in the area to offer ample extesnion for service.
(2) Sewer - We have gravity sewers located in the ROW of
Albatross. There is another gravity sewer in Curlew
which can be extended as well. Unless the easement we
find between lots 251 and 252 will allow gravity sewer
extensions, we suggest using the sewer in Curlew for
the extensions.
(3) Power - I spoke to our local FPL representative and he
indicates that ample power exists on the pole line at
the westerly property line for this parcel.
will assist you in the acquisition
RSP:bp
.
~
P.ESOLUTION NO. 58-88
;, RESOLUTION OF THE CITY COMMISSION OF THE r.ITY OF
DELRAY BEACH, FLURIDA, AUTHORIZING THE CITY TO ENTER
INTO, WITH THE SELLERS AND PAI,M BEACH COUNTY ,
FLORIDA, AN OPTION TO PURCHASE AGREEMENT FOR THE
JOINT PURCHASE OF AN 11. 6 ACRE PARCEL OF VACANT LAND
LOCATED WEST OF AND ALONG THE FEC RAILROAD TRACKS AT
THE EASTERN TERMINUS OF CURLEW ROAD IN DELRAY BEACH,
FI,ORID1\, ALSO KNOWN AS THE "SCRUB PARCEL", HEREBY
INCORPORATING AND ACCEPTING THE CONDITIONS AND TERMS
OF THE INTERLOCAL AGREEMENT BETWEEN THE CIT'l OF
DELRAY BEACH, FLORIDA l~D PALM BEACH COUNTY, FLORIDA
AND THE TERMS AND CONDITIONS OF THE OPTION TO
PURCHASE AGREEMENT BETWEEN THE SELLERS," THE CITY OF
DELRAY BEACH, FLORIDA AND PALM BEACH COUNTY,
FLORIDA.
WHEREAS, the City of Delray Beach, Florida, in conjunction
with Palm Beach County, Florida wishes to establish a natural vegetation!
preserve/park on an approximately 11.6 acre parcel of vacant land
located west of the FEC railroad tracks at the eastern terminus of
Curlew Road in Delray Beach, Florida; and,
WrlEREAS, the Sellers, Ivan Lavernia, M.D. and Samuel Yellin,
M. D., desire to sell the 11.6 acre parcel better known as the "scrub
parcel" to the City of Delray Beach, Florida and Palm Beach County
Florida; and,
WHEREAS, the City of Delray Beach, Florida and Palm Beach
County plan to enter into an inter local agreement to provide for the
maintenance and development of the nature preserve/park; and,
WHEREAS, it is .in the best interest of the City of Delray
Beach, Florida, to enter into the option to purchase agreement and the
interlocal agreement with Palm Beach County, Florida in order to provide
the cit.i.zens of Delray Beach, Florida and Palm Beach County, Florida
with a passive nature preserve/park which conserves a vital natural
resource.
NO\</. THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section I. That the City Commission of the City of Delray
Beach, Florida, hereby agrees to enter into an option to purchase
agreement in conjunction with Palm Beach County, Florida with Ivan
Lavernia, M.D. and Samuel Yellin, M.D. for the purchase of 11.6 parcel
of vacant land more fully described as follows:
That portion of Lots 2, 7 and 10, lying west of the Florida
East Coast Railroad, in the southeast Quarter (S.E. 1/4) of
Model Land Company' 5 Subdivision of Section 29, Township 46
SOllth, range 43 east, according to the plat thereof as
recorded in Plat Book 6, Page 50 of the Public records of Palm
Beach County, Florida, also described as:
That portion of Lot 7, 8 and 9 lying west of the FEC Railroad,
Section 29, Township 46 south, range 43 east, according to the
J7
91at thereof as recorded in Plat Book 1, Page 4 of the Public
Records of Palm Beach County, Florida, less the north 272.61 I
feet running along the Florida East Coast Railroad with a line
drawn parallel to the south boundary of Lot 2 as recorded in
Plat Book 6, Page 50 or the south boundary of Lot 7 as
recorded in Plat Book 1, Page 4 of the Public Records of Palm
Beach County, Florida, also known as the "scrub parcel".
Section 2. The City and the County shall each contr ibu te
$25,000.00 for the option to purchase the above-described real property.
The option payments shall be credited towards the full purchase price of
$700,000.00.
Section 3. The terms and conditions contained in the real
estate option agreement as well as the terms and' conditions contained
wi thin the inter local agreement between the City and the County are
incorporated herein.
PASSED AND ADOPTED in regular session on this
, 1988.
day of
1"1 A Y 0 R
ATTEST:
City Clerk
2
RES. NO. 58-88
C I T Y
COM MIS S ION
DOC U MEN TAT ION
TO:
WALTER O. BARRY, CITY MANAGER
(~JJUU0h-
~D J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM:
SUBJECT:
MEETING OF SEPTEMBER 27, 1988
AGENDA ITEM
CONSIDERATION OF PAYMENT REQUIREMENTS FOR ALLEN AVENUE
WATER SERVICE CONNECTIONS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of
special consideration and disposition of processing and
fee requirements for connections to the Allen Avenu~
water main project.
BACKGROUND:
Residences along Allen Avenue will not be annexed into the City
until December 13, 1988. The Allen Avenue water main
installation is now completed and connections may be made.
Normally, the following items (among others) must be accommodated
prior to allowing connection:
Execution of a water service agreement; and
Payment of the connection fees at 125% of the cost
assessed to in-City properties.
In order to move expeditiously and to encourage connections prior
to the effective date of annexation, the City Administration is
seeking Commission authorization regarding the following:
1. not to require the water service agreements be formally
processed and executed;
) cg
l
..
To: Walter O. Barry, City Manager
Re: Consideration of Payment Requirements for Allen Avenue
Water Service Connections
Page 2
2. allow connection at in-City rates; and,
3. bill the properties at in-City rates.
If this authorization is given, the Administration will proceed
accordingly.
RECOMMENDED ACTION:
By motion,
provision
accordance
direct and authorize the City Manager
of water service to Allen Avenue
with the fOllowing:
to allow
residents
the
in
1. not to require the water service agreements be formally
processed and executed;
2. allow connection at in-City rates; and,
3. bill the properties at in-City rates.
l
.
[ITY DF DELAAY BEA[H
CITY ATTORNEY'S OFFICE
iIQS.1 !~ISTRLrT,SUTF..J. Dli]{\'l:'HI-\(,II.!'I.()RjJn}J-+K~
407,/:43-7Wifl ITI IOCO!'ljR 4()"7 ~;8-l-'S5
MEMORANDUM
~t~ .. -
Date:
September 22, 1988
_ _ SEp 2 11988
Llf}' Mi.;"'--.
'. ,n.."~" '0" _.
~ ..,.' ~, ',;-
To:
Walter O. Barry, City Manager
Herbert W. A. Thiele
From:
Subject: Review of your Memorandum of August 25, 1988
concerninq Water Service Aqreements for Allen Avenue Proiect
The City Attorney's Office is in receipt of a copy of a
Memorandum which you had sent to the Director of Public
Utilities, Robert Pontek, dated August 25, 1988 concerning the
need for Water Service Agreements for the Allen Avenue project.
While I concur that the territories involved are proposed to
the annexed prior to the end of the calendar year for 1988, it
would be my recommendation that we nonetheless obtain and
submit to City Commission for approval formal Water Service
Agreements in our standard form for each of the properties
along Allen Avenue. This is based upon the information which
is contained in these agreements themselves, and in light of
the fact that the enclave act which apparently is the legal
basis for the annexation of this property is still under
challenge in both the United States District Court for the
Southern District of Florida, as well as the Circuit Court for
the Fifteenth Judicial Circuit of Florida. Should either of
these two law suits be successful, which obviously we are
hopeful and working that they shall not be, the execution and
recording of the Water Service Agreements would be of great
assistance in the possible future annexation of these
properties, as well as to establish the terms and conditions
for the Obtaining of water service from the City.
If you have any questions, please contact me at your
~enience .
~co
cc: Robert Pontek, Director of Public Utilities
David Kovacs, Director of Planning and Zoning
~
"-...
.
TO:
FROM:
CITY COMMISSION DO"""""TATION 1Ii,J... r~ (?
~ER O. BARRY, CITY MANAGER
~~JJ~~C~'~CTOR
DEPARTMENT OF PLANNING AND ZONING
;J,J
SUBJECT: AGENDA ITEM
CITY COMMISSION MEETING OF SEPTEMBER 27, 1988
"SPLITTING" OF PLANNING AND ZONING
These comments are provid~in response to your informing me that
consideration of this subject will be before the City Commission.
1.
2.
The concept requires quite a bit of forethought. I had
earlier provided a write-up as to how a restructuring of the
P & Z Board and the Board of Adjustment could work. This
concept was developed on the premise that there would not be
additional staffing and that it was not desirable to create
another Board.
3.
Under the Comprehensive Planning Act and upon adoption of
our Plan, the Local Planning Agency will assume a much more
important and powerful role in the approval of private and
public projects. If a new Board is created, it will be
necessary that top level staffing is provided to it. We
have envisioned a separate division of the Planning and
Zoning Department of at least three persons to deal with
"comprehensive planning" in FY 89/90. If a new Board is
created now, this additional( s~ould also be authorized and.t::... /
brought on-board. ;;~~~~ fJ-.- ~_
$...,).... '7
Upon implementation of our Comprehensive Plan, under the Act, .
and the resulting requirement for formal determinations of
"consistency" and "concurrency", it is felt (Florida League
of Cities) that judicial approaches to local decision-making
vis-a-vis the Plan will shift from being "fairly debatable"
to "being comparable" to items (policies, programs,
statements) as contained in the adopted plan document.
4.
Whatever is done, if anything, must include a very specific
charge to the new Board, along with changes to the charges
of existing Boards. Responsibilities of the H.P.B.
C.A.B. -- B.O.A. -- and P & Z should all be examined. This
undertaking is significant, if indeed, an approach beyond
that outlined in my previous memo is pursued.
,"
I
.
To: Walter G. Barry
Re: City Commission Documentation
Meeting of september 27, 1988
"Splitting" of planning and Zoning Board
Page 2
5. It is probably unfair and not a good practice to retain the
three "lame duck" members of the current Board on a moment
to moment basis while "something" is being worked out. I
would suggest that either new members be appointed now or
that the existing members be given an additional one year
appointment and that the restructuring occur in September,
1989, after our Plan has been submitted to D.C.A. In any
event, I would not recommend that another Board be created
and then figure out what to do with it or figure out how to
divide up responsibilities with other existing Boards.
6. And I reemphasize the need to have adequate staffing for
any Board which is created. My Department alone has logged ~
more than 800 uncompensated hours during this calendar year ~
providing the full range of services necessary to meet
demands created by current review processes. Additional
demands upon current resources cannot be accommodated
without a serious deterioration of quality and quantity of
service. '
~ -
Attorney, t~ / "r /
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Herb Thiele, City
D.S.M.G. members
I
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18 /
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.
\
MEMORANDUM
FROM:
~C~ ID:REC'l'OR OF DEVELOPMENT
~J. KOVAC~M~
DEPARTMENT OF PLANNING AND ZONING
SERVICES
....------
TO:
DATE: JULY 18, 1988
SUBJECT: PLANNING AND ZONING BOARD/BOARD OF ADJUSTMENT
REORGANIZATION PROPOSAL
With the evolution of the p1anninq function to a more central
role in municipal decision makinq, primarily as a result of
renewed emphasis upon consistency with a Comprehensive Plan, it
is qermane to think about how the City of De1ray Beach will
respond. If, indeed, p1anninq is to have such a key role, the
P1anninq and Zoninq Board (whiCh is the City's Local P1anninq
Aqency) will assume new responsibilities, the primary one of
which is determininq if certain actions are consistent or
compatiab1e with the City's Comprehensive Plan. These certain,
actions not only involve all land use matters but will extend
into prioritization of capital improvement.prQjects and a more
formal role in the acquisition and disposal of City owned lands
or interests in land.
In addition to the above, City Fathers have been enqaqed in
on-qoinq dialogue about the respective roles of the Planning and
Zoninq Board (P&Z), the Community Appearance Board (CAB), and the
Board of Adjustment (BOA).
(Note: Both the P&Z and BOA are creatures of the City
Charter. The P&Z is the City's Local Planning Aqency. A LPA
is required pursuant to Florida Statute. The BOA is no
longer required pursuant to Florida Statute; though it once
was. The CAB is a creature of local ordinance.)
Because the City of De1ray Beach exercises land use review
authority at a level qreater than most communities (i.e. site
plan review pursuant to subjective "standards", aesthetic
reviews, subjective 1andscapinq) and because the zoning code
involves a mix of standard zone districts (GC, SC, RM, ect) and
performance related districts (PRO, POC, PCC, etc.), confusion
(formerly conflicts) arises as to the basis of authority which
the BOA may use to qrant variances to a project supported by the
P&Z when the performance zoninq techniques are applied. These
matters, inc1udinq conflicts with CAB authority, where the
subject of Commission attention in the fall of 1987. A
refinement of roles was developed and some procedural changes
were instituted. Apparent conflicts have seemed to ceased but
the underlying duplicative processing remains.
I
.
TO: Frank Spence, Director of Development: Services
Re: Planning and Zoning Board/Board of Adjustment
Reorganization Proposal
July 21, 1988
Page 2
In addition to the above we have a very practical consideration
of "timing". The terms of five members of the P&Z are up this
September -- three of the five members are not eligible for
reappointment. .9 terms of BOA members are up in t1~lI9~.
This potential change in membership, plus new roles which must be
implemented within a year (at least for the P&Z) coupled with the
major work on the Comprehensive Plan being before the P&Z post
September (see attached schedule), presents an opportunity to
marry a change in charge together with a Change in composition of
these two boards.
It is based upon the above factors that I set forth a proposal
for the reorganization of the Planning and Zoning Board and the
Board of Adjustments.
A. Reconsitutinq of Board MemberShip:
Both the P&Z and BOA would be asked to resign so that
re-constituted Boards can be provided. The re-constituted
Boards who have a majority of members appointed for two year
terms and and the balance of members for an initial term of
one year which will not count toWard' a members normal
maximum allowance of four successive years on anyone board.
CUrrent members may be re-appointed without regard to prior
service.
B. Changes to Charter:
There would be no changes to the City
charges and requirements are sufficient
proposal.
C. Changes to Name:
There would be no change to the name of either Board.
Charter. Current
to implement this
D. Charges to Each Board:
(* denotes current function officially assigned)
Planning and Zoning:
Designation as the LPA; *
Annual review of the Comprehensive Plan;
Annual review of Capital Improvement
priorities and reCommendation to
Commission all as a part of
preparation or review process;
Program
the City
the budget
Hearing, review,
Amendments to the
thereof; *
and recommendation on
Comprehensive Plan or
proposed
Elements
l
.
1~"',,-
To: Frank Spence, Director of Development Services
Re: Planning and Zoning Board/Board of Adjustment
Reorganization Proposal
July 21, 1988
Page 3
Agency to make determinations of
compatiability, or consistency
Comprehensive Plan as necessary;
conformity,
wi th the
Hearing, review and recommendation
actions including amendments to the
zoning code;*
Review and recommendation' on the Master
Development Plan(s) or site and development plan
as required for PRD, PCC, POC, and other "planned"
zoning districts, * and the ability to grant
variances conmensurate with such Master Plan
approval;
on rezoning
text of the
Review and recommendation on neighborhood plans
and specific studies which relate to land use and
matters covered with the various elements of the
Comprehensive Plan;
Advisor to the City
use, economic
redevelopment, and
various elements of
Commission on topics of land
develbpment, community
matters covered within the
the Comprehensive Plan.
Board of Adjustment:
(P&Z) indicates that the item formerly rested with the
Planning and Zoning Board.
to grant
code when
criteria; *
variances to
based upon
provisions of
the traditional
the zoning
"hardship"
to review and recommendation action on site and
development plans when such plans are required in
other than the "planned" zoning districts (P&Z);
to act on modifications
plans regardless of
district (P&Z);
to site and development
the underlying zone
Hearing, review, and recommendation on conditional
use requests and modifications thereto (P&Z);
approval of preliminary subdivision plats (P&Z);
certification of final subdivision plats (P&Z);
to make determinations of "similarity of use"
(P&Z);
to name streets (P&Z);
l
.
FraDk 51 ;:e, D~ of Developmer. Services
Planning ~nd ZoniDg Board/Board of Adjustment
Reorganization Proposal
JUly 21, 1988
Page ..
to hear appeals by individuals who are aggrieved
by the interpetation and application, by City
Administrative Officials, of the zoning code;*
all other items currently empowered. *
E. Staff SUPPOrt:
The Planning and Zoning Board would have the Director of
Comprehensive Planning as an ex-officio member and that
individual, or dellignee, shall be responsible for technical
support to the Board. Logistic support and arrangements
shall be handled by the Comprehensive ~lanning Division.
Clerical support at meetings shall be provided by the
"minute pool" or the Division.
The Board of Adjustment would have the Director of CUrrent
Planning all an ex-officio member and that individual, or
deSignee, shall be responsible for technical support to the
Board. Logistic support and arrangements shall be handled
by the Current Planni-ng Division.' Clerical support at
meetings shall be provided the "minute pool" or the
Division.
F. Timinq of Implementation:
October 1, 1988, is the target date'" for implementation.
This date coincides with the following:
new appointments to the P&Z and BOA;
reorganization of
Group;
the Developmental
Services
beginning of
document by
(whatever its
review of the
the Planning
form) .
Comprhensive
and Zoning
Plan
Board
In order to achieve the above target date, it will be
necessary to have enacted ordinance changes with second
readings on September 27th; first reading and public hearing
on September 13th. In order to prepare the ordinances for
those dates, it is appropriate that a thirty day lead time
be given so that the combined efforts of the City Attorney,
City Clerk, and Director of Planning and Zoning can focus
upon the specific sections of the code which must be
altered. This will also allow City Commissioners time to
advertise and consider appointments to the reconstituted
Boards.
G. Action ReQUired:
In order to proceed pursuant to the above, this subject
should be discussed with the City Commission in workshop on
August 2nd and no later than August 16th. Failure to
receive formal direction to proceed by those dates will
render it impossible to implement the program as described
above.
I
.
CITY OF,DELRAY BEACH
BOARD MEMBER APPLICATION
Digby C Bridges
NAME
36 Sabal Island Drive Ocean Ridge, FL 33435
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
124 N.E. 5th:Bvenue Delray Beach, FL 33483
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
369-0857
HOME PHONE
278-.1388
BUSINESS PHONE
Planning & Zoning
ON WHAT BOARDS A~E YOU INTERESTED IN SERVING
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSr
SERVED (Please inolude dates)
Cnmmnni joy App..",,..,,,nt'!'" Rn",,..d, J\ppointed November 1984
pl",nning ~ 7.nn;nq' Appninted August~~~83. Resianed June, 1984
EDUCATIONAL QUALIFICATIONS
Architect. A A DiDl with Ho~
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
Member American Insti~~gf Architect, Royal Institute of British
hrchitect~ Certified General Contractor in the State of Florida
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
Diabv Bridqes. Marsh & Associates PRESIDENT
Delray Beach. FL
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE (
THIS BOARD. Worked in the London County Council Planning Department for 4
years, Practiced as archit~ct for 26 years. Sat on numerous boar.Js ~n
connection with Dlanninq & zoninq.
PLEASE ATTACH A BRIEF RESUME.
I, HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE Al
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS A
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I M
RECEIVE.
~
June 8, 1988
DATE
"'),0
I
.
CITY OF DELRAY BEACH
0~
.
BOARD MEMBER APPLICATION
-I-h- t. t: ~ C!oo 1t.efJ nJl /1:
NAUE
2.2zJ)
HOME STREET ADDRESS, CITY,
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
tf9ff-2t. b 7'
, HOME PHONE BUSINESS PHONE
WHAT BOARDS ARE YOU INTERESTED IN SERVING ON:
0, MNlrt~ /. :::Ort//'fc. bQq;'(.d
,
LIST ALL CITY BOARDS WHICH YOU ARE~U~NTLY O~ HAVE'PREVJO~Y /7
SERVED ON. (Please include dates)[p-?1Jj?~.5/11" j.,'MI?> L/s.<z /fY::> ' e Cor,,u,rn-e,
/t1{-1f -If {'r
JIVE YOUR WSENT, OR MOS~ RE..~~T EM~,I.O_YE,R, AND PO,~IO/N. ~
I!!- u/C, 'r /:ncI!!l'I? Y/J./'c(4} ~ ,1f!U' c/1/(' -/,1 {/.;",-, \",:;,/;':;/>//7.' .. w.TbL~
-. ~
/ifw Vr,A./( (o~~ ?'() I~) - ' ,
DESCRIBE EXPERIENCES, SKILLS, OR KNOWLEDGE WHICH QUALIFY YOU TO ~RVE
ON THIS BOARD.II4IJy v'M.I/':' 0.1 "'ljpMIPNCD ~ ~d/jO,;;;Sf/CWK-'/Y 4U '*IJt.:zh r f:'&>a/ 7.r/>J/r
/ I' v.J J ) /J
14.-1" i!Jl'Jfh)~ ,", I '/;"/. - !,.;/h 1-'1 ~ItI(.S / /I.7l...'7("'''I] ,n./,,,,, 14/ /,/2 "'''./'/IIU'
(Rt>; v141' jIj~~ 1tI//t 1l/,n.("Y4I'o..:r,.- k-') U. - 2"".. Jl,.' _______"
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
~
PLEASE ATTACH A BRIEF RESUME. 1v.1~ "~r:/W/;,~ r; A:P ,5ke"'--iN t. 1.1 ,u"tJ':, f' 4k/
V;,."'N, -10"0 lOdl1 ~ A.{/I:1 '!f? 4I4,CA, C'~P4tcjJ'0 Ai#!! /ss~,l/N> &4>~.... .kUfl/ltT 7'7>;ffp ~~
;e..~"t~t~r ~R;~ty ~T ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE
AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN
THIS APPLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT
I MAY RECEIVE.
,L b;,!< 4
SIG ATURE
l.r yet'
DATE
I
.
-'
,--
CITY COMHISSION
,..2 1,-' ((
/ '
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
Pl~n;ng ~nn ~nn;ng Rn~rn
LIST ALL CITY BOARDS ON WHICHY~U ARE CURRENTLY SERVING OR HAVE PREVIOUS
SERVED (Plea~e inolude dates) None
EDUCATIONAL QUALIFICATIONS Younqstown State University, Youngstown, Ohio
Cnl1p!qp! nT Rn~inA~~ Administrt=ltinn. 1968 _ C2!rdinal Moonev Hiah
c:....l-"..v,l. 'Q~C;
LIST ANY 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 & Associate
Inc. - Owner/ Pre~ident
,
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE C
THIS BOARD. 20 vrs. Construction experience in all phases from P1anninq,
Develooment. Man~aem~n~ t=lnd Constructinn of t=I vt=lriety nf Comm~rc;~l
~nn R~Q;nAn~;~' DrnjA~~a
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AI
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS At
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I Mt
RECEIVE.
.L4l'm aOti-
SIGNA URE
February 9. 1988
DATE
~
.
CITY OF DEL RAY BEACH
BOARD MEMBER APPLICATION
~'}.:~1 FCiL.fJe~
NAME
4110 -r~E:l!' Fe @.r-)
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
2100 ~61S1T ~l,L.c)w" c.~
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
D~.
D. B.
11-B. 3~
3a4-4-r
-Aqg 2.80,"
HOME PHONE
-4"" loe:JO
BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
Ej2..
LIST ALL CITY BOARDS ON WHICH lPU ARE CURRENrLY SERVING OR HAVE ~EVIOUSL
SERVED (Please inolude dates) ~Sll'JW.~ eo"lJ'TY c..r....e.. I~t Iq~1
EDUCATIONAL QUALIFICATIONS ~'-~ ~,~
.
~
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
e G~ AD 1,.).04-3. ____
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
P Iii ~ ~~6r. ZAJc..
DESCRIBE EXPERIENCES, ~.JILLSAOj j<NOJil,EDGE WHICH QUALIFY YOU TO SERVE (
THIS BOARD. ~ 1-"Zitfl-u.K ~~::T.'-;;
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGR EE Al
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AI
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I M,
RECEIVE.
t-/7-h
DATE
l
.
CITY OF DELRAY BEALH
AtLtl "it. D
JUN 1 0 1988
BOARD MEMBER APPLICATION
NAUE
])11) f'~
e., ~ "t1 if <<? I 'IV'
CITY MANAilER'S (".Iel:
!.-.'/1
HO STREET DDRESS, CITY, ZI
PRINCIPLE ~~~~:c{TREET ADDRESS, CITY, ZIP
3 ,~ Y-YS-
RESIDENCE)
49tf-9r5'/J6
HOME PHONE
BUSINESS PHONE
WHAT BOARDS ARE YOU INTERESTED IN
?laAl<,t~~1 "(~Ct'l-t~1 ~
LIST ALL CITY BOARDS WHICH YOU ARE
SERVED ON. (Please include dates)
SERVING ON:
CURRENTLY OR HAVE 'PREVIOUSLY
/'Tel /1~ '
GIVE YOUR PRESENT OR MOST RECENT EMPLOYER AND POSITION.
, ,
S r2_1 ~ - (Oo'rrP, -[)/7"1)/<1 E. F=elf/ sTe I;:' L&, - t?I?Pr/j-CfiC'
,tT+!":j'"'l(.!Cr' ('I'f'<jl'r,J-
DESCRIBE EXPERIENCES, SKILLS, OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE
ON THIS BOARD. ;;:;"'r+If"1l~ -_";-6' 7c>,qr-"
(,7 "'I/I(.Vr:tl-( - ,Q~CJr '''''''1;./ IV/1--'.( /T'7P{'(~
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
~NI"".... k~/!t-tlf~-r( f7-fJrA'~'("I0.'RPA-'J ,Ce.v1/;:I\~~ P~OfQv'7
/11 ftrJ, 'tp"I- C PtY'J '
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 APPLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT
I MAY RECEIVE.
(-~ ~Z
-IJr2-uj!d '- . I '
SIG ATU!E /
(p-K'-K'K"'
DATE
l
.
CITY OF DEL RAY BEACH
BOARD MEMBER APPLICATION
C rry c.,Ofl'lfl"lISS, 0 I~
C,,-rV e..,l-~r?K
HUGH B. GAGE
L 1054 Del Harbour Dr1ve Delray Beach. Flor1da JJ48J
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
Ret1red
NAME
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
272-7278
HOME PHONE
BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
Downtown Development Author1ty
Plann'n~ & Zon1n~ Or
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSL
SERVED (Please inolude dates) , !~one
EDUCATIONAL QUALIFICATIONS
See resume
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
None
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
DuPont CompanY---Market DeveloDment
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE OJ
THIS BOARD. See resdmA
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE ANI
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP.
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MA~
RECEIVE.
~~A_
\ IGNATURE
May ;2.1988
DATE
I
.
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
~JU< L. KRALL
NAME
5334 Buckhead Circl~, Boca Raton, Florida 33486
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
616 East Atlantic Avenue, Oelray Beach, Florida 33483
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
(407) 394-7923
HOME PHONE
(407) 276-7424
BUSINESS PHONE
ON WHAT BOARDS ARE YOB INTERESTED IN SERVING
Community Appearance Board. Board of Adiustments.
Planning and Zoning Board,
LIST ALL CITY BOARDS ON WHICH YOU ARE CUR~ENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please inolude dates) None at this time.
f
EDUCATIONAL QUALIFICATIONS University of Miami, Bachelor of Business Administration
(BBA); Nova University, Juris Doctorate (JD); University of Miami, Master of Laws in
Taxaction (LLM).
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
Licensed to practice law in the State of Florida
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
LISTICK & STEINER, P.A. - Attorney
DESCRIBE EXPERIENCES, SKILLS OR (NOWLEDGE WHICH QUALIFY YOU TO SERVE ON
THIS BOARD. Experience in interpreting statutes. ordinances. codes and DOlicv criteria.
and the application thereof. Familiarity with various procedures of the Citv of Delrav
Beach acquired by attendance at meetings of the City Commission and Planning and Zonina Board
PLEASE ATTACH A BIIEF 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.
~~~oo/
SI NATURE
~ \,}/'N) . \S J \~9~
DATE
1
.
C- I -ry l:.-0 IY}I1L I Ss I C I\J
Giry ~~t3~f'
. ~ -1.....-:
~ ,n',\"
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME
Jon R. Levinson
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
9113 Evergreen Drive, Delray Beach, FL 331183
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
1356 N. W. 2nd Avenue, Boca Raton, FL. 331132
272-03119
HOME PHONE
392-3322
BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Planninl! & Zoninl!.
however I would consider any Citv Board.
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLl
SERVED (Please include dates) None
EDUCATIONAL QUALIFICATIONS BS - Accounting, Jacksonville UniversitY-L-
J~<:..ksonville. FL
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
Florida Class A Air Conditioninl! contractor
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
President & Owner - Enl!ineered Air
President - REL Enterprises. Inc.
DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON
THIS BOARD. My accountinl! and business backl!round combined with my II years
in air conditioning contrasting and many years of hotel operation and develop-
ment Qualify me for many board--!1ositions.
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AN[
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAl
RECEIVE.
~~
.L__
\SIGNA
"
URE
________~~Y__UL__IJ~______
DATE
I
\
\
~
" ,
"
.
.
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME
CONNIE MAC KENZIE
38!9 Lowson Blvd., Delray Beach, FL 33445
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
FloE~da Atlantic University, 500 N.W. 20th St., ~~_~~ton, FL 33431
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
.-.-.------ --
(407) 498-3819
HOME PHONE
(407) 393-3137
------
BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Historic Preservation
Rn~~d-~-Eirsr ~hn~ Pl~nniDg & 7.oning BO~d-~Qe~QUd choice
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSL
SERVED (Please inolude dates) ~A
EDUCATIONAL QUALIFICATIONS B.S. Decree from FIQ~1d~atlant~
Uni'le.l:S ity. ~Q1W.t.ill~aj,Ql:_
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
N / A~__ ______,_____
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION ___
Direct.~~_Qttice of Soace Utilization & AnaIYsi~_[lori~~ Atlantic
Universitv. Boc~Raton
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE 0
THIS BOARD. Historic Preservation Board - Interested in keepinq _
buildinqs/areas which have historic value from beinq destroyed/replaced.
Planninc & Zoninc Board - Hav~ vested interest as homeowner in makinq De
Beach the best it can be. In current position, have worked on Master PI
PLEASE ATTACH A BRIEF RESUME. for FAU and am consultant for building progr,
committees.
I, HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE H
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AF
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MP
RECEIVE.
_--rn...rllL..lh...-1J 8 8 ___
DATE
I
.
CITY OF DEL RAY BEACH
BOARD MEMBER APPLICATION
-.J A IV ~ (,..}rI..v'-l€:-rZ.. rY\ \ ,'VIE~
NAUE
0~ N. OCEAN 6'_\./0,
HOME STREET ADDRESS, CITY, ZIP
'8'3
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
dj&-(C1i'7
HOME PHONE
BUSINESS PHONE
WHAT BOARDS ARE YOU INTERESTED IN SERVING ON:
7.A')Ni:VC..... A-vvn ~\ ANN'^" C\
LIST ALL CITY BOARDS WHICH YOU ARE CURRENTLY OR HAVE 'PREVIOUSLY
SERVED ON. '(Please include dates)
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION.
.R<:=: wE-1<..'s VI(,E-<:l -- -- l-<~SCf\tU \ \ A S'SO( \/\,\F E=-O 1'1(")\
DESCRIBE EXPERIENCES, SKILLS, OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE
ON THIS BOARD. L I f-( - L .' y....Jc.;., (-Ov,/(((2 rv Mx:)J"( L-AN()-USE ~ ltvf':Wu:
(-Aw ~ ll.1('J>uC, H C GLu: (, t- A'rvn <::~:1'l Pv>~ ()It(.=yVT AvvO (Ylt~C-(.?Jl-t1,
2.-U/'-' ({LV/\y-,(L ,,( ul.-)Q-0")",-, (-=:..' I ~ 'A'i
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
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 APPLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT
I MAY RECEIVE.
,6 (.:)~~,-(Vc~~
o SIGNATU
LJi'-<
li. /Cf ~'d'
D TE
I
.
CITY OF DELRAY BEACH
BOARD MEMBER APP~ATION
NAME
j EI:?t'IJ)/NJ /3 E !t/1/,4 K' /J l77/n ~t/L L
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
7~J P,/71JIl-A/;- /)c);f~v 6 ~4e.~ ~/l .5 3 (,/L/.j-
, /
PRINCIPLE BU~>>SS )lTRE.!!-ADDR~&" ~ITY ,AIP/j 11 d -11 ,r;-;7 /l
;},,~l:)j ".c, C:.hC<;/ ~!L,IL ~ct-l Qb/lC!4 r/LL
- ,
32CJ6 - ;)/)10 ,2'13-,.<5-00
HOME PHONE BUSINESS PHONE
ON WHAT BOARD~ARE' 10.JI INTERESTED IN SERVJNG ~/ lfN'Je!! ~ c.?h1~/J
'2 (JAIL/lli t2tf)~g. (L JlL-}/h /1,1.1 IFf IJ -.f5J __ __~~_/2
LIST ALL CITY BOARDS ON WHICH YOU A~~ ~URRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) /~I.?/~~
EDUCATIONAL QUALIFICATIONS
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
.J2IUJLE ~;;:1f7i ;:::1-~#7t~/tI
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
j/ /J J fY7 756?l&1
.e. /) () AJ r-V
,
6 CZ !/\ z?c371,e LJ
DESCRIBE EXPERIENCES,
THIS BOARD.
SKILLS OR KNOWLEDGE' WHICH QUALIFY YOU TO SERVE ON
/JLr liS ~_
~Fj)e'J
~r-7Tb//C.o
/.PES (/fitt:
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
-') udi/J!#fit;
SIGNATURE
_~__(L ~---d2~, I ti----
/- DATEr-
l
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EDUCATION
CIVIC
r,;HFI.OYlmrr
RITA NARON
2945 SW 22nd Avenue
Sabal Pines East, Unit 103
Delray Beach, FL 334,45
Florida Junior College, Jacksonville, Florida
University of North Florida, Jacksonville, Florida
University of South Florida, Tampa, Florida (Sen~or)
Major - Political Science
Merr~er (appo~nted by Mayor), Zoning Board, City cf Oldsmar
Member, Citizer.s' Advi~ory C=~m~t~ee on Comprehensive Planning
October 1, 1987 to May 1, 1988 - Part of 7-member advisory board to the City
Co~'cil regarding all zoning matters (i.e" rezoning, platting, site plan
approval, etc.) and the development maintenance of major elements of the
Comprehensive Land Use Plan; recommendations made ~o City Council after
evaluating tec~.nical reports of City staff (Planr.ing Director, Building
Officia1_ City Engineer, Utilities Director, and Public Services Director)
and testimony at public hearings (hald evenings} - Intensive experience in
analyz~ng/interpret~ng site plans, surveys; reviewing/analyzing/interpret~ng
land development codes, regulations and procedures, as well as City
Ordinances; also contributed to updating the city'S revised comprehensive
plan to bring it into compliance with the guidel~nes of the Tampa Bay
R~gior.al ~l~rM~i~g Soa:d a~~ the St3~e of Fl~rida.
CR.~!NSZF.G, '!'RAURIG, I.Sl':EW, H;?F~YW, tIPOFF I F:':'SEN &. I;]UENTEL, ~..~.,
f:. :'at:dc=c.sJ,9, !'l-:>ri:la
May 9, 1968 to Present.
DUTIES: Support of partner's real estate law practice in the areas of lanu
use, zoning, and envircnrner.tal regulation (zc~~ a~scciated litigation),
particularly in r~gards to ~ior~da Develcpre2~tz cf Kegional r~pact, and
lcbcying ra;a=ding sa~3.
CARLTON, F!~r..~S, ~\A.RD, El-t'!ANUEL, SN!'!'H & CUTLER, ?A" Taflpa, Flcrida
"t.,l v 1 q;::;; ...j.,,..I"'\,......l-- M.......:: 10QQ
---~, '~-'- -..---".. '--.1 - .........
DUTIES: S~~port of attorney participation in multi-state commercial
?urchase, s~le, and financing transactions for local, national, and
international financial instit~tions; also, enviro~uental law, land use
pla~~ing, zoning. b~siness re~ulation and 1icensing, purchase and sale
contracts, subd~vis1on assoc1ationc and FHA/VA documentation, alcoholic
beverage per~itting, easement agreements, title i~surance, corporations ar.d
partnerships, Flo=ida Developments of Regional Impact and growth management
issues.
J;COBS, ROBarr:s. GAYNOR, 3URTO~, HA.~PP, BURNS, BRONSTEIN & SH.i\STEEN, P..=-.. r
Tampa, Florida (firm dlz301ved)
Nove=~er, 1985 to June, 1986
DUTIES: Suppo=t of partner's real estate and condominium law practice,
including commercial f~nancing, land use, zoning, and environmental
regulation.
I
.
~esume of
Rita Naron
Page 2
ARKY, FREED, STEARNS, WATSON, GREER, WEAVER & HARRIS, P.A., Ta~pa,Florida
(firm restructured; now known as Stearns, Weaver, Miller, Weissler,
Alhadeff & Sitterson, P.A.)
November, 1983 to ::ovember, 1985
DUTIES: Support of attorney's real estate and =ondominium law practice,
including commercial financ~n;, lan~ use, zcning, a~d e~v~=c~~ental
'regulation.
NACHMAN & OBERDORFER, P.A., Jacksonville, Florida
~cve~ber! 19i7 :0 (c~~he=. ~982
DUTIE~: Support of partn~='3 practice in civi~ litigatlo~, real estate,
bankruptcy, ccrporate and family law; i~ add~tion, preparec documents for
=esidential real estate clos~n;3 ~ir.~~u~1ng F~A and V, do=~~e~ts)
~~THEWS, OSBORNE, EHRLICH, McNATT, GC5ELMAN & CGSB, ?A"
JacKsonville, Florida
1975 to 1977
~~TIES: Support of civil lit~g3tion (i~~u=a~ce dcf~n3e}i aided lobbyist and
maintained the status ~f p=oposed State ~ou3e ~nd Senate bills relating to
c11ent interests.
FLORIDA FIRST NATIONAL BAtiK OF JACKSO~vILLZ, J~ckscnville. Flcrida
i';73 tc ~';75
DUTIES: Assistsd in the p:~?a4ati~~ c: t=us~ und est~t~ cJc~m~n:~; SUp?~~t
of tr~st cfficer's nj;;.:..ni3t=atio.. of ':rust :::j ~.~'.l3.rd::'d~Z:t:..~ ~c=o~~:s.
:: E::!NA..~ :
.!tttorneys' Title Services, Inc. (liThe F\:Jldlt) - Clcsir.g ?r~.:ti~e3 and l'=cced.ures (Ba~i':,
:ntermeji.at~, an.:1 Advanced); held during 1984, ~;a5, af!.~ll956/Ta;np3 P.il.tC:1
L.aw S.~;nina=:;, Inc. - :"a',,; SCIi,inar for :"ac;al Secrst~l=:.es an:i '::':::l::alega.ls; h-al-j t:3.; 3:)/
i937/Tarnpa H~lton - (~ichael C. Addi~on, Esq. =f Ajdisc~. Ke:chey & H~ran! ?A., Ta~~~:
.:;t.r:.:....:t'..:.==/p=~;':e=.:cs ~= the co'..:.::t:!; H~l:l :!~r~. !'.1'0'.:.0, =:sq'. =f =~".'f~f;::i P:..1.t.e, .:: .::., :........t"',;..
legal. research/how to find the law, basic researCtl tools / c: taticn,;, SnepardlZi:1g;
~illiam B. deMeza, Jr., Esq. of Holland & Knight, Bradenton: litigation/di3covery
~ethods, preparation of witnesses, exhibits, motions, trials! appeals, a~d laws of
ev:dence; James H. Shimberg, Jr., Esq. of Holland & ~,ig~t, ~a~p~: real estat9/~a~ic re2~
e3~ate transactions, execution and record in; =equira~ents, s~~~Gard :or~,; a.1d practice,
and foreclosures)
TECHNICAL
Syntrax (legal software)
PERSONAL
Age: 32; married; one child
Hobbies: reading (current events), theatre, cor.certs. hiking, rur~ing
REFERENCES FUF~~rSHED UPON REQUEST
I
.
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
DAVID W. SCHMII1I'
NAME
2907 S. W. 21st Terrace, #26Al, I:elray Beach, FL 33445'
HOMB STRBET ADDRBSS"CITY, ZIP (LEGAL RESIDENCE)
100 N. E. Fifth Avenue, I:elrav Beach, FL 33483
PRINCIPLB BUSINESS STREET ADDRESS, CITY, ZIP
(40"') 243-3857
BOME PHONE
(407) 278-2601
BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Plaroting and ZOning
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR BAVE PREVIOUSLY
SERVED (Pleaae include dates) ,(boo Enforcenent (April, 1987 - present)
EDUCATIONAL QUALIFICATIONS B. A. in Political Science, Davidson (bUege, 1978;
,T n~. m;JC - C'h~N:l' Hi 11. 1982
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU BOLD.
GIVE YOUR PRE,SENT, OR MOST RECENT EMPLOYER, AND POSITION Sinon and Schmidt -
-P~r+~r
DESCRIBE EXPERIENCES, SULLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON
THIS BOARD. 1':'<1)",-;-; ,,,, ,,"<:V,i red from ,-",,,1 estate leoa1 practice. Resident of Delrav
~~~h ~in~p 1971.
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 HY PART OF' ANY' APPOINTMENT, I MAY
RECEIVE.
~~~ uJ, SJL . ~ Oc-
SIGNATURE
(~ /-u> jg(
I ( DATE
I
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C,ITY OF DELRA! BEACH
BOARD MEMBER APPLICATION
Larry M. Schneider, AlA
NAME
115 Woodland Road Palm Springs, Florida 33461
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
25 Seabreeze Avenue Delray Beach, Florida 33483
PRINCIPLE BOSINESS STREET ADDRESS, CITY, ZIP
(407)967-7591
HOME PHONE
(407)276-4951
BOSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
PLANNING AND ZONING BOARD
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOe
SERVED (Please include dates)
SEE ATTACHED RESUME ,
EDUCATIONAL QUALIFICATIONS
, 1973, Bachelor of Architecture, un1vers1ty or 'Lor10a
LIST ANY BELATEPtPRtOFESSltONALf CEllTIrF.ICATION.S AND LICENSES WHICH YOU HOLD
Reg1stered Arch1 ec , Sta e 0 FIor da; ~at10nal ~ounc1l,Arcfi1tecturaI
Registration Council. (See Attached Resume for Additional Organizations)
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
FIRM: Currie Schneider Associates AlA, PA
TITLE: Partner
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE ,WHICH QUALIFY YOU TO SERVE
THIS BOARD.
SEE ATTACHED H~SUM~
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.
June 14, 1988
DATE
,.
l
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CITY OF DEL RAY BEACH
BOARD MEMBER APPLICATION
~ .etJ~ arc/
NAME
s V,'O P
./ I
/...3
HOME
'.R/r~ q &::-< t..
RESIDENCEi'
-~ ~ </~
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
-:/f'~ ? ~f 6
HOME PHONE
BUSINESS PHONE
ON WHAT BOARDS A~E YOU INTERESTED IN SERVING
r7/..p 1411 J ~ -r -;7'.:> y, , ... <'I'
- .J
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY S
SERVED (Please inolude :ltes) C~"'~ ~
.JJ. B r/ou_~;;'J" AlA. onr-y / a"-.L:EBR (v'u~
EDUCATIONAL QUALIFICATIONS
73,4
-
~;,{,.k' (,I;'N (/,
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION ,
R<til"~J_-L:l'7..z - 5.A.~o!!l"Vf<;C)'" /0.wyOrkr;,rv TI"'7H.sfr/,?...-ri,,",r-,&_~,
..:? ~- t./ ~~ r ~ I '... ~~:r
J,
DESCRIBE EXPERJENCES, SKILLS OR
TH;r.S BOAJl,D. /"""1' Jj/ Y'~ f <I, '" r
I:"_~r (-;"~.$I _~ .r D<!1. ~"i""
rt-"-r ,/ / '..sor... ('.~ ,~.
"'91.t- e)"J,..-d..',Q).
PLEKSE ATTACH A BRIEF RESUME.
WHICH QUALIFY YOU TO SERVE 01
<' .
I, HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AN
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MA
RECEIVE.
)
~ ) '7 d:1;
DATE
'--
~
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BEAUTIFICATION TASK FORCE
P.O. BOX 1709
DELRAY BEACH, FLORIDA 33447-1709
MEMORANDUM
To: Delray Beach City Commission
Walter Barry, City Manager
From:
Beautification Task Force
Date:
August 17, 1988
Re:
BEAUTIFICATION FUNDING REQUEST THROUGH UTILITY TAX SURPLUS
The Beautification Task Force has identified five capital improvement
projects that need f~nding and could be financed through the $400 thousand
surplus from the the utility tax fund.
As background information, although the Task Force started out with $3
million from the capital improvements bond fund, $500 thousand was initially
transferred to the Atlantic Avenue improvements fund to add to the $1
million that the CRA had funded. During the site analysis of target areas
for the city wide street improvements, we found that two target areas,
Swinton Avenue and N.E. 2nd Avenue could not be landscaped due to right-of-
way restrictions, and were consequently removed from the list of target
areas. In the mean time, estimates for improvements to Atlantic Avenue
soared. In the fall of 1987, the BTF had an additional $150 thousand
transferred to the Atlantic Avenue fund to help offset costs, thinking that
we would have a surplus of funds with the deletion of two target areas.
We now find that due to more flexibility in design guidelines that the N.E.
2nd Street project could be accomplished if funds were available. The City
has come under much pressure to beautify this area as it is now considered
to be the Pineapple Grove District's prime corridor. We ~ requesting that
$40 thousand be reinstated to the Street Beautification and Roadway Median
Fund #333-4141-572-61.15 to beautify N.E. 2nd Avenue between Atlantic Avenue
and N.E. 4th Street.
Another major area of concern is signage.In our memorandum of August 4,
1988, we asked for your approval of the proposed sign design for the main
entranceways to replace the signs on north and south federal highway. The
Task Force did not have quite as grand a vision for the signs as the design
that was developed jointly through Digby Bridges & Marsh and Bright Image
Signs, and had only allocated $10 thousand for the two signs. A copy of the
signs was included in your packet lask week, and a colored rendering has
been posted on the wall of the Commission offices. We feel that the signs,
as designed, will enhance the City's identity, and will reflect the
1
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traditional image that is desired. It is estimated that the two signs will
cost $30 thousand to construct. We are requesting your approval for the
sign design and ~ additional $20 thousand to construct the main entry
signs.
Aside from the two main entry signs, the BTF feels strongly that' a
coordinated city wide sign package be developed. Our proposal is to take
from the themes of the larger signs and include Some of these elements for
the smaller secondary signs that would identify our entrances into Delray
Beach from 1-95, Congress Avenue and Military Trail. An additional $10
thousand is requested for funding the secondary signs.
The BTF would like to request that the remainder of the funds be earmarked
for beautification of Atlantic Avenue east of the Intracoastal Waterway and
Military Trail.
Thinking strictly in terms of landscape potential, Atlantic Avenue east of
the I.C.W.W. was limited to planting within an 18 inch utility easement, and
thus was never included as a target area. Landscaping is still very limited,
but certain improvements could be made to the hardscape that would carry the
theme of the downtown redevelopment across the bridge. Reconstructing the
sidewalks with paverblocks and matching street furniture could greatly
enhance the area.
Military Trail was originally excluded from the priority listing because
only 25% of the surrounding properties were in the city, and therefore, only
a small number were contributing to the utility tax. With the enclave act
and future annexations, this condition will change, and in time the
beautification will need to be addressed.
We are asking for your consideration of these items at the Commission
meeting on August 23. 1988.
Very truly yours,
- -fJ/~ )J1(.-t::1'~'-
h John Mc Kenna
UBeautification Task Force
Chairman
cc: Nancy Davila
Committee Members
2
I
..
Robert Barcinski. Acting City Manager
-ro.t"'-'q _ 9-j!t!.p
',p~.Y c!.rL4,(Z' -rr--
[ITY DF fLd:::_~::(J
DELIAY BEA[H
~~(j
-;0: iVAL-TEA7 CJ"
-pepARTMENTAL o/,1"f
CORRESPONDENCE ~
1M
Jan Williams. Project Cost Accountant
:~David M. Huddleston, Director of Finance
\
JEeT Beautification Trust Fund
DATE September 2, 1988
Attached is a cash flow analysis of the Beautification Trust Fund
based on a revenue growth rate of 6% and an inflation rate for
scheduled maintenance at 5%.
There is adequate funding available to Cover those items referenced
on the attached agenda request plus maintenance through the next
five years. It should be noted however that after five years there
may not be sufficie~t funds to completely cover maintenance. '
~ee
&~'^(( ,'+0
4\~U6 D.
RECEIVED
SEPO 988
CClMMUNITY/~_
_TION D1V18ION
Tur: ~~r-.-....,_ ^, .." ",. ""
I
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o
ESTIMATED CASN FLOW ANALYSIS
8EAUIIFICAIION IRUST FUND
1988
1989
1990
ml
1992
1993
================a======================..=============z=====:==========~=:=====.
8."nnln9 Fund 811In,.
1380,199.001484,307.99 1396,218.91 1281,679.14 1186,910.27 191,963.38
RfYfnu.s:
UlIlity I.. Trlns/.,s 1415,464.001440,391.84 1466,815.35 1494,824.27 1524,513.13 1555,994.55
Inlrrrst R.y.nu. 131,693.70 $35,733.95 119,920./3 U2,227.71 16,409.92 U,423.90
------------------------------------------------------.-------------------------
1927,946.701960,433.78 1881,854.45 1794,731./9 1717,832.82 $655,371.73
Erp.nditur.s:
~bt S.,y". 1343,638.11 1344,214.81 1344,175.31 1345,320.92 1344,244.44 1344,201.64
Sch.dul.d "1Int.nlnc. 10.00 1150,000.00 1250,000.00 1262,500.00 1215,625. Qt) 1289,406.25
Additionll It..s 110,000.00
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
1343,639.71 1564,214.91 1594,175.31 1601,820.92 fb19,869.44 1633,607.89
Esti.lt.d 8111nc.
,
1484,307.99 f39b,218.97 1287,679.14 1186,910.21
197,963.38 121,763.84
==::::::::::::::::::::::::===:::==::::=::::::::=::::::==::::::::::::::::::::::::
Assu.ptions
UtIlity Ilr Growth R.t. 61
Inter.st Elrnin9s R.t. Stud. It 11
In/lltion Rlt. 51 Annullly
l
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C I T Y
COM MIS S ION
DOC U MEN TAT ION
TO: WALTER O. BARRY, CITY MANAGER
FROM:
OCu-l'~ J~0QC~_
DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 27, 1988
AGENDA ITEM
CONSIDERATION OF PLANNING AND ZONING BOARD
RECOMMENDATION TO DENY A CONDITIONAL USE REQUEST FOR A
CAR WASH AT ATLANTIC AND S.W. 9TH AVENUE.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of
DENIAL of a conditional use request to allow an
automatic car wash to be established at the southwest
corner of Atlantic Avenue and S.W. 9th Avenue.
BACKGROUND:
This item was before the City Commission on August 23, 1988, at
which time it was continued at the request of an agent so that he
could "discuss it with the Board".
The Community Redevelopment Agency had recommended denial of the
request. The Planning and Zoning Board had recommended denial of
the request.
Detailed background was provided with documentation for the
meeting of August 23rd.
RECOMMENDED ACTION:
By motion, acceptance of the findings and recommendation of the
Planning and Zoning Board, and DENY the requested conditional use
and attendant site plan.
c: Beril Gentry
Designated Project Agent
J-J-
C I T Y
COM MIS S ION
DOC U MEN TAT ION
FROM:
a, ER Q. BARRY' CITY MANAGER
" c~J~uCc~
ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
TO:
SUBJECT: MEETING OF SEPTEMBER 27, 1988
AGENDA ITEM
CONSIDERATION OF PLANNING AND ZONING BOARD ,"-S;:L
RECOMMENDATION TO APPROVE A CONDITIONAL USE AND SITE
PLAN FOR AN EXXON STATION AT S.W. 4TH AND LINTON
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of approval
of a conditional use request and attendant site plan for
development of an Exxon gasoline station, automatic car
wash, and convenience facility at the S.E. corner of S.W.
4th Avenue and Linton Boulevard.
BACKGROUND:
The site under consideration was annexed to the City in May,
1987. At that time it was declared that the intended use was for
an Exxon gasoline station, convenience facility, and an automatic
car wash along with fast-food restaurant(s) on adjacent land.
Following annexation, a formal site plan submission was made and
appeared before the planning and Zoning Board on September 19th.
The attached staff report provides a complete description and
analysis of the project. Approval of the elevations has been
granted by the C.A.B. along with preliminary approval of the
landscaping.
planninq and Zoninq Board Recommendation: There was only one
item of concern regarding this project and that focussed upon
access from the site to S.W. 4th Avenue. The owner and the agent
presented an acceptable solution to that problem at the Board's
meeting. Based upon that proposed modification, the Board
recommended approval of the conditional use and site plan subject
to the following conditions:
1. That the proposed modification which provides a m~n~mum
of 100 feet of clear stacking distance along the south
accessway be made and processed under the procedures
for a "non-impacting site plan modification".
')-3
I
.
To: Walter G Barry, City Manager
Re: Consideration of Planning and zoning Board
Recommendation to Approve a Conditional Use
And Site Plan for an Exxon Station at S.W. 4th and Linton
Page 2
2. That screening gates be provided for the dumpsters.
3. That a final plat for the entire holdings must be
approved, with financial guarantees in place, prior to
issuance of any building permit.
Related Action: In addition to this site plan and a site plan
for establishment of a Kentucky Fried Chicken on adjoining land,
the preliminary plat for the entire (5.7 acre) holdings was
before the Pl~ning and Zoning Board. Action on the plat
included requiring improvements to S.W. 4th Avenue which will
accommodate traffic congestion created by this project and the
balance of the property.
RECOMMENDED ACTION:
By motion, acceptance of the findings and recommendation of the
Planning and Zoning Board and approve the conditional use request
and attendant site plan for the proposed Exxon facility at S.W.
4th Avenue and Linton Boulevard subject to the conditions as
recommended by the Board.
Attachment:
Planning and Zoning Staff Report of September 19th.
REF/DJK#30/CCEXXON.TXT
~
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PLANNING 8 ZONING
C I TV OF OELRAY
BrnRO
BEACH
STAFF REPORT
MEETING DUE:
September 19, 1988
AGeo:I ITEM:
III. C.
ITEM:
Conside~ation of a Conditional Use and Attendant Site Plan fo~ the
Proposed Exxon Station Located at Linton Boulevard and S.W. lUth Avenue
.
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S
GENERAL DATA:
OIDer...........................DaD IkIE'Da 01A .ollIe. Inc.
AgeAt...........................It1...an J. Kilday
It1lday .. ~......laU8
Loc&t1oa........................SOUtbera 00l"Del" of LlnbOft
Boulevard aDd s.w. 4~ Avenue,
be_ S.W. 4th A_ &DC!
F.B.C. R&J.~
."
Prcpel"ty Sl.....................0..52 Acl"ea (37,113.12 sq. ft.)
Clty Land u.. P1an..............co..ercla1
Clty ZOniD9.....................GC (Gen...al ec.o.rclal)
Mjacent ZOn1n9.................No..th of .ubject _..ty 1.
.oned COUnty IL (L19ht
Induat..lal). South 1a .oned LI.
Ban ia .oned SC (Spec1albecl
Commerc1al) and w..t 1. .oned SAD
(Specla11.ed Act1v1t1..
D1ndctl.
Exiatin9 Land Ua................ Vacant Land
Proposed Land Uae...............A 1,128 sq. ft. service station
and .. 586 sq. ft. automatic car
wash.
Water serv1ce...................Exl.tln9 8" water main on east
side of s.w. 4th Avenue
Sewer 5ervlce...................ln.t.ll.tlon of 11ft station and
force main to be extended to
Laver I. development to the west
and ....t be Jack and Bored
under S.W. 4th Avenue
ITEM: III. C.
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C I T Y
COM MIS S ION
DOC U MEN TAT ION
TO:
WALTER O. BARRY, CITY MANAGER
~DOr.~~J~~ci&
DEPARTMENT OF PLANNING AND ZONING
FROM:
SUBJECT: MEETING OF SEPTEMBER 27, 1988
AGENDA ITEM
CONSIDERATION OF PLANNING AND ZONING BOARD
RECOMMENDATION TO APPROVE A SITE PLAN FOR A
KENTUCKY FRIED CHICKEN ESTABLISHMENT AT S.W. 4TH AND
LINTON
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of
approval of a site plan for development of a fast-food
restaurant (Kentucky Fried Chicken) at the Southeast
quadrant of Southwest 4th Avenue and Linton Boulevard.
BACKGROUND:
The site under consideration was annexed to the City in May,
1987. At that time it was declared that the intended use was for
a fast-food restaurant. Following annexation, a formal site plan
submission was made and went before the Planning and Zoning Board
on September 19th. The attached staff report provides a complete
description and analysis of the project. Approval of the
elevations has been granted by the CAB along with approval of the
landscaping.
Planning and Zoning Board Recommendation: There were no
concern regarding this project. The Board recommended
with only two conditions of approval. These were:
items of
approval
1. provision of one additional interior tree.
2. That a final plat be approved for the entire holdings
and financial guarantees in place prior to issuance of
a building permit.
)..'t
I
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To: Walter O. Barry, City Manager
Re: Consideration of P & Z Board Recommendation to Approve
Site Plan for Kentucky Fried Chicken (SW 4th & Linton)
Page 2
Related Action: In addition to this site plan and a site plan
for establishment of the Exxon facility on adjoining land, the
preliminary plat for the entire (5.7 acre) holdings was before
the Planning and Zoning Board. Action on the plat included
requ1r1ng improvements to Southwest 4th Avenue which will
accommodate traffic congestion created by this project and the
balance of the property.
RECOMMENDED ACTION:
By motion, acceptance of the findings and recommendation of the
Planning and Zoning Board, and approve the site plan for the
proposed KentUCky Fried Chicken facility at S.W. 4th Aven~e and
Linton Boulevard subject to the conditions as recommended by the
Board.
Attachment:
Planning and Zoning Staff Report of September 19th.
I
.
PLANNING 0 ZONING
CITy OF OELRAY
BOARD
BEACH
MEET I NG DATE: 'September 19, 1988
STAFF REPORT
AGaoA ITEM:
IV. 1.
ITEM:
Consideration of the Site and Development Plan for the Proposed
Kentuck Fried Chicken to be Located at Linton Boulevard and S.W. 10th Avenue
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OWner...........................Daa Burn. Old8mobil., Inc.
Agent...........................Ki.raa J. Kilday
Kilday , Aa8Oci.te.
Loc.tion........................SOUtbeCD corner of Linton
1Ioul"".rd An4 S.W. 4tb Avenu.,
be~n S.W. 4tb Av.nu. .nd
F.B.c. RaUrCMd
Property Si~.................... 0.675 Acre. (29,403 sq. ft.)!
City Land U.. Pl.n..............Commerci.l
City zoning.....................GC (Gener.l Commerci.l)
DATA:
Ac:Ij.c.nt
Zoning.................NOrth of subject property i.
zoned County IL (Ligbt
IndU.tri.l). SOUtb i. zoned LI.
Ea.t i. zoned SC (Speci.lized
Commercial) "nd West is zoned SAD
(Speci.lized Activitie.
District) .
Exi.ting L..nd Use...............v..c..nt Land
Proposed Land Use...............A 2,608 sq. ft. f..st-food
restaurant.
w..ter service.................. . Existing 8" ",..tel' m..in on east
side of S.W. 4th Avenue
Sewer service...................Inst..ll.tion of lift st.tion and
force main to be eletended to
[,aver t S develoPment to the West
.nd must be J..ck .nd Bored
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C I T Y
COM MIS S ION
DOC U MEN TAT ION
FROM:
c:JER O. BARRY, CITY MANAGER
I r--. ,,^~j \)Cjd ,
D~avACS~RECTcr.R
DEPARTMENT OF PLANNING AND ZONING
TO:
SUBJECT: MEETING OF SEPTEMBER 27, 1988
AGENDA ITEM
CONSIDERATION OF PLANNING AND ZONING BOARD
RECOMMENDATION TO DENY THE TIETZMAN CHILD CARE CENTER
CONDITIONAL USE REQUEST (CU-6-258)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of
DENIAL of a conditional use request to establish a day
care center on property located on Old Germantown Road.
BACKGROUND:
The site under consideration was annexed to the City in March,
1988 with zoning of R-1AAA. Although there was discussion of
interest (by the owner) in providing a day care center at the
site, there was no proposal at that time.
A conditional use request for a day care center was later
submitted. It proposes a facility which would accommodate
approximately 156 children. The site plan submission, (which
normally accompanies a conditional use request) was not adequate
for final action and a formal traffic study was not initially
provided. However, in order resolve the issue of appropriateness
of use, the public hearing on the conditional use aspect of the
item was set before the Board.
Planninq and Zoninq Board Recommendation: Following public
comment, some of which was in opposition to the use, the Board
unaminously recommended that the request be denied based upon the
proposed intensity of use and the incompatability of the
proposed development (as reflected in the submitted site plan)
with the general area. Additional comments pertained to the
character of Old Germantown Road and the fact that the Road would
require widening and turn lanes at this location (for the use)
and thus further alter the character of the area.
)..5
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To: Walter C 3arry, City Manager
Re: continuation of Planning and Zoning ~vard
Recommendation to Deny the Teitzman Child Care Center
Conditional Use Request (CU-6-258)
Page 2
Alternative Actions: The following courses of action are
available to the Commission:
1. Acceptance of the Board's findings and recommendation
and denial of the request.
2. Approval of the conditional use request and direction
to the Planning and Zoning Board to consider the site
plan and then forward it to the Commission with an
appropriate recommendation. Such an action should be
preceeded by a statement of findings pursuant to the
ten standards discussed in the Board's staff report.
3. Deferral of action at this time and give the item
further consideration when a revised site plan is
prepared. This action is appropriate only if the
Commission intends to later approve the conditional
use request i.e. site plan action is less descretionary
than is conditional use action and problems with a site
plan can usually be mitigated. Ways in which the "use"
aspects can be mitigated is through reduction in
allowable intensity such as by limiting the number of
children to a signficant1y reduced number.
4. Continue to a time certain, with or without referral to
a work session, to allow for Commission members to
ascertain more information reguarding this item.
RECOMMENDED ACTION:
By motion, acceptance of the findings and recommendation of the
Planning and Zoning Board and deny conditional use request 6-258,
the Tietzman Child Care request.
Attachment:
Planning and Zoning Staff Report of September 19th.
REF/DJK#30/CCTIETZ.TXT
I
.
PLANN I NG <'3
CITY OF DELRAY
ZONING BOARD
BEACH
STAFF REPORT
MEETING oqTE= September 19. 1988
AGEN:J=I ITEM: III. B.
ITEM :
Consideration of a Conditional Use for the Tietzman Child Care
Located off Germantown Road
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GENERAL DATA:
OWner...........................Sol and Hannah Teitmaan
Agent...........................Sol and Hannah Teitzaan
Loe.tion........................South side of Ge~town Road,
north side of L-37 Canal and west
of Andover Subdivision
Property Size...................4.08 Acres (177.724.8 Sq. ft.)
City Lan4 Use Plan..............SF (Single FANily)
City Zoninq.....................R_1AAA (Single FANi1y
Residential)
Adjacent Zoning.................North of Subject property is
zoned PRO-10 (Planned Residential
Development); south and east is
zoned R-1AA (Single Family) and
west is County RT (Residential
Transitional District - Scheduled
to be annexed as R-1AAA later
this year).
Existing Land Use...............Single Family residential and
rental units
Proposed Land Use...............Child Care Center
Water Service...................Available on the north side of
Germantown Road
Sewer Servlce...................To be obtained from either
. Andover or Verona Woods
Subdivision
ITEM: IILB.
I
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.
16325 Greenbrier Drive
Delray Beach, FL 33445
15 September 1988
City of Delray Beach
Planning & Zoning Dept.
100 N.W. 1st Avenue
Delray Beach, FL 33444
Re: Public Notice * 6-258
Gentlemen:
..
We wish to go on record as opposing the conditional use propose~f
for a day care center. II
We feel that this use would decrease the value of our property,
and create more traffic in the area.
We would consider a day care center a nuisance, and detracting from
the area in general.
1n=:;15h~
Lot # II Woodvue' ~-
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RECEIVED
SEP 1 r:; ;988
PLANNING
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C I T Y
COM MIS S ION
DOC U MEN TAT ION
TO:
BARRY, CITY MANAGER
DAVID J. KO~C~~~
DEPARTMENT OF PLANNING AND ZONING
,,'
FROM:
SUBJECT: MEETING OF SEPTEMBER 27, 198.8
AGENDA ITEM
CONSIDERATION OF A RECOMMENDATION FROM THE PLANNING AND
ZONING BOARD TO CONDITIONALLY APPROVE A SITE PLAN FOR
"ON-SITE CONCRETE". . .
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of
conditional approval of a site and development plan.
BACKGROUND:
I
,
There is a complex development history of this area. Please see
the attached P & Z Board staff report of September 19thl' for
details. The position taken by the staff and Board" and
apparently accepted by the applicant, i~ that proceeding with the
"On-Si te Concrete" proposal (which is on 1.4 acres) requires
upgrading of the original 2.3 acre site, a portion of Which
currently is built upon.
During the course of discussion at the Planning and Zoning B.oard
meeting, the following additional information was provided:
the silo will contain a dry mix, it will not exceed 25'
in height and will be approximately 6' in diameter;
!
the sand and gravel areas will have a six foot' rear
wall and the stored materials will not exceed that
height;
dry mix, gravel, sand, and water will be added together
in a truck and will be mixed en route to the
construction site;
there will be four cement trucks in the operation.
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To: Walt, O. Barry, City Manager
Re: Consideration of Recommendation from the Planning and
Zoning Board to Caontinually Approve a Site Plan for
"On-Site Concrete"
Page 2
Planning and Zoning Board Recommendation: The Board considered
this item on September 19th. Based upon the above understandings
and compliance with requirements to upgrade the entire holdings,
and with compliance with buffer landscaping requirements, the
Board found the use appropriate and recommended approval of the
site plan subject to the following conditions:
1. Extension of the eight inch water main to the southern
property line and installation of fire hydrants at a
maximum spacing of 300' of road travel along that water
main.
, ,
2. Approval of a final plat to be accomplished prior to
issuance of a building permit. In addition to normal
requirements the plat submittal is to include
construction plans for the water system and access
improvements (from Depot Road). (Said plat is to
include the total 2.3 acres and provide for new
boundaries for the two parcels).
3. Provision of a traffic statement (with the plat
submittal) and compliance with recommendations
contained within it or imposed after its re~iew.
Recommendations will include that "On-Site Concrete:" be
responsible for any damage or deterioration of D'epot
Road which can be assigned to use by the concrete
trucks.
4. Upgrading of "Tract A" to Code through implement~tion
of those improvements outlined under Standards #5:, and
#3 of the Planning and Zoning Board's staff report.
Site plans for this upgrading are to be provided w~th the
preliminary plat submission. i
5. Tha t the scope of the operation be limited to 'four
concrete trucks, 25' height limitation on the silo,' and
the sand and gravel storage piles are not to exceeq the
height of their screening wall. !
RECOMMENDED ACTION:
By motion, approval of the site and development plan for
Concrete" subject to the conditions are recommended
Planning and Zoning Board.
Attachment:
P&Z Board staff report of September 19, 1988
"On-'Site
by! the
REF/DJK#30/CCONSITE.TXT ' '
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PLANNING 8-
CITY OF OELRAY
ZONING BOARD
BEACH
STAFF REPORT
MEETING DATE:
September 19. 1988
AGENDA ITEM:
IV. 4
ITEM :
Consideration of a Site and Development Plan for On-Site Concrete
Located off Depot Road
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GENERAL DATA:
owner...........................Larry Watts
On-Site Concrete, Ioc.
Agent...........................Jeff Anderson
Advanced Contracting Systems
Location........................on the South side of Depot Road
and on the east side of the Mack
Industries property, between 1-95
and the F.E.C Railroad.
Property Si:e...................l.42 Acres (61,648.40 Sq. ft.)
City Land Use Plan..............Industrial
City Zoning.....................MI (Medium Industrial)
Adjacent Zoning.................North, East and West of subject
property is zoned MI. South i~
I-95 Right-of-way.
Existing Land Use...............Vacant Land
Proposed Land Use...............Con~rete Plant Facility
Water Service...................Existinq 6" water main on the
south side of Depot Road.
. .
Sewer Service...................Septic System
ITEM: IV.
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C I T Y
COM MIS S ION
DOC U MEN TAT ION
FROM:
GR O. BARRY, CITY MANAGER
DAVID ~~S~~~at
DEPARTMENT OF PLANNING AND ZONING
TO:
SUBJECT:
MEETING OF SEPTEMBER 27, 1988
AGENDA ITEM
RESPONSE FROM THE PLANNING AND ZONING BOARD REGARDING
REFERRAL --- PAVING OF FRONT YARDS FOR PARKING PURPOSES
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of
receipt and disposition of an item previously referred
from the Commission to the Planning and Zoning Board.
BACKGROUND:
At a previous meeting of the Co~~ission, the Mayor raised
concerns about situations wherein the area between a street and a
house is paved in order to provide for the parking of vehicles.
While there were some reservations raised about pursuing the
matter, there was a consensus of the Commission to refer the
matter to the Planning and Zoning Board for comment.
Two memorandum (both attached) were generated
description of the problem and possible solutions.
regarding
Planning and Zoninq Board Recommendation: Upon review of this
matter at a work session and two regular meetings, the Board has
recommended that no action be taken on the matter at this time.
It was the consensus of the Board that any action which is
pursued will created nonconforming situations throughout the City
and that a solution may cause more problems than the existing
sit,uation.
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To: Walter o. Barry, City Manager
Re: Response from P & Z Board Regarding Referral - Paving of
Front Yards for parking Purposes
Page 2
RECOMMENDED ACTION:
since this is a Commission/Board matter and the item was
initiated by the Commission, there is no recommendation from the
Planning Director.
Attachment:
Memos (2) from the Director of Planning
~
.
MEMORANDUM
STAFF
R E paR T
TO: PLANNING AND ZONING BOARD
~. OF DELRAY BEACH
SUBJECT: AGENDA ITEM v.A
MEETING OF AUGUST 15, 1988
REFERRAL FROM THE CITY COMMISSION REGARDING PAVING OF
FRONT YARD AREAS FOR PARKING PURPOSES
ITEM BEFORE THE BOARD:
The Board is requested to advise the City Commission as to
how to proceed or address the situation where front yards
are paved to provide parking spaces for inhabitants of
structures located thereon.
,
The subject was broached by Mayor Campbell at tt'
Commission's meeting of August 9th.
DISCUSSION:
Attached is a memorandum provided to the Mayor which reflects
my initial thoughts on the request. The problem with coming up
with a quick-fix to the problem is that such a solution may
create more problems than it solves. However, on second thought,
if the focus is confined to single family lots and duplexes a
rather easy solution may be at hand.
The solution would be to require that in the single family zoning
districts that all required parking be provided on the site in an
area other than in the required front yard setback.
This solution would not affect mUltiple family, commercial, and
industrial development which is allowed to locate parking lots in
setback areas. There is no problem with these districts (uses)
since backing into the street system from them is not permitted
and a landscape perimeter is required around the parking lots.
Further, it would not affect much of the single family
development since required parking is normally provided in
garages or under carports which are structures that observe
setback requirements.
The proposed solution does not prohibit parking in the setback
area, nor does it prohibit paving a significant portion of a
front yard; but, it does address an immediate problem. Further,
it does help enforcement when a garage is illegally converted to
a living area since the conversion could be accommodated only if
the required parking wre provided on-site in an area other than
in the required front yard.
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To: Planning and Zoning Board
Re: Referral from the City C~mmission Regarding
Paving of Front Yards for Parking Purposes
Page 2'
SUGGESTED ~GGESTION:
To advance the proposed solution as an interim measure and take
the matter under advisement for a broader range approach at such
time as the entire code is overhauled.
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REF/DJK25.FRONT.TXT
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MEMORANDUM
::.TO: ~.
, -::r J 1::ELL, III
DAVID J. KOVACS, DI~
DEPARTMENT OF PLANNING AND ZONING
FROM:
SUBJECT: EXCESSIVE FRONT YARD PAVING
DATE: AUGUST 9, 1988
In response to your inquiry of last Friday, the City Engineer and
I toured the s.w. 4th Avenue area and witnessed, as you did, the
following:
a)
situations where additional concrete has been added t,.I
a driveway (probably without a permit) to add to it
width and to provide for more parking surface in wha
would otherwise be a front yard -- in many of thes
situations, the resulting width is greater than 24 feet
which is the standard.
b) situations where a whole frontage is in concrete along
duplex and multiple-family units and all the parking
backs directly onto the street.
c) situations where new construction on fifty foot lots
(substandard lots of record) includes a twenty four
foot driveway which consumes almost 50% of the required
front yard..... in addition, in these situations there
is no garage or carport; thus, creating an adverse
streetscape.
Solutions or measures to prohibit the latter situation (c)
include:
1. requiring a minimum " of the front yard to be
landscaped, or in the alternative - not paved.
2. requiring a carport or garage for each dwelling unit.
Both of these measures have consequences which include:
..
they normally would not be retroactive; thus, they
would affect a relatively few remaining lots --- if it
was desired that they be retroactive, then they would
eliminate parking which is provided for 99% of, the
duplex and mUltiple family units in the area surveyed.
~
.
To: Mayor Doak S. Campbell, III
Re: Excessive Front Yard Paving
August 9, 1988
Page 2
* liDiting paved area would reduce on-site Parking areas
~leacl to either cars parking on "landscape" areas or
parking along the street in the swale areas ___ these
are situations which the City has tried to eliminate in
the past (albeit unsuccessfully).
* provision of carports and/or garages 1) would be
cliscriminatory if appliecl only to single family homes
and not multiple family projects; and 2) would increase
the cost of housing.
* we coulcl proceecl to have those who have illegally added
pavement (1.e. without a permit)t.either obtain a permit
or tear-out their concrete work; however, the benefit
of so cloing may be greatly outweighecl by negative
impacts (loss of parking areas, ill-will, and adverse
publici ty) .
* any , requirements which apply to the 'situations notfcl
above should also apply to the zero-lot developm~~
which occurs in the City -- an example is the proposed
Sherwoocl Forest development which proposes paving for a
two car garage driveway on a fifty foot lot.
Given the POtential consequences of moving on this item with a
revision to the zoning code, it appears more prudent to work with
our current regulations. If it is desired that a code amendment
be formally prepared ancl heard, it would be appropriate for such
an amendment to be formally initiated by the City Commission.
c:
Walter o. Barry, City Manager
Frank R. Spence, Director of Development Services
Lula Butler, Director of Community Improvement Services
Gerry Church, City Engineer
l
.
~
lii< -J) .:-;s
[ITY DF DELAAY BEA[H
100 N.W, 15t AVENUE
DELRAY BEACH, FLORIDA 33444
305/243.7000
MEMORANDUM
TO: Walter O. Barry, City Manager
FROM: Robert A. Barcinski, Assistant City Manager/~
Management Services Group
DATE: September 22, 1988
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
SEPTEMBER 27, 1988 - CITY OF DELRAY BEACH
AFTER SCHOOL CHILD CARE PROGRAM - COORDINATOR
CONTRACT
It~m Before Commission:
City Commission is requested to approve contract format and
authorize a Recreation Supervisor I position for the After
School Child Care Program; part of the Children Services
Grant approved by Commission on July 26, 1988.
Backc;round:
On July 26, 1988, City Commission approved a grant with the
Children Services Council in the amount of $112,362 for
expanded after school programs at the Community Center,
Carver School and Pompey Park. This is a program for
children ages 6-15 which provides structured and supervised
recreation activities, adult supervision for latch-key
children and provides environment for long term development
of social and interpersonal skills.
A contract is recommended for the position of Coordinator
(Recreation Supervisor I), with revenue from the grant.
This is a position of limited duration.
A copy of the proposed contract format is attached. The
contract period is October 3, 1988 to August 28, 1989.
Services to be rendered are:
1. General operation and management of the program.
2. Curriculum and Management Plan Development.
3. Ensure adequate supervision is provided.
THE EFFORT ALWAYS MATTERS
')...1>
l
.
Documentation - City Commission Meeting September 27, 1988
Subject: Coordinator - Contract Child Care Program
September 22, 1988
Page 2
Funding for this contract will be provided from the grant.
Contract has been reviewed and approved by the city Attor-
ney.
Recommendation:
Recommend City Commission approve the contract format for
the After School Child Care Program Coordinator and author-
ize the position, (Recreation Supervisor I), in the amount
of $14,934 with funding to come from the Child Services
Council Grant.
RAB:sk
attachment
I
.
--
CI'l'Y OF DEI,RAY BEACH AFTER-SCHOOL CHII.pCARE PROGRAM
COORDINATOR CONTRACT
This Contract entered into this
day of
, 198_ by and between the CITY OF DELRAY
BEACH, hereinafter referred to as "the Cit.y" and
, hereinafter referred to as "Coordinator".
WHEREAS, the City of Delray Beach has provided for a
after-school recreational childcare program for the use and
benefit of the citizens of Delray Beach under t.he administra-
tion of the Delray Beach Parks and Recreation Department.
WHEREAS, the City has determined it, to be in the
public interest to contract with an after-school recreational
childcare coordinator for the purpose of assuring competent
management of the after-school recreational childcare program
i.n order to provide after-school childcare to the public of the
highest quality and at a reasonable rate.
NOW,
THEREFORE,
inconsideration of
the
mutual
promises contained herein, it is agreed 0/ and L,-:, ~"een the Ci ty
and the Coordinator that:
1. Terms of the contr.act:
a. The term of this contract shall commence on
October 3, 1988,
and shall end at the close of business on
Al1gUSt 28, 1989, unless sooner terminated under the provi.sions
of this contract.
b. This contract may be n:mewed for a period
of one (1) year. Said renewal may be instituted by t,he City
~
.
with wri:ttcn notice to the coordinator within thirty (30) days
of the expiration of this contract. The coordinator and/or the
City may, if they mutually agree to do so, alter the terms and
conditions of this contract in the event the City renews said
contract.
c. The Coordinator may terminate this agree-
ment by giving forty-five (45) days written notice to the City.
The City may terminate this agreement with or without cause.
Should the City terminate the agreement without cause, the City
shall give thirty (30) days written notice of said termination.
Should the City find it necessary to terminate t_his agreement
for ca,use, this agreement may be terminated immediately with no
notice.
d. By eXecution and acceptance of this agree-
ment and as further consideration to induce the City to enter
into this employment agreement, the Coordinator hereby waives
and forfeits any rights, if any, he may have as a classified
employee of the City. This agreement contains all the employ-
ment, provisions and conditions of the Coordinator's employment
with the City.
e. By execution and acceptance of this
agreement, the Coordinator hereby acknowledges that the
Coordinator is an independent contractor and is not an agent or
employee of the City.
2
l
.
2. Services to be provided bv the Coordinator:
a. The Coordinator shall be responsible to the
Parks and Recreation Director or his designee for the operation
and management of any after-school recreational childcare
program.
b. The' Coordinator, in conjunction with the
Director of Parks. and Recreation, shall develop a curriculum,
recreational program and/or management plan for the provision
of after-schoOl recreational childcare services.
c. The Coordinator shall insure
after-schoOl program provides adequate supervision
quality recreational activities.
d.The Coordinator shall work a forty (40) hour
that the
and high
week.
e. 'I'he Coordinator shall be present on the
premises of the after-school recreational childcare program
from the hours of approximately 11:00 a.m. to 7:00 p.m., Monday
through Friday.
3. Salary and Compensation:
d. While this agreement is in full force and
effect, the Coordinator shall be paid for his/her services
hereunder the sum of fourteen thousand nine hundred and
thirtY-four dollars ($14,934.00) annually to be paid in
bi-weekly installments.
:1
.
b. The Coordinator understands that during the
first year of this agreement that the Coordinator shall receive
no vacation or pension benefits from the City.
c. The Coordinator shall be entitled to
holidays and sick leave as is currently provided to general
employees.
d. The Coordinator
hospitalization and other insurance
employees as per current City pOlicy.
e. The Coordinator shall not be entitled to
any other benefits with the aforesaid compensation constituting
the only renumeration to be received by the coordinator.
4. Non-discrimination Clause:
a. The Coordinator shall operate the after-
school recreational childcare program without discrimination as
shall be entitled to
as provided to general
to sex, race, age, creed, color or national origin.
5. Assignments and Subcontracts:
a. The Coordinator agrees not to assign this
contract,i..r. whole or in part nor subcontract all or any or
part of this contract, without the written consent of the City
Manager.
6. General:
a. The City shall supply additional personnel
for the operation of the after-school recreational childcare
program, the number of employees and their compensation to be
determined by the City.
4
I
.
b. The City shall provide the premises for the
operation of the after-school recreational childcare program
and maintain said premises.
C. The Ci ty Manager shall be the sole arbi-
trator of any disputes of this agreement and his determination
will be final.
d. The laws of the State of Florida shall
govern any proceeding, action or suit brought pursuant to this
agreement. Venue shall be in Palm Beach County, Florida.
CITY OF DELRAY BEACH, FLORIDA
By:
Mayor
Attest:
City Clerk
Approved as to legal form
and sUfficiency:
Cit.y Attorney
Witness
By:
COORDINATOR
Witness
5
I
.
, -
--
PO' ~UCKlEV;-S€HUH-& JERNIGAN;-INE;-
'-.-.- ---------.---
~-~"'IINjfLAmMm
--. stm5OCl, icMu..
wrsr-MiM IEIOt. ~J3401
407......711'--
September 19, 1988
Walter O. 8arry
Ci ty Manager
City of Delray Beach
200 N.W. 1st Avenue
Delray Beach, Fl':'. 33444
Re: Fluoridation of Community Potable Water Supply
Dear Mr. Barry:
Implementing. fluoridation of the City of Delray Beach community potable
water supply has-the estimated associated costs:
l( I' , _
'- 1:,;'1/ E D
SEP 20 1988
CITy JV;ti!VNl;;I1...,.... ~_..
- 0 l:rFICE
1. Construction $60,000
2. Engineering 11 ,000
3. Permit Application 2,000
4. Annual Chemical Requirements 12,000
(Based on 12mgd and 0.6ppm
Fluoride @ $1.00 pg)
The existing water treatment system process will not be affected
by the addition of fluoride because the fluoride is added in the finished
water. Proposed systems, such as lime softening or reverse osmosis, would
not be affected for the same reason. A reverse osmosis system will remove
most of the natural occuring fluoride which would increase chemical costs
only slightly approximately $2,000 per year. The existing water supply
system contains approximately 0.1 ppm fluoride which would be supplemented
to 0.7 ppm or an additional 0.6 ppm of fluoride.
We contacted HRS and Jones Chemical Company and neither anticipate
a chemical shortage. To ensure adequate supply the U.S. Public Health
Service suggests three (3) months storage capacity.
If we may answer any questions, please call.
Very truly yours,
POST, BUCKLEY, SCHUH & JERNIGAN, INC.
~~ 'Y$. ..~__-J
William H. Greenwood
Manager of Environmental Services
WHG:ct
cc: Robert S. Pontek, Director of Public Utilities
14-009.00/023
"--_.~...__..-. -.-.-----" _.~ .---"-------.-.--..-
ENGINEERING. PlANNING-. ARCHtTE€TURE--
30
~
.
Post, Buckley, Schuh & Jernigan, Inc.
Engineers, Architects and Planners
1665 Palm Beach Lakes Blvd.
Suite 500, Tower B
West Palm Beach, Florida 33401
AMENDMENT TO AGREEMENT
Proposed Fluoridation of Community Potable Water Supply
Scope of Services, Compensation and Time Schedule
1.0 Scope of Services
The servi ces to be provi ded by the ENGINEER under thi s Agreement
are described as follows:
1.1 Fluoridation Chemical Feed Room
A separate room will be designed in the existing Chemical Feed
Building. This room will include a new exterior door with a
Lexam viewing window, epoxy floor topping, floor drain with
valve, a six (6) inch high door threshold with associated ramps,
and a Lexam inspection window. Mechanical equipment will include
include two duplex metering pumps with associated SCR variable
speed drives, acid resistant air intake duct and exhaust fan.
In addition, two day tanks and beam scales will be installed.
All necessary safety clothing protection, safety deluge showers
and eye wash will be specified. Specifications will include
-
recommended spare parts and/or replacement equipments.
1.2 Fluoride Storage Tank and Concrete Retainment Area
The storage tanks shall be located in the vicinity of the existing
Chemical Feed Building and Clarifier NO.3. Two bulk storage
tanks of steel and rubber lined are proposed to be designed
within the required concrete retaining structure. All interior
concrete shall receive an epoxy lining. All piping between
the tanks and the proposed Fluoridation Chemical Feed Room shall
be installed in sleeves. A safety deluge shower and eyewash
shall be installed.
.
1.3 Instrumentation
The existing finished water master watermeter which provides
a 4 to 20 IlIA DC analog signal will be utl1ized to control the
chemical metering pumps. The design will include all necessary
automatic controls and equipment necessary for a complete
operating system.
1.4 Electrical
All required electrical conduit. wiring and equipment will be
designed to be connected to existing power sources in accordance
with code.
1. 5 Permits
Permit application will be prepared for submission to HRS and
OER to install the proposed fluoridation project. A permit
application will aslo be prepared for submission to Palm Beach
County to comply with the Well field Protection Ordinance. CITY
will pay all required permit fees.
1.6 CITY Responsibility
CITY will pay for all permit fees and obtain approval of all
required CITY Departments.
-
2.0 Compensation
Compensation for engineering services shall be based upon the AGREEMENT
entered into and between the CITY and ENGINEER on June 10. 1985 or
latest AMENDMENT.
Estimated budget for the proposed Fluoridation Project is as follows:
Design $B.OOO
Bidding 1.000
Contract Administration 2.000
Permit Applications 2.000
Total Estimated Compensation $13.000
3.0 Time of Service
The design ,and permit applications are estimated to be completed
within thirty (30) calendar days after receipt of notice to proceed.
"
IN WITNESS WHEREOF. the parties hereto have accepted. made and executed
this AMENOMENT to AGREEMENT upon terms and conditions above stated on
. 1988.
For the ENGINEER: For the CITY
POST.8UCKLEY.SCHUH & JERNIGAH.INC. CITY OF OELRAY BEACH
By:
By:
Ooak S. Campbell. III
Mayor
Attest:
Attest:
Approved as to Form:
City Attorney
-
[Iry OF DELAAY BEA[H
100 N,W. 1st AVENUE
DELRAY BEACH, FLORIDA 33444
305/243.7000
MEMORANDUM
TO:
Mayor and City Commission
FROM:
Walter O.
/
Barry, Ci ty Managed~/
SUBJECT:
LITTLE LEAGUE AND FOURTH OF JULY ACTIVITY
DATE:
September 21, 1988
Earlier this year a request was received from the Delray Beach Little
League to co-sponsor State-wide playoffs at Miller Park. The
co-sponsorship was in the amount of $5,000 and was approved as a line
item in the Parks & Recreation budget. Another co-sponsored event, the
July 4th Activity, requested an additional $4,400 beyond the $10,000
originally approved to defray overtime costs of City Police, Fire,
Parks & Recreation and Street employees. More recently the City
received a $500 check from the Committee reducing the net advance to
$3,900.
During budget workshops the Commission determined that special event
contributions and co-sponsorships should be approved as agenda items.
To that end funding has been moved from the Parks & Recreation budget
to the City Commission budget.
In compliance with that policy I recommend retroactive approval of a
$5,000 payment to Delray Beach Little League to defray costs associated
with their sponsorship of State-wide Little League playoffs and $4,400
to the Fourth of July Committee to defray costs associated with the
conduct of that event. In the future funding for these requests will
come to the City Commission for approval.
WOB:nr
THE EFFORT ALWAYS MATTERS
3/
., ~.,
- -l".
,1_' , ~, i" -,~--"y,
'.'., I~..';'
STEVEN D. RUBIN
SEP 201988
ATTORNEY AT LAW
5TH FLOOR
GLADES TOWERS
900 GLADES ROAD
BOCA RATON. FLoRIDA 334-32
elfl !i';;';'":''::;L_'\''' :~::~'ICL
September 15, 1988
TELEPHONE
(407) 391-7992
TELECOPIER
(407) 338-.3487
City Manager
city of Delray Beach
100 N. W. 1st Avenue
Delray Beach, Florida 33445
Re: Delray Beach Sunrise Kiwanis
Christmas Tree and Pumpkin Sales for 1988
Dear Sir:
This letter is sent to request City Commission approval for the sale
of Christmas trees and pumpkins by the Delray Beach Sunrise Kiwanis
Club to benefit organizations and the community which are served by
the Kiwanis Club. In particular, the Delray Beach Sunrise Kiwanis
Club, at it has each year in the past, would like to sell Christmas
trees and pumpkins from October 1, 1988 through December 24, 1988 at
the southwest corner of the intersections of S. E. 5th Avenue and S.
E. 10th Street, Delray Beach, Florida. The Club has already obtained
the consent of the record owner of the property for this activity.
I would appreciate your placing this item on
Agenda for approval and notifying me of the date.
assistance and cooperation in this matter.
the City Commission
Thank you for your
Very
~y~~
Steven D. Rubin
President, Delray Beach
Sunrise Kiwanis
SDR/mjh
cc: Michael Gelfand
32.-
RESOLUT ION NO. 53-'88
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH. FLORIDA. VACATING AND
ABANDONING THE WEST 3.0 FEET OF THE 15 FOOT
WIDE DRAINAGE EASEMENT LOCATED ALONG THE EAST
S IDE OF LOT 13. "FA IRWA YS OF DELRA Y". ACCORD-
ING TO THE PLAT THEREOF RECORDED IN PLAT BOOK
54, PAGES 160-161. OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY. FLORIDA.
.
WHEREAS. Dorian Beck Trauger. a married woman, is the
fee-simple owner of Lot 13. "Fairways of Delray", according to
the Plat thereof on file in the office of the Clerk of the
Circuit Court in and for Palm Beach County. Florida. recorded in
Plat Book 54, Pages 160-161; and,
WHEREAS. Paul Schmergel, Jr., Vice President of Seagull
Associates South Corp., a Florida Corporation, as duly authorized
Agent for Dorian Beck Trauger. a married woman, has made applica-
tion for abandonment of the West 3.0 feet of the 15 foot wide
drainage easement located along the east side of Lot 13, "Fair-
ways of Delray"; and,
WHEREAS. the fee-simple owners of Lots 12 and 14,
"Fairways of Delray", each have not objected to same; and,
WHEREAS. the City Commission of the City of Delray
Beach. Florida. finds that its interest in the described property
is no longer needed for the public good and deems it to be in the
best interests of the City of Delray Beach to vacate and abandon
said west 3.0 feet of the 15 foot wide drainage easement located
along the east side of Lot 13. "Fairways of Delray".
NOW, THEREFORE. BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA. AS FOLLOWS:
Section 1. That pursuant to Chapter 177.
177.101(5) and Chapter 166 of the Florida Statutes. it is
determined to vacate and abandon all right and interest it
to the following described real property:
Section
hereby
holds
The West 3.0 feet of the 15 foot wide drain-
age easement located along the east side of
Lot 13. "FAIRWAYS OF DELRAY". according to
the Plat thereof recorded in Plat Book 54.
Pages 160-161. ,of the Public Records of Palm
Beach County. Florida.
PASSED AND ADOPTED in regular session on this the
day of . 1988.
MAY 0 R
ATTEST:
City Clerk
33
TO
,W,a:l.l:.eJ:..!l.... _Barrll-... ..cit.y...Manager_
[ITY DF
DELRAY BEAtH
If~'-.(i
ut:.J-I AK IIVlt:.N I AL
CORRESPONDENCE
FROM
)jl:lt-- Gates D. Castle, P.E., Asst. City Engineer
.__..._...........__. __'_u___'" .".-. ..-
. .--::-:..-::~-:::-:::---.__..:-:':":'.:-_~~.... -:=.--::~-' ";.-.. :.::"~:.~ ._._~_...:;:'"....~~_. --.-
SUBJECT _,___Al:l<~ndQ1lment,_~que.::;t._fjurwayJLQ,{..Jle~<!y_ ___ ,____..__'u ,_ DATE 9/14/88
Item: Abandonment of a portion of drainage easements in
Fairways of De1ray.
Background Information:
Owners of Lots 13 and 17 want to construct patio and
screen enclosure which encroaches into existing 15-
foot drainage easement. The drainage easement is
dedicated to the Fairways of De1ray Homeowners Assoc-
iation,which has no objection to the abandonment
request. Subdivision drainage will not be adversely
affected by the proposed abandonment.
Recommendations:
Engineering recommends approval of the abandonment of
the west 3 feet of the 15-foot drainage easement ad~
jacent to Lot 13, Fairways of De1ray and the south 5
feet of the 15-foot drainage easement adjacent to Lot
17, Fairways of Delray.
An Agenda Request form is attached for processing.
By copy of this memo to the City Clerk, it is requested that
the necessary Resolution be prepared for this item.
GDC : j i
cc: City Clerk
33,3t
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Engineel"S and Land Survey.
3850 N.W. 2nd Avenue 80ca Raton. Florida 33431
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RECE\VEO
SEP 0 2 1988
~LANNING DIVIS1C;','
II I
ScaleJ -20
Elevations shown hereon are based on the National Vertical Datum of 1929 and said
elevat.ions, are based on benchmarks supplied by U.S.C. & G.S.
CERTIF ICATE:
We hereby certify that the attached sketch of survey of the hereon described property is
true and correct to the best of our knowledge and belief as surveyed under our direction
on . We further certify that this sketch of survey meets the minimum technical
standdrds set forth in rule 21HH-6 adopted by the Florida Board of Land Surveyors, pur-
suant to Florida Statutes 472.027. There are no above ~round encroachments other than
those shown hereon. Subject. to 'easements and Rights-Of-Way of record.
I).,g. No.8e.'7~1 '
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J. J. GIBSON AND ASSOCIATES, INC.
Engineers and land Surve' ,
385", ,..w. 2nd Avenue 80ca Rata., Florida 33431
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CERTIFIED TO: Dorian 8eck Trauner
Fidelity Federal"Savinqs Bank of Florida
Cohn, Scherer, Cohen & Silverman, Attys.
Attorneys' Title Insurance Fund Inc.
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Elevations shown hereon
elevations are based on
are based on the National Vertical Datum of 1929 and said
benchmarks supplied by U.S.C. & G.S.
CERTIFICATE:
We hereby certify that the attached sketch of survey of the hereon described property is
true and correct to the best of our knowledge and belief as surveyed under our direction
on ICHI-I~07. We further certify that this sketch of survey meets the minimum technical
standards set forth in rule 21HH-6 adopted by the Florida Board of Land Surveyors, pur-
suant to Florida Statutes 472.027. There are no above ~round encroachmen pther than
those shown hereon. Subject, to easements and Righ Of-Way of rec d.
Dwg. No. f:J7. \4?~ ':~Ii= PLA\..I wN'-'/)
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RESOLUTION NO. 54-88
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH. FLORIDA. VACATING AND
ABANDONING THE SOUTH 5.0 FEET OF THE 15 FOOT
WIDE DRAINAGE EASEMENT LOCATED ALONG THE
NORTH SIDE OF LOT 17, "FAIRWAYS OF DELRAY",
ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 54. PAGES 160-161. OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY. FLORIDA.
WHEREAS, Seagull Associates South Corp., a Florida
Corporation, is the fee-simple owner of Lot 17, "Fairways of
Delray". according to the Plat thereof on file in the office of
the Clerk of the Circuit Court in and for Palm Beach County,
Florida, recorded in Plat Book 54. Pages 160-161; and,
WHEREAS, Paul Schmergel, Jr., Vice President of Seagull
Associates South Corp., a Florida Corporation, has made applica-
tion for abandonment of the south 5.0 feet of the 15 foot wide
drainage easement located along the north side of Lot 17, "Fair-
ways of Delray"; and,
WHEREAS, the fee-simple owners of Lots 16 and 18,
"Fairways of Delray". each have not, obJected to same; and.
WHEREAS, the City Commission of the City of De1ray
Beach, Florida, finds that its interest in the described property
is no longer needed for the public good and deems it to be in the
best interests of the City of Delray Beach to vacate and abandon
said south 5.0 feet of the 15 foot wide drainage easement located
along the north side of Lot 17. "Fairways of Delray",
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH. FLORIDA. AS FOLLOWS:
Section 1. That pursuant to Chapter 177,
177.101(5) and Chapter 166 of the Florida Statutes. it is
determined to vacate and abandon all right and, interest it
to the following described real property:
Section
hereby
holds
The South 5.0 feet of the 15 foot wide
drainage easement located along the north
side of Lot 17. "FAIRWAYS OF DELRAY". accord-
ing to the Plat thereof recorded in Plat Book
54. Pages 160-161. of the Public Records of
Palm Beach County, Florida.
PASSED AND ADOPTED in regular session on this the
day of , 1988.
MAY 0 R
ATTEST:
City Clerk
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RESOLUTION NO. 57-88
II
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, VACATING AND ABANDONING THAT PART OF THE
RIGHT-OF-WAY FOR DIXIE BOULEVARD AS SHOWN ON THE PLAT OF
DEL-RATON PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 14 AT PAGE 9 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGIN AT THE
SOUTHWEST CORNER OF LOT 9, BLOCK 13 OF SAID PLAT OF
DEL-RATON PARK: THENCE NORTHERLY, ALONG THE WEST LINE OF
BLOCKS 13 AND 14, 562.50 FEET TO THE CENTERLINE OF AVENUE
F; THENCE WESTERLY, AT RIGHT ANGLES AND ALONG SAID
CENTERLINE, 80.0 FEET TO THE NORTHEAST CORNER OF LOT 24,
BLOCK 2 OF SAID PLAT OF DEL-RATON PARK, THENCE SOUTHERLY,
AT RIGHT ANGLES AND ALONG THE EAST LINE OF SAID BLOCK 2,
575 FEET TO THE SOUTHEAST CORNER OF LOT 46, BLOCK 2,
THENCE EASTERLY, 80.97 FEET TO THE SAID POINT OF
BEGINNING.
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WHEREAS, William A. Chamberlain is the fee-simple owner
of the real property being more particularly described in the
application on file in the City Planning Department; and,
WHEREAS, Michael E. Botos, Attorney, as duly authorized
Agent for William A. Chamberlain has made application for
abandonment of a part of the 80 foot wide right-of-way of Dixie
Boulevard as shown on the plat of Del-Raton Park, Plat Book 14,
Page 9 of the Public Records of Palm Beach County, Florida. Said
area to be abandoned is more particularly described as set forth
in Section 1 of this Resolution; and,
WHEREAS, the fee-simple owners of all real property
abutting the area to be abandoned, each have not objected to same;
and,
WHEREAS, the City Commission of the City of De1ray Beach,
Florida, finds that its interest in the described property is no
longer needed for the public good and deems it to be in the best
interests of the City of De1ray Beach to vacate and abandon a part
of the 80 foot wide right-of-way for Dixie Boulevard as legally
described in Section 1 of this ReSOlution,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter 177, Section
177.101(5) and Chapter 166 of the Florida Statutes, it is hereby
determined to vacate and abandon all right and interest it holds
to the following described real property:
That part of the right-of-way for Dixie Boulevard as
shown on the plat of DEL-RATON PARK, according to the
plat thereof recorded in Plat Book 14 at page 9 of the
Public Records of Palm Beach County, Florida, described
as follows:
Begin at the Southwest corner of Lot 9, Block 13 of said
plat of DEL-RATON PARK: thence Northerly, along the West
line of Blocks 13 and 14, 562.50 feet to the centerline
of Avenue F; thence Westerly, at right angles and along
said centerline, 80.0 feet to the Northeast corner of Lot
24, Block 2 of said plat of DEL-RATON PARK, thence
Southerly, at right angles and along the East line of
said Block 2, 575 feet to the Southeast corner of Lot 46,
Block 2, thence Easterly, 80.97 feet to the said Point of
Beginning.
3r
PASSED AND ADOPTED in regular session on this the
of , 1988.
day
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MAY 0 R
ATTEST:
City Clerk
-2-
Res. No. 57-88
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RESOLUTION NO. 57-88
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH. FLORIDA. VACATING AND
ABANDONING A PART OF THE 80 FOOT WIDE
RIGHT-OF-WAY FOR DIXIE BOULEVARD AS SHOWN ON
THE PLAT OF DEL-RATON PARK AS RECORDED IN
PLAT BOOK 14 AT PAGES 9 AND 10 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY. FLORIDA.
TOGETHER WITH THE NORTH 3.0 FEET OF LOTS 11
THROUGH 22. INCLUSIVE. BLOCK 17. DEL-RATON
PARK, ACCORDING TO THE PLAT THEREOF RECORDED
IN PLAT BOOK 14 AT PAGE 9 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY. FLORIDA.
WHEREAS. Aiden. Inc., a New York Corporation authorized
to transact business in the State of Florida. is the fee-simple
owner of that part of Blocks 1 and 17, DEL-RATON PARK, and road
and alley rights-of-way adjacent thereto in DEL-RATON PARK.
according to the Plat thereof recorded in Plat Book 14. Pages 9
and 10 of the Public Records of Palm Beach County. Florida,
described as follows: Commence at the Northwest corner of Lot 27
of said Block 1; thence Easterly. along the North line of said
Lot 27. 50.00 feet to the Point of Beginning; thence continue
Easterly, along said North line and along the North line of Lot
6, Block 17, Lots 11 to 22. inclusive, Block 17. and Lot 27.
Block 17. 693.00 feet to a line 2.00 feet west of and parallel
with the East line of Lots 23. 24. 25, 26 and 27 of said Block
17; thence Southerly, at right angles and along said parallel
line. 150.00 feet to the centerline of Avenue "D"; thence Wester-
ly, at right angles and along the centerline of Avenue "D".
693.00 feet to a line 50.00 feet East of and parallel with the
West line of Lots 27, 28. 29, 30 and 31 of said Block 1; thence
Northerly, at right angles and along said parallel line. 150.00
feet to the said Point of Beginning; and,
WHEREAS, Hunt, Cook, Riggs & Mehr. P.A., Attorneys At
Law, as duly authorized Agent for Aiden, Inc.. a New York Corpo-
ration authorized to transact business in the State of Florida.
has made application for abandonment of a part of the 80 foot
wide right-of-way for Dixie Boulevard as shown on the Plat of
Del-Raton Park as recorded in Plat Book 14 at Pages 9 and 10 of
the Public Records of Palm Beach County, Florida, together with
the North 3.0 feet of Lots 11 through 22. inclusive. Block 17.
Del-Raton Park. according to the Plat thereof recorded in Plat
Book 14 at Page 9 of the Public Records of Palm Beach County.
Florida; and,
WHEREAS. the fee-simple owners of all real property
abutting the area to be abandoned. each have not objected to
same; and.
WHEREAS. the City Commission of the City of Delray
Beach. Florida, finds that its interest in the described property
is no longer needed for the public good and deems it to be in the
best interests of the City of Delray Beach to vacate a part of
the 80 foot wide right-of-way for Dixie Boulevard as shown on the
Plat of Del-Raton Park as recorded in Plat Book 14 at Pages 9 and
10 of the Public Records of Palm Beach County. Florida. together
with the North 3.0 feet of Lots 11 through 22. inclusive. Block
17, Del-Raton Park, according to the Plat thereof recorded in
Plat Book 14 at Page 9 of the Public Records of Palm Beach
County, Florida,
/'
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NOW, THEREFORE. BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
SAction 1. That pursuant to Chapter 177,
177.101(5) and Chapter 166 of the Florida Statutes, it is
determined to vacate and abandon all right and interest it
to the following described real property:
Section
hereby
holds
A part of the 80 foot wide right-of-way for
Dixie Boulevard. as shown on the Plat of
DEL-RATON PARK. as recorded in Plat Book 14
at Pages 9 and 10 of the Public Records of
Palm Beach County, Florida, said part being
more particularly described as follows:
Begin at the Northwest corner of Lot 6, Block
17 of the said Plat of DEL-RATON PARK; thence
South, on an assumed bearing, along the West
line of said Block 17 and its Southerly
extension, a distance of 150.00 feet to the
centerline of Avenue "D". as shown on said
plat; thence West, along said centerline of
Avenue "D", a distance of 80.0 feet to the
Southerly extension of the East line of Block
1 of said Plat of DEL-RATON PARK; thence
North, along said Southerly extension and
along said East line of Block 1. a distance
of 150.0 feet to the Northeast corner of Lot
27 of said Block 1: thence East. along the
Easterly extension of the North line of said
Lot 27 of Block 1, a distance of 80.0 feet to
the Point of Beginning:
TOGETHER WITH:
The North 3.00 feet of Lots 11 to 22. inclu-
sive, Block 17. DEL-RATON PARK, according to
the Plat thereof recorded in Plat Book 14,
Page 9 of the Public Records of Palm Beach
County, Florida.
PASSED AND ADOPTED
day of
in regular session on this
, 1988.
the
MAY 0 R
ATTEST:
City Clerk
- 2 -
Res. No. 57-88
PLAT
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OLD HA"1aIt
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AIWl1lONMEIlT OF A PORTION OF DUll BLVD.
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C I T Y
COM MIS S ION
DOC U MEN TAT ION
TO:
ER O. BARRY, CITY MANAGER
, \_I\\)0UO;~ '
DAVID J~I, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM:
SUBJECT:
MEETING OF SEPTEMBER 27, 1988
AGENDA ITEM
CONSIDERATION OF A RESOLUTION ABANDONING PORTIONS OF
DIXIE BOULEVARD (DELRAY MAZDA)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of
formally abandoning that portion of Dixie Boulevard
which is associated with the expansion of Delray Mazda.
BACKGROUND:
The formal processing of this abandonment is required as a
condi tion of conditional use and si te plan approval for the
Delray Mazda expansion project.
Formal abandonment is to be accomplished prior to City Commission
action on the project's final plat -- which is the next item on
the Commission's agenda.
The abandonment was properly processed and cleared several months
ago. Formal action has been delayed in order that it be
properly coordinated with action on the final plat.
Planning and Zoninq Board Recommendation: The Board considered
this item quite a while ago and recommended denial in that a
formal site plan was not before them at the time. Since then,a
formal site plan has been approved and it carried the condition
of abandonment. The Board reconsidered their previous action and
recommended approval at its most recent meeting of September
19th.
RECOMMENDED ACTION:
By resolution, approval of the requested abandonment.
Attachment:
Enacting resolution, provided by the City Clerk
35'
C J '[' Y
COM MIS S ION
DOC U MEN TAT ION
TO: WALTER O. BARRY, CITY MANAGER
FROM:
00"12L-
D J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 27, 1988
AGENDA ITEM
CONSIDERATION OF THE FINAL PLAT FOR DELRAY MAZDA
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of
final plat approval for the Delray Mazda expansion
project.
BACKGROUND:
This is the final step
Delray Mazda expansion
have included:
of the formal approval
project. Other aspects
process for the
of this project
annexation to the City;
conditional use and site plan approval by the City
Commission;
approval of elevations by the C.A.B.;
preliminary plat approval by the Planning and Zoning
Board;
abandonment of that portion of Dixie Boulevard which
ran through this site.
It is now appropriate to take an action of approval on the final
plat itself. The next step in the development process is that of
obtaining building permits and commencing construction.
Planning and Zoning Board Recommendation: The Board certified
the submission as adequate for a final plat at its meeting of
September 19th subject to agreements being approved as to form by
the City Attorney and that the agreement for median improvements
3'
<<
To: Walter o. Barry, City Manager
Re: Consideration of Final Plat for Delray Beach
Page 2
along Federal Highway be
Road Impact Fees is not
median.
revised so that a credit against County
a prerequisite to installation of the
RECOMMENDED ACTION:
By motion, ap~roval of the final
authorize the Mayor to execute the
appropriate documents providing the
plat for Delray Mazda and,
mylars upon presentation of
following:
appropriate revisions/handling of the mortgagee
dedication statement (City Attorney);
certification as to form of the agreements for Federal
Highway landscaping and Federal Highway median
improvements;
modification of the Federal Highway median agreement
regarding credit against County Road Impact Fees; and
and either improvements being in place or a financial
guarantee being in place pursuant to the subdivision
code.
l
.
PLANNING & ZONING
CITY OF OELRAY
BOARD
BEACH
STAFF REPORT
MEET ING OFITE: September 16. 1988
AGENDA ITEM: IV.9.
ITEM: ,Final Plat for Delray Mazda
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GENERAL DATA:
owner...........................William Chamberlain
Agent.... .................. . ... .Digby Bridges
Digby Bridges, Marsh and Assoc.
Location........................Northwest corner of Federal
Highway and LaMat Avenue.
Property Size...................6.37 Acres
County Land U.e Plan............commercial
.
City Land Use Plan..............Commercial
Zoning Designation..............County CG (General Commercial)
Adjacent Zoning.................North of subject property is
zoned City SC (Specialized
Commercial). East and South is
zoned County CG. West i. the
Dixie Hwy. and the F.E.C.
F.E.C. Railroad.
Exi.ting Land Use...............Automobile dealership
Propo.ed Land Use...............Expan.ion of Mazda dealership and
acces.ory use..
Water and Sewer Service.........Extension of on-site services
already provided by the City.
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[ITY DF DELRAY BEA[H
100 N.W 1st AVENUE
DELfi/\Y BEACH, FLORIDA 33444
305/243- /O()()
MEMORANDUM
TO: Mayor and City Commission
~'"?
FROM: Walter O. Barry, City ManagerW.~~"
SUBJECT: AMENDMENT TO CITY DEPARTMENTAL ORGANIZATIONAL CHART
DATE: September 21, 1988
In April of this year the City Commission approved a reorganization of
City departments into three functional groups of departments including
Management Services, Development Services and Community Services.
Ordinance 18-88 adopted in April of this year provided that
"departments of the City should be designated by the City Manager,
subject to City Commission approval, in such numbers and organizations
deemed necessary "Pursuant to Ordinance 18-88, I would like to
recommend a modification to the earlier organization proposal by
removing the Finance Department from Management Services and the Police
and Fire Departments from Community Services. Each of these three
departments will report directly to the City Manager. This change is a
result of discussions between department heads and myself subsequent to
the earlier organization plan and will allow more direct reporting
relationships for these functions.
WOB:nr
THE EFFORT ALWAYS MATTERS
31
[ITY DF DELAAY BEA[H
/--""'\,
, ,
f \
,
,
CITY ATTORNEY'S OFFICE
310 S,E, ht STREET, SUITE 4 DELRAY BEACH, FLORIDA 33483
407/243-7090 TELECOPIER 407/2784755
September 27, 1988
Vladimir Martinez, Esq.
Associate General Counsel
School Board of Palm Beach County
3323 Belvedere Road
West Palm Beach, FL
Re: Amendment to Delray Beach Elementary School Aqreement
and Subsequent Lease of Portion of former Delray Beach
Elementary School
Dear Vlad:
The purpose of this letter is two-fold. First, let me thank
you for your assistance in quickly resolving the requested
modifications in the Delray Beach Elementary School Acquisition
Agreement and the draft which you had provided of a proposed
lease agreement.
As you know, the City Commission of the City of Delray Beach
approved of Amendment No. 1 to the Delray Beach Elementary
School Agreement at their regular City Commission meeting of
Tuesday, September 13, 1988 and same shall be executed and sent
to ~c~r c=fi=~ for Y8~= further rcviGw and handling.
The second item is that I have in fact received your draft of
the proposed Lease Agreement which would be used to effect a
leaseback to the School Board of a portion of the former Delray
Beach Elementary School site after we have closed on the
transfer of the title of the property from the School Board to
the City. It is my understanding that the closing on this
property will be scheduled within the next two weeks.
That being the case, I have reviewed and have marked on the
proposed Lease Agreement certain modifications which I believe
are appropriate and in accordance with my general guidelines as
given to me by the City Commission.
Once you have had an opportunity to review the changes I have
proposed in the Lease Agreement, it would be appreciated if you
could provide me with your thoughts on the acceptability of
same. This Lease Agreement is now scheduled for consideration
and approval by the City Commission at the regular City
September 27, 1988
Vladimir Martinez, Equire
Page Two
Commission meeting of Tuesday, September 27, 1988. By copy of
this letter to the City Manager's office, we are confirming
that we have requested that this matter be placed on the City
Commission's Agenda for September 27, 1988.
If I can be of any further assistance to you in the
finalization of this matter, or if you have any questions,
please contact me personally at your earliest convenience.
Again, thank you for your continued cooperation and assistance.
Sincerely yours,
OFFICE OF THE CITY ATTORNEY
CITY / O~R}Y BEACH, FLORIDA
BY:<-,,~
Herbert W. A. Thiele, Esq.
City Attorney
HT:co
enclosures
cc: City Commission
Walter o. Barry, City Manager
David M. Huddleston, Director of Finance
Lee Graham, Risk Management Director
09/1319'3'3 15: 35 **'"1' F'RNRFR>< UF -400 **'*
06608015 P.Ol
"
. ..
LBASH AGRRRNBNT
THIS
LEASE,
dated
this
day
of
Boach,
Florida,
, 1988,
ffo,. ;r/q
a;1municipal
corporation (hereinafter referred
by and between the City of Delray
to as "Lessor") and The School Board of Palm Beach County,
F!Orida, a corporate body politic pursuant to the Constitution
of the State of Florida, (hereinafter referred to as "Lessee"):
WIT N B S S B T H:
1. ~EMISRD PREMISES:
Lessor, in consideration of the rents and covenants hereinafter
stipulated to be paid and performed by the Lessee, does hereby
demise and lease to Lessee, and Lessee hereby rents from Lessor,
the fOllOWing described premises (hereinafter referred to
"Demised Premises"): A portion of the Delray Beach Elementary
School located at 51 North Swinton Avenue, Delray Beach,
Fl()rida,~' more particularly described in, compOSite, Exhibit
"A" attach d heret)'.9'ndp~9P~p ra~ed .here~'n by ef~ren~e;
A~~4.& /L:. ~~...42...~
2. TBRM ANn RENTAL: '/,
The term of this lease shall be one year from the day above
wr:tten at an annual
rent of One Dollar ($1.00).
exclusive right..t1'rivilege.
Lessor.hereby
grants to Lessee the
RRd epti..... te76
reTiew this Lease for ten addi tional periods of one year each,
succeSSively, fr m the date of the expiration hereof and upon
the same terms and conditions as during the original term
hereof.
/s../jeJ-..,L. ~ ~,.sr~<4/ ~;C~ C~.r,,~
3. lITILITI'l$::
Lessee hereby agrees to pay the SUm of Five Hundred Fifty
? Dollars ($550.00) per month for electric, water, sanitary sewer,
and natural gas service consumed on or rendered to the Demised
Premises.
4. HAINTB~AHCB AND RBPAIR:
Lessee shall, at its Own cost and expense, maintain and
repai r the Demised Premises, including replacement of damaged
employees, ,nvitees, or visitors.
portions or items caused by Lessee or Lessee's Agents,
In addi tion, Lessee hereby
covenants t) mai'ltain the intercom system, fire alarms, and
09, 13198" 15: 36 **** PRNAFR>: UF-4[1lj ****
06608015 P.02
other life safety systems in use in the Demised Premises.
Lessor covenants and agrees to keep and maintain in good
ol'der the exterior of the Demised Premises, the parking area,
:Jl'd all "common area:" in good repair.
S. LIABII.1TY:
The parties hereto recognize their liability for certain
tortious acts of thelr agents, officers, employees and invitees
to the extent and limit provided in Chapter 768.28 of the
Florida Statutes, the State of Florida's partial waiver of
sovereign immunity, provided however, that this provision shall
not be construed as a waiver of any right or defense that the
Lessee and the Lessor may possess and said Lessee and Lessor
reserve all such rights as against any and all claims that may
be brought under this Agreement.
Both parties hereto Covenant
to self-insure their liability throughout the term of the
leasehold provided for herein as authorized in Section 230.23,
Florida Statutes.
6. FIRE AND CASUALTX:
In caSe the Demised Premises or any part thereof shall at any
time during the term of this lease be destroyed or damaged by
file or other unavoidable casualty so as to be Unfit for
. 4".t,.
occupancy and use and 811 .ltat the premlSes ~not -be restored
or rebuil t by the Lessor wi thin 30 days thereof, this lease
shall terminate; ~t if said premises Can be restored or rebuilt
4';' If.; ..ref.! ~i:rx _/ ~Sc 70
wi thin 30 days, the Lessor';fat its o'n expense llR.l wi th "'''.
~iggn~A. fRali so restore or rebUild the premises, and a just
and proportionate part of the rent provided for herein shall be
paid by the Lessee until the premises shall have been so
res tored ' ~I r'... ;,0 evp..;I.. ;'$ 4.rs~ 1.t",A,.. ..,..,v o6~1Je,h'o'1 ""/.4~" ~...,~ '
' -m ""q~ J"..C ("'c:?.rr;,.....I'c.; 0,.... ~~;.(:;f;/, "<' () ~ ~ A....d~ ~..../.J'<()' .
7. .NlITICBS c/
\11 notices herein required or permitted to be given to or
served upon either party shall be in writing. Any such notice
shall be deemed sufficiently given or served, if served
per::onally or if sent by Certified Mail or by any nationally
recognized overnight carrier to the Lessor or Lessee at the
address set forth as follows:
09/13.'1988 15:36 ':fn:>f~* F'AHAFA>< ;JF-4[11] *::+::+::*
D6608015 P.03
LESSliE:
School Board of Palm Beach County
3323 Belvedere Road
West Palm Beach,PL 33402
8. OUIET HN,JOY)IR/iI:
CRr~'~~' LESSOR:
CLty d.f Del ray Beach; f=~;,dq
100 N.W. First Avenue
Delray Beach, FL 33444
Lessor warrants to Lessee that during the term of this
agreement, if Lessee is not in default hereunder, Lessee's quiet
and peaceable enjoyment of the Demised Premises shall not bea,;j~~~
disturbed or interfered with.
9. ATTORNBY'S FBBS:
Should any litigation be commenced between the parties to
this lease concerning the property, this lease, or the rights
and duties in relation thereto, the prevailing party in such
litigation shall be entitled, in addition to other relief as may
be gran ted, to a reasonable attorney's fee and cos ts concurred
in said litigation.
10. INVALIDITY O~ A PARTICULAR PROVISION:
If any term or provision of this lease shall to any extent
be deemed invalid or unenforceable, the remainder of this lease
shall not be affected thereby and each term and provision of
this lease shall be valid and enforced to the fullest .extent
provided by law.
11. GOVERNING LAW:
All matters pertaining to this lease shall be governed by the
laws of the State of Florida.
12. IHTEGRATION CLAUSE:
This lease agreement sets forth all the covenants, promises,
agreements, conditions, and understandings between Lessor and
Lessee governing the demised premises. There are no covenants,
promises, agreements, conditions, and understandings. either
oral or written, between Lessor and Lessee other than those
herein set forth.
Except as herein provided, no subsequent
alterations, amendments, changes or additions to this lease
shall be binding upon Lessor or Lessee, unless and until reduced
to writing and signed by both parties.
09/13/1988 15: 37 ,'*** F'ANAFAX UF-400 ****
06608015 P.04
IN WITNBSS WHEREOF, the parties have hereunto executed this
lease on the day and year first above set forth.
SCHOOL BOARD OF PALM BBACH
COUNTY, FLORIDA
BY:
Arthur W. Anderson, Chairman
Attest:
Thomas J. Mills, Superintendent
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME personally appeared Arthur W. Anderson, Chairman
and Thomas J. Mills, Superintendent of The School Board of Palm
Beach County, Florida, to me well known and known to me to be
the persons authorized and who executed the foregoing instrument,
and acknowledged to and before me that they executed said instrument
for the purposes therein expressed.
WITNESS my hand and official seal, this ___ day of
1988.
,
Notary Public
My Commission Expires:
f!;;rD,.Id 4' S h, -ft)V'/M. ...
CITY OF DELRAY BEACH
C'{.;A-f-for''';'Y
(
BY:
Mayor
Attest:
City Clerk
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME personally appeared
and Mayor and City Clerk respectively
of the City of DeIray Beach, to me known to be the persons authorized
and who executed the foregoing instrument, and acknowledged to
and before me that they executed said instrument for the purposes
therein expressed.
WITNESS my hand and official seal, this day of
1988
,
Notary Public
My Commission Expires:
09/13/1988 15: 38 ,"*** PPHAFAX UF-400+**,
06608015 P.05
Description of De~ised Premises
All of Building No. 1 (Administration, Library, Classrooms) tirytQ..-
)tfJU/~itJ;eXcePt the following:
First Floor - Rooms 106, I06(A), 106(B), l06(C), 107,
107(A),
Second Floor - 205, 205 (A).
Together with Parking Area adjacent to Building No. 1
Page 1 of Composite Exhibit "A"
D: 4/5
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CITY DF DELAAY BER[H
CITY ATTORNEY'S OFFICE
I 1:-, -:1 ! l-I + ' ~:' '. 'r ;',] \! . I ; i , iL'! I' \1,~ h3
_ L" ,-lll ; r [I " ' :~ Co, - ,~ -.j. - ~.;
MEMORANDUM
'..J
Date:
september 20, 1988
SEP 2 11988
To:
City Commission
C;' TY fi'I/', ii,.: (~i: ~,;
; (>-.I:/C::
From: Herbert W. A. Thiele, City Attorney
Subject: Update on Status of Proposed Amendment to
Agreement of April 6, 1988 between City of Delrav
Beach and the School Board regarding transfer of
the Delray Beach Elementarv School
This memorandum is just to advise you that subsequent to my
correspondence of August 25, 1988 to the General Counsel's
Office of the School Board of Palm Beach County, I've had an
occasion to meet with Associate General Counsel Vladimir
Martinez to discuss the transfer, along with the terms and
conditions of the leaseback of a portion of the Delray Beach
Elementary School to the School Board.
It is my understanding that within the next few days, we shall
be receiving the form of a lease as was agreed to between
myself and Mr. Martinez and that that lease and/or the proposed
amendment would now be scheduled before the School Board of
Palm Beach County for their review and potential approval. If
you have any questions concerning the status of this matter,
please contact me at your convenience.
!ff"
HT:co
attachments
3g
l
.
[ITY DF DELAAY BEA[H
CITY AnORNEY'S OFFICE
310"')_1'. I.: S-;REI r. SITl! -1- [)t'UL'\ Bl'A('!I.ILORlD..\ 334KJ
:,'7'~.~ ~_"'I"'r: r\ Li nJl'IJ'R ~rl7'~;~-P~5
AUl1.'Ust 25, 1988
Abbey G. Hairston, Esq.
General Counsel's Office
The School Board of Palm Beach County
P. O. Box 24690
West Palm Beach, Elorida 33402-4690
Subject: Proposed Amendment to Agreement of Apri! 6. 1988 Between
City of Delray Beach and The School Board of Palm Beach County
Regarding Transfer of Deh'ay Beach Elementary School
Dear Abbey:
This letter shall confirm our conversation today wherein I had informed you
that the City Commission of the City of Delray Beach had, by consensus,
directed the City Attorney's Office to draft an llmendment to the ag'l'eement
between the City and the School Board concerninl! the transfer of the Delray
Beach Elementar:r School.
Specifically. this amendment which has apparently been discussed by adminis-
trators and lelPslators on behalf of both of our clients, would chan~e the time
wherein the School Board would be transferrin!,: the title to the Delrav Beach
Elementary School to the City. As vou mav recall, the al<reement currently
states that the transfer would take place ninety calendar days followinf! the
date when the Superintendent certified that the DelrRv Beach Elementary
School site was no longer needed for the assil!nment of students or other
educational purposes.
The new amendment would provide that the transfer would take place within
thirty days followinf! the date of the execution 0f the amendment (thus allow-
ing time for the title work to be done and the commitment tl' be delivered to
the City), and that the City would agree to lease back to the School Board
any portions of the Delray Beach Elementar~r School which are still necessary
for the assignment of students or other educational purposes on a one year,
renewable basis.
To expedite this process, I have attached hereto a draft of a proposed
Amendment No. 1 to the agreement which should serve to affect this desire
by both of our clients.
It would be appreciated if you could expeditiously review this matter and give
me your, comments on same so that it may be finalized. It is my understand-
ing that the subject of this amendment has been scheduled on your School
(:~. .]~:~~~ ~
\'
11
~
.
Abbey G. Hairston, Esq.
Aug-ust 25, 1988
Page 2
Board agenda for Se!)tember 7, 1988 and then would be subsequently
scheduled for approval by mv City Commission on September 13, 1988.
Thank you again for your continued assistance and cooneration.
Sincerely yours,
OFFICE OF THE CITY ATTORNEY
CITY OF DEr~RAY BEACH, FLORIDA
By:
Herbert W. A. Thiele, Esq.
City Attorney
HT:jw
Enclosure
cc: City Commission
Walter O. Barry, City Manager
I
.
Al'v'F.NDMENT NO. 1
AMENDMENT NO.1 TO AGREEMENT MADE AND ENTERED INTO ON THE 6TH
DAY OF APRIL, 1988, BY AND BETWEEN THE CITY OF DELRAY BEACH,
FLORIDA AND THE SCHOOL BOARD OF PALM BEACH COUNTY, RELATIVE
TO THE TRANSFER OF DELRAY BEACH ELEMENTARY SCHOOL AND CON-
STRUCTION OF BARWICK ROAD SCHOOT" (NOW KNOWN AS BANYAN CREEK
ELEMENTARY SCHOOL)
This Amendment No. 1 to Ag-re~ment between the City of Delray
Beach, Florida and The School Board of Palm Beach County is made and
entered into on this
dav of
, 1988 and shall
servE' as an amendment to that Ap'"reeme'lt dated April 6, 1988 by and between
the City of Delray Reach, Florida (her~inafter referred to as the "City") and
The School Board of Palm B~ach County (hereinafter referred to as the
"School Board") concernin!/: the transfer of the Delrav Seach Elementary
8chool site to the City and the construction of the new elementRry school on
Barwick RORd by the School Boarrl, now knolV'l as the BRnvan Creek Elemen-
tarer School,
WIT N E 8 SET f!:
WHEREAS, the Cit~r and the Schonl Board entered into that' certain
Agreement dated April 6, 1988 to provide for, among other things, certain
matters concerning the construction of the new elementary school (now known
as the Banyan Creek Elementary School) in th'l vicinity of Barwick Road in
the City of Delray Beach, and further the transfer of the title from the
School Board to the City of the Delray Beach Elementary School site under
certain circumstances; and,
WHEREAS, the School Board and the City wish to make modifications
to parag-raphs 1 and 3 of said Agreement of April 6, 1988 in order to affect
an earlier transfer of the title to the Delray Beach Elementary School site to
the City, while still allowing the School Board to lease back certain portions
of said school site for their use on an annual renewal basis.
NOW, THEREFORE, for the mutual covenants and considerations as
set forth herein, and for ,and in crmsideration of the sum of Ten Dollars
1
1'::<'::_ .~-?-' F~:::":-',p
(I" '4:,. ~',!,;.it' ..l
'i~)' >~t~) ~'~ d
($10.00) provided by the City to the School Board, th... receipt of which is
hereby acknowledged, the partie!! hereto agree as follows:
1. That parag-raph 1 of the Agre...ment dated April 6, 1988, by
and between these parties, is hereby deleted and a new paragraph 1 is
hereby inserted to read as follows:
1. That within thirty (30) calendar days following the date
of this Amendment No.1, the School Board shall convp.y to the City by
statutory warranty deed the real {)roperty and improvements located thereon
known RS the Delray Beach Elementary School site (which property is located
at the northeast (lorner of the intprsectifln of East Atlantic Avenue and North
Swinton Avenue in the City of Delray Beach, Fl0rida), to~ether with all
necessary documentation to transfer title to all structures and appurtenances
therpto in an "as is" (londiti,on as of the date of closin{'\". This statutory
warranty deed shall contain a revert'll' clause in favor of the School Board in
the event the City cear,es to use the property for (livic, public, and/or
~ov"rnmental purposes in thl'! future.
That concomitant '.vith th" elosin~ on the transfer of the
property, the City a~rees to lease back to the School Board for the' sum of
One Dollar ($1. 00) per year, certain portions of the improvements of the real
property for the use by the School Board for any necessary assi!;Tlment of
students or other educational purposes, with such original lease to be for a
period of one (1) year, with said lease being' renewable Rnnually upon the
written consent of both parties hereto until such time as the Superintendent
of the School Board certifies that these leased premises are no 10nf1.'er needed
for the assignment of students or other educational purposes.
2. That paragraph 3 of the Agreement dated April 6, 1988 by and
between these parties is hereby deleted and a new paragraph 3 is hereby
inserted to read as follows:
3. A title insurance commitment shall be issued within twenty
(20) calendar days following the date of the execution of this Amendment
No. 1 to the A~reement between the parties dated April 6, 1988, and said
title insuran(le commitment shall be by a qualified title insurer agreeing to
2
issue to the City, upon the recorciin~ of the deed to the Citv, an owner's
policy of title insurance in an amount equal to the appraised value of the
Delray 'Reach Elementary School site as appraised by the School Board's
appraisers, said title insurance to insure title of the City of Delray Beach to
the real property, subject only to liens, encumbrances, 'lxceotions or quali-
fications as are set forth in this Amendment or the original Agreement dated
April 6, 1988, if any, and those which shall be dischllr.ged by the School
Board at or before closinl;. The Citv shall have seven (7) calendar days
from the date of receivinlS evidence of title to examine same. If title is found
defective, the City shall, within fivp. (5) cal'lndar clavs therp.llfter, notify the
School Board in writing' sp'lcifying' the defects. If said d'lfects render title
unmarketable, the School Board shall have one hundred twp.ntv (120) calendar
days from the receipt of notic'l within which to re'TlOVp. said d€'fect; and if the
School Board is unsuccessful in removin" them within said time, the City shall
have the option of eithp.r 0) IIcceptinp; the titlp. as it thP.l1 is, or (2) notify-
inp,' the School Board that this Ap;reement '''In this Amendment No. 1 thereto
is terminated and that all provisions l1erp.un rlp.r shall be null and void; how-
ever, the School Board agrees that it will, if title is found to be unmarket-
able, use all diligent efforts to correct the defects in title within the time
provided therefore, including the brinl?:ing of necessary suits. The City,
within the time allowed for delivery of evidence of title and examination
thereof, may have the property surveyed at its expense. If the survey,
certified by a registered Florida surveyor, shows any encroachment on said
property or that improvements intending to be located on said property in
fact encroach on lands of others, or violate any of the covenants of this
Agreement or any amendments thereto, the same shall be treated as a title
defect. Any survey prepared in the connection with or as a consequence of
this transaction may include a description of the real property and the
improvements and appurtenances thereon.
3. That in all other respects the orig'inal Agreement dated
April 6, 1988 is hereby ratified and confirmed and shall be l'lft unchllnged by
this Amendment.
3
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals on the year and date first above writtp.n.
CITY OF DELRA Y BEACH, FLORIDA
By:
Mayor
Witness
Witness
ATTEST:
City Clerk
Approved as to form:
City Attorney
THE S(;HCOL BOARD 0" PALM BEACH
COUNTY
Witness
By:
Chairman
Witness
Reviewed and apprnvfld bv:
Office of thfl General Counsel,
The Schonl Board of Palm Heach County
State of Florida
County of Palm Beach
I HEREBY CERTIFY that on this date hefore me, an officer duly
authorized in the state and county named above to take acknowled~ents,
personall~i appeared Doak S. Campbell, III and Elizabeth Arnau, known to me
to be the persons dp.scribed in and who executed the foregoing instrument as
Mayor and City Clerk respectively, of the City of Delray Beach, Florida, a
municipal corporation organized under the laws of the State of Florida. They
acknowledged before me that they executed the forep-,'oing instrument as such
officers in the name and on beha.lf of the corporation, and that they also
affixed thereto the official seal of the cnrporation.
4
SWORN TO AND SUBSCRIBED before me this
day of
19
Notary Public
My Commission Expires:
State of Florida
County of Palm Beach
I HEREBY CERTIFY that on this date befl)re me, an officer duly
authorized in the state and county named above to take acknowled~ents.
personally appMred
kn/)\~n to me tl) be the
person
described
in
and
who
'!xecuted
the
; .
.oregomg
instrument
as
of The Scheol Board I); Palm B'!ach County. an
entity existing under the laws n1' the State of Florida. H'!/Sh'! acknowled~ed
before me that he/she executed the foreg-otng instrument as such officer in
the name and on behalf of the enttty. with full authority to so bind said
'!ntity. and that he I she also affixed ther'!to th'! nfftci~l ""fl.l of the entity.
SWORN TO AND SUBSCRIBED befor'! me this
day of
19
Notary Public
My Commission Expires:
5
DEPART-1ENTAL
CORRESPONDENCE
[ITY OF
DELAAY BEA[H
~(i
TO Walter Barry, City Manager
FROM (jj) David M. Huddleston, Director of Finance
SUBJECT
Waste Management Contract Amendment Regarding the CPI Increase
DATE September 21, 19E
The original contract with Waste Management called for an increase of
billing fees in August of each year based on the CPI index for the
previous year. Since we ordinarily increased our garbage rates to
coincide with the beginning of the fiscal year, the City adjusted the
October 1 increase to offset the difference for two months.
With Amendment #8, the CPI increase will coincide with the Solid
Waste Authority's adjustment for tipping fees and the City's fiscal
year. The amount of the increase will not be affected because the
base will remain the same. The result is the delayed two month cost
savings for the residents of Delray Beach.
I recommend that this item be placed on an agenda for commission
approval as soon as possible.
DMH/jw/mee
cc: Jan Williams, Project Cost Accountant
Attachments
eM 362
THE EFFORT ALWAYS MATTERS
39
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. RECEIVED SEr r 'I' '"C'''
. '. 1"<'0
[Iry DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE
;)1"-.1 1,ISfRI i 1.\1111.-1 III I I{,\) IJI\( 1:.:)1 :\.' ::-,~
-III" :.1,"\ '1",1'1 II IHCJ!'1lH-ill:,_' _.
MEMORANDUM
Date: September 9, 1988
To: David M. Huddleston, Director of Finance
From: Susan A. Ruby, Assistant City Attorney
Subject: Amendment to Garbage/Refuse Contract to Reflect
October 1st as the Adjustment Date for the CPI
Enclosed please find the agreement the Finance Department
requested altering the current Refuse Contract to provide for
the adjustment of the Consumer Price Index to occur on
October 1st of each year based on the previous calendar year'
cpr.
Please do not hesitate to contact me if you should have any
comments or suggestions regarding this contract. The final
contract should be placed on an upcoming City Commission Agenda
for their approval.
,---- ~
~-iX1.J'1L:tda~,
,:,g'AR:cJ. ('/
cc Jan Williams, Project Cost Acct.
Walter O. Barry. City Manager
Robert A. Barclnskl. Assistant City Manager
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}l.MENDMENT NO. 8 TO THE CITY OF DELRAY BEACH REFUSE CONTRACT
DATED JUNE 1, 1983 BETWEEN THE CITY OF DELRAY BEACH AND
WASTE MANAGEMENT, INC., OF FLORIDA FOR COLLECTION OF
GARBAGE AND TRASH WITHIN THE CITY OF DELRAY BEACH, FLORIDA
THIS AMENDMENT NO.8 is made and entered into this
day of
, 198___, by and between the
CITY OF DELRAY BEACH, FLORIDA, a municipal corporation,
hereinafter referred to as the "City" and WASTE MANAGEMENT,
INC. OF FLORIDA, herein referred to as "Contractor".
WIT N E SSE T H :
WHEREAS, the City and the ContractoJ; have entered
into an agreement entitled, "Refuse Contract" dated June 1,
1983, which has been amended from time to time, to provide for
the collection of garbage and trash within the City of Delray
Beach, Florida, by the Contractor; and,
WHEREAS, the City and Contractor wish to modify said
contract to provide that the computation of the Annual Consumer
Price Index (CPI), shall be adjusted by October 1st of each
year of said contract.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL
COVENANTS, PROMISES, AND REPRESENTATIONS SET FORTH HEREIN, THE
PARTIES HERETO AGREE AS FOLLOWS:
1. Section 4., "Payment to the Contractor",
subsection 2B, Chanqe and Cost of Doinq Business, subsection
1., "Changes and Collection Price", is hereby modified to
provide that the calculation of the Consumer Price Index (CPI)
shall continue to be based on a calendar year,
however the
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adjustment shall occur and become effective on October 1st of
each year of said contract.
2. That all terms and conditions of the refuse
contract dated June 1, 1983 between the City and the Contractor
and subsequent amendments thereto, except as may be in express
conflict with this amendment, shall be unaffected by this
amendment, and shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have entered
into this Amendment No. 8 as of the day and year first above
written.
CITY OF DELRAY BEACH, FLORIDA
By:
MAYOR
ATTEST:
City Clerk
Approved as to form and
Legal SUfficiency:
City Attorney
WASTE MANAGEMENT, INC. OF
FLORIDA (Contractor):
Witness
By:
Witness
TITLE
(SEAL)
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STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this date before me, an
officer duly authorized in the State and County named above to
take acknowledgements, personally appeared
known to me to be the person
described in and who executed the foregoing instrument as
of
,
a
corporation organized under the laws of the State of
He acknowledged before me that he
executed the foregoing instrument as such an officer in the
name and on behalf of the corporation, and that he also affixed
thereto the official seal of the corporation.
SWORN TO AND SUBSCRIBED before me this
day of , 1988.
Notary Public
My Commission Expires:
3
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DEPAR.MENTAL
CORRESPONDENCE
Walter O. Barry, City Mana~
TO
THRU: Frank Spence, Director De t Service
FRO~Gerald B. 01urch, P.E., City Enginet!r
SUBJECTEasement Deed with Hamlet Residents Association,Inc. in Estates III of DATE 9/7/88
Hamlet for a Utility Easement
'nUs Easement Deed has been prepared for the purpose of relocating a part of a !'Iani-
tary set.'er main which is maintained by the City. '!.11e property owners are proposing
to excavate a Lake for esthetics & personal reasons and this easement is required
to be established.
We Engineering Department is r",,^-,'&Io::i1d1ng approval of the su/;lject Easement Deed.
We City Attorney's office has reviewed it and found it acceptable. We wish to
schedule for City O::mn1ssion acceptance on the September 27th meeting. '!.11e City
Clerk I s office would record the original deed.
GBC:slg
CM 362
THE EFFORT ALWAYS MATTERS
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;:,3333 N.fEDE~AL' HWY.
JOHN A. GRANT, JR., INC.
CONSULTING ENGINEERS & SURVEYORS
80CA RATON, flORIDA
SKETCH
A
OF LOCATION OF EASEMENT
PORTION OF TRACT Z
THE ESTATES III
PLAT BOOK 40, PAGES 64 a 65
BEACH. PALM BEACH COUNTY, FLORIDA
DELRAY
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[ITY DF DE1RRY BEACH
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100 N,W. 1st AVENUE
DELAAY BEACH, FLOAIO'A 33444
TO:
Mayor
City Commission
,~ity Manager
FROM:
Historic Preservation Board
City of Delray Beach
DATE:
September 15, 1988
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RE:
Historic Swinton Avenue
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The Historic Preservation Board encourages the City Commission to
pesignate Swinton Avenue from St. Paul's Episcopal (Beginning of Historic
District and early Town Border) to the Unity Church a Scenic Drive, and
begin Beautifca tion proj ects to be coordinated through the Community
Improvement Bureau.
Named after Delray Beach I s most prominent early military commander Col.
David Swinton from Lint'on,' Michigan, Swinton Avenue provides the axis
between East and West, the Cross Roads of Town intersecting with Atlantic
Avenue at its Center, and the setting for Delray Beach's olciest
residences, sites, residences, schools, churches, and the new Cultural
Arts Center for South Palm Beach County.
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Swinton Avenue's inventory consists of:
Historic Sundy Residence
St. Paul's Episcopal
Cathcart residence
"The Parsonage"
Linton Family Residence Site
Old School Square Cultural Center
Gearheat House
The Long Residence
The Rhoden Building
The "Fisher" Cottages
Cason Cottage
Cason Memorial Methodist Church
Trinity Lutheran Church
Del-Ida Park Historic District
704 North Swinton Avenue
The Love Residence
The DeWitt Residence
Sundy/Clint Moore/Gringle Residence
Seward Webb Residence
Church of The Palms
Unity Church
Pruyser Plantation House
1902
1935 c.
1907 c.
1905 c.
1895 (Demolished)
1912/1926/1928
1924
1924
1912
1935
1915 c.
1924
1937 c.
1935 c.
1924
1915 c.
1931 c.
THE EFFORT ALWAYS MATTERS
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305/243, 7000
4-2-
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Also:
Numerous fine
Homes, Florida
tone with Early
examples of Craftsman Cottages, Mediterranean Revival
Vernacular cottages remain in settings landscapped in
Florida Settings.
Architect Sam Ogren, Sr. 's first structure at 704 North Swinton Avenue
is a highlight of Delray' s only street in which there are architectural
examples from 1902 to the present time.
" The dimension, scale, proportions of this street must be protected
" creating a closeness of community and neighb.orhood. Beautification plans
,,: should stress, intimacy, shade, and slowing the velocity of automobiles
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':.,"1',' ito encourage the apprecifatihon oif thei community I s heritage. The purpose,
" ntent, and function 0 tenner c ty' was never to accomodate road
~:' widening, but to deepen the values of community of why residences want
11 to live in close proximity to churches, schools, beaches, shopping,
II family and friends.
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Thank you.
Lula Butler, Director fo Community ImprOVement
Dorothy Ellington, Community Development
cc:
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OLD SCHOOL SQUARE HISTORIC DISTRICT
PROPERTY OWNERS
POSITION PAPER
Background:
For many years, we have watched as property in the area around
Swinton Avenue depreciated and became part of a community riddled
with crime. A crack house, a drug murder, backdoor kitchens,
houses overflowing with immigrants, muggings, robberies and
burglaries became more frequent.
Houses were losing value quicker than you could fix a leaking
roof. Landlords found that tenants no longer would even look at
i: an apartment or house, after driving through the area. People
i were reluctant to invest or reinvest in these pr'operties. Ours
I was a neighborhood in great decline.
Last year, Old School Square became a reality. Our City has taken
on this project as an investment in our downtown redevelopment.
In January of this year, our Commissioners set some goals, one
i of which was of utmost importance to us. That was the revital-
I ization of our neighborhoods. And then we became a designated
Historic District.
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All of this, we felt, had great significance to the property 'owner~.
Finally, somebody was coming to our rescue: It was these incentives
that raised our hopes and spirits. As a result, our property owners'
organization was founded. _
Our goal is to create a neighborhood awareness, to be a part of
the decision-making process and to become neighbors again as we
were when Delray Beach was founded. With this attempt, a pride is
welling up and a feeling of positive things to come. The spirit
can already be seen along our avenue. Neighbors are waving at
people working on their houses. People are starting to walk along
the sidewalks to visit down the street (not a lot, but some). With
the help of our City's leaders, we are going to move ahead. We
want to become a gateway of fine, older houses leading to a redevel-
Oped downtown. "
Present Situation:
But now comes the wrench thrown into the works: the Metropolitan
Planning Organization's 2010 Plan, which includes the four-laning
o,f Swinton Avenue from South Tenth Street to North Fourth Street.
In no way will this four-laning of Swinton enhance our efforts to
create this historic neighborhood.
It will detract from the efforts being made now to create a down-
town for all of Delray Beach to be proud of. Four-laning will not
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make room for existing traffic; it will only invite traffic.
The avenue has definitive boundaries at South Tenth Street and
North 22nd Street. This entire stretch of Swinton should not
be allowed to become merely a people-mover.
We have such potential to create a lovely avenue, with the assets
of historic homes, possibly a pioneers' park, and the forsight by
City planners who have already decided that the way of Delray
Beach is not to follow in the steps of other, over-developed
downtowns.
'i What a lovely and distinct attraction Swinton Avenue could become
J' -- one that no other local city has. It is amazing that anybody
I would even think of four-laning it at 'any time in the future.
Allowing this to remain on the MPO's 2010 Plan will curtail and
drown out the enthusiasm that is already underway to create a
special neighborhood.
For the City to do nothing about beautifying and improving Swinton
because of the MPO's plan for four-laning it means certain disaster
,~, for us. ,We already have problems with through traffic making it
j difficult for us to pull into or back out of driveways. We already
! have traffic noises that are detracting. Residential/office zoning
~ and commercial uses will have much more potential with a two-lane,
~ slower-paced road that is well-landscaped and a pleasure to drive on.
It will generate some traffic because, like AlA, it is enjoyable
to travel, not because it is fast~
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The funds provided for beautifying/improving Swinton have been given
I to other proj ects. 'City staffers won I t. touch the proj ect as long
as the four-laning remains on the MPO 2010 plan. Residents, who
can only look toward an unknown future, will sit back and wait for
what mayor may not happen, while their property deterioriates.
Or they can sellout or rent out and move. That should not be
allowed to happen.
The spirit of revitalization should be encouraged and reinforced
not allowed to die. This could be our neighborhood's last chance.
Please help us get rid of this four-laning yoke that will hold us
back. For the sake of all of Delray Beach and Downtown Redevelop-
ment, get Swinton Avenue off the MPO 2010 plan.
Alternatives to Four-Laning:
We have discussed other possib~lities that might help you with your
decision to support our request. With the help of City staffers
and their expertise, these ideas could be fruitful,
1. Establish a Pioneers' Park on the east side of South
Swinton, on the City-owned land just north of 10th
Street. This could be done, possibly, by a civic
group such as the Jaycees Park on South Federal High-
way in Boynton Beach. A monument to the founders of
Delray Beach could be included. After all, Swinton
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Avenue was named after one of the founders. Trees
could be planted in the park ,in the names of the
pioneers.
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2. Remove or improve swales, with landscaping wherever
possible, including traffic islands. East/west
corridors are needed to encourage people to come
to downtown Delray Beach to shop. Turning lanes
could be added at major intersections on Swinton
to facilitate this east/west traffic. We already
have plenty of north/south highways.
Establish a scenic drive from South Second Street to
North 22nd Street that woula encompass the historic
districts. This could be done by improving the swales,
landscaping, putting in sp,ecial sidewalk effects and
special lamp posts and by encouraging property owners
along Swinton to beautify their property. Funds could
be provided by Federal grants for the historic districts
and funds from CRA that have already been offered. In
addition, there is excess money in the utility fund and
more will be coming in with the increase in utility fees.
3.
4.
Remove utility lines from along the street, to the alleys,
in the historic districts, and open the alleys for access
to the utilities and the residents. This would allow
for a good mix of office and residential use. It would
also allow for landscaping and shade trees along the
sidewalks.
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At the points where widening has already occurred, add
landscaping in the cross-hatched areas.
North of Fourth Street, City planners should work with
the homeowners' organizations and with individuals to
plant trees and maintain swales, possibly establishing
ordinances to prohibit parking on the swales.
6.
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Delray Beach has already initiated and approved moves to resist
over-development, by adopting "village-type" progress. Four-laning
Swinton would defeat that goal.
We are asking that you support us in our efforts to make Delray
Beach's his tory and i'ts 'founders a part of the City's future.
Preserve and beautify the oldest street in Delray Beach, the street
on which the first houses were built -- some of which are still
there -- by removing Swinton Avenue from the County's MPO 2010 plan.
1ft 1ft 1ft
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[Iry DF DELRAY BEA[H
100 N.W. 1st AVENUE
DELRAY BEACH, FLORIDA 33444
305/243- 7000
MEMORANDUM
TO:
Walter O. Barry, City Manager
Robert A. Barcinski, Assistant City Manager/~
Management Services Group
FROM:
DATE:
September 22, 1988
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING _
SEPTEMBER 27, 1988 - BIDS ON GUARD RAIL
INSTALr..ATloN -' BRANT DRIVE BRIDGE &, DAVIS ROAD
Item BeforA CommiaRion!
City Commission is requested to award a contract for guard
rail installation to Transportation Safety Contractors,
Inc., at an estimated cost of $13,439.80 with funding from
account 1001-2911-519-60.63, Engineering - Capital Outlay-
Streets & Sidewalks.
Backaround!
Invitations to Bid were mailed to six
tractors and three (3) contractors
Tabulation of Bids is attached for your
(6) guard
submitted
review.
rail con-
bids. A
The low bid was submitted by Transportation Safety Contrac-
tors, Inc., at $13,439.80. Engineering's estimate for this
work is $16,280. The low bid is 17% under Engineering's
estimate.
The Brant Drive guard rail is required in conjunction with
the State I s annual br idge inspection program. The Davis
Road guard rail installation was prompted by safety con-
cerns, given the close proximity of the roadway to the E-4
Canal bank.
R@commendation!
Staff recommends award of
Contractors, Inc., of Tampa
funds to be appropriated
Outlay-Streets & Sidewalks
Completion time 150 days.
RAB:sk
attaclment
bid to Transportation Safety
at a cost of $13,439.80, with
from the Engineering-Capital
account 1001-2911-519-60.63.
THE EFFORT ALWAYS MATTERS
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[Iry OF DELIAY 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 Group
DATE: September 22, 1988
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
SEPTEMBER 27, 1988 - BIDS ON JANITORIAL
SERVICES - POLICE DEPARTMENT
I~@m B@for@ Commission:
City Commission is requested to award a contract for janito-
rial services for the Police Department to W & F Building
Maintenance, Inc., at a base price of $19,992, plus $150 per
month for cleaning exterior of windows; for a total annual
cost of $21,792. In addition, and per the specifications,
the City Manager be authorized to renew the contract for two
additional one (1) year periods, subject to vendor accep-
tance, satisfactory performance and determination that
renewal is in the best interests of the City. Funding to
corne from account '001-2113-521-33.17, (Police-Support-
Janitorial Services).
Back9round:
Invitations to Bid were mailed to twenty (20) area janitor-
ial contractors and nine (9) contractors submitted bids, a
Tabulation of Bids is attached for your review.
On September 9, 1988, Purchasing and the Police Department
conducted interviews with the two lowest bid firms to review
their qualifications for this service.
Following staff analysis and review it is recommended that
the contract for janitorial services for the Police Depart-
ment be awarded to the low bidder.
THE Ei'FORT ALWAYS MATTERS
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City Commission Agenda - September 22, 1988
Subject: Janitorial Services - Police Department
September 22, 1988
Page 2
Rel!ommp-ndat.ion!
Staff recommends award of bid to W & F Building Maintenance,
Inc., at a base price of $19,992, plus $150, per month for
cleaning exter ior of windows, for a total annual cost of
$21,792, and per the specifications, the City Manager be
authorized to renew the contract for two additional one (1)
year periods, subject to vendor acceptance, satisfactory
performance and determination that renewal is in the best
interests of the City. Funding for this service is from
account tOQl-2l13-521-33.17, (Police-Support-Janitorial
Services).
RAB:sk
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[Iry DF OELRAY BEA[H
'00 NiN, 1st AVENUE
DELRAY BEACH, FLORIDA 33444
305/243- 7000
MEMORANDllM
TO: Walter O. Barry, City Manager
FROM: Robert A. Barcinski, Assistant City Manager~
Management Services Group
DATE: September 22, 1988
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
SEPTEMBER 27, 1988 - BID ON RENTAL
REHABILITATION PROGRAM - BID '88-96
Item B~fore Commission:
City Commission is request to award a contract to FEC
Management, Inc., for one rental rehabilitation deferred
loan, on property located at 212-214 S.W. 15th Avenue in the
amount of $13,462 with funding available in account
1118-1975-554-60.23 (Community Development - Rental Rehabil-
itation) .
Back9round!
In accordance with the City of Delray Beach Community
Development Division I s approved Statement of Policies and
Procedures this request is presented for approval of one
Rental Rehabilitation Deferred Loan. The pro"gram provides
for rehabilitation of investor owned substandard units,
located within the CDBG Target Area. Contract awards are
based on actual cost of the rehabilitation.
Community Development staff provided the detailed work
write-ups, cost estimates for work specifications, and bid
process of all eligible structures. The owners and proper-
ties have met the eligibility requirements as specified in
THE EFFORT ALWAYS MATTERS
LJ-IT - Co-
l
.
,
Documentation - Commission Meeting 9/27/88
Subject: Rental Rehabilitation Program
September 22, 1988
Page 2
the Rental Rehabilitation Program description. The contract
award and bid summary sheets are attached.
Recl)mm~ndat.ion!
Staff recommends award of contract to FEC Management, Inc.,
in the amount of $13,462 with funding for this work from
account 1118-1975-554-60.23, (Community Development-Rental
Rehabilitation) . Funds will be disbursed on a dollar for
dollar basis, matching the owners share with the Rental
Rehabilitation Funds.
RAB:sk
attachment
l
.
.
DEPAR~\1ENTAL
CORRESPONDENCE
Walter O.
TO
CROM Do~t~y
Barry, City Manager
[Iry OF
DELRAY BEA[H
~~Ci
Coordinator
Ellington, Community Development
SUBJECT
TBRU: Lula Butler, Director Community Improvement
Rental Rehabilitation Program / Contract Award
9/16/88
DA1F
In accordance with the City of Delray Beach Community Development
Division's approved Statement of Policies and Procedures, we are hereby
requesting City Commission approval of one Rental Rehabilitation
Deferred Loan. The program provides for the rehabilitation of investor
owned substandard units, located within the CDBG Target Area. Contract
awards are based on actual cost of the rehabilitation to an eligible
structure. OWners are eligible for a dollar for dollar match of Rental
Rehabilitation Funds for total cost, not to exceed $8,000 per unit.
Community Development staff provided the detailed wor~ write-ups, cost
estimates for work specifications, and bid process on all eligible
structures. Investors are required to escrow their share of the cost
with the City prior to the issuance of the Notice to Proceed.
Inspection of work will be done by the City's Building and Inspection
Department and the Community Development Division. Contracts will be
executed between the building contractor and the property owner. The
City remains the agent and this office will monitor all work performed
by the contractor and will ensure compliance according to specification
and program guidelines. Pay request will require both contractor's and
owner's signatures. Funds will be disbursed on a dollar for dollar
basis matching the owners share with the Rental Rehabilitation Funds.
The owners and properties have met the eligibility requirements as
specified in the Rental Rehabilitation Program description.
Detailed work write-ups and individual files are available for review
at the Community Development Office. The contract award and bid
summary sheets are attached for your reference.
RR14
C!\1 362
THE EFFORT ALWAYS MATTERS
.
.
RENTAL REHABILITATION LOAN IS REQUESTED FOR THE FOLLOWING:
eASEl PROPERTY RR DEFERRED
ADDRESS LOAN
OWNER'S
MATCH
TOTAL
CONTRACT AWARD
88-012RR 212-214 Southwest 6,731.00
15th Avenue
(Duplex)
6,731.00
13,462.00
RR14
1
.
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
RENTAL REHABILITATION,PROGRAM
BID INFORMATION SHEET
BID II: 88-96
APPLICANT: EMILY OUTRAM
APPLICATION II: 88-012RR
ADDRESS OF PROPERTY: 212- 214 SW 15TH AVE
DATE BIDS LETTERS: 8/2/88
DATE BIDS OPENED: 8/18/88
NAME OF CONTRACTORS AMOUNT OF BID
FIRST CONSTRUCTION OF THE PALM BEACH, INC.
FRANK FIDLER/JAMES BROWN
GEMINI CONSTRUCTION ENTERPRISES, INC.
E. GRIMM, INC.
HENRY L. HAYWOOD
NORENE CONSTRUCTION COMPANY,INC.
B & JR CONSTRUCTION
HOWARD RIENECKER
ROWE & CAMPBELL
FEC
DARRY L. COOK
PRF~TON r.ONSTRUCTION
25,725.00
?n Qln no
?~ ':Inn no
.
13, 462. OOd".
22,990.00
IN-HOUSE ESTIMATE: $ 22,950.00
CONTRACTOR AWARDED CONTRACT: FEC MANAGEMENT, INC.
CONTRACT AMOUNT: $ 13,462.00
COMMENTS: ... Low Bidder
RR6
1
.
[Iry OF DELRAY BEA[H
100 N.W. 1st AVENUE
DELRAY BEACH, FLORIDA 33444
305/243- 7000
MEMORANDUM
SUBJECT:
Mayor and City Commission
Walter O. Barry. Cl ty Manager tV j"'''''''-l/
COMPREHENSIVE PLANNING SERVICES
TO:
FROM:
DATE:
September 21, 1988
The attached contracts for Comprehensive Planning Services have been
before the Commission before. The contracts have been successfully
negotiated and were awaiting resolution of certain liability issues.
Those have been resolved and the contracts are recommended for final
approval pursuant to your direction.
WOB:nr
Encl
THE EFFORT ALWAYS MATTERS
41-0,EJF
~
,
C I T Y
COM MIS S ION
o 0 CUM E N TAT ION
FROM:
0..ER O. BARRY, CITY MANAGER
\kJr?-~/LjJ~;-rifR~TOR
DEPARTMENT OF PLANNING AND ZONING
TO:
SUBJECT:
MEETING OF SEPTEMBER 27, 1988
AGENDA ITEM
APPROVAL OF CONTRACTS FOR VARIOUS PLANNING SERVICES
DEALING WITH THE COMPREHENSIVE PLAN
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of
approval of two new contracts and a modification to an
existing contract for planning services associated with
the Comprehensive Plan program.
BACKGROUND:
Previously the City Commission approved the negotiation and
execution of contracts for planning ,services to the firms of:
Strategic Planning Services (SPG), $40,000 for the
housing element, the open space and recreation element,
a special housing study, and assistance, on the land use
element;
Post, Buckley (PBS&J), $18,000 for the conservation
element and pUblic facilities element;
Coastal Management and Engineering, Inc. for the
coastal management element.
Contracts have been prepared and negotiated within the above
parameters and within budget allocations. During the course of
legal review of the contracts, it was determined that standard
insurance (liability) requirements could not be met by the firms
of SPG and PBS&J for the services to be rendered. A similar
l
~,....~
.
To: Walter O. Barry, City Manager
Re: Approval of Contracts for Various Planning Services
Dealing with the Comprehensive Plan
Page 2
situation occurred with respect to the existing Coastal Management
contract, and the insurance provision was already deleted from
it. Thus, upon the suggestion of the City Attorney's staff, the
SPG and PBS&J contracts have been placed before the Commission
for approval.
The Coastal Management and Engineering situation involves a
modification to their previous contract. A memo of explanation
regarding the process for amending that contract is attached.
The final work on this element has been negotiated at $23,500.
Funds are allocated for all projects within the FY 87/88 bUdget.
Upon approval of the contracts by the City Commission funds, will
be encumbered.
Since the need to progress with the work on the Comprehensive
Plan was of paramount importance, the previous action of the
Commission authorized the commencement of work prior to formal
execution of the contracts. The work is currently underway.
The contracts
documentation
contract with
for SPG
because
CM&E.
and PBS&J are
of their bulk,
not
nor
include
has the
with the
original
RECOMMENDED ACTION:
By motion, approve the above contracts, and the Mayor to execute
them.
Attachment:
Copy of Memo from Kovacs to Church and Contract
Modification for the CM&E Contract.
l
..
ART~,ENT AL
ESPONDENCE
[ITY DF
DELRAY IEA[H
~~(j
TO
, City Engineer
FROM
David J. Kovacs, Director
Department of Planning and Zoning
SUBJECT Coastal Management Element - Consultant Contract DATE Sept:aDber <D, lcm
My review of an Agreement Between City of De1rav Beach, Florida
and Coastal Planning & Enqineering, Inc. for Professional
Engineering Services reveals the following:
Basic Contract signed by the Consultant on March 18, 1987,
and formally dated as of June 1, 1987. This contact, in
Section 2, provides the services of the Consultant
(Engineer) in preparing the Coastal Management Element
pursuant to 9J5.
Modification of Contract pertaining to Section 2 was
executed on May 28, 1987. Three tasks were refined. These
were:
a) the E.A.R.;
b) Inventory and Analysis; and
c) Goals, Policies, Implementation Strategies Phase.
Completion of E.A.R.: The work product, E.A.R., was
prepared and accepted. An amount of $50,000 was allocated
pursuant to Section 7.3.1 of the Basic Contract for that
task. An amount of $38,000 was paid for that work leaving a
balance of $12,000 which could be applied to further work on
the Element (cost figures based upon telephone memo from
John Walker after he returned to the City).
Scope of Services & com~nsation for Balance of Work: Only
a general scope of work s defined in the Modification of
Contract (5/28). Section 7.4 of the Basic Contract
provides: "Compensation for work following the Evaluation
and Appraisal Phase will be based on the scope of services
identified in the Evaluation and Appraisal Phase and
negotiated with the City by the ENGINEER (ConSUltant) before
initiating work on subsequent phases".
Based upon the above provisions of the Basic Contract and its
modification and upon the work completed to date, we have
negotiated a scope of services for completion of the Element.
Coastal Planning and Engineering, Inc. has agreed to perform the
work for' a contract cost of $23,500. I propose that this amount
be paid from the balance of funds initially allocated for the
I
:M362
THE EFFORT ALWAYS MATTERS
l
.
~
\
To: Gerry Church, City Engineer
Re: coastal Management Element Consultant Contract
September 20, 1988
Page TWO
E.A.R. 1$12,000) and the funds set aside in the Planning and
Zoning Department budget for Comprehensive Plan services
($11,500). The scope of work for the remaining work is attached.
Besides adding the scope of work to the basic contract, a
modification will also change the "agreeable" subcontractor to
S.P.G. instead of.Solin & Associates and Walter Keller.
If the above in satisfactory to you, let me know, and WP. will
prepare a P.O. to encumber the $12,000 so that it can be expended
, \ during the coming fiscal year.
c: Stan Weedon, comprehensive Plan Coordinator
DJK/tp
~
~
[ITV DF DELAAY BEAtH
CITY ATTORNEY'S OFFICE
~;")"5,I. \,t 'iTIUTT,SLli!.j i11l !{\Y [31- \(IL i IO[{!I..\ -~~-:.'\~
..!.;,~ >:':;.-'Idi ITLl'l'lWIIK -+;'7/2-::,.,-47';~
HEMORANDUM
Date: September 21, 1988
To: Walter o. Barry, City Manager
From: Susan A. Ruby, Assistant City Attorney
Subject: Fire Station Contract
The renegotiated contract for the design of the Fire Station
between the City and Currie Schneider Associates AlA, PA is
attached hereto, and submitted for City Commission approvaL
Please place the approval of the contract on an upcoming City
Commission agenda.
The contract contains a basic services compensation fee of
fifty-seven thousand five hundred ($57,500.00). This contract
price for basic services addresses the changed scope of
services required to construct the Fire Station at its new
location.
Please do not hesitate to contact me should you require further
information.
c~
Attachment
cc Larry Schneider, Currie Schneider Associates
Robert Currie, Currie Schneider Associates
Frank Spence, Development and Services Director
4-4-G-
l
.
(
(
<..
T Ii E
AMERICAN
ARCfllTECT
INSTITUTr
o F
I
AlA Document B 141
Standard Form of Agreement Between
Owner and Architect
1987 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION.
AGREEMENT
made as of the
Nineteen Hundred and
BETWEEN the Owner:
(NamI and address)
day of
in the year of
CITY OF DELRAY BEACH
100 NW 1st Avenue
Delray Beach, FL 33444
and the Architect:
(NaI'M and address)
CURRIE SCHNEIDER ASSOCIATES AlA, PA
25 Seabreeze Avenue
Delray Beach, FL 33483
For the following Project:
(Iru:/udi! detailed aescrtplion o{ Project, location, address and scope.)
See Attachment A
The Owner and Architect agree as set forth below.
CopyriS/1l19/7, 1926,1~, 1951,1953,1958,1961, 1963,1966.1967. 1970.1974.1977.@19B7byTheAmcric:onlnsti.u.e
ot Architects, 1735 New Yolk Avenue, N.W., Wasltinll'on, D,C. 20006. Reproduction ot <he .....cri2I herein or sub5Cll1ti21
quo...1on ot I.. provisions wi"""" wrtnen permlulon ot the AlA vtoWes the copyright I..,. ot the Uni.ed S...es and ...iIl be
subjecr to legal prosecution.
AlA ~ "..1. O\VNU.AltCHITICT AGRllMINT elOUll'T!:!Nnl EDmON. AlA- . C)1987
THI -'MilliCAN IN5TrTIITI O. AllCHlTlCTS, 173' NIW YOItKAVINUI, N..... "ASHlNGTON, D.c. 20006
8141-1987 1
l
.
.
ATTACHMENT "
Fire Station No.2 is to be located on a lot defined as:
A parcel of land being a portion or
OCEAN BEACH SUBDIVISION, Section 16,
Palm Beach County, Florida. more
follows:
Original Lots 13, 14 & 15,
T46S, R43E, Delray Beach,
particularly described as
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 1336.56 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.
The project shall incorporate a multi-bay fire station of
approximately 6,500 SF with standard fire station amenities to
include a watch room, officer's rODm, lounge, dormitory. kitchen.
dining room, restrooms, mechanical area, storage areas. public
reception area, physical conditioning space, and other areas to be
further defined in meetings with the City. The structure shall be
two stories in height. The City has established the construction
budget for this project to be Seven Hundred Fifty Thousand Dollars
($750.000.00). and this budget shall be reviewed during the
preparation of the construction documents and confirmed by the
bids received during the bidding process.
Al
~
.
.
DEP AR-'MENT AL
CORRESPONDENCE
Ted
Glass, Purchasing Administrator
0. t: Coordinator
Dorothy Ellington, Community Development
[ijj~f ij~
DElR~Y aER[U
--~>@
TO
r'ROM
THRU: Lula Butler, Director, Community Improvement
Housing Rehabilitation Program
9/19/88
SUBJECT
I',JI
Attached, please find Community Development's Housing Rehabilitation
package, purchasing' bid number 88-107, this package is submitted for
the Consent Agenda scheduled for September 27,1988. This package is
submitted to your office per Purchasing Policies and Procedures.
\,
glass1
.
#-1+
I '.1 :If;7
r I W r: j I(\I~ r /\ !X'i\,', S 1\:1/\ I " I' ;
l
.
DEPAP~MENTAL
CORRESPONDENCE
j]i~ uf
JlElDR~ JJEO[IJ
~~)
TO
Walter o. Barry, City Manager
~ Coordinator
Dorothy Ellington ,Community Development
~ROM
SUBJECT
THRU: Lula Butler, Director Community Improvement
Community Development Block Grant Program Activities
Housing Rehabilitation Grant Award
9/19/88
[1'" F
According to the City of Delray Beach, Community Development Divi-
sion's approved Statement of Policies and Procedures, we are hereby
requesting City Council approval of one (1) Housing Rehabilitation
Grant Award. The. grant amount is based on the actual cost of the
rehabilitation as determined by the low bidder, plus a 5% contingen-
cy. The contingency may be used for change orders. All unused funds
will remain with the Housing Rehabilitation grant program.
Inspection of work will be done by the City's Buil~ing and Inspection
Department and the Community Development Division. Rehabilitation
contracts will be awarded to the low bidder. Contracts will be
executed between the building contractor and the property owner. The
City remains the agent and this office will monitor all work per-
formed by the contractor and will ensure compliance according to
specifications and program guidelines. Pay Request forms will
require both contractor and homeowner's signatures. Grant recipients
have met all eligibility requirements as specified in the approved
Policies and Procedures. The rehabilitation activity will bring the
homes to minimum code requirements by repairing roofs, electric and
plumbing systems and correcting other incipient code violations.
Detailed work write-up and the individual case file is available for
review at the Community Development Division Office. The Contract
Award and Bid Summary sheet are attached for your reference.
Housing Rehab Grant Awards are requested for the following:
Casell
Address
Grant Amount
88-024HR
348 SW 4TH AVENUE
$17,000.00
HR2
,
tJ.1 :.16 7
r IJF EFT"F:' All /'\',~; IVL\ I IFW:
l
"
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
HOUSING REHABILITATION ACTIVITY
",
BID INFORMATION SHEET
BID II: 88-107
APPLICANT: Susie Russell
APPLICATION II: 88-024hr
ADDRESS OF PROPERTY: 348 Southwest 4th Avenue
DATE BIDS LETTERS: 9/9/88
DATE BIDS OPENED: 9/14/88
NAME OF CONTRACTORS AMOUNT OF BID
FIRST CONSTRUCTION OF THE PALM BEACH, INC.
FRANK FIDLER/JAMES BROWN
GEMINI CONSTRUCTION ENTERPRISES, INC.
E. GRIMM, INC.
HENRY L. HAYWOOD
NORENE CONSTRUCTION COMPANY,INC.
HOWARD RIENECKER
ROWE & CAMPBELL
FEC
DARRY L. COOK
PRESTON CONSTRUCTION
B & JR Construction
\,
16.500.00
16.465.00***
IN-HOUSE ESTIMATE: 16,777.00
CONTRACTOR AWARDED CONTRACT: B &. Jr Construction
CONTRACT AMOUNT: 16, 465.00
COMMENTS: *** Low Bidder
.
l
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