Agenda Reg 05-02-00CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING
MAY 2, 2000 - 6:00 P.M.; PUBLIC HEARING 7:00 P.M.
COMMISSION CHAMBERS
993
The City will furnish auxiliary aids and services to afford an
individual with a disability an opportunity to participate in and enjoy
the benefits of a service, program, or activity conducted by the City.
Contact Doug Randolph 243-7127 (voice), or 243-7199 (TDD), 24 hours
prior to the event in order for the City to accommodate your request.
Adaptive listening devices are available for meetings in the Commission
Chambers.
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with
the order of presentation being as follows: City Staff, public
comments, Commission discussion and official action. City Commission
meetings are business meetings and the right to limit discussion rests
with the Commission. Generally, remarks by an individual will be
limited to three minutes or less. The Mayor or presiding officer has
discretion to adjust the amount of time allocated.
A. Public Hearings:
under this section.
Any citizen is entitled to speak on items
B. Comments and Inquiries on Non-Agenda Items from the Public:
Any citizen is entitled to be heard concerning any matter within
the scope of jurisdiction of the Commission under this section.
The Commission may withhold comment or direct the City Manager to
take action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item under
these sections.
2. SIGN IN SHEET: Prior to the start Of the Commission Meeting,
individuals wishing to address public hearing or non-agendaed items
should sign in on the sheet located on the right side of the dais. If
you are not able to do so prior to the start of the meeting, you may
still address the Commission on an appropriate item. The primary
purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the
sign-in sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up
to the podium and state your name and address for the record. All
comments must be addressed to the Commission as a body and not to
individuals. Any person making impertinent or slanderous remarks or who
becomes boisterous while addressing the Commission shall be barred by
the presiding officer from speaking further, unless permission to
continue or again address the Commission is granted by a majority vote
of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made
by the City Commission with respect to any matter considered at this
meeting, such person will need to ensure that a verbatim record includes
the testimony and evidence upon which the appeal is based. The City
neither provides nor prepares such record.
AGENDA
me
2.
3.
4.
5.
Se
Roll Call.
Invocation·
Pledge of Allegiance to the Flag.
Agenda Approval.
Approval of Minutes:
Regular Meeting of April 18, 2000
Proclamations:
A. Salvation Army Week - May 14 through 20, 2000
B. Safe Boating Week - May 20 through 26, 2000
Preeentations:
A. Sister Cities International Young Artist Competition
Certificates of Appreciation and Awards Presentation
Consent Agenda: City Manager recommends approval.
A.
Bo
ACCEPTANCE OF EASEMENT DEED FROM AURORA HOMES, INC.: Accept
an easement deed granting to the City an easement to allow for
the installation and maintenance of an 8" gravity sewer main
that will connect the City's gravity sewer system to the Coral
Trace development's gravity sewer system.
GRANT OF EASEMENT TO BELLSOUTH: Approve the grant of an
easement to BellSouth to allow for the installation of a
switch box behind the Boy Scout Hut located on the north side
of Lake Ida Road.
GRANT APPLICATION TO CHILDREN'S SERVICES COUNCIL: Authorize
staff to submit a grant application to the Children's Services
Council for funding in the approximate amount of $123,502 in
support of the City's out of school program, day camps and
summer camp program.
RESOLUTION NO. 36-00: Approve a resolution authorizing the
City Manager to apply for funding for landscape improvements
along Lake Ida Road (Congress Avenue to Military Trail)
Regular Commission Meeting
May 2, 2000
through Palm Beach County's
Beautification Grant Program.
2000/2001
Thoroughfare
FINAL PAYMENT/HELLER-WEAVER & SHEREMETA (LAYER'S PROPERTY
SURVEY WORK): Approve final payment in the amount of
$8,355.00 to Heller-Weaver & Sheremeta, Inc. for completion of
the survey work associated with the Laver's property, with
funding from 001-2911-519-31.30 (Engineering/Architectural).
CLOSEOUT CHANGE ORDER ~1 AND FINAL PAYMENT/MURRAY LOGAN
CONSTRUCTION (REHABILITATION OF LIFT STATIONS): Approve
closeout Change Order %1 in the net deduct amount of $881.00
and final payment in the amount of $15,645.40 to Murray Logan
Construction, Inc. for completion of the Rehabilitation of
Lift Stations 13, 24 & 26 project, with funding from
442-5178-536-61.83 (Lift Station Conversion to Submersible).
INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY/N.E. 4TH STREET
..(SWINTON AVENUE TO N.E. 6TH AVENUE): Approve an interlocal
agreement between the City and Palm Beach County which will
transfer control of the right-of-way along N.E. 4th Street
(from Swinton Avenue to N.E. 6th Avenue) to the City, and
provide for reimbursement of up to $234,500 from the County
for improvements along this corridor.
RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT
Jo
Ke
AND DISPOSAL BOARD ACTIONS: Ratify the various actions
approved by the South Central Regional Wastewater Treatment
and Disposal Board at the quarterly meeting of April 20, 2000.
RESOLUTION NO. 37-00: Approve a resolution assessing costs
for action necessary to abate nuisances on seventeen (17)
properties throughout the City.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept
the actions and decisions made by the Land Development Boards
for the period April 17th through April 28, 2000.
AWARD OF BIDS AND CONTRACTS:
Bid award to Chemical Lime Company of Alabama, Inc., via
City of Boynton Beach co-op bid, for the purchase of bulk
quicklime at an estimated annual cost of $313,379.80,
with funding from 441-5122-536-52.21 (Water Treatment &
Storage - Chemicals).
Bid award for the air conditioning services and repairs
annual contract to Atlantic Refrigeration as primary
contractor and to CGR Construction Company as secondary
contractor, at an estimated annual cost of $27,640 with
funding from various departmental operating budgets.
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Regular Commission Meeting
May 2, 2000
9. Regul&r Agenda:
CONDITIONAL USE MODIFICATION/EXPANSION OF DRUG ABUSE
FOUNDATION: Consider a request for conditional use
modification to allow the construction of an 80-bed dormitory
and associated parking at the Drug Abuse Foundation of Palm
Beach County (Siemens-Evert Campus), increasing the number of
beds by 36 for a total of 150 beds. The subject property is
located at the southwest corner of Swinton Avenue and S.W. 4th
Street and is zoned CF (Community Facilities).
B o
SPECIAL EVENT REQUEST/DOWNTOWN SPRING ART FESTIVAL: Consider
a request for special event approval for the 2nd Annual
Downtown Spring Art Festival to be held on Saturday and
Sunday, May 27 and 28, 2000, including temporary use permit,
staff support, and waiver for event signage.
SPECIAL EVENT REQUEST/HAITIAN FLAG DAY: Consider a request
for special event approval for the Haitian Flag Day
Celebration to be held on Sunday, May 21, 2000, including
temporary use permit, staff support, use of City equipment,
and consideration of waiving overtime costs.
Do
AMENDED AND RESTATED AGREEMENT WITH COCA-COLA: Consider
approval of an amended and restated agreement with Coca-Cola
Enterprises, Inc., d/b/a Florida Coca-Cola Bottling Company.
10. Public Hearings:
Ao
ORDINANCE NO. 10-00 (VALET PARKING OUEUE SIG~NS): An ordinance
amending Chapter 71, "Parking Regulations", of the City Code
by amending Section 71.022, "Parking Prohibited During Certain
Hours on Certain Streets", to provide for the use of valet
parking queues.
11.
Comments and Inquiries on Non-Agenda Items
Immediately following Public Hearings.
from the Public-
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. First Readings:
a. 1.
ORDINANCE NO. 11-00: An ordinance amending the Land
Development Regulations to establish notification
requirements for specified waivers. If passed, a public
hearing will be scheduled for May 16, 2000.
o
ORDINANCE NO. 11-00A: An ordinance amending the Land
Development Regulations to establish notification
requirements for specified waivers, and giving authority
to the Historic Preservation Board to grant waivers for
-4-
Regular Commission Meeting
May 2, 2000
historic properties. If passed, a public hearing will be
scheduled for May 16, 2000.
13. Comments and Inquiries on Non-A~enda Items.
City Manager
City Attorney
City Commission
-5-
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - MAY 2, 2000 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
ADDITIONAL INFORMATION IS PROVIDED FOR THE FOLLOWING:
Consent Agenda:
A. ACCEPTANCE OF EASEMENT DEED FROM AURORA HOMES, INC.:
Accept an easement deed granting to the City an easement
to allow for the installation and maintenance of an 8"
gravity sewer main that will connect the City's gravity
sewer system to the Coral Trace development's gravity
sewer system.
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - MAY 2, 2000 - 6:00 P.M.
COMMISSION CHAMBERS
AG ,'VDA
THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEMS:
6.C.
A Proclamation recognizing and commending the members of the Florida Atlantic
University Football Program's Student Booster Team (Stac~ Hawkins, Bill Eaton, Cedric
Williams, Shaun Thompson and Lee Pasick) on their achievement of winning the 27~
Annual Honolulu International Bed Race competinon.
7.B. Presentation on Tennis Center naming rights (introduction by Brahm Dubin).
Addendum. May 2, 2000.Reg. Mtg
Golf & Tennis Management, Development & Consultation
MEMORANDUM
DATE: May 2, 2000
TO: Dave Harden
FROM: Brahm Dubin
RE: Naming Rights
In 1994 the City of Delmy Beach increased the size of the Delmy Beach Tennis
stadium to over 8000 seats, paid in its entirety with $1.4 million in funding from the
Tourist Development Council of Palm Beach County, in the anticipation of hosting
annual women's and men's professional tennis tournaments that would effectively market
our City to the world.
Unfortunately, we lost the Virginia Slims of Florida, the Virginia Slims Legends
Tourney and were left with one contract with Palm Acts, Inc. to promote "Concerts".
This relationship, as we know, did not meet the expectations of our City and was
subsequently terminated.
In 1996, the City approached Dubin & Associates to take over the responsibility
of managing the day to day operations of the Tennis Center as well as bringing events to
our stadium.
Our goals from the beginning were publicly stated.
We stipulated that we would at first host USTA Satellite and USTA Challenger
professional teams tournaments in order to promote our tennis center as a venue suitable
for bigger things to come.
We knew that it would cost the City money at first, knowing that we were
"investing" money in the short term to benefit in the long term.
Within 2 years, Dubin & Associates assisted in bringing world class tennis such
as the Nuveen Tour and the Chris Evert Pro Celebrity.
We were so successful that we won the right to host the 1998 Davis Cup Final
based on our reputation as a Tennis Facility worthy of such a prestigious event.
2200 Highland Avenue · Delray Beach, FL 33445 · (561) 243-7064 · Fax (561) 243-7386
Although our US Team lost to Italy in the Semi Finals, the City of Delray Beach
became recognized around the world as a serious world class tennis venue, worthy of the
rifle, "Tennis Capital".
The publicity that we achieved motivated Mr. Mark Baron of Matchpoint, Inc. to
initiate discussions with Dubin & Associates to bring his ATP Men's Tourney to Delmy
Beach.
A dream in 1996 became a reality in 1999.
1999 was an exciting year for our stadium.
We hosted the Citrix Tennis Tourney, televised nationally on Fox Sport Net; the
Chris Evert Pro Celebrity, televised nationally on ESPN; hosted Archbishop Desmond
TuTu, and served as the main attraerion on First Night to approximately 10,000
spectators.
In 2000, we added our ya nationally televised event in partnership with the Palm
Beach County Sports Commission.
We are now the site for the Sunkist Tourney of Champions, a men's professional
volleyball event, televised nationally on Fox Sports Net.
The City of Delray Beach is very effectively utilizing our facility to market itself
to the world.
Without question, our City is alive and well, in a small part due to our marketing
efforts.
However, our goal was made clear years ago that it was always our intention to
bring these events to our City, at a cost to the City that eventually would be recouped
by the City with the selling of Naming Rights.
Naming Rights are sold by many venues across the Country as a method to
subsidize the operating costs.
The previous City Commission understood and approved our business plan.
It seems apparent that there are taxpayers who simply can not accept our Tennis
Center losing money.
They simply can not accept the comparison of our Tennis Center operation to the
Tennis operation at Pompey Park, or that we provide quality of life to our residents that
equates to .5% of our City Annual General Fund Budget.
We believe that Naming Rights can satisfy those concerns.
u:\bd\memos\city comm%.doc 2
Within 2 years, we no longer pay Matchpoint, Inc. an annual fee. In fact, we
share in certain sponsorship revenues and split Naming Rights revenues equally.
Therefore, it is planned that the Tennis Center Stadium will be profitable
within 3 years.
The selling of Naming Rights is the final action in a business plan initiated
and conceived back in 1996.
Dubin & Associates believes that with proper controls in place, that it it is
in the best interest of our City to sell Naming Rights.
In 1999 Dubin & Associates initiated efforts to sell naming rights, on
behalf of the City.
Contacts were made with local companies such as Office Depot,
Seagrams, Levengers, Nations Bank, Bell South, Citrix, Rexall Sundown, just to
name a few, all to no avail.
At least thirty naming rights packages were mailed out utilizing our
contacts in sports and Corporate America.
Dubin & Associates has contacted companies and individuals specializing
in Sponsorship sales such as McCann Erikson, IMG, Front Row Marketing, Pro
Sports & Marketing, Berger Marketing, Ad Art, Matchpoim, Inc., Mr. Gerald
Baron, Mr. John Burke and Mr. Start Cotton.
Our contacts ranged from worldwide advertising agencies, to one of the
largest sports marketing companies in the world, to individuals with vast
experience in sports marketing.
In all cases, we were not able to generate enough interest for a company or
an individual to take on our project.
Our goal is to sell naming rights. Our goal is to find a company with
motivation which we believe will take on our project seriously.
Giving a company an exclusive contract for 6 months emphasizes a sense
of emergency for them, knowing that they only have 6 months to bring a deal to
the table.
Dubin & Associates is proposing that we utilize the services of Flight
Media on a commission basis only for a six month exclusive period to sell naming
rights for the Delray Beach Tennis Center.
u:\bd\m~mos\c£t~ corm~oc 3
Flight Media was referred to us as a company who has the expertise,
ability and the motivation to handle a deal of this size.
In essence, this deal is a small one in comparison to naming rights
packages being sold across the country.
Flight Media's President, Alex McKenzie, has experience in sport
marketing and specifically, in South Florida.
Flight Media won the bid for Naming Rights and installing new LED
scoreboard systems including advertising rights for the Orange Bowl in Miami.
In addition, Flight Media was successful in winning the bid to install the
scoreboard including advertising rights for the Citrus Bowl in Orlando.
Since 1992 Alex McKenzie has been involved in advertising including
TV, radio, print, outdoor, stadium, airport and event signage.
Past and present clients include Kenny Rogers Roasters, Bryans Foods -
Division of Sara Lee, and such airports as Miami International and Fort
Lauderdale.
The proposed contract between the City of Delmy Beach and Flight
Media, Inc. includes the following key points:
1. Term is 6 months
2. Minimum Sponsorship $250,000 P.A.
3. Exclusive contract for 6 month period
Base commission of 15%, with incentive clauses on gross
sponsorship dollars exceeding $250,000 P.A., and an additional
incentive on net sponsorship dollars exceeding $175,000 P.A.
Commission only agreement payable only on receipt of funds from
sponsor
We believe that our interests will be best served by a small company with
experience in sport marketing who is very motivated by this project.
We believe that the timing is now right for the City to take advantage of
the local, national and international exposure that the Tennis Center is getting to
cash in on the benefit of selling Naming Rights.
u:\bd\memos\city co~.doc
4
NAY 2, 2000
A Regular Meeting of the City Commission of the City
of Delray Beach, Florida, was called to order by Mayor David
Schmidt in the Commission Chambers at City Hall at 6:00 p.m. on
Tuesday, May 2, 2000.
Roll call showed:
Present - Commissioner Patricia Archer
Commissioner Alberta McCarthy
Commissioner Jeff Perlman
Commissioner Bill Schwartz
Mayor David Schmidt
Absent - None
Also present were - City Manager David T. Harden and
City Attorney Susan A. Ruby
$. The opening prayer was delivered by Rabbi Suzanne
Carter, Chaplin for the Delray Beach Police and Fire Department.
3. The Pledge of Allegiance to the flag of the United
States of America was given.
Aqenda Approval.
Mayor Schmidt noted that Item 6.A., Proclamation in
recognition of Salvation Army Week, would be removed from to-
night's agenda and rescheduled for the next regular meeting. He
further noted the addition of Item 6.C., Proclamation recogniz-
ing the members of the Florida Atlantic University Bed Race Team
which won the international competition, and Item 7.B., Presenta-
tion on Tennis Center naming rights. Mayor Schmidt also comment-
ed that additional backup was provided for Item 8.A., Acceptance
of Easement Deed from Aurora Homes.
Mrs. Archer moved to approve the agenda as amended,
seconded by Ms. McCarthy. Upon roll call the Commission voted
as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz
- Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion
passed with a 5 to 0 vote.
Approval of Minutes:
Mrs. Archer moved to approve the Minutes of the Regu-
lar Meeting of April 18, 2000, seconded by Mr. Schwartz. Upon
roll call the Commission voted as follows: Mrs. Archer - Yes;
Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr.
Perlman - Yes. Said motion passed with a 5 to 0 vote.
Proclamations=
6.A. Salvation Army Week - May 14 through 20, 2000.
(THIS ITEM WAS REMOVED FROM THE AGENDA AND RESCHEDULED FOR MAY
16, 2000.)
6.B·
Safe Boatinq Week - May 20 throuqh 26, 2000.
Mayor Schmidt read and presented a proclamation in
recognition 'of National Safe Boating Week, urging all citizens
to support the goals of the National Safe Boating campaign and
U.S. Coast Guard Auxiliary and efforts to promote safe boating.
Mr. Bernard Englander, U.S. Coast Guard Auxiliary,
Flotilla 54, came forward to accept the proclamation and thanked
the City Commission for their support of this worthwhile endeav-
or.
6.C. Recoqnizinq and commendinq the members of the Florida
Atlantic University Football Program's Student Booster Team
(Staci Hawkins, Bill Eaton, Cedric Williams, Shaun Thompson and
Lee Pasick) on their achievement of winning the 27th Annual
Honolulu International Bed Race competition.
Presentation of this proclamation was deferred until
later in the meeting when the members of the FAU Bed Race Team
arrived at the meeting on their way home from Hawaii.
Presentations:
7.A. Sister Cities International Younq Artist Competition -
Certificates of Appreciation and Awards Presentation.
Mayor Schmidt introduced Charlotte Durante, President
of Delray Beach's Sister Cities organization.
Charlotte Durante gave a brief overview of the Sister
Cities program. One of the focuses has been on the involvement
of young people in the program as it is very important for them
to grow up learning about other cultures and learning to appreci-
ate other cultures. The Sister Cities Student Exchange Program
has been very well received. The Young Artists Program is
another way in which young people can express themselves,
through original artwork, their concept of the Sister Cities
mission. The theme of the competition for the year 2000 was
"Peace Begins at Home". Mrs. Durante congratulated all of the
entrants on the wonderful artwork that was submitted. They were
very difficult to judge; however, it was necessary to select at
least one winner to send on to the next level.
Mayor Schmidt then presented the following awards:
Carver Middle School
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Participating Artists
Elana Bloom
Ryan Bourdon
Gina Brown
Laura Gratto
Honorable Mention
Charde' Maldonado
3rd Place
Christy Lee
2nd Place
Lindsay Harris
1st Place
Bradley Searles
Atlantic High School
2nd Place
Mathieu Joseph
1st Place & Overall Winner
Elizabeth Godwin
7.B. Presentation on Tennis Center naming rights (introduc-
tion by Brahm Dubin).
Brahm Dubin reviewed with the City Commission his
memorandum dated May 2, 2000, which Gave a history of how the
City reached the current juncture with the naminG rights issue.
He stated that the Goal is to sell naminG rights and to find a
company with motivation that will take on the project serious-
ly. GivinG a company an exclusive contract for six (6) months
emphasizes a sense of urgency, knowinG that they only have six
months to brinG a deal to the table. Mr. Dubin stated that his
proposal is to use the services of FliGht Media, Alex McKenzie,
President, on a commission basis only for a six month exclusive
period to sell naminG rights for the Delray Beach Tennis Center.
Alex McKenzie, President of Flight Media, introduced
himself to the City Commission. He reviewed his accomplishments
in the field and discussed the merits of the Delray Beach Tennis
Center in offering naming rights.
-3- 05/02/00
On question from the City Manager as to the timing
involved with corporate budget calendars, Mr. McKenzie stated
that we are at a fairly critical time for something to happen
for the year 2001. Most corporate monies for the year 2000 are
gone and corporations are going through budgets for the year
2001 right now.
Mayor Schmidt stated that previous Commissions were
comfortable with the idea of selling the naming rights for the
Tennis Center. He asked if the present Commission is still
comfortable with the concept?
Mrs. Archer commented that when the naming rights
concept first came up, she was not all that comfortable with
it. However, she felt there could be a real advantage to public-
ly merchandising Delray Beach and the fact that it is in Palm
Beach County, especially with all of the publicity that Miami
has been receiving recently. At this point she would be in
favor of the concept.
On question from Ms. McCarthy, the City Manager stated
that the proposal numbers are based on what other events have
sold for in this area on a per attendee basis. They are dis-
counted somewhat for the City's smaller facility. They are
negotiable, up or down, but it is felt that they represent a
reasonable price for the advertising an entity would get at the
facility.
On question from Mr. Schwartz, the City Manager stated
that the fee for the naming rights would be, at a minimum,
$250,000 per year. The City agreed to pay Match Point
$1,050,000 over a four year period and the County is paying us
$255,000 ($85,000 over three years), so over the four year
period the City has a net cost of roughly $800,000 in round
numbers. After that the City will no longer make payments to
Match Point for the Citrix tournament, so that is when the City
has the opportunity to start recouping what has been paid out in
the earlier years through the later years of the contract. But
selling the naming rights is a key to making all of that happen.
On further question from Mr. Schwartz, the City Manag-
er stated that we could look at getting funds from the state.
Mr. Perlman commented that he had not seen this item
until about 15 minutes ago and he felt it required a rather
serious decision. He would prefer to digest it a little more,
and he would also have preferred to heard from a couple of
different companies so that there could be a relative evaluation
and comparison. He did not have a problem with the concept of
selling naming rights, but would be more comfortable with making
this kind of decision with a little more notice.
Mayor Schmidt stated that he felt the consensus is
that the Commission is comfortable with the concept of selling
-4- 05/02/00
the naming rights. Mayor schmidt then asked if there was a
consensus to direct staff to put together a contract with Mr.
McKenzie? He stated that he concurred with Commissioner Perlman
about the short notice on this item, but on the other hand he
really did not see any down side for the City with the six month
term and commission only as opposed to paying a fee. It was the
majority consensus of the City Commission (Mr. Perlman dissent-
ing) to direct staff to proceed with the contract.
CONSENT AGENDA: City Manager recommends approval.
8.A. ACCEPTANCE OF EASEMENT DEED FROM AURORA HOMES, INC.:
Accept an easement deed granting to the City an easement to
allow for the installation and maintenance of an 8" gravity
sewer main that will connect the City's gravity sewer system to
the Coral Trace development's gravity sewer system.
8.B. GRANT OF EASEMENT TO BELLSOUTH: Approve the grant of
an easement to BellSouth to allow for the installation of a
switch box behind the Boy Scout Hut located on the north side of
Lake Ida Road.
8oCo
GRANT APPLICATION TO CHILDREN'S SERVICES COUNCIL:
Authorize staff to submit a grant application to the Children's
Services Council for funding in the approximate amount of
$123,502 in support of the City's out of school program, day
camps and summer camp program.
$.D. RESOLUTION NO. 36-00: Approve a resolution authoriz-
ing the City Manager to apply for funding for landscape improve-
ments along Lake Ida Road (Congress Avenue to Military Trail)
through Palm Beach County's 2000/2001 Thoroughfare Beautifica-
tion Grant Program.
The caption of Resolution No. 36-00 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING
THE CITY MANAGER TO APPLY FOR FUNDING
THROUGH PALM BEACH COUNTY'S 2000/2001 THOR-
OUGHFARE BEAUTIFICATION GRANT PROGRAM FOR
LAKE IDA ROAD.
(The official copy of Resolution No. 36-00 is on file
in the City Clerk's office.)
8.E. FINAL PAYMENT/HELLER-WEAVER & SHEREMETA (LAYER'S
PROPERTY SURVEY WORK): Approve final payment in the amount of
$8,355.00 to Heller-Weaver & Sheremeta, Inc. for completion of
the survey work associated with the Laver's property, with
funding from 001-2911-519-31.30 (Engineering/Architectural).
8.F. CLOSEOUT CHANGE ORDER ~1 AND FINAL PAYMENT/MURRAY
LOGAN CONSTRUCTION (REHABILITATION OF LIFT STATIONS): Approve
-5- 05/02/00
closeout Change Order #1 in the net deduct amount of $881.00 and
final payment in the amount of $15,645.40 to Murray Logan Con-
struction, Inc. for completion of the Rehabilitation of Lift
Stations 13, 24 & 26 project, with funding from
442-5178-536-61.83 (Lift Station Conversion to Submersible).
8.G. INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY/N.E. 4TH
STREET (SWINTON AVENUE TO N.E. 6TH AVENUE): Approve an interlo-
cal agreement between the City and Palm Beach County which will
transfer control of the right-of-way along N.E. 4th Street (from
Swinton Avenue to N.E. 6th Avenue) to the City, and provide for
reimbursement of up to $234,500 from the County for improvements
along this corridor.
SoHo
RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS: Ratify the various ac-
tions approved by the South Central Regional Wastewater Treat-
ment and Disposal Board at the quarterly meeting of April 20,
2000.
8.I. RESOLUTION NO. 37-00: Approve a resolution assessing
costs for action necessary to abate nuisances on seventeen (17)
properties throughout the City.
The caption of Resolution No. 37-00 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO
CHAPTER 100 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR
ABATING NUISANCES UPON CERTAIN LAND(S)
LOCATED WITHIN THE CITY OF DELRAY BEACH AND
PROVIDING THAT A NOTICE OF LIEN SHALL ACCOM-
PANY THE NOTICE OF ASSESSMENT; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO ACCOM-
PLISH SUCH ABATEMENT AND LEVYING THE COST OF
SUCH ABATEMENT OF NUISANCES; PROVIDING FOR
AN EFFECTIVE DATE AND FOR A DUE DATE AND
INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING
SAID LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS.
(The official copy of Resolution No. 37-00 is on file
in the City Clerk's office.)
8oJo
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development
Boards for the period April 17th through April 28, 2000.
8.K. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Chemical Lime Company of Alabama,
Inc., via City of Boynton Beach co-op bid, for
6 05/02/00
the purchase of bulk quicklime at an estimated
annual cost of $313,379.80, with funding from
441-5122-536-52.21 (Water Treatment & Storage -
Chemicals).
Bid award for the air conditioning services and
repairs annual contract to Atlantic Refrigeration
as primary contractor and to CGR Construction
Company as secondary contractor, at an estimated
annual cost of $27,640 with funding from various
departmental operating budgets.
Mrs. Archer moved to approve the Consent Agenda,
seconded by Mr. Perlman. Upon roll call the Commission voted as
follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt
- Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed
with a 5 to 0 vote.
At this point, the time being 7:00 p.m., the City
Commission moved to the duly advertised Public Hearings portion
of the agenda.
10.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 10-00 (VALET PARKING OUEUE SIGNS): An
ordinance amending Chapter 71, "Parking Regulations", of the
City Code by amending Section 71.022, "Parking Prohibited During
Certain Hours on Certain Streets", to provide for the use of
valet parking queues. Prior to consideration of passage of this
ordinance on Second and FINAL Reading, a public hearing has been
scheduled to be held at this time.
The City Manager presented Ordinance No. 10-00:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 71, "PARKING REGULATIONS". OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, BY AMENDING SECTION 71.022, "PARKING
PROHIBITED DURING CERTAIN HOURS ON CERTAIN
STREETS" TO PROVIDE FOR THE USE OF VALET
PARKING QUEUES; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 10-00 is on file
in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
A public hearing was held having been legally advertised in
compliance with the laws of the State of Florida and the Charter
of the City of Delray Beach, Florida.
Mayor Schmidt declared the public
Speaking from the audience was the following:
hearing open.
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John Bennett, 137 Seabreeze Avenue, stated that he
supports the ordinance but feels it should be made very clear
through signage as to the situation and associated penalties.
The current signs are not all that clear, especially to people
who are new to the area, and there are discrepancies on differ-
ent signs that need to be straightened out so that there is
consistency as well as clarity.
There being no one else from the audience who wished
to address the City Commission, the public hearing was closed.
Mrs. Archer moved to approve Ordinance No. 10-00 on
Second and FINAL Reading, seconded by Mr. Schwartz. Upon roll
call the Commission voted as follows: Ms. McCarthy - Yes; Mayor
Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr.
Schwartz - Yes. Said motion passed with a 5 to 0 vote.
11. Comments and Inquiries on Non-Agenda Items from the
Public-Immediately following Public Hearings.
11.A. City Manager's response to prior public comments and
inquiries.
There were no responses to prior public comments and
inquiries.
11 .B.
From the Public.
11.B.1. Alice Finst, 707 Place Tavant, inquired about the
status of the property located at 1000 Lake Ida Road, commonly
known as the Marine Way or blue building. She stated that the
matter of the liens on this property has been brought up before,
and she asked that the outstanding liens on this property as
well as outstanding liens in general be placed on a future
workshop agenda.
Mrs. Finst also asked that the Davis Road connector be
placed on an upcoming workshop for discussion so that residents
of the area and concerned citizens will know what the City plans
to do about providing a connector to Atlantic Avenue, especially
when the Lake Ida Road construction begins.
Following discussion, Mayor Schmidt asked that an
update on the Lake Ida Road property (blue building) be provided
at the May 9th workshop.
11.B.2. Jean Beer, 2145 S.W. 26th Terrace, stated that she has
had contact with people living in the Sudan and Delray Shores
subdivisions who want Davis Road opened up as a connector to
Atlantic Avenue. There is concern about how these people are
going to get in and out of the area when Lake Ida Road is wid-
ened.
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Mrs. Beer then thanked the City Manager for faxing to
her the information on legislation. She stated that she had
written to the Governor and had advised all of PROD's board
members to do likewise about the billboard situation and several
other things.
Mrs. Beer stated that one of the big concerns at the
last Presidents Council meeting was the amount of roaming dogs
in the City. She commented that Carolyn Zimmerman had found out
there will be free spaying and rabies shots available at Linton
Center, which is at the northeast corner of Linton Boulevard and
Congress Avenue, on May 3rd through 6th and May 10, 11 and 12,
2000. This information was put on their phone tree to all of
the neighborhood associations in the hope that they will forward
the message to their members.
With respect to the Tennis Center naming rights issue,
Mrs. Beer commented that she personally hates to see another
great opportunity rushed in with no advertisement and nobody in
the public knows about it, and the Commission being put in the
position of having to make a decision on the spot. She felt
this was terrible because we have made mistake after mistake
after mistake with great opportunities that were too wonderful
to be missed. She hoped that these things would stop.
11.B.3. Kenneth Gray, resident of Delra¥ Shores, spoke concern-
ing a Davis Road connection to Atlantic Avenue. He stated that
the Davis Road intersection at Lake Ida Road is already a very
congested area, and during the Lake Ida Road construction the
situation is only going to get worse. The area residents need
relief at that intersection and he felt there should be another
route out of the neighborhoods. Mr. Gray commented that the
4-1aning of Lake Ida Road is not going to help people getting
through the Davis Road/Lake Ida Road intersection. He suggested
the possibility of building a bridge over the canal through to
Congress Avenue or reopening the road that is there. He felt it
would be very beneficial to everyone in these communities to
have another way out of the neighborhoods without having to come
to the intersection at Lake Ida/Davis Roads to make a left or
right turn.
At this point, Ms. McCarthy commented that she was
under the impression that there were about two or three exits
out of Delray Shores. Nonetheless, the majority of people go to
the intersection at Davis and Lake Ida Roads. She asked Mr.
Gray is he knew why that is? Mr. Gray responded that it is very
difficult to make either a right or left hand turn out of any of
the three intersections, especially at peak travel times.
Mayor Schmidt commented that County Commissioner
McCarty has advised that while traffic at that intersection does
not warrant a traffic signal right now, that the County would
reexamine it after the road is widened. Mr. Gray stated that he
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did not think that a light would help the situation and that
there needs to be another route out.
11.B.4. Donald A11grove, resident of Rainberry Lake, stated
that he had inquired some time ago about the feasibility of
having the cost of water bills automatically deducted from
checking accounts. The response he was given at that time was
that the City would be looking into it. Mr. Allgrove asked if
this had been done yet and if he could get a status on it?
At this point, the Commission returned to the regular
agenda.
REGULAR AGENDA:
(Note: Mayor Schmidt passed the gavel to Vice-Mayor Archer and
stepped down for the following item. Form 8B, Memorandum of
Voting Conflict for County, Municipal, and Other Local Public
Officers, is on file in the City Clerk's office.)
9oAo
CONDITIONAL USE MODIFICATION/EXPANSION OF DRUG ABUSE
FOUNDATION: Consider a request for conditional use modification
to allow the construction of an 80-bed dormitory and associated
parking at the Drug Abuse Foundation of Palm Beach County (Sie-
mens-Evert Campus), increasing the number of beds by 36 for a
total of 150 beds. The subject property is located at the
southwest corner of Swinton Avenue and S.W. 4th Street and is
zoned CF (Community Facilities). QUASI-JUDICIAL PROCEEDING
The City Attorney stated this item would be conducted
as a quasi-judicial proceeding which allows for presentations by
all involved parties, the admission of documents into the record
and public testimony.
The City Clerk swore in those individuals who wished
to give testimony on this item.
Jeff Costello, Principal Planner, entered the project
file into the record and gave an overview of the proposed modifi-
cation. He stated that the existing Drug Abuse Foundation
campus located at the southwest corner of Swinton Avenue and
S.W. 4th Street contains 114 beds in three dormitories. The
proposal is to construct a 10,000 sq.ft, dormitory with 80 beds
at the southwest corner of the site adjacent to the City's
Public Works complex. The Planning and Zoning Board considered
the application at a public hearing on April 17, 2000. At that
meeting the applicant revised the application to reflect that
only 44 existing beds would be eliminated (down from 48), result-
ing in a net increase of 36 beds, for a total of 150 beds.
There was no public testimony in opposition or support of the
item. The Board voted 5 to 0 to recommend approval of the
conditional use modification request, based upon positive find-
ings with respect to Chapter 3 (Performance Standards) and
Section 2.4.5(E) (5) of the Land Development Regulations, and
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policies of the Comprehensive Plan, and subject to the following
conditions:
(1) That a site plan application be submitted which
addresses the technical items outlined in Exhibit "A" to the
Planning and Zoning Board staff report and conditions of approv-
al;
(2) That the sketch plan be revised to provide the
minimum required floor area pursuant to LDR Section
4.3.3(D) (1) (a) and the Standard Housing Code; and
(3) That the sketch plan be revised to provide a
minimum of ten percent (10%) of the total floor area devoted to
common area for a variety of recreational or therapeutic activi-
ties, exclusive of halls, corridors, stairs, and elevator shafts
pursuant to LDR Section 4.3.3(D) (1) (b).
Alton Taylor, Executive Director of the Druq Abuse
Foundation at 400 South Swinton Avenue, explained that there is
currently a residential treatment program and a halfway house
program on the site. The increase of 36 beds that will occur
with the modification will not meet the needs of clientele
requesting services from the agency and there are more people on
the facility's waiting list than the new beds will accommodate.
However, one of the things that the new building will allow the
Foundation to do is open 27 new beds for female halfway house
services. The Foundation's Board took the position that while
the number of new beds will not eliminate the waiting list, the
focus at this time should be adding those components to the
treatment facility that are lacking. One of those components
that is lacking is a halfway house program for women. The Board
felt that adding these components would improve the overall
effectiveness of the program, while at the same time lobbying
the county, the state and the federal government for more re-
sources to deal with the wait list.
Ms. McCarthy commented that the criteria of a halfway
house is different from the facility that is currently operat-
ing. She asked if there has been any type of dialogue with the
facility's residential neighbors because the proposed expansion
will make the center a little bit different than it has been?
Mr. Taylor responded by stating that in the ten years the Drug
Abuse Foundation has been at this location, it has been a very
good neighbor in reaching out to the residents, even designing
programs just for the neighborhood. Mr. Taylor felt that the
relationship with the adjacent communities has been excellent
and the facility has been very sensitive to nearby residents.
Mr. Perlman asked if there are any plans to expand
beyond the 150 beds? Mr. Taylor responded that the expansion to
150 beds will pretty much get the facility to where it wants to
be in terms of maintaining a campus-like atmosphere for the
residents. There is no intent to add any additional residential
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services to that site. If the Foundation has the opportunity to
expand residential services, it would be at some other location.
Vice-Mayor Archer applauded the Foundation's goal of
providing a residential component for women. This type of
service has been lacking in the south county area, and she
expressed her appreciation on behalf of the Drug Task Force for
recognizing and acting on this need.
Mr. Perlman moved to approve the conditional use
modification request to expand the Drug Abuse Foundation based
upon the findings and subject to the conditions recommended by
the Planning and Zoning Board. The motion was seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mr.
Perlman - Yes; Vice-Mayor Archer - Yes; Mr. Schwartz - Yes; Ms.
McCarthy - Yes. Said motion passed with a 4 to 0 vote.
Vice-Mayor Archer returned the gavel to Mayor Schmidt
who returned to the dais at this time.
9.B. SPECIAL EVENT REQUEST/DOWNTOWN SPRING ART FESTIVAL:
Consider a request for special event approval for the 2nd Annual
Downtown Spring Art Festival to be held on Saturday and Sunday,
May 27 and 28, 2000, including temporary use permit, staff
support, and waiver for event signage.
Robert A. Barcinski, Assistant City Manager, presented
an overview of the request. Basically, Atlantic Avenue would be
closed from the east side of Venetian Drive to the west side of
Andrews Avenue, tapered south to the west side of Salina. The
use of Veterans Park is requested for vendor parking, as is
staff support for security, traffic control and barricading.
The estimated overtime cost for City services is $3,300 which
will be paid by the event sponsor. Mr. Alan will also provide
for trash removal, port-o-lets and barricade rental. Part of
the proceeds from this event will go to support the Downtown
Joint Venture. Mr. Barcinski stated that staff recommends
approval of the request, contingent on the sponsor providing the
required insurance certificate and a hold harmless agreement.
Mr. Schwartz moved to approve the special event re-
quest for the 2nd Annual Downtown Spring Art Festival as recom-
mended by staff. The motion was seconded by Mrs. Archer. Upon
roll call the Commission voted as follows: Mrs. Archer - Yes;
Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr.
Perlman - Yes. Said motion passed with a 5 to 0 vote.
9.C. SPECIAL EVENT REQUEST/HAITIAN FLAG DAY: Consider a
request for special event approval for the Haitian Flag Day
Celebration to be held on Sunday, May 21, 2000, including tempo-
rary use permit, staff support, use of City equipment, and
consideration of waiving overtime costs.
05/02/00
Robert A. Barcinski, Assistant City Manager, presented
an overview of the request. The celebration is being sponsored
by Our Lady of Perpetual Help Catholic Church Youth Group, and
includes the use of Merritt Park, use of the City's stage, and
staff support for security and trash removal. Also requested is
consideration of waiving overtime costs. Mr. Barcinski noted
that this is a first time event and the estimated total overtime
cost is roughly $800.00; however, if the stage can be set up on
Friday then the cost can be reduced to about $400.00 for securi-
ty costs. He stated that staff recommends approval of the
special event request and consideration of the request to waive
overtime costs. Approval would be contingent on the sponsor
providing the required liability insurance and hold harmless
agreement.
Mr. Schwartz moved to approve the special event re-
quest for the Haitian Flag Day Celebration as recommended by
staff and including the overtime waiver. The motion was second-
ed by Ms. McCarthy. Upon roll call the Commission voted as
follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman -
Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed
with a 5 to 0 vote.
9.D. AMENDED AND RESTATED AGREEMENT WITH COCA-COLA: Consid-
er approval of an amended and restated agreement with Coca-Cola
Enterprises, Inc., d/b/a Florida Coca-Cola Bottling Company.
Brian Shutt, Assistant City Attorney, commented that
the essential terms of the agreement are highlighted in his
memorandum to the City Manager.
The City Manager stated that the key change is the
twelve (12) blackout days to allow the City to pursue other
sponsors.
Mrs. Archer moved to approve the amended and restated
agreement with Coca-Cola, seconded by Mr. Schwartz. Upon roll
call the Commission voted as follows: Mayor Schmidt - Yes; Mr.
Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms.
McCarthy - Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 7:40 p.m., the Commis-
sion moved to Item 12, FIRST READINGS, on the agenda.
12.
FIRST READINGS:
12.A.1. ORDINANCE NO. 11-00: An ordinance amending the Land
Development Regulations to establish notification requirements
for specified waivers. If passed, a public hearing will be
scheduled for May 16, 2000.
The City Manager presented Ordinance No. 11-00:
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AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SECTION 4.1.4, "USE OF LOTS OF RECORD",
SECTION 4.3.1, "APPLICATION OF DISTRICT
REGULATIONS", AND SECTION 5.1.6, "COMPLIANCE
WITH ZONING REGULATIONS", OF THE LAND DEVEL-
OPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, TO ESTABLISH NOTIFICATION REQUIRE-
MENTS FOR THE GRANTING OF RELIEF FROM CER-
TAIN MINIMUM LOT DIMENSIONS; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 11-00 is on file
in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
12.A.2. ORDINANCE NO. 11-00A: An ordinance amending the Land
Development Regulations to establish notification requirements
for specified waivers, and giving authority to the Historic
Preservation Board to grant waivers for historic properties. If
passed, a public hearing will be scheduled for May 16, 2000.
The City Manager presented Ordinance No. ll-00A:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SECTION 4.1.4, "USE OF LOTS OF RECORD",
SECTION 4.3.1, "APPLICATION OF DISTRICT
REGULATIONS", AND SECTION 5.1.6, "COMPLIANCE
WITH ZONING REGULATIONS", OF THE LAND DEVEL-
OPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, TO ESTABLISH NOTIFICATION REQUIRE-
MENTS FOR THE GRANTING OF RELIEF FROM CER-
TAIN MINIMUM LOT DIMENSIONS; PROVIDING THAT
THE HISTORIC PRESERVATION BOARD MAY GRANT
WAIVERS FOR HISTORIC PROPERTIES TO ALLOW THE
DEVELOPMENT OF A NONCONFORMING LOT OF RECORD
WHICH IS UNDER THE SAME OWNERSHIP AS THE
ADJACENT LOT BASED UPON THE FINDINGS AND
RECOMMENDATION OF THE PLANNING AND ZONING
BOARD; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. ll-00A is on file
in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Jeff Costello, Principal Planner, stated that the
previous City Commission reviewed this amendment on March 7,
2000. At that time the amendment included a provision that the
Historic Preservation Board would have the authority to grant
-14- 05/02/00
certain waivers. The Commission had concerns with that provi-
sion and remanded the proposed amendment to the Historic Preser-
vation Board for consideration. At the Historic Preservation
Board meeting of April 5, 2000, the board recommended that the
text amendment be adopted as originally proposed, with the
Historic Preservation Board being able to grant waivers. Howev-
er, the board requested that if the Commission decided not to
delegate this authority, that the proposed notification be
mailed ten days prior to the meeting at which the Historic
Preservation' Board would make its recommendation on the waiver
as opposed to ten days prior to the Commission meeting. That
would enable the HPB to take public comment into consideration
before making a recommendation on a waiver request.
The City Manager commented that the reason this ordi-
nance was generated is because of the situation that occurred
with the Ogren house on the west side of North Swinton Avenue.
The prospective purchaser wanted to split that property and
build another house on a lot immediately north of the Sam Ogren
house. That was very controversial in the neighborhood and we
received a lot of complaints that there was not adequate given.
That is why this ordinance was created. The City Manager fur-
ther stated that because this is a sensitive issue, he felt it
is something that the Commission may want to deal with direct-
ly. However, if the Commission chooses to delegate authority to
the Historic Preservation Board, he suggested only giving the
HPB waiver authority inside of the historic districts and not
also to buildings on the Local Register of Historic Places which
may be outside of a district because the neighborhood character-
istics may be different outside of a historic district.
Mayor Schmidt commented that he is concerned about the
number of substandard lots throughout the town and he would be
reluctant to delegate the Commission's authority to make the
final decision on these waivers.
Commissioner Schwartz commented that one of the ques-
tions that came up at the goal-setting session was the capabili-
ty of maintaining the price differential on the substandard 50
ft. lots. It was felt there should be a zoning change to allow
the rear and side setbacks on these lots to be decreased so that
people could add on to their homes without getting out of their
price range. While he is extremely appreciative of everything
the Historic Preservation Board does for the City, he felt that
we would be changing the due process procedure if the ordinance
were to be approved.
Ms. McCarthy commented that the term "substandard" is
being used to describe the 50 ft. lots; however, prior to the
City changing the criteria that the frontage of a lot had to be
60 feet when previously people could build homes on lots with 50
ft. frontage, these were not substandard lots. Due to changing
the frontage, many of the 50 ft. lots are no longer buildable
lots if they are not deep enough. This is different from creat-
-z5- 05/02/00
ing a lot which is really substandard. Ms. McCarthy further
stated that there are quite lots in town that have 50 ft. front-
ages on blocks that have homes already built on 50 ft. lots.
These lots are oftentimes in what we refer to as our affordable
communities and what it takes for people who are trying to build
an affordable house to get a waiver and the right to build on
these lots is very costly and time consuming. She felt it to be
an uneven parallel to turn around and say that it should be made
easier for people in other areas where they want to build histor-
ical exceptions to the rule.
To clarify, the City Manager stated that 50 ft. lots
are buildable if one has a 50 ft. lot by itself. The proposed
ordinance only applies to the situation where the same person
owns two (2) fifty ft. lots adjacent to each other. A person
would not be allowed to separate those two lots and build two
houses. It becomes more a question of whether to allow that
additional density or not.
Ms. McCarthy further commented that she believes there
is something of a time sensitive issue involved having to do
with whether a 50 lot had been platted and the plat recorded by
a certain date. If a 50 ft. lot has not been platted, it can be
costly and time consuming in order to make the lot buildable.
Mrs. Archer stated that she did not feel comfortable
at this time turning over the waiver authority to the Historic
Preservation Board and would prefer to see that kept in the
hands of the City Commission.
Mrs. Archer moved to approve Ordinance No. 11-00 on
FIRST Reading, seconded by Mr. Perlman. Upon roll call the
Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman -
Yes; Mrs. Archer - Yes; Mr. Schwartz - No; Ms. McCarthy - No.
Said motion passed with a 3 to 2 vote.
Mrs. Archer moved to DENY Ordinance No. ll-00A on
FIRST Reading, seconded by Mr. Perlman. Upon roll call the
Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer -
Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt -
Yes. Said motion passed with a 5 to 0 vote.
At this point, the City Commission returned to Item
6.C., a proclamation recognizing the members of the FAU Bed Race
Team, inasmuch as the team had arrived at the meeting upon their
return from competition in Hawaii.
6.C. Proclamation recoqnizing and commendinq the members of
the Florida Atlantic University Football Proqram's Student
Booster Team on their achievement of winninq the 27th Annual
Honolulu International Bed Race competition.
Mayor Schmidt read and presented a proclamation recog-
nizing and commending Staci Hawkins, Bill Eaton, Cedric Wil-
-16- 05/02/00
1lams, Shaun Thompson and Lee Pasick, members of the FAU Bed
Race Team, for their victorious efforts in competing in the 27th
Annual Honolulu International Bed Race and bringing home the
title of WORLD CHAMPIONS! On behalf of the City of Delray
Beach, the Mayor extended his congratulations on a job well done.
Comments and Inquiries on Non-Agenda Items.
13 .A.
City Manager.
The City Manager stated that he would be bringing the
Davis Road matter to the City Commission in the near future.
There is a site plan going through the approval process for
development of the Tare property and the Davis Road issue needs
to be addressed before the plans are finalized. He noted that
the existing road was quit-claimed as part of the lawsuit settle-
ment, so even though there is pavement there, whatever interest
the City may or may not have had has been quit-claimed and the
road right-of-way is primarily in the Lake Worth Drainage Dis-
trict canal right-of-way which is what started the whole problem
in the first place. Nonetheless, the matter will be brought to
the Commission for direction on how to proceed.
The City Manager then commented that in filing away
the goal-setting materials that were worked on last week, he
came across the goal-setting list from 1990. He found it inter-
esting that the number one top priority in 1990 was finance and
budgeting, which didn't even make the list this time around. He
felt good that the City had addressed that issue to the point
where people feel very secure about the City's financial sta-
tus. He further commented that the issue of neighborhoods was
quite a bit different than what is being talked about today, and
distributed some detailed information on what was meant by
neighborhoods at that time. Also, the tennis center issue at
that time was about where to put the new center, whether to put
it downtown or in a different location. The City Manager
thought it rather fascinating to see what has changed over the
ten year period.
13 .B.
City Attorney.
The City Attorney had no comments or inquiries.
13 .C.
City Commission.
13.C.1. Commissioner Perlman stated that he felt the goal-set-
ting session was terrific and he truly enjoyed working with
everybody. It was a long day that went by very quickly and he
came out energized from it. He is looking forward to the fol-
low-up sessions.
Mr. Perlman then commented on his monitoring of the
Carver Middle School boundary situation. He stated that he had
recently met with Tom Lynch, who is well aware of the concerns
-17- 05/02/00
that the City has and he will be taking them to the Superinten-
dent. Certain issues, such as siting and the importance of
schools to the economics of a community came up while Mr. Lynch
was Mayor and he recognizes the importance of having a strong
triangle with good neighborhoods, a healthy business community
and good schools. Mr. Perlman was confident that the City can
count on him as an ally.
Mr. Perlman continued that notices have gone out on
the public input session which will be held at Atlantic High
School on Tuesday, May 23rd, at 7:00 p.m. He remarked that the
notice is very difficult to follow and seems to indicate certain
things that he, as a committee member, had not even heard
about. Mr. Perlman stated that he will be meeting with some of
the school officials at Carver Middle School on Friday, May 5th,
where they are going to show him how they can increase the
magnet program without any increase in dollars. Me felt this
would be a powerful argument to take to the School Board if a
way can be shown to preserve and expand that magnet without a
big dollar impact.
13.C.2. Commissioner Archer expressed concern that there have
been some questions raised more than once with regard to process-
ing requests through the Parking Management Advisory Board,
particularly as it involves in-lieu fees. They meet so infre-
quently (once a month) that any delay can cause some substantial
increase in expense, particularly with the smaller, infill
developers. Mrs. Archer suggested that the Commission hold a
joint workshop with the Parking Management Advisory Board so
that the Commission can listen to their concerns and also offer
some direction to the board so that it can go forward, hopeful-
ly, in a more efficient manner.
The balance of the City Commission felt that this
would be a good idea.
13.C.3. Commissioner Schwartz had no comments or inquiries.
13.C.4. Commissioner McCarthy had no comments or inquiries.
13.C.5. Mayor Schmidt reiterated that he felt the goal setting
session was excellent. It just confirmed what he felt going
into the election process about if certain people got elected,
the City would have an excellent Commission.
There being no further business,
adjourned by Mayor Schmidt at 8:00 p.m.
the meeting was
.... JCity Cl~k ' - ~ '
ATTEST:
-18- 05/02/00
MAYOR
The undersigned is the City Clerk of the City of Delray Beach,
Florida, and the information provided herein is the minutes of
the meeting of the City Commission held on May 2, 2000, which
minutes were formally approved and adopted by the City Commis-
sion on VT~LO~J /& ~ Oo~
/ J
'City Clg~k /
NOTE TO READER: If the minutes you have received are not com-
pleted as indicated above, this means they are not the official
minutes of the City Commission. They will become the official
minutes only after review and approval which may involve some
amendments, additions or deletions.
-19- 05/02/00
WHEREAS, a love of God and a desire to help others is the motivation behind
the men and women of The Salvation Army; and
WHEREAS, The Salvation Army provides spiritual counseling and basic human
necessities to the needy and hurting on a daily basis; and
WHEREAS, The Salvation Army's programs and services assist this
community's citizens in living meaningful lives, and also stand as a symbol of
compassion; and
WHEREAS, The Salvation Army provides its services to all people in need
without regard for race, color, creed, sex, or age.
NOW, THEREFORE, I, David W. Schmidt, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission do hereby proclaim May 14th through May
20th, 2000 as
SALVATION ARMY WEEK
in Delray Beach, Florida and urge all citizens to join me in honoring the dedicated
officers, employees and volunteers of The Salvation Army who touch the lives of many
in this community.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official
Seal of the City of Delray Beach, Florida, to be affixed this 2nd day of May, 2000.
DAVID W. SCHMIDT
MAYOR
WHEREAS, our Delray Beach residents and visitors are increasingly utilizing
our waters for recreation and relaxation, and as opportunities for on-the-water activities
expand yearly, be it known that with growth comes additional responsibility. It is
essential that both novice and experienced boaters practice safe boating habits, such
as wearing a life jacket, avoiding the abuse of alcohol, having a vessel safety check and '
taking a safe boating course; and
WHEREAS, we heartily endorse this year's National Safe Boating Week theme,
"Boat Smart From The Start, Wear Your Life Jacket", thus recognizing that
approximately 75,000 members of "Team Coast Guard" (Auxiliary, Regulars and
Reserve) encourage everyone to enjoy our waters, but in a manner that prevents them
from contributing to boating accidents. We urge all boaters to wear, and buckle up their
life jackets as they work or play around the water, and
WHEREAS, the law requires that life jackets be carried for each person on board
a boat and we must recognize that hundreds of lives could be saved each year by the
wearing of life jackets.
NOW, THEREFORE, I, David W. Schmidt, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission do hereby proclaim May 20th through May
26th, 2000 as
NATIONAL SAFE BOATING WEEK
in Delray Beach, Florida, and urge all citizens to support the goals of the National Safe
Boating Campaign and U.S. Coast Guard Auxiliary and start the year-round effort to
promote safe boating.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official
Seal of the City of Delray Beach, Florida, to be affixed this 2nd day of May, 2000.
DAVID W. SCHMIDT
MAYOR
U.S. DEPARTMENT OF TRANSPORTATION
UNITED STATES COAST GUARD AUXILIARY
Delray-Boynton Beach, Flotilla 54
7536 Wentworth Drive, Lake Worth, FI 33467
Phone 561-968-9546
Hon. David W. Schmidt
Mayor, Delray Beach
100 NW 1 st Avenue
Delray Beach, Fl 33444
Apfill2,2000
Dear Mayor Schmidt,
The members of the United States Coast Guard and the Coast Guard Auxiliary,
Flotilla 54 of Delray/Boynton Beach, hereby respectfully request that you proclaim
the week of May 20 to May 26, 2000 as National Safe Boating Week during your
City Council meeting scheduled for May 2, 2000.
Enclosed is a sample proclamation for your reference following this year's theme
"Boat Smart from the Start" Wear your Life jacket. A member of Flotilla 54 will be
present at the meeting to accept the proclamation. You may reach me at 561-968-9546
or Fax no. 561-968-5298 for any questions you might have.
Our flotilla is very dedicated to the encouragement of Safe Boating practices in our
area so we will be holding a Safe boating Fair with exhibits at the Boynton Boat Club
And Ramp on May 21, 2000 from 9am to 3pm.
We invite you to attend and help us encourage the boating public to protect
themselves and their families by becoming aware of the safe way to operate a boat
on our surrounding waterways. We are trying to set up press coverage of the event so
we would appreciate it if you could be there at 10am. We look forward to seeing
you there.
The members of Flotilla 54 appreciate the courtesies the City of Delray Beach has
shown us and look forward to many more years of continued mutual efforts to ensure
safe boating on the Intercoastal Waterway.
Sincerely,
Mary R. Suckow, Flotilla Commander
USCG Auxiliary, Flotilla 54
attachment
cc: City Manager
PROCLAMATION
NATIONAL SAFE BOATING W~EEK
MAY 20th TO 26th
As our Delray Beach residents and visitors are increasingly utilizing our waters for
recreation and relaxation, and as opportunities for on-the-water activities expand yearly,
be it known that with growth comes additional responsibility. It is essential that both
novice and experienced boaters practice safe boating habits, such as wearing a life jacket,
avoiding the abuse of alcohol, having a Vessel Safety Check and taking a Safe Boating
Course.
As we Proclaim May 20t~ through May 26th National Safe Boating Week; we
heartily indorse this year's theme "Boat smart From the Start, Wear Your Life Jacket.",
thus recognizing that approximately 88 percent of the people who drowned in boating
accidents were not wearing life jackets.
In consideration of the national focus on safe boating, and in conjunction with the
year-round efforts of the approximately 75,000 members of "Team Coast Guard"
(Auxiliary, Regulars and Reserve) we encourage everyone to enjoy our waters, but in a
manner that prevents them from contributing to boating accidents. We urge all boaters to
wear, and buckle up their life jackets as they work or play around the water.
WHEREAS, in recognizing that hundreds of lives could be saved each year by the
wearing of like jackets.
WHEREAS, the law requires that life jackets be carried for each person on board.
THEREFORE, I Davtd E. Schmidt, Mayor of Delray Beach, FL, do hereby support the
goals of the National Safe Boating Campaign and U.S. Coast Guard Auxiliary and
proclaim May 20-26, 2000 as national Safe Boating Week and the start of the year-round
effort to promote safe boating.
IN WITNESS THEREOF, I urge all those who boat to "Boat Smart from the Start" by
wearing their life jackets and practicing safe boating, GIVEN under my signature and
the seal of Delray Beach, FL. This day May 2 in the year of our Lord 2000.
BY: (Officials's name)
Office and/title
WHEREAS, the 27th Annual Honolulu International Bed Race was held on
Saturday, April 29, 2000, at Wai-Kiki Beach in Honolulu, Hawaii. The Florida Atlantic
University Football Program's Student Booster Team was among the two dozen or so
teams competing from around the world; and
WHEREAS, the international event called for a dash of about 125 yards, clearing
an obstacle, and then another dash of about 125 yards to the finish line, with the
sequence of races being repeated about four or five times, and
WHEREAS, undaunted by heavy competition, the FAU Team took its bed
adorned with football face masks and electrical tape around Kapiolani Park faster than
anyone, defeating the Army's five-time champion team as well as three-time champ
(and defending champion) Australia; and
WHEREAS, the FAU Team, composed of Staci Hawkins, Bill Eaton, Ceddc
Williams, Shaun Thompson and Lee Pasick, won the International Bed Race
competition and were crowned the best bed racers in the world, and
WHEREAS, in recognition of their outstanding achievement and representation
of Florida Atlantic University and the Boca/Delray area as well as the State of Florida
and the entire United States of America, these young people are to be recognized and
lauded as World Champion Bed Racersl
NOW, THEREFORE, I, David W. Schmidt, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission, do hereby recognize and commend
STACl HAWKINS
BILL EA TON
CEDRIC WILLIAMS
SHAUN THOMPSON
LEE PASlCK
for their victorious efforts in competing in the 27t~ Annual Honolulu International Bed
Race and bringing home the title of WORLD CHAMPIONSl Congratulations on a job
well done!
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official
nd
Seal of the City of Delray Beach, Florida, to be affixed this 2 day of May, 2000.
DAVID W. SCHMIDT
MAYOR
To' Robert BarelnsM I City of Delray Beach
From' The Palm Beach FAX Company I www thefax eom / Ilvtngfla corn
511100 - 9'00-12 PM / Page 1 ct 1
Delray Beach Joint Venture
64 SE F~fth Ave
Delray Beach, FI 33483
(561) 279-1380
RECEIVED
MAY
ASSISTAN'I'
CITY MANAGER
Contact' Marjorle Ferrer, Downtown Coordinator, 561-279-1380, ext 16
World champsl FAU team wins Honolulu International Bed Race Victory celebration May 2 at Boston's On The Beach
The FAU Football Program's Student Booster Team won the 27th Annual Honolulu Internahonal Bed Race on Saturday,
outgunning the Army's five-time champion team and beating Australia, the defending champion. "The FAU team is the
world champion, and they were up against some heavy competition," sa~d Bill Soenksen, president of the Honolulu
International Bed Race, in a phone interview on Monday. "FAU took no prisoners, even the Army and the Australian team,
which won the last three consecutive years They faced teams that tram seriously for this, teams that are here stnctly to
win."
FAU competed against about two dozen teams from around the world on Wai-Kiki Beach last weekend, Soenksen said.
The team won a chance to compete mternahonally after placing first m the Delray Beach Bed Race ~n March
The international event called for a dash of about 125 yards, clearing an obstacle, then another dash of about 125 yards to
the finmh line The sequence of races was repeated about four or five t~mes on Saturday, Soenksen sa~d, and the pace
was grueling enough for some teams to drop out with pulled muscles or other injuries.
"The race director told them as they started the last race, 'You're no longer racing just for the university or for Florida. Do
your best for Amenca'," Soenksen sa~d "1 guess ~t worked" He also emphasized that FAU team members were
exceptionally well behaved during their stay. "They were very much four gents and a lady. They were polite and appreciative
- really fine young people Teams either come here to have fun or to win We hope the FAU team wins again and comes
back here next year to defend their title" Marjorie Ferrer, Downtown Coordinator of The Delray Beach Joint Venture, said
the wctory celebrahon wdl take place at Boston's On The Beach, 40 S Ocean Blvd, Delray Beach, at 6'30 p m "The FAU
team is flying in from Hawaii, and we plan a police escort from 1-95 to City Hall, for a welcome by the mayor and the city
commission At Boston's, they'll probably get showered w~th champagne, like they would in a locker room, so we're having
T-shirts made There will be live music and plenty to celebrate."
The Joint Venture coordinated the local Bed Race, which took place in March on South Ocean Boulevard in Delray Beach.
For mformahon on the wctory celebration, call 279-1380, extension 16
Delray Beach Joint Venture
Community Redevelopment Agency · Delray Beach Chamber of Commerce · Downtown Development Authority
§4 S.E. Fifth Avenue, l)elray Beach, FL 33483 · Tel: 561-278-0424 · Fax: 561-278-05=;5
..... v," "~"6 ......... : .................four-~s, the crowd g. roane,d
here- cars that represented the court-
,ore the ty's economic diversity -- highly just about as often as it cl~eereo.
'sellout" polished Mercedes and Lexuses, But fans '-still fawn over Roger
ral man_- SUVs, humble compacts find D~an's neoclassical splendor, hla
d. It was rusty pickup tracks parked side- '- Camden Y~rds in Baltimore.
n had to ' by-side. - ' ' -" - :' ' ''~'' ..,:There no' comparison to -'
kets, he' " ' ' 'come
Next time, ~v~;l~ ~ii'l[- othar sprihg parks:such as 'rho:-
er,'' lmnented Jason Paul of Palm , mas J. White Stadium in Port Slx
a garri~/~~-Be~ich Gardens. ' ' ' ~
e Mont- '
· he Cardinals wrJn 3~1~. ' ~' '-
'° I ALLEN EYESTO~E/~taff Photogr
, ''1.' --
:: .... ~;'~' '>? Car8lna~s'. pitcher Dave Veres-signg autographs~ after
. ',j." ~e~e ~ADIUM, 5B Ca~dinals-~pos game Thursday'at Jupitgr'~ Roger Deao Stadit
?aood enough to get them to Hawaii
;)ELRAY BEACR - Staci Hawkins holds on tight as she is pushed by (frOm
eft) Bill Eaton, Cedric Wdliams, Shaun Thompson and Lse Pasick during
:he 3rd Afinual Delray. Beac.h Bed Race along Northeast Second Avenue
· ' r'. ,; ' ';-~- .
GREG LOVEY['/~Staff Photograpt
~ Owl s D~
· on Saturday. The members of the Florida Atlantic University .
team were declared the overall winners and were awarded a trip
Hawaii in April to compete in the International Bed Race.
.ms,tnroatdurmg a semlal .
?. e~counter that turned violent. '
;~ . Isiac Jerome Nelson HI, 19,
was Charged with first-degree
-~ murder in the March 21
shooting of his father, Isaac
JeromeNelson.,
~[ , The teenager shot his father
~,r after his father kicked him out of
· ' the farnilfs home west of West
~ Palm Beach, police said.
~,r Authorities have, arrested
~ both McGee and t, he younger
...~ Nelsor/.
,~. O E L R'A'Y BEACH
Bed race Champs, ,
to' be honored 'tOday
,The Florida Atlantic'
,:~ University team that won the
Honolulu International Bed
Race on Saturday will be
welcomed home today with a
wctory celebration starting at
6:30 p.m., Delra¥ Beach Officials
said,~ , _
~ The FAU Football Program's'
~, Student Booster Team. became
' wgrld champion bed-racers by
defeating defending champion
Australia and the five-time
champion Army team. -,
~" Delray officials plan a'police
~scort from Interstate 95 to City
Hall for a welcome by the mayor~
and City Commission. The
celebratiGn will'continue at 6:30'
at Boston's On The Beach, 40 S.
'Ocean Boulevard.
;~' . Cal1561-279-1380, ek-t. 16, for
-r,~inf°r/uati°n', ,, ...
BOCA RAT'ON
GreenMarket dates.
extended by city
Operatioriofthe city's
GreenMarket has been
extended through M~y and may
continue into June, city officials
said Mohday.
The market takes place 8.
a.m.-1 p.m. on Saturdays at'
Southeast First Avenue adjacent
to Royal Palm Plaza. ,.
The GteenMarket, in its third
year, features fresh, locally
grown fruits and vegetables, as
well as herbs, juices, flowers,
baked goods, arts and crafts and
oth goods ·
er . , ,:.,~,,,~ :,.,
Call 561-393-7827, for more,
information.
· : MEISTERSINGERS:'
Morik~. ~ i ~ar~k Elementary
School fourth-gra&r.Rachel.'
~' Geller, above'fight, grins, a
liffie befOre singifig at
' , Mohday~s' ~iedication
ceremony for the Gov.
'/,awtGn Chiles MerhGfi~ill
Park ¢¢e~i of Delray'Beach.
Rachel and classrnateMelissa
Yermes, ieft, ~e, pkrt o'fthe ';
's,cho01'~-"m~istersingei~" :~
"under'tho'.direction of Ed"
shum i: U:a p ::at i :00
'., :: cutthug,ceremony.' The new,,
/.park has a ballfia&"petanqde
':', ::" ' om, piti,
"., ~ ,,exercis. e patl},, a sand
vo.lleybail court and picnic
" area..Ai righi,'.George
Wakeman bf Lantan'a pop~
up a.l~,t during a softball
~' game'in the park's bailfield.
:, Staff photos)Eric J, Larson
.corripa~n
settlethi
'By MELMELI[NDEZ
STAFF,WRITER , ' ,, ~
into the
BOYN~riSN',BEAcH ,-- Corn- ' Walt,
missionerswillconsideiendotsirig the pro]
an agreement. T. desday, that could -:cOrnel e
help settle ~ b~/fflebetween'~i bill'-' ',
board company and private prop: basedR,
erty o ~wners, while keeping the ci~r dleff.sifl~
, b6'm'ds;U
out of costlylitigation.: ,.
The agreement.wbdld also grant
the billboard company,,Republic billb~o~r
Media Inc., permission t6 lease 'g/anted:
space along Interstate 0S-for two: owners
billboards, with the.citfpossibly annexe,
earning about $30,000 annually per boards,
billboard, city officials said... ,.remove
'~We give up nothingif we agree take act
to do this," said City. Attorney .ing/.e~is
James Chet'of. "But it helps facili- -
tare: conversation between.~the' ::'w~hen:th
property'owners ,and the bil~b0~d .' ~oI:t'~ori
Sister Cities International
Young Artist Competition
Awards Presentation
City Commission Meeting
May 2, 2000
Sister Cities International is dedicated to letting people give
expression to their common desire for friendship, goodwill and
cooperation for a better world for all.
The Young Artist Program encourages youth (13 through 18)
from all parts of the world to express, through original
artwork, their concept of the Sister Cities mission and the
theme "The Stage is Set: Act 2000 'Peace Begins at Home' .
The Stage is Set: Act 2000 'Peace Begins at Home'
CARVER MIDDLE SCHOOL
PAR TICIPA TING AR TISTS
Elana Bloom
Ryan Bourdon
Gina Brown
Laura Grotto
HONORABLE MENTION
Charde' Maldonado
3e'° PLA CE
Christy Lee
2~v° PLA CE
Lindsay Harris
1sr PLA CE
Bradley Searles
ATLANTIC HIGH SCHOOL
PLACE
Mathieu Joseph
1sr PLA CE & 0 VERALL WINNER
Elizabeth Godwin
[lTV OF DELRI:IY BEI:IEH
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
DELRAY BEACH
AII.Amedca City
1 9q3
DATE:
TO:
FROM:
MEMORANDUM
April 24, 2000
City Commi~n....~.,,,._~.~
Brian Shutt, Assistant City Attorney
Writer's Direct L~ne 561/243-7091
SUBJECT: Acceptance of Easement Deed from Aurora Homes, Inc.
The following easement deed grants to the City the means to install an 8" gravity sewer
main, thereby connecting the City's gravity sewer system to the Coral Trace development's
gravity sewer system. When the City performs any maintenance or construction within the
easement, the City will have to return the property to its original condition.
Please call if you have any questions.
CC:
David Harden, City Manager
Alison MacGregor Harty, City Clerk
Barron Caronite, Asst. City Engineer
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
DATE:
SUBJECT:
David T. Harden
City Manager
C. Danvers Beatty, P.E.-~'~~
Deputy Director of PublL-~t44b~~-
April 25, 2000
Proposed Sanitary Sewer Easement
Coral Trace Development
The proposed sanitary sewer easement will redirect gravity sewer flow from the Sudan
Subdivision to the new lift station proposed as part of the Coral Trace Development plans.
Sanitary sewer from the Sudan Subdivision currently flows to lift station 81. This lift station has
been a maintenance problem for quite some time due to old technology and antiquated design. By
redirecting the flow from Sudan via the proposed easement we will abandon lift station 81 and the
associated maintenance problems. The proposed lift station at Coral Trace has been sized to
accommodate the additional flow and will enhance system wide operation.
CC.'
Richard C. Hasko, P.E., Director of Environmental Services
Brian Shutt, Assistant City Attorney
\\essrv002\daws\wwdataWlemo\Sanaa~ Sewer doc
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33a. a.a.
EASEMENT DEED
TJ-~IIS IND~E~, made this X'~ day of ~, 200~ by and between
~ ~V,,~/~ , with a mailing address df r~..q-o #~~ ~//f'o~, ~t~t~, ~
party of the first part, and the CITY OF DELRAY BEACH, with a mail°rog ~ddr6ss of'100
N.W. 1st Avenue, Delray Beach, Florida 334~?., a municipal corporation in Palm Beach
County, State of Florida, party of the second part:
WlTN'ESSETI-I: That the party of the first part, for and in consideration of the mutual
promises herein contained and other good and valuable considerations, does hereby grant,
bargain, sell and release unto the party of the second part, its successors and assigns, a right of
way and perpetual easement for the purpose of the construction and maintenance of public
utilities with full and free right, liberty, and authority to enter upon and to install, operate, and
maintain such structures well under, across, through and upon, over, under or within the
following described property located in Palm Beach County, Florida, to-wit:
DESCRIPTION
See Extfibit "A'
Concomitant and coextensive with this right is the further right in the party of the
second party, its successors and assigns, of ingress and egress over and on that portion of land
described above, to effect the purposes of the easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, and
reservations of record. That the party of the Crt'st part agrees to provide for the release or
subordination of any and all mortgages or liens encumbering this easement. The party of the
first part also agrees to erect no building or effect any other kind of construction or
improvements upon the above-described property.
It is understood that upon completion of such construction, all lands disturbed the,reby
as a result of such construction performed thereon, will be restored to its original or like
condition without expense to the property owner.
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever clad, ed by, through or under it, that
it has good right and lawful authority to grant the above-described easement and that the same
is unencumbered except as provided above. Where the context of this Easement Deed allows
or permits, the same shall include the successors or assigns of the parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals
the day and year first above written.
(name printed or typed)
PARTY OF _TH.E~I~R/ST PART
By: ~~'~'~
(name printed or typed)
,~ The foregoingn instmmen[ was aclc~owledged before mer~this ,P,O'~ day of
(name of officer or agent, title of officer l~h' a4ge~fi{), ~f (.~ !~-~.~e~t./f ~ . .
(name of corporation acknowledging), a ~.;f~ (state or place of incorporation)
corporation, o~tt~eh~l.f of the~corporation. He/She is personally known to me or has produced
ILq/f~_~ ,br4/,~type of identification) as identification.
IJ~".&'..~..,~ EXPIRES: July 23, 2003
II ",,~r,,>-" a~,,~,,,n,~,~,,~,~^~ _ N~e Typed, Printed or S~ped
139
TR4c.c
S88'88'45'E
P.D.B.
4.06' ~
BL ~CA' ,~
LOT !
BLOCK 3
0E-E1-00 EASEMENT REVISED
A PARCEL OF LAND LYING IN SECTION 18, TrlWNSHIP 46 SOUTH, RANGE 43 EAST, CITY IF' DELRAY
PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOVSt
COMMENCE AT THE NORTHEAST CORNER OF TRACT 'J' OF THE C~RAL TRACE PLAT, RECORDED IN
PLAT BOOK 88, PAGES 197-801 AND THE NORTHWEST CnRNER OF LOT 1, BLOCK 3 OF THE SUDAN -
UNIT 'A' PLAT, RECORDED IN PLAT BOOK E8, PAGE 144. THENCE SOUTHWESTERLY ALONG THE EAST
LINE OF CORAL TRACE PLAT A DISTANCE OF 517.14 FEET Trl THE POINT OF BEGINNING. CONTINUE
ALONG SAID EAST LINE SOUTH 11 DEGREES 09 MINUTES 34 SECONDS VEST A DISTANCE nF 18.17
FEET. THENCE NORTH 88 DEGREES 88 MINUTES 45 SECONDS VEST A DISTANCE OF 4.06 FEET.
THENCE SOUTH 11 DEGREES 09 MINUTES 34 SECONDS WEST A DISTANCE OF 81~7 FEET, THENCE
NORTH 78 DEGREES 50 MINUTES 16 SECONDS WEST A DISTANCE OF 101.00 FEET TO THE EAST LINE
OF A 10 FOOT UTILITY EASEMENT. THENCE ALONG SAID EAST LINE NORTH 11 DEGREES 09 MINUTES
34 SECONDS EAST A DISTANCE OF 18.00 FEET. THENCE SOUTH 78 DEGREES 50 MINUTES 16 SECONDS
EAST A DISTANCE OF 89.00 FEET. THENCE NORTH 11 DEGREES 09 MINUTES 34 SECONDS EAST A
DISTANCE OF 79.40 FEET. THENCE SOUTH 88 DEGREES 88 MINUTES 45 SECONDS EAST A ])ISTANCE
OF 16.83 FEET TO THE POINT OF BEGINNING.
SKETCH AND LEGAL DESCRIPTION I SEWER EASEMENT
1'~ UI4~IGI~D ~UR¥[Y~R HA~ I,~T ~
A Ct~T TIT'L~ ~INIl~l OR ABST~T ~ I~TT£RS
Ac'I~CTING TITLE: I~R BOUNI~Y TO TI~ SU~.,J~CT
I~' REC[]RD, Lf, IRECORD~Z) /I~'.[:DS, E:ASE~E~TS I]R OTHER
~ISTRUN~"NTS THAT ~__rz~_l) AIrF1:CT THE
Consu[~clno Engineers, Ptanners,SuPveyors
6100 Bou[evaPd oF Champions
No~ch L~ucte~cl~[e, F[o~lct~ 33068
LB NB. 0003444
954) 969-5100 FAX (954) 969-9680
95017
RDD II
/
0~16/00
11~'1
£1TY JIF I]ELRI:IY BER£H
CITY ATTORNEY'S OFFICE
DELRAY BEACH
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561,'243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
1993
DATE:
TO:
FROM:
MEMORANDUM
April 24, 2000
City Commission
Brian Shutt, Assistant City Attorney
SUBJECT: Grant of an Easement to BellSouth
BellSouth has requested an easement from the City to allow the installation of a switch
box behind the boy scout hut just north of Lake Ida Road. BellSouth representatives
have informed the City that there will be very little trenching performed in the easement
area and that they will plant shrubbery around the switch box.
Please call if you have any questions.
CC:
David Harden, City Manager
Alison MacGregor Harty, City Clerk
Randal Krejcarek, City Engineer
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
DATE:
SUBJECT:
Brian Shutt
Randal L Krejcarek, P.E. ~~
05-Apr-2000
Easement for Bell South
Boy Scout Park
Attached is an easement document from Bell South. They want to place a switch box on the
north side of the parking lot, just west of the existing power poles.
Please review this document. If you have questions regarding the easement you can call John
Holm, with Bell South, at 912-1904. After you 'have reviewed and approved this document,
please on the Commission agenda for approval and execution.
Thanks!
enc
CC:
Richard Hasko, P.E.
file
52OOO
~ESSRVOO2~DEPARTMENTS~EngAdminV. ettersV~LK~Cityattny~boyscoutpk01 doc
STA~E OF FLORIDA
COUNTY. OF PALM BEACH
EASEMENT
For and in consideration of TEN dollars ($ 10.00 ) and other good and valuable
consideration, the adequacy and receipt of which is hereby acknowledged, the undersigned owner(s) of the premises described below,
hereinafter referred to as Grantor, do(es) hereby grant to BELLSOUTH TELECOMMUNICA- TIONS, INC., a Georgia
corporation, its licensees, agents, successors, asstgns, and allied and associated companies, hereinafter referred, to as Grantee, an
easement to construct, operate, maintain, add, and/or remove such systems of communicatmns, facilities, or related services as the
Grantee may from time to time require upon, over, and under a
portion of the lands described in PLAT BOOK 1 page 4 , Palm Beach
County, Florida, Records, and, to the fullest extent the grantor has the power to grant, upon, over, along, and under the roads,
streets, or highways adjoining or through said property. The said easement xs more particularly described as follows:
All that tract or parcel of land lying in Section 8 , Township
Meridian,
(strip) (parcel) of land NORTH SIDE LAKE IDA RD IN DELRAY BEACH
46 , Range 43
County, State of Florida, consisting of a
SEE ATTACHED SKETCH AND DESCRIPTION.
The following rights are also granted: the exclusive right to allow any other person, firm, or corporation to attach wires or lay cable
or condmt or other appurtenances upon, over, and under said easement for communications or electric power transmission or
distribution; ingress to and egress from said easement at all times; the right, but not the obligation, to clear the easement and keep it
cleared of all trees, undergrowth, or other obstructions; the right, but not the obhgation, to trim and cut and keep trimmed and cut all
dead, weak, leaning, or dangerous trees or limbs outside the easement which might interfere with or fall upon the lines or systems of
communication or power transmission or distribution; and the right to relocate said facilities, systems of communications, or related
services on said lands to conform to any future highway relocation, widening, or improvements.
To have and to hold the above granted easement unto BellSouth Telecommunications, Inc., its licensees, agents, successors, assigns,
and allied and associated companies forever and in perpetuity.
Grantor warrants that grantor is the true owner of record of the above described land on which the aforesaid easement is granted.
SPECIAL STIPULATIONS OR COMMENTS:
The following special stipulations shall control in the event of conflict with any of the foregoing easement:
Preparer's name and address:
(Return document to the
BellSouth address on back)
CHRIS MASON
BELLSOUTH
5140 CONGRESS AVE 2nd FLOOR
BOCA RATON, FL 33487
In witness whereof, the undersigned has/have caused this instrument to be executed on the
, 2000
Signed, sealed, and delivered
ia the presence of:
day of
Name of Corporation
By:
Witness Title:
Witness
Attest:
State of Florida
County of
I HEREBY CERTIFY that personally appeared before me and
acknowledged that he/she was the same. The foregoing instrument was acknowledged before me this ~ day of
, , by ,(name and rifle of officer) of
corporation. He/she is personally known to me or has produced as identification
and did/did not take an oath.
WITNESS my hand and official seal in the County and State last aforesaid this
day of
Notary Public
Print Name
Commission Number:
My Commission Expires:
Grantor's Address:
Grantee's Address:
BellSouth Telecommunications, Inc.
TO BE COMPLETED BY BELLSOUTH TELECOMMUNICATIONS, INC.
District
Drawing
ILocation
W~re Center
Plat Number
Au~on~
RaN Number
Approval Title
NORTH F'[DLrRAL HICd. C~AY
oHO~E: l~e~}
TWELVE FOOT
THIRTY-FOUR
A. UIXANI, dH., INC.
CONSU~TIN~ ~ & LAND ~ ~ ~T~. ~I~ 3343~
LICENSED ~I~SS N~ ~-50 F~ : ~561~ 395-3313
SKETCH OF DESCRIPTION
(12') UTILITY EASEMENT AND A
FOOT (34') BY FIFTEEN FOOT (15')
UtilITY. EASEMENT FOR BELLSOUTH, BEING A.
PORTION Of LOTS 5 and 12, SECTION $,TOWNSHIP
46 SOUTH, RANGE 45 EAST, PALM BEACH COUNTY,
-FLORIDA-
"LAKE IDA MANOR-ADDITION Ne 2"
PLAT BOOK 25, PAGE 61
S 85'-08'-I1"W S 89~-08'-I1"W
6.00
POINT OF TERMINUS~-~L ~ --
EASEMENT "B" '-'~ _~
· 34.00~
POINT OF BEGI~N,I, NG ~
EASEMENT 'B'
A PORTION OF LOT 5
SECTION 8-4G-43
PLAT BOOK I , PAGE 4
( BOY SCOUT HUT )
EAST LINE,LOT 5
POINT Of TERMINUS
EASEMENT "A"
Q
"CHEVY CHASE"
PLAT BOOK 24, PAGE 27
LOT 49 J
I
~POINT OF BEGINNING-EASEMENT "A," ,,
POINT OF COMMENCING-EASEMENT 'B
S.W. CORNER OF LOt 49
A PORTION OF LOT 12
SECTION 8-4G-43
PLAT BOOK I, PAGE 4
~¥VEST LINE, LOT 12
fNORTH RIGHT OF WAY LINE
THIS IS NOT A SURVEY
Drawn By /~:"" Date
c~,c.~ .~, J/~,~r- ,... -----,
Scale ./1/o~ ~o .~'¢~/~, dob No., /~ '~"~..~ ~.~
Sheet / of ~._~__
SEE SHEETS 2 and 3 FOR LEGAL DESCRIPTION
REVIEWED AND APPROVED
PROFESSIONAL LANO SURVEYOR NO. 4304
STATE OF FLORIDA
JOHN A. GRANT, JR., INC.
Consulting Engineers & Land Surveyors
3333 North Federal Hwy., Ste, #3
Boca Raton, FL. 33431
SG 100-0043-LI
March 1, 2000
Sheet 2 of 3
BELL SOUTH UTILITY EASEMENT
SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST
PALM BEACH COUNTY, FL
EASEMENT "A"
An Easement twelve feet in width, lying in a portion of Lot 12 and Lot 5, Section 8, Township 46
South, Range 43 East, as recorded in Plat Book 1, Page 4 of the public records of Palm Beach
County, Florida, the Center Line of said 12 foot Easement being more particularly described as
follows;
BEGINNING at a point on the West line of said Lot 12, said point lying at the Southwest comer of
the North ~ of said Lot 12, said Point also being the Southwest comer of Lot 49, Plat of"Chevy
Chase" as recorded in Plat Book 24, page 27 of the public records of Palm Beach County, Florida.
THENCE with a bearing ofS. 00° 51' 49" E. along the west line of said LOt 12, for a distance of
293.74 feet to the Point ofTermim~ ofthe Cemer Line of said 12 foot Easement, said point lying on
the Northerly Right-of-Way line of Lake Ida Road as now laid out and in use;
CONTAINING 3,524.9 square feet (0.081 acres), more or less, and subject to Easements,
Reservations, Restrictions and Rights-of-Way of record.
JOHN A. GRANT, JR., INC.
Consulting Engineers & Land Surveyors
3333 North Federal Hwy., Ste, #3
Boca Raton, FL. 33431
SG 100-0043-LI
March 1, 2000
Sheet 3 of 3
BELL SOUTH UTILITY EASEMENT
SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST
PALM BEACH COUNTY, FL
EASEMENT "B"
An Easement f~een feet in width, lying in a portion of Lot 5, Section 8, Township 46 South, Range
43 East, as recorded in Plat Book 1, Page 4 of the public records of Palm Beach County, Florida, the
Center Line of said 15 foot Easement being more particularly described as follows;
COMMENCING at a point on the East line of said Lot 5, said point lying at the Southeast comer
of the North 1/2 of said Lot 5, said Point also being the Southwest comer of Lot 49, Plat of"Chevy
Chase" as recorded in Plat Book 24, page 27 of the public records of Palm Beach County, Florida.
THENCE with a bearing orS. 00° 51' 49" E. along the east line of said Lot 5, For a distance of 60.00
feet to a Point;
THENCE with a bearing of S. 89° 08' 11' W. for a distance of 6.00 feet to the Point of Beginning
of the center line of said 15 foot Easement.
THENCE continue with a bearing orS. 89° 08' 11~ West For a distance of 34.00 feet to the Point
of Terminus of said 15 foot Easement;
CONTAINING 510.0 square feet (0.012 acres), more or less, and subject to Easements,
Reservations, Restrictions and Rights-of-Way of Record.
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ff~
AGENDA ITEM ~. ~ · - REGULAR MEETING OF MAY 2, 2000
GRANT APPLICATION TO CHILDREN'S SERVICES COUNCIL
DATE: APRIL 25, 2000
Staff is requesting authorization to submit a grant application to the Children's Services Council (CSC) for
funding in the approximate amount of $123,502 in support of our out of school program, day camps and
summer camp program.
Services are provided to 300 children at three (3) sites during the school year, approxtmately 500 children
in our day camps (Holiday Camp, Spring Fling, one day camps), and an addiuonal 330 children as part of
our summer camp program.
I recommend that staff be authorized to submit the grant application.
RefiAgmem7.chfldren's services.05.02.00
AGENDA ITEM NUMBER:
Request to be placed on:
AGENDA REQUEST
Date: April 18, 2000
XX Regular Agenda __SpecialAgenda __WorkshopAgenda
When: May 2, 2000
Description ofagendaitem: Request approval to apply for funding from Children's
Services Council in the approximate amount of $123,502 for our Out of School
Program, day camps and summer camp program.
ORDINANCE/RESOLUTION REQUIRED: YES
Draft Attached. YES
NO X
NO X
Recommendation: Approval.
Determination of Consistency with~,~mprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Yes
Funding alternatives:
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda: ~
Hold Until'
Agenda Coordinator Review:
Received:
Action: Approved
No
0f applicable)
No
Disapproved
£1TY OF I ELAAY BEA£H
DELRAY BEACH
100N.W. lstAVENUE DELRAYBEACH, FLORIDA 33444 561/243-7000
MEMORANDUM
1993
TO:
David Harden
City Manager
FROM: Rodger R. Ribeiro, CLP
Recreation Superintendent
THROUGH: Joe Weldon
Director of Parks ~'nd Recreation
SUBJECT: Children's Services Council
DATE: April 21, 2000
The Parks and Recreation Department is currently preparing its budget for
the third year of funding from the Children's Services Council for our
out of school program. This program reflects a major redesign and
restructuring of this program. We will serve 300 children at three (3)
sites during the school year, approximately 500 children in our day camps
(Holiday Camp, Spring Fling, one day camps), and an additional 330
children as part of our summer camp program. CSC funding will amount to
approximately $123,502. Attached is the agency certification requirement
for City Commission to approve so that we can continue to move forward in
our application process.
Please place this on the May 2, 2000 agenda for City Commission
consideration, and call if you have any questions regarding this matter.
Rodger R. Ribeiro, CLP
Recreation Superintendent
Attachment
RRR:cp
Ref:dhjdcsc
PrintedRPaper
THE EFFORT ALWAYS MATTERS
Children's Scn,'Iccs Council of'Palm Beach County
2000-2001 Base Program Application
Page: I 0
PROGRAM FORM D -AGENCY CERTIFICATION
In submitting this application to CSC
CITY OF DELI~AY BEACH PARKS AND RECREATION DEPARTMENT
certifies that:
(Agency Name)
1. The agency board of directors has appro`.'ed this application at a meeting on
Ifappro,,'al is pending at the time of submission, please check here. ~
(date)
All agency decisions regarding recruitment, hiring, promotions, release, and conditions of
employment ,,,,'ill be made without regard to consideration of race, creed, religion, gender,
country of national origin, age, physical or mental handicap, marital status, sexual orientation
or any other factor which cannot lawfully be used as a basis for an employment decision:
3. The agency agrees to negotiate, if deemed necessary, with CSC to refine service levels.
procedures, outcomes, budget, and any other relevant matter for incorporation into a contract;
4. The applicant agency does not intend by this application to replace existing funding resources
with CSC funds;
5. The budget included in this application is a reasonable estimate of the anticipated revenues
and expenditures for the activities proposed;
In accordance with the 1999-2000 CSC contract, the applicant agency will submit, within
120 da)s of the completion of the applicant's 1999-2000 fiscal .,,'ear, a GAO Standard
Financial and Compliance Audit;
7. The applicant agency maintains governmental or 501c(3), (4). (6), (7) or (10) tax exemption
status;
Any of the following documents are available and upon request by CSC ,.,.'ill be produced b)'
the applicant agency within five (5) working days, but do not need to be submitted with this
proposal:
a. Articles of Incorporation
b. Agency Bylaws
c. Personnel Policies and Procedures
d. Job Descriptions for all CSC funded positions
e. Certificates of insurance and bonding
f. Licenses to operate Agency/Program
F.I\','ORD~0CO-2001 Funding Process\ Base Application\ Instructions & Forms. DOC 02/07,00 9:29 AM
Children's Services Council of Palm Beach County
2000-2001 Base Program Applmation
Page. I I
9. NO litigation is threatened or pending which could impair the applicant agency's ability to
fulfill the provisions of this application; and
10. NO adverse action is pending or threatened by any regulatory, licensing, or oversight agency
which could impair the applicant agency's ability to fulfill the provisions of this application.
If any of the above documents are not available or any of these statements cannot be made,
please explain below:
OFFICIAL AUTHORIZED TO SIGN AND BIND AGENCY TO APPLICATION:
(Authorized officials recognized by CSC are the Board Chair or President and/or Executive
Director. If any other signature is included below, you must include a copy of the agency policy
that establishes such authorization.)
Signature
Title:
Print Name
Date:
F.\WORD~000-2001 Funding Process\ Base Application\ Instructions & Forms DOC 02/07/00 9 29 AM
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM ~' ~}- - REGULAR MEETING OF MAY 2, 2000
RESOLUTION NO. 36-00 {AUTHORIZATION TO APPLY FOR GRANT
FUNDING FOR LAKE IDA ROAD BEAUTIFICATION)
DATE: APRIL 26, 2000
Keep Palm Beach County Beautifi~, Inc., at the direction of the Metropolitan Planning Organization
and the Palm Beach County Board of Commissioners, initiated a grant program known as Palm Beach
County 2000/2001 Thoroughfare Beautification Grant Program.
Resolution No. 36-00 authorizes the City Manager to apply for funding through the grant program for
landscape improvements to Lake Ida Road between Congress Avenue and Military Trail. The road
widening project is scheduled for construcnon in Spring 2001 and should be completed by December
2001.
Recommend approval of Resolution No. 36-00 authorizing the City Manager to apply for funding
through Palm Beach County's 2000/2001 Thoroughfare Beautification Grant Program for Lake Ida
Road.
RefiAgmemol 4.Res.36-00LakeldaRoadBeautificationGrant
RESOLUTION NO. 36-00
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO
APPLY FOR FUNDING THROUGH PALM BEACH COUNTY'S
2000/2001 THOROUGHFARE BEAUTIFICATION GRANT PROGRAM
FOR LAKE IDA ROAD.
WHEREAS, the segment of Lake Ida Road between Congress Avenue and Military Trail is
scheduled for construction in the Spring 2001 and is scheduled to be completed by December 2001;
and
WHEREAS, the City Commission of the City of Delray Beach, on behalf of the citizens of
Delray Beach, desires to beautify the roadway medians by installing and landscaping once the road
widening is completed; and
WHEREAS, Keep Palm Beach County Beautiful, Inc., at the direction of the Metropolitan
Planning Organization and the Palm Beach County Board of County Commissioners, initiated a grant
program known as Palm Beach County 2000/2001 Thoroughfare Beautification Grant Program; and
WHEREAS, the City Commission wishes to authorize the City Manager or his authorized
designee to apply for the said grant.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section t. That the City Commission of the City of Delray Beach, Florida, hereby authorizes
the City Manager, or his authorized designee, to apply for funding from Palm Beach County's
2000/2001 Thoroughfare Beautification Grant Program through Keep Palm Beach County Beautiful,
Inc., for landscape improvements to Lake Ida Road between Congress Avenue and Military Trail.
Section 2. That the City Clerk is hereby directed to send a copy of this resolution to Keep
Palm Beach County Beautiful, Inc.
PASSED AND ADOPTED in regular session on this the 2n~ day of May, 2000.
City Clerk
MAYOR
Res. No. 36-00
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~/~
AGENDA ITEM ~7. ~ . - REGULAR MEETING OF MAY 2, 2000
FINAL PAYMENT/HELLER-WEAVER & SHEREMETA (LAVER'S
PROPERTY SURVEY WORK)
DATE: APRIL 28, 2000
Tlus is before the City Corrmussion to approve final payment in the mount of $8,355.00 to Heller-
Weaver & Sheremeta, Inc. for completion of the survey work associated with investigating possible
purchase of the Layer's property. A detatled breakdown of services rendered ~s outlined m the
attached background information.
Funding will be from 001-2911-519-31.30 (General Fund Engineering - Engineering/Architectural).
Recommend approval of final payment for survey services to Heller-Weaver & Sheremeta, Inc.
RefiAgrnemol 1.FinalPayment Layer's Survey Work. HellerWeaverSheremeta
Agenda Item No.
AGENDA REQUEST
Date: 19 April 2000
Request to be placed on:
X
Regular Agenda
Special Agenda
Workshop Agenda
When: 02 May 2000
Description of item (who, what, where, how much): Request Commission approval to pay Heller-
Weaver & Sheremeta, Inc. a balance of $8,355.00 for survey work completed for the proposed
purchase of Laver's Recreational Property.
Funding is available from account # 001-2911-519-31.30
ORDINANCE/RESOLUTION REQUIRED: YES,NO DRAFT A'I-rACHED YES/NO
Recommendation: Staff recommends approval
Department head signature
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)[
Budget Director Review (required on all items involving expenditure of funds):
Funding available(~NO
Funding alternative's~
Account No. & Description 001-2911-519-31.30
Account Balance ,.4., -~o~ ,-,,, ,~,,~ ..,,i,~
- ,...., ...... ~ .......... yccr mv~clcr;,)- /.?/ 'Z,~5-
City Manager Review:
Approved for agenda:
Hold Until:
.(if applicable)
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
~essr~2~DEPARTMENTS~EngAdrninV~r~jects~2~t2~-~57~FF~AL ~agenda~5-~2~d~c
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
DATE:
SUBJECT:
David T. Harden, City Manager
Randal Krejcarek, P.E., City Engineer p~
April 2000
Laver's Property
Commission Agenda Item
Survey Work Completed for Property Purchase
Project # 2000-057
The attached agenda item request's Commission approval to pay Heller-Weaver & Sheremeta,
Inc. a balance of $8,355.00 for survey work completed. The total cost for this survey work was
$17,835.00.
All work was completed for the anticipated purchase of the Layer's Property.
Survey work consisted of:
· Several meetings with staff to define requirements of survey and supporting documents
· Obtaining and reviewing recorded plats, O.R.B. and Pages, and easements
· Preparing three separate sketches with legal descriptions
· Provide proper certifications on all documents
Also attached is a detailed explanation from Heller-Weaver and Sheremeta, Inc. outlining tasks
completed in order to complete this work.
Total amount of this agenda item is $8,355.00.
Funding is available from account # 001-2911-519-31.30.
If this meets with your approval, please place this item on the 2 May 2000 Commission meeting.
enc
cc;
Richard Hasko, P.E., Director of Env. Svcs.
Joseph Safford, Finance Director
~essrv~2tDEPARTMENTS~EngAdmin~pr~jectst2~2~571~FF~AL t~gendamem~5-~2-~d~c
Reply Fo:
310 S. E. 1st Street, Suite 4
Delray Beach, FL 33483
(561) 243-8700 - Delray Beach
(954) 979-8550 - Broward
(561) 732-2588 ~ Palm Beach
(561) 243-8777 - FAX
INVOICE
Heller - Weaver and Sheremeta, inc.
Engineers ... Surveyors ... Planners
To:
Ordered by:
CITY OF DELRAY BEACH
434 So. Swinton Avenue
Delray Beach, FL 33444
Randal L. Krejcarek, P.E.
Date: 03/30/00
Invoice: 14984B
invoices\cdb 14984b
DESCRIPTION OF WORK
SURVEY SERVICES
Recreational Property
Layer's R~equet Club
Sketch & Legals/Boundary Surve.vs
Club Property
Parking PropetW
Tennis Property
Services from February 22, 2000 thru March 29, 2000
Category_ Hours 1~¢
Survey Crew (2 person) 0.OO $80.00
Survey Crew (3 person) 38.50 $95.00
Professional Surveyor & Mapper 19.00 $90.00
Principal 3.25 $ loo.OO
Survey Technician, Supervisor 17.50 $65.OO
CADD 30.50 $50.00
AMOUN~ DUE THIS 17VVOICE .....................................................................
Extension
$o.oo
$3,657.50
$1,710.00
$325.OO
$1,137_50
$1,525.00
$8,355.OO
Heller - Weaver and Cato, Inc.
Engineers...Surveyors
Thursday, April 06, 2000
Randal Krejcarek, PE
City of Delray Beach
Environmental Services Department
434 South Swinton Avenue
Dclray Beach, FL 33444
Re: Layer's Recreational Property
Survey Services
A, PR 1 0 2000
ENGINEF..i:JI ,Co
Henry Heller, P.E., P.S.M.
John D. Weaver, P.S.M.
Donald L. Cato, P.S.M.
(1954- 1997)
Darnel C. Laak, P S.M.
James A. Schroeder, P.S.M.
Dear Randal:
Pursuant to your request the following is a breakdown of our fieId and office services associated with the
aforementioned project.
Survey Services
Scope
Prepare three separate sketch and legal descriptions and boundary surveys on the aforementioned project.
Boundary surveys include location of all existing recreational improvemems.
1) Club Area .............5.601 Acres
2) Parking Area ..........0.860 Acre
3) Tennis Court Area .... 1.800 Acres
Start work effort February 9, 2000.
Schedule .. Sketch and Legals due February 16, 2000, Boundary Surveys February 29, 2000.
Task 1 - Office Services
Meet with City and review existing survey documents, discuss scope of work and fast track time schedule.
Review existing documentation. Obtain the required additional documentation; record plats, O.R.B. and Pages,
easements, etc.
Task 2 - Office Services
Office calculations and thorough review of documentation associated with idemification of boundaries of subject
parcels, legal descriptions and record plats. Documents reviewed:
1) Laver's Delray Racquet Club Addition (PB 42, GPS. 112,113)
2) Layer's North (PB 43, Pgs. 92-94)
3) Wemon Village (PB 30, Pg. 33)
4) Tropic Palms Plat No. 1 (PB. 25, Pgs 99-102)
5) Lake Ray (PB. 29, Pg. 61
6) The Vinnings at Delray Beach (PB. 39, Pgs 39,40)
7) Legal Descriptions within Memorandum from Doak Campbell, dated March 7, 1997
3 I0 Southeast First Street, Suite Four, Delray Beach, FL 33483
561 / 243-8700 Fax 561 / 243-8777
Thursday, April 06, 2000
Randal Krejcarek, PE
Page 2
8) Grant of Easement (ORB. 3253 Pg. 384)
9) Grant of Easement and Tennis Court Access Easement (ORB 3503 Pg. 1725)
10) Boundary and Improvement Survey, prepared by Keith and Schnars, P.A., dated March, 1994
11) As-Built Survey, prepared by Bench Mark Land Surveying & Mapping, Inc., dated October, 1991
12) As-Built Survey, prepared by Bench Mark Land Surveying & Mapping, Inc., dated December, 1995
Task 3 - Office Services
Prepare Sketch and Legal Descriptions on area's 1, 2 and 3 as mentioned above on 8-1/2" x 11" format and
reflect all easements and rights-of-way of record.
Revise Club Area to include a portion of Jaeger Drive for access.
Revise Parking Area to match previous boundary information provided by the city.
Task 4 - Client Services
Deliver and review sketch and legal descriptions with City Attorney.
Task 5 - Field Services
Survey Crew.. field traverse subject properties, tie in existing control and property corners.
Survey Crew .. topography location of all above ground existing improvements, tennis courts, buildings, pool,
patio, lighting, walkways, asphalt parking fencing,
Survey Crew .. Set or except existing corners.
Club Property.. 29 corners
Parking Area .. 14 corners
Tennis Area .. 4 comers
Task 6 - Office Services
Balance field traverse information. Give directions to survey crew property corners to be set. Download daily
field topography information. Process information and set up for CADD drafting. Prepare CADD drawings for
each parcel requested. Field check topography locations of CADD documents.
Task 7 - Client Services
Deliver and review survey documents to City Attorney and City Engineer.
Task 8 - Office Services
Revise survey documents to reflect certifications requested by City Attorney.
Task 9 - Office Services
Meet with City Attomey and discuss additional legal documents that need to be reviewed to see if they encumber
the subject parcels. Reviewed legals and met with City Attorney and provided rough exhibits showing parcels in
question.
Heller - Weaver and Cato, Inc.
Engineers. Surveyors
Thursday, April 06, 2000
Randal Krejcarek, PE
Page 3
Task 10- Office Services
Meet with City Attorney and discuss additional legal documents that need to be reviewed to see if they also
encumber the subject parcels. Reviewed legals and met with City Attorney and provided rough exhibits showing
parcels in question.
Task 11 - Client Meeting on Site
Meet with City Attorney, Tennis Facility Manager, Laver's Condominium Association. Discuss and show group
physical boundary locations relative to recreational improvements and walkways.
I believe that all survey matters of the City's concerns related to the acquisition of these parcels are taken care of.
However, you should get final determination from the City Attorneys office. I hope this correspondence
enlightens you on the complexity and magnitude of our efforts. Should you have any questions or require
anything further on my part, please call.
ly,
ver,~er and Sheremeta, Inc.
File: lavers
Heller - Weaver and Cato, Inc.
Engineers. Surxeyors
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM 1~'./~. - REGULakR MEETING OF MAY 2, 2000
CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/MURRAY
DATE:
LOGAN CONSTRUCTION (REHABILITATION OF LIFT STATIONS)
APRIL 28, 2000
This is before the City Commission to approve closeout Change Order #1 in the net deduct amount
of $881.00 and final payment in the amount of $15,645.40 to Murray Logan Construcuon, Inc. for
completion of the Rehabilitation of Lift Stations 13, 24 & 26 project. The final change order reflects
miscellaneous as-btult unit price quantity adjustments. The project zs complete and all of the work has
been respected and approved by staff.
Funding will be from 442-5178-536-61.83 (Lift Station Conversion to Submersible).
Recommend approval of closeout Change Order #1 and the request for final payment to Murray
Logan Constructton, Inc. as outlined above.
Ref:Agmemol 6.Closeout. Mu~ay Logan.Rehab of Lift Stanons
Agenda Item NO.:
AGENDA REQUEST
Date: April 26, 2000
Request to be placed on:
X Regular Agenda
. Special Agenda
~ Workshop Agenda
When: May 2, 2000
Description of item (who, what, where, how much): Attached for Commission approval is an
agenda request for Change Order #1, Final to Murray Logan Construction, Inc. on the
above referenced Project. It encompasses miscellaneous as-built unit price quantity
adjustments. All changes are itemized per Schedule A attached to the Change Order.
Change Order #1, Final is for a net deduct of $881.00. Funding Source 442-5178-536-
61.83- (Lift Station Conversion to Submersible).
Approval is also requested to make final payment to Murray Logan Construction, Inc.
in the amount of $15,645.40. A Contractor Performance Evaluation is attached for you
review.
ORDINANCE/RESOLUTION REQUIRED: YE~_.~RAFT ATTACHED YE~
Recommendation: Staff Recommends~,,~ap~ to
/7.~1_1 of Change Order #1, Final and Final Payment Murray
Logan
Construction,
Inc.
///I
Department Head /~ /_
Signature: ~ ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (rezqui~d on all items involving expenditure of funds): Funding available: ~O
Funding alternatives (if applicable)
Account No. & Description ,¢z~ ;~-,-¢/f-/~' -~__.~ ~/. ~.3 .,~F'~z~,=~
Account Balance ~/~~-~/~/Oo~-~:~,c ~'~;/' - /~/..¢~2~,,
City Manager Review: ~)
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/D~sapproved
/agecol .doc
Memorandum
To:
From:
Date:
Re:
David T. Harden, City Manager
Howard Wight, Dep Dir Construction Divi~~-~
/.
April 26, 2000
Rehabilitation of Lift Station t3, 24 and 26 - Project 99-36
Closeout Change Order #1, Final and Final Payment Request
Attached for Commission approval is an agenda request for Change Order #1, Final to
Murray Logan Construction, Inc. on the above referenced Project. It encompasses
miscellaneous as-built unit price quantity adjustments. All changes are itemized per
Schedule A attached to the Change Order.
Change Order #1, Final is for a net deduct of $881.00. Funding Source 442-5178-
536-61.83- (Lift Station Conversion to Submersible).
Approval is also requested to make final payment to Murray Logan Construction,
Inc. in the amount of $15,645.40. A Contractor Performance Evaluation is attached
for you review.
File: 9936A
:colmem.doc
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE ORDER NO. One (1), Final PROJECT NO. 98-85 DATE:
PROJECT TITLE: Rehabilitation of Lift Stations 13, 24 and 26
TO CONTRACTOR: Murray Logan Construction, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND
SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO
ALL CONTRACT STIPULATIONS AND COVENANTS.
_JUSTIFICATION:
Miscellaneous plus/minus closeout item adjustment for the above referenced Project.
Schedule A attached.
Specific changes am per
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT INCREASE/DECREASE THIS CHANGE ORDER -.2%%
TOTAL PER CENT INCREASE/DECREASE TO DATE -.2%%
$ 310,800.00
$0.00
$310,800.00
-$-881.00
$309,919.00
CERTIFIED STATEMENT:
I hereby cert~y that the supporting cost data included is, in my considered opinion,
accurate, that the prices quoted are fair and reasonable and in proper ratio to the cost of the
original work contracted for under benefit of competitive bidding
for Murray Logan Construction, Inc.
(sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
442-5178-536-61.83- (Lift Station Conversion to Submersible).
FUNDS BUDGETED CODE
RECOMMEND:
for Environmental Services
By:.
DELRAY BEACH, FLORIDA
By its City Commission
David Schmidt, MAYOR
APPROVED:
City Attomey
By:
A'CrEST:
City Clerk
~...\9936~constrct~colfrm.doc
Rehabilitation of Lift Station #13, 24 and 26
Schedule A, Change Order #1, Final
PROJECT 99-36
Lift Station 13 Mobd~zat[on 1 LS $3,000.00 $3.000 00
Ltft Stabon 13 As built 1 LS $660 00 $660 00
L~ Station 13 Rehab~htat~on I LS $87,340 00 $87,340 00
Ln't Station 24 Moblhzaflon 1 L$ $3,000 00 $3,000 00
L~ Staaon 24 As built I LS $660 00 $660 00
L~ Station 24 Rehab~htat~on 1 LS $86,340 00 $86,340 00
Ln't Station 26 Mobilization 1 LS $3,000 00 $3,000 00
L~ Stetmn 26 As bu~ I LS $660.00 $660 00
9 Ltft Stetton 26 Rehab~l~atton I LS $116,130 00 $116,130 00
10 IndemnificatJon 1 LS $10 00 $10 00
11 M~sc Work Allowance I LS $10,000 00 $10,000 00
Furnish and Install NE 5th St Flapgate 0 LS $2,819 00 $0 O0
Remove and Reinstall Pump #3 - Afl Ave Station 0 LS $2,500 00 $0 00
Furmsh and Install V~nyl Fence Slats ~ L S 24 & 26 0 LS $1,400 00 $0 00
Furnish and install Concrete driveway ~ L.S. 13 & 24 0 LS $2,400 O0 $0 00
$310,800.00
1 LS $3,000 00 $3,000 00
1 LS $66O00 $66O00
1 LS $87,340 00 $87,340 00
1 LS $3,000 00 $3,000 00
1 LS $660 00 $660 00
I LS $86,340 00 $86,340 00
1 LS $3,000 00 $3,000 00
1 LS $660 00 $660 00
1 LS $116,130 00 $116,130 00
1 LS $10 00 $10 00
0 LS $10,000 00 $0 00
I LS $2,819 00 $2,819 00
1 LS $2,500 00 $2,500 00
1 LS $1,400 00 $1,400 00
I LS $2,400 00 $2,400 00
' $309,919.00
Net DEDUCT Change Order #1, Final ($88t .00)
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM ~. ~. - REGULAR MEETING OF MAY 2, 2000
INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY (N.E. 4TM
STREET)
APRIL 28, 2000
This is a proposed mterlocal agreement between the City and Palm Beach County related to roadway
improvements along N.E. 4m Street from Swinton Avenue eastward to N.E. 6m Avenue (northbound
Federal H~ghway), as well as jurisdictional responsibility.
The agreement provides that the City will assume responsibility for the jurisdiction, control and
maintenance of this segment of N.E. 4th Street. In addinon, the C~ty agrees to design and construct
the roadway n'nprovements by August 15, 2002. Palm Beach County agrees to transfer jurisdiction
and to remnburse the City for design and construction costs m an amount not to exceed $234,500.00.
The contemplated improvements may include, but are not lirmted to, adding turn lanes, paving, curb
and gutter, drainage, sxdewalks, s~-nng, striping and other appurtenances needed to construct a safe
corridor. The City has a maintenance crossing agreement with the FEC for the railroad crossing and
will be responsible for coordinatmg maprovements to the crossing into the overall project.
Approval of the interlocal agreement is recommended.
RefiAgmemol Interlocal Agreement. PBC NE 4th Street
Agenda Item No.
AGENDA REQUEST
Date: 24-Apr-00
Request to be placed on:
X
Regular Agenda
Special Agenda
Workshop Agenda
When: 02-May-00
Description of item (who, what, where, how much): The attached agenda item is for Commission
approval/authorization for the Mayor to execute Lake Ida Road Agreement with Palm Beach
County. This agreement covers two items: 1) transfers control of rights-of-way along NE 4th
Street from N Swinton Avenue to US 1 to the City, and 2) the County will reimburse the City up
to $234,500.00 for improvements along this corridor. The City has agreed to design and
construct these improvements by 15 August 2002. There is no cost to the City for this
agreement.
ORDINANCE/RESOLUTION REQUIRED: YES,NO DRAFT ATTACHED YES/NO
Recommendation: Staff recor~ds~,p.~oval/~u~ho~j,~ion.
Department head signature \_0,~_. _ .,..~3//"~:~L~&~:~;z> ~- Z¢~~,O
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: YES/NO
Funding alternatives
Account No. & Description
Account Balance
(if applicable)
City Manager Review:
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:~EngAdminV~rojectst2OOO~2OOO-OO3~OFFIClAL tagendaO5-O2-OO, doc
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
DATE:
SUBJECT:
David T. Harden, CityManager
Randal Krejcarek, P.E., City Engineer
24 April 2000
NE 4t~ Street - NE 2nd Avenue to Federal Highway (USJ)
Commission Agenda Item
Project # 2000-003
The attached agenda item is for Commission approval/authorization for the Mayor to
execute Lake Ida Road Agreement with Palm Beach County. This agreement covers
two items related to this street: 1) transfers control of rights-of-way along NE 4t~ Street
from N Swinton Avenue to US 1 to the City of Delray Beach, and 2) the County will
reimburse the City up to $234,500.00 for improvements along this corridor. The City
has agreed to design and construct these improvements by 15 August 2002.
The attached map indicates the rights-of-way to be transferred to the City.
There is no cost to the City for this agreement.
enc
cc:
Richard Hasko, P.E., Director of Env. Svcs.
Joseph Safford, Finance Director
File 2000-047
~ess~v~2~DEPARTMENTS~EngAdmin~Pr~jects~2~2~3t~FF~AL ~agendamem~5-~2-~d~c
N W. 8'~4 ST.
BU:S~
NE
5~ CT
NE.
rill
LAKE
IDA ROAD
NE
NE.
1ST
ATLANTIC
AVENUE
ST.
CITY OF DELRAY BEACH AND
PALM BEACH COUNTY INTERLOCAL AaREEMENT
THIS AaREEMENT, is made and entered into this day of __
· 2000, by and between the City of Delray Beach, a
political subdivision of the State of Florida, hereinafter "CITY",
and PALM BEACH COUNTY, a political subdivision of the State of
Florida, hereinafter "COUNTY".
WITNESSETH =
WHEREAS, the CITY and the COUNTY are authorized to enter into
this agreement pursuant to Section 163.01, Florida Statutes, as
emended, which permits local governmental units to make the most
efficient use of their powers by enabling them to cooperate with
other localities on a basis of mutual advantage; and
WHEREAS, the CITY desires roadway improvements along Lake Ida
Road/N.E. 4th Street, from Swinton Avenue to Federal Highway
(US1), hereinafter "PROJECT"; and
WHEREAS, the COUNTY is prepared to financially assist the CITY
through a reimbursement process as the PROJECT progresses; and
WHEREAS, the PROJECT is located entirely within the corporate
limits of the CITY; and
WHEREAS, the Florida Department of Transportation's (FDOT)
records list the COUNTY as having jurisdiction of Lake Ida
Road/N.E. 4th Street from Swinton Avenue to Federal Highway (US1);
and
WHEREAS, the FEC Railroad has a Maintenance Crossing Agreement
with the CITY for this same section of road; and
WHEREAS, the CITY and the COUNTY mutually agree under the
terms of this agreement that it is in the public interest to
clarify the jurisdiction, control, title· interest, and maintenance
responsibility of Lake Ida Road/N.E. 4th Street from Swinton Avenue
to Federal Highway (US1) to be solely the CITYts responsibility
upon execution of the Agreement.
WHEREAS, both the CITY and the COUNTY declare that it is in
the public interest that the PROJECT be considered and implemented
as a joint effort; and
NOW, THEREFORE, for and in consideration of the mutual
covenants contained herein, the parties agree as follows=
1. The recitals set forth above are hereby adopted and
incorporated in this agreement.
2. The CITY agrees to=
A. Be solely responsible for the Jurisdiction, control,
title, interest, and maintenance of Lake Ida Road/N.E.
4th Street from Swinton Avenue to Federal Highway (U.S.
1) immediately upon full execution of this agreement.
B. Accomplish the design, permitting, any required railroad
coordination, and construction of the improvements to
Lake Ida Road/N.E. 4th Street as described as the PROJECT
in paragraph 2.B.(1) below and with the time frame
described in paragraph 2.B.(2) below.
(1) The PROJECT shall consist of improvements that may
include, but are not limited to, adding turn
lane(s), paving, curb and ~utter, drainage,
sidewalks, si~ning, striping and other
appurtenances needed to construct a safe corridor.
Although the CITY cannot control the maintenance
scheduling of the railroad, it is the CITY's intent
to coordinate improvements to the railroad crossing
-2-
with the PROJECT. The PROJECT limits shall be from
NE 2nd Avenue to US 1.
(2) The proposed time frame for the PROJECT is as
follows~
FY 1999/2000 - Design
FY 2000/2001 - Construction
C. Invoice the County for any eligible reimbursement items
prior to August 15, 2002. (The intent of this is that
the County would make any reimbursement payments prior to
the 2001/2002 fiscal year ending date of September 30,
2002.)
D. Be solely responsible for any PROJECT costs in excess of
$234,500.00.
COUNTY agrees to=
A. Concur that
the jurisdiction, control, title,
interest, and maintenance of Lake Ida Road/N.E. 4th
Street from Swinton Avenue to Federal Highway (U.S.
1) is solely the CITY's responsibility effective
immediately upon full execution of this Agreement.
B. Reimburse, subject to budget, the CITY for the
CITY"s costs of design and construction for the
PROJECT improvements as defined in Paragraph 2, in
an amount not to exceed $234,500.00. The County
shall only have this reimbursement obligation for
invoices received from the CITY prior to August 15,
2002.
4. The CITY shall submit no more frequently than monthly,
invoices to the COUNTY, which will include a reference to this
-3-
cx~ OrD~U~yB~X~O~~-~A~/~.~.4~ S~
Agreement, identify the project, include the CITY's exl0enditure
since the last invoice as well as the accumulative total
expenditure for the PROJECT, and identify the amount due and
payable to the CITY. Invoices shall be itemized in sufficient
detail for pre-payment audit thereof and shall be supported by
copies of the corresponding paid vendor invoices and substantiated
proof of payment and performance. The CITY shall supply any
further documentation deemed necessary by the COUNTY. Invoices
received from the CITY will be reviewed and approved by the County
Engineer's Office, indicating that expenditures have been made in
conformity with this Agreement and then will be sent to the
COUNTY's Finance Department for final approval and payment.
Invoices will normally be paid within thirty (30) days following
approval.
5. The CITY shall maintain adequate records to justify all
charges, expenses, and costs incurred in performing the work for at
least three (3) years after completion of the projects. The COUNTY
shall have access to all books, records, and documents as required
in this section for the purpose of inspection or audit during
normal business hours.
6. The COUNTY and the CITY agree that no person shall, on
the grounds of race, color, sex, national origin, sexual
orientation, handicap or religion, be excluded from the benefits of
or be subjected to any form of discrimination under any activity
carried out by the performance of this Agreement. The CITY will
ensure that all contracts for the PROJECT executed pursuant to the
terms of this Agreement, will contain a similar non-discrimination
and equal opportunity clause governing the contractor's activities.
-4-
7. The COUNTY and the CITY agree to be solely responslble
for any third party claim, liability, lawsuit, and damage award
arising out of their own negligence in the performance of this
Agreement for acts, or decisions of that party that are totally
within the purview of that party or are the responsibillty of that
party under this Agreement. The foregoing shall not constitute a
waiver of sovereign immunity beyond the limits set forth in Florida
Statutes, Section 768.28, nor shall the same be construed to
constitute agreement by any party to indemnify any other party for
such other party's negligent, willful, or intentional acts or
omissions.
8. At all times during the term of any contract, between the
CITY and a contractor, that is executed for the PROJECT, after
execution of this Agreement and pursuant to its terms, said
contractor shall maintain in force Comprehensive ~eneral Liability
Insurance, Property Damage Insurance, Worker's Compensation
Insurance, and Vehicle Liability Insurance in the amounts required
in the bid documents and requirements prepared by the CITY. The
COUNTY and the CITY shall be named as additional insured parties to
such insurance.
(Intentionally left blank)
-5-
CITY OF DELRAY BEAC~ INTERLOCAL A~RE~NT - LAKE IDA ROAD/N.E. 4TH STREET
9. All notices required to be given under
shall be addressed to:
COUNTY
Palm Beach County Department of
Engineering and Public Works
Attn= Assistant County Engineer
Post Office Box 21229
West Palm Beach, Florida 33416-1229
CITY
City Manager
City of Delray Beach
100 N. W. First Avenue
Delray Beach, Florida
33444
this Agreement
10. This Agreement represents the entire understanding
between parties, and supersedes all other negotiations,
representations, or agreement, either written or oral, relating to
the subject matter of this Agreement.
11. In the event that any portion of this Agreement shall be
held invalid for any reason, such invalidity shall not affect the
remaining portions of this Agreement and the same shall remain in
full force and effect.
12. This Agreement will be governed by all applicable State
and local laws.
13. A copy of this Agreement shall be filed with the Clerk of
the Circuit Court in and for Palm Beach County, Florida.
(Intentionally left blank)
-6-
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement and it is effective on the date first above written.
CITY OF DELRAY BEACH,
BY ITS CITY COMMISSION
PALM BEACH COUNTY, FLORIDA BY ITS
BOARD OF COUNTY COMMISSIONERS
By:
MAYOR DATE CHAIR
DATE
ATTEST:
By:
CITY CLERK
DEPUTY CLERK
APPROVED AS TO FOP.MAND LEGAL SUFFICIENCY:
By: By:
CITY ATTORNEY COUNTY ATTORNEY
-?-
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~(
AGENDA ITEM ~'/'/' - REGULAR MEETING OF MAY 2, 2000
RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS
DATE: APRIL 25, 2000
Ttus is before the City Commission to ratify the actions taken by the South Central Regional Wastewater
Treatment and Disposal Board on April 20, 2000. By a vote of 6 to 0, the SCRWTD Board approved the
following:
Authorizalaon to enter into a contract with Bright Cleaning Service, Inc., dated May 1, 2000, for the
sum of $295.00 per month for janitorial services. This contract will be in effect until March 1, 2001
and may be renewed for two (2) addittonal one year terms after that date.
· Authorization to expend $17,830 for Hazen & Sawyer to inspect the Ocean Outfall unliv, ing the
$82,006 of the remaining Board surplus fund appropriated in 1995/1996 for the Ocean Ouffall repairs.
· Authorization to expend $20,000 from the Repair & Replacement fund on an emergency basis for
electrical components damaged by surges or voltage drop on #1 and #2 centrifuge.
· Authonzatton to expend $9,000 from the Repair & Replacement fund on an emergency basis for reuse
system components.
· Authonzauon to expend $9,500 from the Reparr & Replacement fund to replace the present telephone
system.
· Authorization to expend $35,000 from the Repair & Replacement fund to purchase and install an ABB
variable frequency drive on #2 effluent pump.
Recommend ratificauon of the actions approved by the SCRWTD Board on April 20, 2000.
RefiAgmemol 6.SCRWTD Board Action of 4 20 O0
BOARD
City Council Members of
Boynton Beach & Delray Beach
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
1801 North Congress Avenue · Delray Beach, Florida 33445
Telephone
(561) 272-7061 (561) 734-2577
Fax: (561) 265-2357
E-marl: scrwwtp@ix.netcom com
MEMORANDUM
TO:
FROM:
DATE:
City Clerk's Office,
City Of Delray Beach
Mary Ann Shumilla
April 21, 2000
RE:
RATIFICATIONS FOR SIGNATURE
Attached are Ratifications from the Quarterly Annual Meeting of April 20, 2000 which
require signatures. Would you place these on the Agenda for your next Commission
meeting.
Would you contact me at 272-7061 when the Ratifications are executed.
Thank you.
ChV/ o
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF APRIL 20, 2000
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on April 20, 2000, by a vote of 6-0, approve AUTHORIZATION TO ENTER INTO
CONTRACT WITH BRIGHT CLEANING SERVICE, INC., DATED MAY 1, 2000, FOR
THE SUM OF ;~295.00 PER MONTH FOR JANITORIAL SERVICES. THIS CONTRACT
WILL BE IN EFFECT UNTIL MARCH 1. 2001 AND MAY BE RENEWED FOR AN
ADDITIONAL (2) ONE YEAR TERMS AFTER THAT DA TE.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this day of , , by a vote.
cn'Y OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF APRIL 20, 2000
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on Apri120, 2000, by a vote of 6-0, approve AUTHORIZA TiON TO E~PEND ~17,830.
FOR HAZEN & SA VVYER TO INSPECT THE OCEAN OUTFALL UTILIZING THE,982,006
OF THE REMAINING BOARD SURPLUS FUND APPROPRIA TED IN 1995/1996 FOR
THE OCEAN OUTFALL REPAIRS.
WHEREAS, said Board action requires ratification by the City of Boynton Beach end
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approve es to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF APRIL 20, 2000
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on April20, 2000, by a vote of 6-0, approve AUTHORIZATION TO EXPEND ~20,000.
FROM REPAIR & REPL4 CEMENT FUND ON AN EMERG ENC Y BA SIS FOR EL EC TRICAL
COMPONENTS CAUSED BY SURGES OR VOLTAGE DROP ON #1 AND #2
CENTRIFUGE.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this ~ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF APRIL 20, 2000
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on April 20, 2000, by a vote of 6-0, approve AUTHORIZATION TO EXPEND ;9,000.
FROM THE REPAIR & REPLACEMENT FUND ON AN EMERGENCY BASIS FOR REUSE
SYSTEM COMPONENTS.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this ~ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF APRIL 20, 2000
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on April 20, 2000, by a vote of 6-0, approve AUTHORIZATION TO EXPEND '~9,500
FROM THE REPAIR & REPLA CEMENT FUND TO REPLACE THE PRESENT TELEPHONE
SYSTEM.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this ~ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
FROI'I : $CI:~LIB FIq:~: It0. : 5~12~52~?. __ Iqpro -~?, 2000 11:36~1'],, , ,P1
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF APRIL 20, 2000
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on Ap~'Jl 20, .2000, by a vote of 6-0, approve AUTHORIZATION TO EXPEND
~35,000. FROM REPAIR & REPLAC~~ FUND TO PURCHASE AND INSTALL AN
AB~ VARIABLE FREQUENCY' DRIVE ON #2 EFFLUENT PUMP.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this ~ day of , , by a vote.
CIT~ OF DELI:lAY BEACH
By;
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
j#of I~.
Post-it~ Fax Note 7671 Da,e '~'/Z 7 !pa~ /'
Fax #
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM ~ - REGULAR MEETING OF MARCH 21, 2000
RESOLUTION NO. 37-00
DATE: APRIL 28, 2000
This is a resolution assessing costs for abatement action required to remove nuisances on seventeen (17)
properties throughout the City.
The resolution sets forth the actual costs recurred and provides the mechanism to attach liens against the
propemes in the event the assessments remain unpaid.
Recommend approval of Resolution No. 37-00.
RefiAgmemol 5.Res37-00.NmsanceAbatement
RESOLUTION NO. 37-00
A RESOLUTION OF THE CXTY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, PURSUANT TO CHAPTER I00 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON
CERTAIN LAND(S) LOCATED NITHIN THE CITY OF DELRAY BEACH AND PROVIDING
THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMRNT~
SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES~
PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND iNTEREST ON
ASSESSMENTS~ PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND
DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID
ASSESSMENTS.
WHEREAS, the City Manager or his designated representative has, pursuant to
Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon
certain lots or parcels of land, described in the list attached hereto and made & part
hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances~ and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of
Ordinances of the City of Delray Beach, the City Manager or his designated
representative has inspected said land(s) and has determined that a nuisance existed in
accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and
did furnish the respective owner(e) of the land(s) described in the attached list with
written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the
Code of Ordinances describing the nature of the nuisance(s) and sent notice that within
ten (10) days from the date of said notice forty-two (42) days in the case of violation
of Section 100.04 pertaining to seawalls) they must abate laid nuisance, or file a
written request for a hearing to review the decision that & nuisance existed within ten
(10) days from the date of said notice, failing which the City of Delr&y Beach would
proceed to correct this condition by abating such nuisance, and that the cost thereof
would be levied as an assessment against said property~ and,
WHEREAS, the property owner(s) named in the list attached hereto and made a
part hereof did fail and neglect to abate the nuisance(s) existing upon their
respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22
within the time limits prescribed in said notice and Chapter 100 of the Code of
Ordinances, or if the property owner(s) did request and receive a hearing, said
property owner(s) failed and/or neglected to abate such nuisance(s) within the time
designated at the hearing wherein a decision was rendered adverse to the property
owner(s)! ~nd,
WHEREAS, the City of Delray Beach, through the City Administration or such
agents or contractors hired by the City A~--4nistration was therefore required to and
did enter upon tho iand(s) described in the list attached and made a part hereof and
incurred costs in &bating the subject nuisance(s) existing thereon as described in the
notice; and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant to
Chapter 100 of tho Code of Ordinances of the City of Delray Beach, submitted to tho
City Com~ission a report of the costs incurred in abating said nuisance(s) as
aforesaid, said r&port indicating tho costs per parcel of land involved; and,
WHEREAS, the City Commission of tho City of Delray Beach, pursuant to
Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s)
against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DRLRAY
BEACH, FLORIDA, AS FOLLOWS=
Section 1. That assessments in the individual ~u~ounts as shown by the
report of the City Manager of the City of Delray Beach, involving the City's cost of
abating the aforesaid nuisances upon the lots or parcels of land described in said
report, a copy of which is attached hereto and made a part hereof, are hereby levied
against the parcel(s) of land described in said report ~nd in the amount(s) indicated
thereon. Said assessments so levied shall, if not paid within thirty (30) days after
mailing of the notice described in Soc. 3, become a lien upon the respective lots and
parcel(s) of land described in said report, of the same nature and to the same extent
as the lien for general city taxes and shall be collectible in the same manner as
mortgages and foreclosures are under state law.
Section 2. That such assessments Ihs11 be legal, valid and binding
obligations upon the property against which said assessments are levied.
Section 3. That the City Clerk of the City of Delray Beach is hereby
directed to im~ediately mail by first class mail to the owner(s) of the property, as
such ownership appears upon the records of the County Tax Assessor, notice(s) that the
City Commission of the City of Delray Beach on the has
levied an assessment against said property for the cost of abatement of said nuisance
by the City, and that said assessment is due and payable within thirty (30) days after
the mailing date of said notice of assessment, after which a lien shall be placed on
said property, and interest will accrue at the rate of 8% per annum, plus reasonable
attorney's fees and other costs of collecting said sums. A Notice of Lien shall be
mailed, along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty (30) days
from the date of adoption and the assessment(s) contained herein shall become due and
payable thirty (30) days after the mailing date of the notice of laid assessment(s),
after which a lien shall be placed on said property(s), and interest shall accrue at
the rate of eight (8) percent per ~nnum plus, if collection proceedings are necessary,
the costs of such proceedings including m reasonable attorneyms fee.
Section 5. That in the event that payment has not been received by the City
Clerk within thirty (30) days after the mailing date of the notice of assessment, the
City Clerk is hereby directed to record a certified copy of this resolution in the
public records of Palm Beach County, Florida, and upon the date and time of recording
Res. No. 37-00
of the cert£fied copy of this resolution · lien eh&11 become effective on the subject
property which shall secure the cost of ab&tement, interest at the r&te of 8%, ·nd
collection costs ~ncluding · re&son~ble ·ttorney's fee.
AI~ ADOPTED ~n regul·r mession on this the d&y of
2000.
MAYOR
ATTEST
City Clerk
Res. No. 37-00
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
RIDGEWOOD HEIGHTS DELRAY, LOTS 1 & 2/LESS VALENTINE GABALDON &
N 15 FT RD PJONV BLOCK B, PB 14, P 44, FRANCES GABALDON
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 321 DATURA STREET
(702 SW 10TH STREET) 'WEST PALM BEACH, FL
33401-5401 $ 50.95
$ 70.00 ADM. FEE
RUBY L. HARRIS
TOWN OF DELRAY S 37.5 FT OF N 75 FT OF C/O P C. WELLS
W 130.44 FT OF E 155.44 FT OF E 1/2 OF 7012 SUNNYSIDE LANE
S 1/2, BLOCK 4, PB 1, P 3, PUBLIC RECORDS OF FT. WASHINGTON, MD
PALM BEACH COUNTY, FL 20744-4325
(NW 7TH AVENUE, 2ND LOT SO OF 24) $ 58.93
$ 70.00 ADM.FEE
TOWN OF DELRAY, LOT 23, BLOCK 41, JAMES CLINTON &
PB 23, PB 5, P 69, PUBLIC RECORDS ROBIN Y. HOLMON
OF PALM BEACH COUNTY, FL 333 NW 3RD AVENUE
(333 NW 3RD AVENUE) DELRAY BEACH, FL 33444 $ 68.29
$ 70.00 ADM.FEE
TOWN OF DELRAY, N 50 FI OF S 356.4 FT OF ADELENE JENKINS
E 135 FT OF BLOCK 24, PB 1, P 3, PUBLIC P.O. BOX 1993
~RECORDS OF PALM BEACH COUNTY, FL DELRAY BEACH, FL 33447
(322 SW5TH AVENUE) $ 50.95
$ 70.00 ADM.FEE
OSCEOLA PARK, S 1/2 OF LOT 8 1 ALL OF LOT 9, ALFONSO RIVERA
BLOCK 8, PB 14, P 58, PUBLIC RECORDS OF GUADOLUPE RIVERA
PALM BEACH COUNTY, FL RR 2 BOX 1154
~(734 SE 4TH AVENUE) SPRING CITY, TN 37381 $ 194.50
$ 70.00 !ADM. FEE
TOWN OF DELRAY, LOT 26, BLOCK 81, PB 5, P 64, CONRAD D. MIKULEC &
!PUBLIC RECORDS OF PALM BEACH COUNTY, FL PATRICIA H. MIKULEC
,(382 NE 3RD AVENUE) 2552 SO. FEDERAL HVVY #10
BOYNTON BEACH, FL 33435 $ 50.95
$ 70.00 ADM.FEE
4
Res. No. 37-00
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
NICOLS 2ND ADD TO DELRAY BEACH, LOT 14, MOLLIE K. BOWLES
PB 21, P 70, PUBLIC RECORDS OF PALM BEACH GUARDIANSHIP PROGRAM
COUNTY, FL OF DADE COUNTY
(304 SW 7TH STREET) 7950 NW 53RD ST. #301
MIAMI, FL 33166-7903 $ 91.85
$ 70.00 ADM. FEE
-- MARIA DELACONCEpcION
SOUTHRIDGE, LOT 29, BLOCK 1, PB 13, P 38, VILLA TOLEDO
PUBLIC RECORDS OF PALM BEACH COUNTY, FL AVEIDA PAEL PARAISO
(321 STERLING AVENUE) ~_CARACAS, VENEZUELA 00038 $ 50.95
$ 70.00 ADM. FEE
TOWN OF DELRAY, N 58 FT OF S 312.12 FT OF
E 135 FT, BLOCK 10, PB 1, P 3, PUBLIC IVERSON I.ASTER
RECORDS OF PALM BEACH COUNTY, FL P.O. BOX 1225
(NW 6TH AVE., VAC LOT SO OF 228) , BOYNTON BEACH, FL 33425 $ 92 90
$ 70.00 IADM. FEE
POINCIANA HEIGHTS OF DELRAY BEACH, FREDDIE M. SMITH
LOT 24, PB 26, P 245, PUBLIC RECORDS OF 332 NW 11TH AVENUE
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
(332 NW 11TH AVENUE) $ 50.95
$ 70.00 ADM. FEE
ATLANTIC GARDENS DELRAY, LOT 12, BLOCK 5,
PB 14, P 56, PUBLIC RECORDS OF PALM S. & OLIVE STUBBS i ~
BEACH COUNTY, FL 622 SW 5TH AVENUE
(SW 12TH AVE., VACANT LOT NO. OF 15) DELRAY BEACH, FL 33444 $ 70.00
-$ 70.00 ABM. FEE
MARGARITA TORRES
DELI=AY MANOR ADD TO DELRAY, E 40 FT OF
163o PLEASANT HILL ROAD # 333
LOT 116 & W 20 FT OF LOT 117, PB 12, P 59, DULUTH, GA 33096-5899
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
(417 SW9TH STREET) $ 83.00
$ 70.0~-ADM. FEE
Res. No. 37-00
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
RICHARD A COURT, EST
DELL PARK, LOTS 3 & 4, BLOCK 8, PB 8, P 56, 1525 WEST 1600 NORTH
PUBLIC RECORDS OF PALM BEACH COUNTY, FL MAPLETON, UT 84~64-3334
_(1012 NE 3~R? AVENUE) $ 70 00
.......... t $ 15 95 ADM. FEE
TROPIC ISLE 3RD SECTION~ LOT 3-67, PB 25, P 37.
NElL SOLLINGER &
PUBLIC RECORDS OF PALM BEACH COUNTY, FL LESLIE SOLLINGER
(2923 SPANISH TRAIL) 2923 SPANISH TRAIL
DELRAY BEACH, FL 33483 $ 42.00
i $ 70.00 ,ADM FEE
TOWN OF DELRAY, LOT 8 (LESS S 48.69 FT OF LEVIATHAN LAND GROUP, INC.
N 53.45 FT) & LOT 9 (LESS S 48 69 FT OF N 53.45 c/o STEVEN E. COHEN, PEG.AGENT
800 NW 62ND STREET, STE 200
FT OF W 22.91 FT, BLOCK 84, PB 1, P 3, FT LAUDERDALE, FL 33309
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
(201 &_ MORE EAST ATLANTIC AVENUE) . ~[ $~ 2~4.0~0~
_ t$ 70'00iADMF~EE
ATLANTIC PARK GARDENS, D~L~RAY,~O~ 1~, J.D. & EARLINE MONROE - - -
BLOCK 2, PB 14, P 63, PUBLIC RECORDS OF 32 EARLE STREET , I
PALM BEACH COUNTY, FL HARTFORD, CT 06120-1714
_(39 s~vv I~3T~H A_VENU~E~) ......... $ 57.00
S 70.00 ADM FEE
TOWN OF DELRAY, LOTS 8 & 9, BLOCK 15, ALFREDA GORDON
PB 13, P 18, PUBLIC RECORDS OF PALM 1824 NW68TH STREET
BEACH COUNTY, FL MIAMI, FL 33147-7458
(SW7TH AVE , VACANT LOT NO OF 217) ' $ 62 00
$ 7000 ADM. FEE
I
VIOLATION IS: SEC. 100-01 - LAND TO BE KEPT FREE OF DEBRIS,
VEGETATION, MATTER CONSTITUTING HAZARDS, DECLARED NUISANCE
/
6
Res. No. 37-00
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM ~' ~- REGULAR MEETING OF MAY 2, 2000
REVIEW OF APPEAl.ABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: APRIL 25, 2000
Attached is the Report of Appealable Land Use Items for the period April 17~h through April 28,
2000. It reforms the Commission of the various land use actions taken by the designated boards
which may be appealed by the City Comrmsslon.
Recommend review of the appealable actions for the period stated. Receive and file the report as
appropriate.
RefiApagrnemo/Appealables/05.02.00
TO: DAVID T. HARDEN, CITY MANAGER
THRU: ~GU~Z,---~P NNING AND ZONING DIRECTOR
FROM: //~ASMIN AL , NER
SUBJECT: MEETING OF MAY 2, 2000 *CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS APRIL 17, 2000THRU APRIL
28, 2OOO
The action requested of the City Commission is that of review of appealable actions which were
made by various Boards during the period of April 17, 2000 through April 28, 2000.
This is the method of informing the City Commission of the land use actions, taken by
designated Boards, which may be appealed by the City Commission After this meeting, the
appeal period shall expire (unless the 10 day minimum has not occurred).
Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears
appeals of actions taken by an approving Board. It also provides that the City Commission may
file an appeal. To do so:
1. The item must be raised by a Commission member.
2. By motion, an action must be taken to place the item on the next meeting of
the Commission as an appealed item.
No appealable items were considered by the Board. The following items which were considered
by the Board will be forwarded to the City Commission for action.
Recommended approval (5 to 0, Carter abstained, Eliopoulos absent) of a conditional use
modification request to allow the construction of an 80obed dormitory and the elimination of
44 existing beds, resulting in a net increase of 36 beds within the residential
treatment program for the Drug Abuse Foundation of Palm Beach County (Seimens-Evert
Campus), located at the southwest corner of South Swinton Avenue and SW 4th Street.
Recommended approval (6 to 0) of the abandonment of the north/south and east/west
alleyways lying within Block 36, which is located on the north side of West Atlantic Avenue,
between NW 3rd and 4th Avenues (associated with the Community Redevelopment Agency's
Request for Proposals for the redevelopment of this block).
City Commission Documentation
Appealable Items Meeting of May 2, 2000
Page 2
Recommended approval (6 to 0) of the combined preliminary/final plat for Swinton Place, a
proposed 19-unit townhouse development, located on the east side of Sw~nton Avenue, at
the SW 7th Street intersection.
The Board approved the site plans (Class V) and landscape plans for the construction of four
parking lots within the Seacrest/Del-lda Neighborhood. The development proposals were
submitted by the Community Redevelopment Agency (CRA) in keeping w~th the Seacrest
Neighborhood Plan which called for the CRA to purchase private property for the construction
of parking lots to relieve on-street parking. The affected lots are as follows:
Approved (4 to 0, Friess and Smith absent, DeCapito abstained) the construction of an
18-space parking lot and playground on NE 13th Street. Concurrently, the Board
granted a waiver eliminating the required 5' sidewalk along NE 13th Street.
Approved (4 to 0) the construction of a 12-space parking lot on NE 12t~ Street.
Concurrently, the Board granted waivers reducing the required landscape strip from 5' to
4' along the east and west property lines and eliminated the required 5' sidewalk along
NE 12th Street.
Approved (4 to 0) the construction of a 12-space parking lot at the southwest corner of
NE 12th Street and NE 3rd Avenue. Concurrently, the Board approved a waiver reducing
the required landscape strip from 5' to 4' along the west property line and to a minimum
of 2' on the east property line.
Approved (4 to 0) the construction of a 13-space parking lot on the west side of NE 3rd
Avenue, between NE 9th and 10th Streets. Concurrently, the Board approved a waiver to
the required landscape strip from 5' to 4' adjacent to the north and south property lines.
In addition, the Board took the following action:
Eo
Approved (5 to 0) a Class V site plan, landscape plan and architectural elevation plan
associated with the demolibon of an existing gasoline station and reconstruction of a
gasoline station with convenience store and food mart for Gas Depot Gasoline Station,
located at the northwest corner of West Atlantic Avenue and Barw~ck Road.
No Regular Meeting was held during this period.
By motion, receive and file this report.
Attachment:
· Location Map
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting -
MAY 2,200O
SU/.J= STREAM 8L VD.
i
L,~ CANAL
LAKE I~A
ROAL
I I I
I-._. J
g W 2ND ST
LOWS~ BO~L~ARD
$~
UNTON BOULEVARD
i
i
~
CANAL
S.P.R,A.B.:
A. SEACREST/DEL-IDA PARK NEIGHBORHOOD PARKING LOT
(A T N, E. 13TH STREET)
B, SEACREST/DEL-IDA PARK NEIGHBORHOOD PARKING LOT
(A T N. E. f 2TH STREET)
C, SEACREST/DEL-IDA PARK NEIGHBORHOOD PARKING LOT
(AT N.E. 12TH STREET & N.E. 3RD AVENUE)
D. SEACREST/DEL,IDA PARK NEIGHBORHOOD PARKING LOT
(A T N.E. 3RD AVENUE, BETWEEN N.E. 9TH ST. & N.E. lOTH ST,)
E, GAS DEPOT
......... crPf LIMITS .........
ONE MILE
GRAPH/C SCALE
CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
1999
- . OIGITAL BASE I~IAP $~$TE]I-.
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM ~, ]~ - REGULAR MEETING OF MAY 2, 2000
AWARD OF BIDS AND CONTRACTS
DATE: APRIL 26, 2000
This is before the City Commission to approve the award of the following Nds and contracts:
B~d award to Chemical Lime Company of Alabama, Inc., via City of Boynton Beach co-op
bid, for the purchase of bulk qmcklime at an estimated annual cost of $313,379.80, w~th
funding from 441-5122-536-52.21 (Water Treatment & Storage - Chermcals).
B~d award for the att conchtioning services and repairs annual contract to Atlantic
Refrigeration as prtmary contractor and to CGR Construction Company as secondary
contractor, at an estimated annual cost of $27,640 with funding from various departmental
operating budgets.
Recommend approval of the bid and contract awards hsted above.
Ref:Bid Agmerno.05.02.00
AGENDA ITEM NUMBER'
Request to be placed on:
AGENDA REQUEST
May 02, 2000
Date: April 26, 2000
XX Consent Agenda
When:
Description of agenda item:
Special Agenda
Workshop Agenda
Approve bid award to Chemical Lime Company of Alabama Inc. for the purchase of bulk quicklime
via the City of Boynton Beach Co-op Bid #049-2821-00/KR at an estimated annual cost of
$313,379 80.
ORDINANCE/RESOLUTION REQUIRED: YES
Draft Attached: YES
NO
NO
Recommendation:
Award to Chemical Lime Company of Alabama Inc. for the purchase of bulk quicklime via the City
of Boynton Beach Co-op Bid #049-2821-00/KR at an estimated annual cost of $313,379.80.
Funding from account code 441-5122-536-52.21 (fiscal year 2000-2001)
Department Head Signature:
Determination of Consistency wita,~omprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available:
Funding alternatives:
Account Number:
Account Description:
Account Balance:
Yes~Z~ No
City Manager Review:
Approved for agenda:
Hold Until:
(if applicable)
No
Agenda Coordinator Review:
Received'
Action: Approved Disapproved
MEMORANDUM
TO:
FROM:
THROUGH:
DATE:
David T. Harden, City Manager
Jacklyn Rooney, Purchasing Supervisor
Josep~¢Finance Director
April 26, 2000
SUBJECT:
DOCUMENTATION - CTIY COMMISSION MEETING
MAY 2, 2000 - BID AWARD - PURCHASE OF BULK
QUICKLIME FROM CHEMICAL LIME COMPANY OF ALABAMA INC.
VIA THE CITY OF BOYNTON BEACH
CO-OP BID #049-2821-00/KR
Item Before Commission:
City Commission is requested to approve the award for the purchase of bulk quicklime from
Chemical Lime Company of Alabama, Inc. via the City of Boynton Beach Co-op Bid #049-2821-
00/KR at an estimated annual cost of $313,379.80.
Background:
The City of Boynton Beach is the lead agency for this cooperative bid. Bids were received on
April 11, 2000 from two (2) vendors based on estimated annual quantities of the participating
governmental entities. (Documentation on file in the Purchasing Office). A tabulation of bids is
attached for your review.
The City of Boynton Beach recommends award to low bidder (Chemical Lime Company of
Alabama, Inc.) per item. See attached memo dated April 18, 2000 to members of the
Cooperative Purchasing Council of Palm Beach. This award is scheduled for the City of
Boynton Beach Council Agenda meeting of May 2, 2000.
The Manager of the Water Treatment recommends award to Chemical Lime Company of
Alabama, Inc. as stated on attached memo dated April 19, 2000.
Recommendation:
Staff recommends award to Chemical Lime Company of Alabama, Inc. for the purchase of bulk
quicklime at an estimated annual cost of $313,379.80. Funding from account code 441-5122-
536-52.21 (fiscal year 2000 - 2001).
Attachments:
Tabulation of Bids
Memo From City of Boynton Beach
Memo from Manager Water Treatment Plant
City Of Delray Beach
Department of Environmental Services
M E M 0 R A
N D U M
TO: Jackie Rooney
FROM: Don Haley ~
SUBJECT: Co-op Bid "Bulk Quicklime"
DATE: April 19, 2000
The W.T.P. agrees with the award to Chemical Lime for our annual purchase of quicklime, at
the amount of $102.95 per ton delivered. The annual usuage for the fy00/01 will be 3,044 tons.
3,044 tons x $102.95 = $313,379.80.
cc: Dan Beatty
IIESSRVOO21rtngersenlmemo forrnat~qutckhme update041900 doc
561~457i66 C'TY O.F DELRA¥ BEACh, 59]~ FO:~ APP 18 ~00
MEMORANDUM
, II __ I I IIII ii_ J~.l ...... _ I
TO: All Participating Entities DATE: April 15, 2000
(sec distribt,~tion list)
FROM:
Procur~
SUBJECT: "Co-Op Bulk Quicklime"
Bid 1~)49-2821-00/KR
~&__l[[' [ · .... Ill Il l['~ '__~['i ~ _. I JIi ' i
Our user dcpath~cnt would like to award the above referenced bid to Chemical Lime Company of
Alabama, Ix~c,
If you concur with this award pice.sc rcspond as soon as possibt~., we would like to bc able to placv this
on thc May 2, 2000 Agenda (our deadline is April 19, 2000)..~b fax~ t u: ( $ 61 ) ? 42- 6306.
Thank you for your prompt attemion m ~his matter, if you havc any qu~tiov, s or conocrns, do not
hesitate to call me at (561) 742-6322.
CONCUR WITH THE AWARD TO CHEMICAL LIME COMPANY OF ALABAMA, INC.:
DISTRIBUTION LIST'
City of D~lray Bcsch/Jackic Rooney (561) 243-7166
City of Lake Worth/Toni Anderson ($61]~ 586-1673
City of Wcat Palm Beach/Nora Laudermilk ($61) 835-00214
So. Ccuual R. ogional WWTP/Bryan GayoBo (561) 265-2357
Town of Highland Beach/Jack l,ee (561 ) 9~S-904~
Villago of Wzllington/Jamea Vol.kman (~61) 798.5397
00~
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AGENDAITEM NUMBER:
AGENDA REQUEST
Request to be placed on: May 02, 2000
Date:
April 27, 2000
XX Consent Agenda ~ Special Agenda ~ Workshop Agenda
When:
Description of agenda item:
Approve bid award (Bid #2000-16) to Atlantic Refrigeration as primary contractor and to CGR
Construction Company as secondary contractor for the annual contract for air conditioning
services and repairs at an estimated annual cost of $27,640.
ORDINANCE/RESOLUTION REQUIRED: YES
Draft Attached: YES
NO
NO
Recommendation:
Approve annual contract to Atlantic Refrigeration as primary contractor and to CGR Construction
Company as secondary contractor at an estimated annual cost of $27,640 for a~r conditioning
services and repairs. Funding from various departments operation budget.
Department Head Signal--,
Determination of Consistency '~Comprehens~ve P~ran~:'
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available:
Funding alternatives:
Account Number:
Account Description:
Account Balance:
No
(if applicable)
City Manager Review:
Approved for agenda:
Hold Until:
No
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
MEMORANDUM
TO:
FROM:
THROUGH:
DATE:
David T. Harden, City Manager
Jacklyn Rooney, Purchasing Supervis~k'
Joseph Sa~nance Director
April 27, 2000
SUBJECT:
DOCUMENTATION - CTIY COMMISSION MEETING
MAY 02, 2000 - BID AWARD -BID #2000-16
AIR CONDITIONING SERVICES AND REPAIRS
ANNUAL CONTRACT
Item Before Commission:
City Commission is requested to approve bid award for the annual contract for air conditioning
services and repairs to Atlantic Refrigeration as primary contractor and to CGR Construction
Company as backup contractor for an estimated annual cost of $27,640.
Background:
Bids were received on March 31, 2000, from six (6) contractors all in accordance with
Purchasing Policies and Procedures. (Bid #2000-16 on file in the Purchasing Office). A
tabulation of bids is attached for your review.
A bid protest letter was received from the second low bidder, CGR Construction, on April 06,
2000. This protest was reviewed by the City Attorney's Office, and the final determination was
that the protest was not to be considered. See attached memo dated April 25, 2000, to CGR
Construction from Purchasing.
The Deputy Director of Public Works recommends award to low bidder, Atlantic Refrigeration
as primary contractor and to 2nd 1OW bidder, CGR Construction Company as backup contractor if
for any reason primary contractor can not perform per specifications. See attached memo dated
April 12, 2000.
Recommendation:
Staff recommends award to Atlantic Refrigeration as primary contractor and to CGR
Construction Company as secondary contractor for an estimated annual cost of $27,640.
Funding from various departments operating budget.
Attachments:
Tabulation of Bids
Memo to CGR Construction
Memo from Deputy Director Public Works
[fly DF DELARY BERCH
DELRAY BEACH
AII-AmericaCity
100 N.W. 1st AVENUE
April 25, 2000
1993
DELRAY BEACH, FLORIDA 33444 · 561/243-7000
Sheryl L. Rebosio, President
CGR Construction Company Incorp.
20220 S.W. 51st Court
Pembroke Pines, Florida 33332
Bid #2000-16
Air Conditioning Services and Repairs
Protest Letter Received April 06, 2000
Dear Ms. Rebosio,
Your protest letter dated April 06, 2000, was not received in a timely manner, therefore
your bid protest will not be considered.
Staff is recommending award to low bidder Atlantic Refrigeration as primary contractor
and to 2"a low bidder CGR Construction Company Incorporated as backup contractor if
for any reason primary contractor can not perform per specifications.
If you have any questions in regards to this matter, you may reach me at (561) 243-7163.
Sincerely,
Purchasing Supervisor
Cc:
Joseph ~~'Finance Director
Susan RubyT, City Attorney
David Harden, City Manager
Prated on Recyc/ed Paper
THE EFFORT ALWAYS MATTERS
FROM' CARLO GUIDO REBOSIO TO JACKIE ROONEY
CGR
CONSTItU(:TION
COMPANY
I hCOR POll AT£D
STATE CERTIFIED
DATE 4/6/00 TIME
11 08 ,46, AM
PAGE 2 Of 2
BONDED
April 6, 2000
Jackie Rooncy
Cit3t of Delray Beach
Purchasing Office
100 NWI Ave
Delray Beach, FL 33444
RECF VED
APE l)6 2000
PliC SIN6, OEP[
Rc: A/C Service and Repair Annul Contract-2000-16
Dear Madam;
The purpose of this le~er is to officially protest Bid tabulations fo~ the above referenced conlxact.
It is the intent of the specifications to solicit responsive bidders to perform work on an hourly basis.
Atlantic Refi-igeration and Quality Air Conditioning have provided low hourly rates for "after hours"
In order to qualify them selves as a responsive low bidder. It would be beneficial to hke
Atlantic ~ and Quality Air cooditioning if90% of the work is to be performed "After Hours".
Atlantic Refrigeration and Quality Air Conditioning have manipulated their figures to reflect a Iow bid for
the purpose of obtaining an annual contract. During the course of this contract the contractor will visit
many proje~'ts and provide the owner with an elevated estimate now, with more hours than need~! to
perform the work.
CGR Conslruction Co. Inc. believes that all the contractors should be awarded the annual contract therefore
all the contractors can be invited to provide a competitive bid on all the work orders.
Should you have any questions or additional comments do not hesitate to contact our office.
Sincerely;
Sheryl L. Rcbosio, President
LICENSED
INSURED
:GC056662
;MC056766
:CC056819
:JC056652
A W 0 M E N ' S M I N 0 R I T Y B U S I N E $ S E N T E R P R I S E
20Z20 S.W. 51ST COURT, PE~aROKE PINES, FL 33332 m PHONE 954-680-7878 · FAX 95d-680-6166
MEMORANDUM
TO:
FROM:
Jackie Rooney, Purchasing Supervisor
Hoyt Owens, Deputy Director Public Works~l~
DATE: April 12, 2000
SUBJECT:
BID #2000 - 16
AIR CONDITIONING SERVICES AND REPAIRS
As per your request, Public Works has reviewed the subject bid tabulation document, the BID PROTEST
PROCEDURE, and the protest letter from C.G.R. Construction Company. Copies of the above-cited
documents are attached. My comments are, as follows:
Your bid tabulation document provides an ascending listing of bid respondents based solely on their
total monetary bid response. The tabulation figures are correct. Several of the bid respondents have
provided unusual responses for their technician and apprentice hourly rates. The overtime rates that are
provided are unusual, since some of the rates are lower than the usual 1.5 multiplier and some are
higher than the usual 1.5 multiplier. However, regardless of the bidders' hourly rates the bid
respondent has the privilege to provide a response that makes their company competitive in the market
place.
A review of the previous corresponding bids for the same services in 1997 / Bid #97 - 16 (copies
attached) provides very similar responses from eight contractors. In the 1997 bid the overtime rates are
the same, as the regular hourly rate, or are lower than the usual 1.5-multipher rate for overtime. Again,
this is a contractor's choice for providing the lowest and most responsive bid.
After reviewing the BID PROTEST PROCEDURE and the letter from C.G.R. Construction Company
the protest letter does not comply with the time line established for a response. However, it is my
understanding that C.G.R. Construction Company was not provided a copy of the BID PROTEST
PROCEDURE and the procedure is not included in the bid package. Consequently, after consultation
with Brian Shutt it appears that the Commission must formally deal with the protest issue.
C.G.R. Construction Company suggests that the City award the bid to all &the respondents on the bid
and secure multiple quotes every time we have a need for air conditioning services and repairs. This
suggestion compromises the intent of the bid. Pubhc Works does not have unlimited time to secure
quotations every time we are in need of these services
After reviewing previous bids for like services and the present Bid # 2000 - 16 it is my recommendation to
declare that the letter of protest from C.G.R. Construction Company does not have any merit and award Bid
# 2000 - 16 to the lowest overall bid respondent, Atlantic Refrigeration Corporation, as the primary
contractor. Consistent with previous service contracts within the City it is my recommendation to award
C.G.R. Construction Company, as the second lowest bidder, a contract, as the secondary contractor, for Bid
# 2000 - 16.
If you have any questions, please call.
attachments:
c: Bob Barcinski w/attachments
Jim Schmitz w/attachments
a:rooney 041200 bid200016 disk 13
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER
MEETING OF MAY 2, 2000
CONDITIONAL USE MODIFICATION REQUEST TO ALLOW THE CONSTRUCTION OF AN
80-BED DORMITORY FOR THE DRUG ABUSE FOUNDATION. WHICH IS LOCATED AT
THE SOUTHWEST CORNER OF SWINTON AVENUE AND SW 4tH STREET.
The Drug Abuse Foundation is a residential alcohol and drug abuse treatment facility that is currently
comprised of 114 beds in three dormitories. The conditional use modification request is for the construction of
a 10,093 square foot dormitory that will contain 80 beds, two meeting rooms, and associated toilet and
shower facilities. The objective is to allow for better utilization of the existing residential space on the campus,
and to add halfway house services for women. The original application for the modification indicated that 48
beds in existing dormitories would be eliminated, resulting in a net increase of 32 beds. At the Planning and
Zoning Board hearing on the request, the applicant revised the application to reflect that only 44 existing
beds will be eliminated, which is a net increase of 36 additional beds, for a total of 150 beds. The proposal
also includes the installation of 19 new parking spaces within an existing parking area and relocation of the
existing dumpster enclosure. Additional background and an analysis of the request are found in the attached
Planning and Zoning Board Staff Report.
At its meeting of April 17, 2000, the Planning and Zoning Board held a public headng in conjunction with
review of the request. No one from the public spoke in opposition or support of the item. After reviewing the
staff report and discussing the proposal, the Board voted 5-0 (Carter abstaining, Eliopoulos absent) to
recommend approval of the Conditional Use Modification request, based upon positive findings with respect to
Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and
policies of the Comprehensive Plan.
By motion, approve the Conditional Use request to expand the Drug Abuse Foundation as described herein,
based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) of the
Land Development Regulations, and the policies of the Comprehensive Plan, and subject to the findings of
the Planning and Zoning Board and the conditions in the attached P&Z Staff Report.
Attachments: P& Z Staff Report and Documentation of April 17, 2000
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
April 17, 2000
VA
Cond~bonal Use Modification to Allow the Construction of an 80-Bed Dormitory, the
Ehm~nation of 48 Existing Beds, Resulbng ~n a Net Increase of 32 Beds Within the
Residential Treatment Program for the Drug Abuse Foundabon of Palm Beach County,
(Se~mens-Evert Campus), Located at the Southwest Corner of South Swinton Avenue
and S.W 4th Street.
Owner ................................... Drug Abuse Foundation of
Palm Beach County, Inc.
Applicant ................................. Alton Taylor,
Executive D~rector
Agent ....................................... Jose A. Obeso
Location .................................. Located at the southwest
corner of South Swinton
Avenue and S.W. 4th Street.
Property Size ............................ 6.60 Acres
Future Land Use Map ............... Community Facilities-
Churches
Current Zoning ...................... CF (Community Facilities)
Adjacent Zoning ............. North: OSR (Open Space &
Recreation) & R-1-A (Single
Family Residential)
East:RM (Multiple Residential-
Medium Density)
South:CF
West: C F
Existing Land Use ................... Drug Treatment Facility
Proposed Land Use .................. Conditional Use Modification
to allow the construction of an
80-bed dormitory, elimination
of 48 existing beds, which
results in a net increase of 32
beds, with associated parking
and landscaping.
Water Service .......................... Existing on site.
Sewer Service ......................... Existing on site.
Sw
2ND ST
5RD ST
CiTY OF DELRAY BEACH
PUBLIC WORKS
COMPLEX
TREATMENT SW 6TH ST
S w 7*H ST
S W 8TH CuRT
M.A.
The item before the Board is a request for Conditional Use modification approval for an
expansion to the Drug Abuse Foundation, pursuant to Section 2.4.5(E).
The subject property is located at the southwest corner of Swinton Avenue and SW 4th
Street.
Modifications to Conditional Use Approvals are processed pursuant to LDR Section
2.4.5(E)(7). The Planning and Zoning Board must approve modifications that involve
intensity of use or hours of operation. If however, the Board deems that the
modification is significant, then the modification must be heard as a new Conditional
Use application, requiring formal notification, public hearing, and final action by the City
Commission. This application has been processed and noticed as required for a new
Conditional Use application.
The subject property consists of Lot 20 of the Block 20 Subdivision, and contains 6.77
acres.
In 1988, the Drug Abuse Foundation petitioned the City for a rezoning of the property
from R-I-A (Single Family Residential) to CF (Community Facilities), as well as
conditional use and site plan approval for the establishment of a residential treatment
center. On November 8, 1988, the City Commission approved the rezoning request.
The City Commission approved the conditional use and site plan for the facility on
November 28, 1989.
In 1991, the Foundation applied for a minor site plan modification to convert the existing
church and Sunday School buildings to an auditorium and an administration facility.
The modification also included parking and landscape improvements. The modification
was approved with conditions by SPRAB on April 25, 1991. One of the conditions was
that a plat of the property be recorded. The plat was approved on June 23, 1992 by the
City Commission, but has not been recorded to date. A site plan modification for a
perimeter chain link and decorative aluminum fence was approved by SPRAB on
August 19, 1998.
P RO:J'E C 'T':"~DiE:S'C R I P T:I'ON
The Conditional Use Modification seeks to expand the total floor area to add 10,093
square feet to the existing 39,311 square foot Drug Abuse Foundation campus. The
modification approval would allow the following:
Planning and Zoning Board Staff Report
Drug Abuse Foundation - Conditional Use Modification
Page 2
Construction of a 10,093 square foot dormitory for 80 beds and elimination of 48
existing beds in three existing buildings, resulting in a net increase from 114 to 146
beds (32 additional beds);
· Installation of 19 additional parking spaces within an existing parking lot on the north
side of the proposed building; and
· Relocation of an existing dumpster enclosure at the southwest corner of the parking
area.
The applicant has submitted the following narrative that describes the operation:
"The proposed use of the new building will be as an Intensive Residential
Treatment Center. This is a multi length-of-stay program with average
stays in the 30 to 60 day range for men and women over the age of 18.
Clients participate in a strict regimen of clinical activities designed to
encourage and assist them in the following areas; understanding the
nature of addiction as a disease, recognizing their personal denial
systems, learning that family and social issues relate to recovery and
beginning a personalized program of recovery.
This new building would allow us to better utilize existing residential space
on campus. We would relocate the existing Intensive Program from its
current building to the new building. We would then relocate the Halfway
House Program for men into the vacated Intensive Residential Center.
We would then allow women to participate in a Halfway House Program
using the existing Halfway House building.
As a live-in treatment program the program would be open 24 hours per
day 365 days per year. Admission to the program would remain during
the same days and times as currently exists: Monday through Friday 8 am
to 9 p.m. and Saturdays 9 am to 6 p.m. All admissions are scheduled
appointments. Clients are forbidden by program rules to bring and store
automobiles on campus during their stay in this program. Clients are not
allowed to leave the facility during the program except for medical
emergencies."
The project narrative indicates that the proposed expansion will increase the number of
staff members on-site by six with the 32-net bed addition. The narrative concludes by
stating:
"The proposed changes would allow us to expand our capacity to provide
treatment services to those living in and around Delray Beach. The
creation of halfway house services for women supports the objective of
the Drug Task Force in its aim to make treatment services a priority for its
citizens."
Planning and Zoning Board Staff Report
Drug Abuse Foundation - Conditional Use Modification
Page 3
CONDITIONAL USE MODIFICATION ANALYSIS
II
REQUIRED FINDINGS: (Chapter 3):
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which
is part of the official record. This may be achieved through information on
the application, the staff report, or minutes. Findings shall be made by the
body which has the authority to approve or deny the development
application. These findings relate to the following four areas.
FUTURE LAND USE MAP: The use or structures must be allowed in the zone
district and the zoning district must be consistent with the land use designation).
The subject property has a Future Land Use Map designation of CF-C (Community
Facilities - Churches) and a zoning designation of CF (Community Facilities). The CF
zoning district is consistent with the land use map designation and "substance abuse
treatment facilities" is listed as a Conditional Use in the CF zone district [LDR Section
4.4.21 (D)(1)].
CONCURRENCY: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
Water and Sewer:
With respect to water and sewer service, the following is noted:
Water service exists to the site via a 10" main located in the north-south 25'-wide
easement that bisects the property. No main extensions or upgrades are
required with this development proposal. It is noted that adequate fire
suppression is not available to the proposed building, as access to the existing
fire hydrant on the south side of the property is restricted due to a chain-link
fence. Consequently, a condition of approval is attached in Exhibit "A"
(Technical Items) that the applicant provide a fire hydrant adjacent to the
proposed building.
Sewer service exists to the site via an 18" main located in the north-south 25'-
wide easement that bisects the property. No main extensions or upgrades are
required with this development proposal.
The Comprehensive Plan states that adequate water and sewer treatment capacity
exists to meet the adopted LOS at the City's build-out population based on the current
FLUM. The development of the subject property as a treatment facility was anticipated
Planning and Zoning Board Staff Report
Drug Abuse Foundation - Conditional Use Modification
Page 4
and was factored into the plan. Thus, a positive finding with respect to this level of
service standard can be made.
Drainaqe:
Paving and drainage plans are not required for the conditional use analysis. The
applicant has submitted a conceptual drainage plan that indicates that storm water
runoff will be accommodated on site via the existing drainage system. The conceptual
engineering plans will be reviewed in conjunction with the site plan modification
process. The drainage system will be required to comply with engineering standards at
this time and is noted in the attached Exhibit "A" (Technical Items). Thus, positive
findings with respect to this level of service standard can be made.
Streets and Traffic:
A traffic impact study was submitted indicating that the proposed use will generate 111
average daily trips onto the surrounding roadway network. There is adequate capacity
on the surrounding roadways to accommodate these trips. A traffic study was submitted
and reviewed by the Palm Beach County' Traffic Division. There are no problems
anticipated complying with the Palm Beach County Traffic Performance Standards
ordinance. However, a condition of approval is noted in Exhibit "A" that written
verification be provided by Palm Beach County that the proposal complies with the
traffic performance standards ordinance. Based upon the above, positive findings can
be made with respect to traffic concurrency.
Solid Waste:
The proposal calls for a 10,093 square foot dormitory. Trash generated each year by
the proposed 10,093 square foot facility would be 40.37 tons per year. The trash
generated by this proposal can be accommodated by existing facilities, therefore, a
positive finding with respect to this level of service standard can be made.
CONSISTENCY: Compliance with performance standards set forth in Chapter 3
and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall
be the basis upon which a finding of overall consistency is to be made. Other
objectives and policies found in the adopted Comprehensive Plan may be used in
making a finding of overall consistency.
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and no applicable policies were found.
SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3,
the City Commission must make findings that establishing the conditional use
will not:
Planning and Zoning Board Staff Report
Drug Abuse Foundation - Conditional Use Modification
Page 5
A. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
B. Nor that it will hinder development or redevelopment of nearby
properties.
The proposed use is bordered by the following zoning designations and land uses:
Direction Zonin~l ' Land Uses
North R-I-A Sin~lle Family
South & West CF Public Works Complex
East RM Multiple Family
Compatibility with the adjacent residential developments is not a concern. The existing
substance treatment facility has occupied the subject property since 1989 without any
known conflicts with the adjacent residential community. The surrounding area has
continued to develop with new housing and improvements to existing homes. The
proposed dormitory will be located on the south side of the existing Everet Siemens
residential dormitory. This existing building will obscure much of the proposed
dormitory with the remaining portions buffered by the existing perimeter landscaping.
The facility is well managed and maintained, and does not pose a threat to the
surrounding area.
Based on the above, a finding can be made that the proposed use will not have an
adverse impact on the surrounding area nor will it hinder development or
redevelopment of nearby properties.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
If the Conditional Use is approved, pursuant to LDR Section 2.4.5(E)(4) a site plan
submittal complying with the Land Development Regulations will be required.
Along with the Conditional Use request, a sketch plan has been submitted and
reviewed by staff. Based upon staff's review of the sketch plan and site
inspections, the "Technical Items" were identified which are attached as Exhibit
"A" (Technical Items). Most of the items relate to site plan issues. These will
need to be addressed with the site plan submittal. The proposal complies with
LDR Section 4.3.3(D) (Alcohol & Drug Abuse Treatment Facilities), except as
discussed below:
Minimum Floor Area:
Pursuant to LDR Section 4.3.3(D)(1)(a), the minimum floor area for bedrooms and the
minimum number of bathrooms for an Alcohol & Drug Abuse Treatment Facility shall be
governed by the Standard Housing Code Section of the Standard Building Code. Per
Section 308.5 (Minimum Floor Area for Sleeping Purposes) of the 1991 Standard
Housing Code, every room occupied for sleeping purposes by one person shall contain
at least 70 square feet of floor space and every room occupied for sleeping purposes
Planning and Zoning Board Staff Report
Drug Abuse Foundation - Conditional Use Modification
Page 6
by more than one person shall contain at least 50 square feet of floor space for each
occupant thereof. Given this area requirement, the four-bed rooms must provide a
minimum of 200-square feet and 400-square feet for the eight-bed rooms. According to
the enlarged floor plan, the required floor area is not provided for these rooms. In
discussions with staff, the applicant has proposed to enlarge the subject dormitory
correspondingly to meet the minimum floor area requirements. A condition of approval
is attached that sufficient floor area is provided to meet the requirements of the
Standard Housing Code.
Common Area:
Pursuant to LDR Section 4.3.3(D)(1)(b), at least 10% of the total floor area shall be
devoted to a common area, exclusive of halls, corridors, stairs, and elevator shafts,
wherein a variety of recreational or therapeutic activities may occur. Given the floor
area of the proposed addition (10,093 sq.ft.), a minimum of 1,009.3 square feet of floor
area is required for recreation or therapeutic activities. In to determine compliance, a
condition of approval is attached that a minimum of 10% of common floor area be
provided and noted on the proposed site plan.
II
'~'" RE:Vi'E~W'~BY'! OTHERS ~ ~:
The development proposal is within the geographical area requiring review by the
Community Redevelopment Agency (CRA).
Community Redevelopment Agency (CRA):
The CRA considered the Conditional Use Modification at its meeting of March 23, 2000,
and recommended approval.
Site Plan Review and Appearance Board:
If Conditional Use Modification approval is granted, a site plan modification submittal
will follow. Final action on the site plan submittal will rest with the SPRAB (Site Plan
Review and Appearance Board). The site plan must address the concerns raised
through the conditional use petition, and address the listed "Technical Items" (Exhibit
A).
Public Notice:
Formal public notice has been provided to property owners within a 500-foot radius of
the subject property. Letters of objection or support, if any, will be presented at the
Planning and Zoning Board meeting.
Special Courtesy and Neiqhborhood Notices:
Courtesy notices were provided to the following homeowner's associations and civic
organizations:
Planning and Zoning Board Staff Report
Drug Abuse Foundation - Conditional Use Modification
Page 7
[] Osceola Park HOA
[] PROD
[] President's Council
Letters of objection and support, if any, will be presented at the Planning and Zoning
Board meeting.
ASSESSMENT AND CONCLUSION
The proposed conditional use modification for the Drug Abuse Foundation to construct
an 80-bed dormitory is consistent with Chapter 3 of the Land Development Regulations
and the policies of the Comprehensive Plan. The "Technical Items" will be addressed
with the site plan submittal. The treatment facility provides a vital community service to
the City of Delray Beach. Positive findings with respect to LDR Section 2.4.5(E)(5)
(Conditional Use Findings) can be made that the proposed dormitory will not have a
significant detrimental effect on the stability of the surrounding neighborhood or hinder
development or redevelopment of nearby properties.
II
ALTERNATIVE ACTIONS~''
Co
Continue with direction.
Recommend to the City Commission approval of the Conditional Use
modification request for the Drug Abuse Foundation, based upon positive
findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)
(Conditional Use Findings) of the Land Development Regulations, and the
policies of the Comprehensive Plan.
Recommend to the City Commission denial of the Conditional Use modification
request for the Drug Abuse Foundation, based upon a failure to make positive
findings with respect to Section 2.4.5(E) (Conditional Use Findings) of the Land
Development Regulations, that the proposed development will have a
significantly detrimental effect upon the stability of the neighborhood and will
hinder development or redevelopment of nearby properties.
R E C O M M E N ~D,E D A'C ,T I 0 ~N,;:"i:
By motion, recommend to the City Commission approval of the Conditional Use
Modification request for the Drug Abuse Foundation, based upon positive findings
with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E) (Conditional
Use Findings) of the Land Development Regulations, and the policies of the
Comprehensive Plan, subject to the following conditions:
1. That a site plan application be submitted which addresses the Technical Items
noted in the attached Exhibit "A" and conditions of approval;
Planning and Zoning Board Staff Report
Drug Abuse Foundation - Conditional Use Modification
Page 8
2. That the sketch plan be revised to provide the minimum required floor area pursuant
to LDR Section 4.3.3(D)(1)(a) and the Standard Housing Code.
That the sketch plan be revised to provide a minimum of 10% of the total floor area
devoted to common area for a variety of recreational or therapeutic activities,
exclusive of halls, corridors, stairs, and elevator shafts pursuant to LDR Section
4.3.3(D)(1)(b).
Attachments:
· Exhibit "A"
· Location Map
° Sketch Plan
Report prepared by: Scott D. Pape, Senior Planner
Planning and Zoning Board Staff Report
Drug Abuse Foundation - Conditional Use Modification
Page 9
EXHIBIT A
TECHNICAL ITEMS
Pursuant to LDR Section 5.3.1(A), when development is adjacent to an existing
or planned street, the development shall be responsible for providing one-half of
the ultimate right-of-way, or such portion of that right-of-way that is yet
undedicated and which is on the development's side of the center line. However,
the City Engineer based on a favorable recommendation by the DSMG
(Development Services Management Group) may grant a reduction in the
required right-of-way. The DSMG approved the reduction in the ultimate right-of-
way for SW 3rd Avenue from 60' to 50'. The City is requesting a Quit Claim
deed, rather than dedication 25' along the west side of the property to the City.
In terms of SW 4th Street, the ultimate right-of-way is 60' wide. The existing
right-of-way is 50' wide. This item will be re-evaluated once an updated survey is
provided that indicates the location of the sidewalk along the north side of the
property. The location of the existing sidewalk must also be noted on the revised
site plan. If the sidewalk is located on the Foundation's property, then 5' must be
dedicated.
Pursuant to LDR Section 4.4.21(H)(1), a ten-foot perimeter building setback is
required. This required perimeter building setback must be landscaped. A site
plan modification will be required for the proposed addition and must include a
landscape plan that demonstrates compliance with this requirement.
Pursuant to LDR Section 4.6.8, a photometric plan is required with the
submission of the site plan modification.
The typical parking detail noted on the civil drawings indicates 90-degree parking
spaces. However, the parking area addition is for angled parking. In order to
determine compliance with LDR Section 4.6.9 (Off-Street Parking Regulations),
the dimensions of the new parking area with respect to circulation aisle widths
must be noted on the site plans.
Pursuant to LDR Section 4.6.16(E)(3), there shall be no vehicular encroachment
over or into any required landscape area. In order to prevent encroachment and
maintain a neat and orderly appearance of all planting areas adjacent to parking
spaces, accessways, and/or traffic, landscape areas shall be separated from
vehicular use areas by carstops or non-mountable, reinforced concrete curbing
of the type characterized as "Type D." The site plan should be revised to note
said curbing around all landscape areas adjacent to vehicular use areas.
Pursuant to LDR Section 4.6.16(H)(3)(n), all dumpster areas shall be screened.
A dumpster enclosure detail must be noted on the proposed site plan. The
proposed dumpster location appears to be within a landscape area with no
vehicular (paved) access. The dumpster enclosure should be designed to
accommodate the two dumpsters that are located in the existing parking area.
Planning and Zoning Board Staff Report
Drug Abuse Foundation - Conditional Use Modification
Page 10
7.
Pursuant to LDR Section 6.1.3(B)(1), a five-foot wide sidewalk is required within
the Swinton Avenue right-of-way adjacent to the eastern property line.
A fire hydrant must be located adjacent to the proposed building as the existing
fence restricts access to the existing fire hydrant along the south side of the
property.
The fence located along the west side of the property must be relocated out of
the right-of-way/property to be deeded to the City of Delray Beach.
10.
Provide a copy of the deed for the 25'-wide easement (Deed Book 490, Page
424) that traverses the property.
11. That a plat be recorded for the subject property prior to building permit approval.
12.
Pursuant to LDR Section 4.6.16(H)(3)(I), landscape islands shall contain a
minimum of 75 square feet with a minimum "inside" dimension of five-feet. The
islands are dimensioned at 5' from curb to curb.
13.
That a landscape plan and calculations shall be submitted based on LDR
Section 4.6.16.
14.
That the applicant shall submit written verification from Palm Beach County that
the proposal complies with the Traffic Performance Standards Ordinance.
J
2ND
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CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
DRUG ABUSE FOUNDATION OF PALM BEACH COUNTY
SEIMENS-EVERT CAMPUS
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SWINTON AVENUE
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DELRAY BEACH
Ail-America City
~FROM:
1993
SUBJECT:
100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 - 561/243-7000
MEMORANDUM
David T, Harden, City Manager
RobertBarcinski, City Manager
A.
Assistant
AGENDA ITEM - CITY COMMISSION MEETING MAY 2, 2000 SPECIAL
EVENT REQUEST - DOWNTOWN DELRAY SPRING ART FESTIVAL
DATE: April 26, 2000
Action
City Commission is requested to endorse the 2nd Annual Downtown Spring Art
Festival sponsored by Howard Alan Events, Ltd. to be held May 27-28, 2000, to
grant a temporary use permit per LDR's section 2.4.6(H) for use of city right-of-
way and parking, to authorize staff to apply for the FDOT street closure permit
and to authorize staff support for security, traffic control, and to barricading.
Background
Howard Alan Events, LTD. will be sponsoring the 2nd Annual Downtown Spring Art
Festival. This year again, a portion of the proceeds will be given to the Joint
Venture. Mr. Alan is requesting closure of Atlantic Avenue, from east of Venetian
to west side of Andrews tapered south to the west side of Salina. He is also
requesting use of Veterans Park for vendor parking. Mr. Alan has indicated that
he would rent and install barricades with volunteers. However, because Atlantic
Avenue will need to be barricaded, I am recommending that City staff install the
barricades for safety reasons. He is also requesting police assistance for security
and traffic control. The estimated overtime cost for City services $3,300. Mr. Alan
will pay for these costs as well as provide for trash removal, clean up, porta lets,
and barricade rental. Signage per LDR's section 4.6.7(D)(3)(j)(i) can be installed
one week prior to the event and must be under 20 square feet.
Recommendation
Staff recommends endorsement of the event, granting of the temporary use
permit for the street closure and parking lot use as requested, providing staff
assistance for traffic control and barricading as recommended, and allowing
the event sign to be installed with all overtime costs to be paid by the sponsor.
Approval to be contingent on the sponsor providing the required insurance
certificate and a hold harmless agreement.
RAB:tas
cc: Marjorie Ferrer
Flle:u.,~weeney/agenda
THE EFFORT ALWAYS MATTERS
EST
March 31, 2000
Mr. Robert Barcinski
Assistant City Manager
City of Delray
100 NW 1st Ave.
Delmy Beach, FL 33444
Dear Mr. Barcinski,
We are preparing for our Downtown Delray Beach Croft Festival to be held on Atlantic Ave. on the east side
of the intracoastal Waterway Bridge from the east side of Venetian and the barricades will taper to the west
side of Andrews up to the west side of Salena. Salena and Andrews will be left open.
Please be advised that the following logistics for Downtown Delray Beach Craft Festival, May 27 and 28,
2000.
Street Closure: Bob's Barricade will drop off20 barricades on Friday, May 26, 2000, around 5:00 PM and
will have his men block off the street.
Police: The Delray Police Department will arrange for Police and Security from 10:00 AM to 5:00 PM
Saturday and Sunday and overnight Saturday from 6:00 PM to 6:00 AM.
Port-O-Lets & Dumpster: 3 regular and 1 handicap port-o-let have been ordered through Waste
Management of Palm Beach and will be dropped off on Friday, May 26, 2000, and will be picked up on
Monday, May 29, 2000, with servicing Sunday, May 28, 2000. The 20 yard dumpster will also be delivered
Friday and picked up Monday. These will be placed in areas approved by the Delray Joint Venture.
Trash Receptacles: 20 trash receptacles will be supplied and maintained by our professional clean up crew
Profest (Mitch). They will handle clean up of the trash throughout the area each day.
Vendor Parking: RV's and large fig vehicles will park at the municipal lot behind 7th and Atlantic Ave. Cars
and vans will park at Nation's Bank during the day only.
If you have any questions, please feel free to call me at (954) 472-3755.
Sin
~ward Alan
President
Howard Alan Events, Ltd.
9695 W. BROWARD BI, VD. ,, PLANT4~TION, FLORll)~,
(95~1) ~72-3755 · FAX 1954) ~72-3891
www.artfest~val.com
33324
PALM
iSTAL
IA(
.x,, EAST
~.~
SEABREEZE
AVE.
WA
J BRONS~N
AVENUE~
[IT¥ OF DELRI:I¥ BEI:IgH
· I-~!I~caCJ~ 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000
David T. Harden, City Manager
1993 ~
FROM: obert A. Barcinski, Assistant City Manager
SUBJECT: AGENDA ITEM - CITY COMMISSION MEETING MAY 2, 2000 SPECIAL
EVENT REQUEST - HAITIAN FLAG DAY
DATE: April 27, 2000
Action
City Commission is requested to endorse the Haitian Flag Day Celebration
sponsored by Our Lady of Perpetual Help Catholic Church's Youth Group on
May 21, 2000. Commission is requested to grant a temporary use permit per
LDR's section 2.4.6(H) for use of Merritt Park, to authorize use and set up of City
stage, authorize staff support for security, trash removal and to consider waiving
overtime costs.
Background
The Youth Group of Our Lady of Perpetual Help Catholic Church is planning a
celebration for Haiti's Flag Day on May 2]st. A program will be held at the
church, followed by a procession to the park along SW 4th Street. Presentations,
poems, entertainment and food booths will be staged in the park. The park
would be used from approximately 4:30 p.m. until 8..00 p.m. The estimated
overtime cost for the event is $800.00. If the stage can be set up on Friday then
the cost would be about $400.00.
Recommendation
Staff recommends approval of the event, the temporary use permit, providing
staff assistance for security, stage set up and removal, and trash removal, and
consideration of waiving overtime costs. Approval would be contingent on the
sponsor providing the required liability insurance and hold harmless agreement.
RAB:tas
THE EFFORT ALWAYS MATTERS
HAITIAN Y'OUTH OF OUR LADY' OF PERPETUAL HELP CHURCH
[] ORDER OF Ct~-Li~-~P~TINfi OUR FlUff DA¥~HICH IS MA'/' ~.1, ~.000
THE NEED OF THE FACILITIES, TIlE CITY STAfiE AND THE ~-~.rCTRIC~ V/ILL
BE INQUIRED.
V/E WILL HAVE ONE BOOTH OF FOOD THE WILL CONSIST OF THE FOLLOWIN6S:
WATER
SOD&
HOT DO(i &.
tLAITIAN 6RIOT
THE ACTP/ITY' C~-I.~RP,2tTION ON THE PARK V/ILL BE AT APPROXIMATELY' 4:30
IN THE AFFERNOON AND IT V/ILL INCLUDF~
A PARADE FROM OUR L~DY' OF PF.J/PETUAL H~LP CHURCH V/HlCH IS ON 510
S.V/. 8TM AVF_JqUE TO THE PARK LOGATED ON S.V/. 4TM STREET (MERRITT PARK).
AT THE PARK 't~lJ. HAVE A VARIETY' OF SHOW'S FROM THE HAITIAN CULTURE?
SHOULD CONCLUDE OUR SHOV/S AROUND 7:30 PJd. FOLLOV/IN6 THAT OUR
CLEAN-UP CREW'V/ILL THEN START V/ORKIN6 ON CLEANINfi UP THE PARK.
FOR MORE INFORMATION PI.~tSE CONTACT THE FOLLOV/IN6S:
WiLNER ATHOURISTE (313-3738)
ClaIRE M~RS~II.I.~- (276-&880)
MA6ALIE PIERRE (391-8077)
FLAG DAY CELEBRATION
Mai I $* is our official Flag Day in Haiti. Here in Deiray Beach our celebration is
going to be on May 21'~. To celebrate this day, we, the Youth Group of Our Lady of
Perpetual Help, organize a series of marching exercises and theatrical shows.
This year, we have decided not to make it our celebration. That is why we have
decided to invite many other churches and organizations to join hands with us.
THE PROGRAM WILL BE AS FOLLOWED
3-4pm
4-5pm
5o7:30pm
7:30-8pm
Welcome
Parade, Show: presentation of the different participants
Presentations, Poems, more shows
Last presentations, Thank you words, conclusion
LET'S ALL HAVE A NICE PARTICIPATION
MEI~ITT PAP,/(
S.(¢. 4Tit STREET
~ELRA¥ 8EACit, FL
33444
,q,IAV 2 I, 2000
Once a year, Our Lady of Perpetual Help Catholic Church's Youth
Group in Delray Beach, celebrates Haiti's Flag Day through a series of
marching exercises and theatrical shows.
This year, many other churches and organizations have joined hands
with us to participate in this memorable event. The purpose of the
celebration is to remember and honor those who have sacrificed their lives
for our freedom and reinforce our Haitian pride.
We urge you to support our cause by making a contribution. Your
contribution and support will help us in the work that we are trying to
accomplish in a society in which our dream is become valuable members.
Remember, a proud nation of unity and purpose, can produce proud and
united children. We are, above all, the leaders of tomorrow.
So, please support us in our quest to
community, and most important, our lives.
make a difference in our
UERRITT PARK
S.01. 4TH .gTi~EET
~444
[iTY OF OELRI:I¥ BER[H
CITY ATTORNEY'S OFFICE
DELRAY BEACH
RECEIVED
CiTY t~'ANAGER
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
1993
DATE:
TO:
FROM:
MEMORANDUM
April 27, 2000
David T. Harden, City Manager
Brian Shutt, As~s~s~ Attorney
SUBJECT: Amended and Restated Agreement with Coca-Cola
The original agreement between the City and Coca-Cola was entered into on May 2,
1997 and was for a 3 year term. The contract also contained a 3 year renewal provision.
As their will be a few minor changes to the agreement, we have decided to clarify the
original terms of the agreement along with the revised changes by amending and
restating the original agreement.
The essential terms of the amended and restated agreement are as follows:
3 year term
$6,000.00 in annual cash payment to Parks Dept.
$15,000.00 annually in promotional items to the Parks Dept.
Possible $25,000.00 per year from the bounce back program
$97,335.00 per year in sponsorships to Matchpoint Inc.
12 blackout days to allow City to pursue other sponsors
The attached memo from Brahm Dubin also highlights certain portions of the agreement.
If this amended and restated agreement meets with your approval please place it on the
City Commission agenda.
Please call if you have any questions.
Golf & Tennis Management, Development &Consultatton
March 7, 2000
Mr. Dave Harden, City Manager
City of Delray Beach
100 NW 1" Ave.
Delray Beach, FL 33444
RECEIVED
MAR O 7
RCHASING,
Dear Mr. Harden:
Enclosed please find a proposal from the Florida Coca Cola Bottling Company in regards to
renewing its existing agreement with the City of Delray Beach for the three year option
period.
The annual value as detailed in the partnership summary equates to $143,335 or $430,005
over 3 years.
The City of Delray Beach will receive a guarantee of $6,000 cash annually, $15,000 in
promotional items for the Parks & Recreation Department and the possibility of an additional
$25,000 per year in a creative concept called "The Coca Cola Full Service Community
Vending program".
In addition, Matchpoint, Inc. will receive $97,335 in sponsorships which is in line with the
requirements of Matchpoint, Inc.
A very important element of this proposal is the fact that the Florida Coca Cola Bottling
company will grant twelve blackout days to the City of Delray Beach at the Delray Beach
Tennis Center. This will allow Citrix and the AVP Volleyball event to pursue other
sponsorship opportunities which are vital to their events.
Dubin & Associates recommends renewing the existing agreement with the Florida Coca Cola
Bottling Company for the three year option period.
We remain,
Yours Truly,
Brahm Dubin
BD/mbp
cc: Bob Barcinski, Assistant City Manager
Mark Baron, Matchpoint, Inc.
Jackie Rooney, Purchasing Dept
u:\p\bd~i~j~h~3d~Er~r~. Delray Beach, FL 33445 - (561) 243-7064 · Fax (561) 243-7386
AMENDED AND RESTATED AGREEMENT BETWEEN COCA-COLA
ENTERPRISES, INC., D/B/A FLORIDA COCA-COLA BOTTLING COMPANY
AND THE CITY OF DELRAY BEACH~ FLORIDA
THIS AMENDED and RESTATED AGREEMENT between COCA-COLA
ENTERPRISES, INC., d/b/a FLORIDA COCA-COLA BOTTLING COMPANY (Coca-
Cola) and the CITY OF DELRAY BEACH, FLORIDA (City) is made this __ day of
May, 2000.
WITNESSETH.'
WHEREAS, Coca-Cola and the City entered into an Agreement on May 2, 1997,
known as Bid # 97-17 - Soft Drink Vending Service Contact (Coca-Cola Contract); and
WHEREAS, Coca-Cola and the City wish to amend and restate the terms of the
Agreement dated May 2, 1997; and
NOW, THEREFORE, for the mutual promises, covenants, and agreements contained
herein, the parties covenant and agree as follows:
1. That the recitations set forth above are incorporated as if fully set forth herein.
2. The term of this contract shall commence upon execution by both parties and
extend until May 2, 2003.
3. Coca-Cola shall have exclusive pouring rights at the Delray Beach Municipal
Tennis Center (Tennis Center), except as provided by paragraph 8.
4. Coca-Cola shall have the full service vending placements as provided by
Exhibit "A", attached hereto and incorporated herein. Coca-Cola shall provide 24 hour, 7
days a week priority service for all mechanical problems with its equipment. Response time
bottled water.
Coca-Cola.
6.
will be within 24 hours of the service call. Response time for emergency fountain service
shall be within 2 hours of receiving a service call.
Coca-Cola shall provide the brand names as shown on Exhibit "B" as well as
The vending machines shall be filled by a full service driver employed by
Coca-Cola shall reimburse the City the following amounts from the sales it
incurs from the vending machines listed on Exhibit "A":
soft drinks, 12 oz. cans - 15% of net sales
juice, 11.5 oz. cans- 12% of net sales
bottled water, 16 oz. bottles - 12% of net sales
soft drinks, 20 oz. bottles - 15 To of net sales
isotonics, 11.5 oz. cans- 12To of net sales
following items:
a).
Coca-Cola shall provide on an annual basis throughout the 3 year term, the
Promotional items to the
Parks and Recreation Dept.
T-shirts/Youth Uniforms
Program Printing
Scoreboards
Snacks (afterschool program)
Value
$2,000
$ 500
$6,000
$1,5oo
b). Coca-Cola shall provide the City, annually, cash sponsorship of $6,000 to be
used at the discretion of the City.
c). Coca-Cola shall provide, annually, radio advertising in the amount of $5000 to
the City.
d). Coca-Cola shall provide the City, in reasonable quantities as requested by the
City, at no charge, the following items for special events:
Special Event Trailers
55-Gallon Plastic Barrels
Special Event customized 3' x 10' banners
64-Quart Ice Chests
10-Galon Thermo Coolers
Vendor Hawking Trays
Advanced booking of sixty days is requested to insure availability
8. During the term of this Agreement, the City shall be entitled to twelve (12)
blackout days, annually, where the City may seek other sponsorships for events at the Tennis
Center. The City shall provide 30 days notice to Coca-Cola of its intent to use all or part of
the 12 blackout days. If the City fails to notify Coca-Cola as provided for herein, Coca-Cola
shall have the right to provide carbonated soft drinks, isotonic beverages, and bottled water for
the Tennis Center event.
9. If Coca-Cola provides exclusive beverage pouring rights during the ATP
Tournament owned by Match Point, Inc., (presently known as the Citrix Tennis
Championships and referred to hereinafter as "Citrix Tournament"). Coca-Cola shall also
provide the following at no cost:
a). ITEMS VALUE
Donated Product (225 cs)
Donated Pre-Mix Tanks (30)
Barrel Coolers (15)
Visi-Coolers (10)
Custom Banners (5)
Media Tags (138)
$2,625
$ 51o
$1,500
$2,000
$1,000
$24,150
b). In addition, Coca-Cola will create a custom in store promotion with a local
retail parmer, supported by point-of-sale (value of $30,000.00). Coca-Cola shall also provide
ten (10) thematic truckbacks promoting the Citrix Tennis Championships scheduled 4 weeks
prior to the event (value of $30,000.00).
c).
Additional equipment that shall be available at no charge to the City for the
Citrix Tournament, in reasonable quantities as requested by the City, is as follows:
Special Event Trailers
55-Gallon Plastic Barrels
48-Quart Ice Chests
Vendor Hawking Trays
Portable Pre-Mix Units
Menu Boards
On site truck to store product
Pricing for Coca-Cola's product shall be as follows for the Citrix Tournament:
PACKAGE PR/CE
20oz CSD $16.25
12oz CSD $ 6.75
20 oz PowerAde $15.00
20 oz Dasani Water $10.60
20 oz Fruitopia $16.25
16 oz Minute Maid Juices $16.25
all net purchased cases.
Coca-Cola.
e).
A rebate of $2.75 on 20oz CSD, and $1.50 on 12oz CSD will be paid to the City for
All products must be purchased directly from the West Palm Beach
Coca-Cola shall also receive two (2) four seat boxes for all sessions of the
Citrix Tournament as well as ten (10) additional reserved tickets for all sessions.
10. Should the City fail to use its blackout days and Coca-Cola declines to exercise
its rights to sponsor the Citrix Tournament, the City will be permitted to seek outside
sponsorship for the Citrix Tournament or other events during a blackout period. Coca-Cola
retains its exclusive pouring rights at the Tennis Center subject to Paragraphs 8 and 9.
11. Coca-Cola shall offer the Full Service Bounce Back Program to the City. As
part of the program Coca-Cola shall attempt to place up to 25 full service vending machines at
4
various business and retail outlets. These business and retail outlets would then allow the
commissions received from the vending machines to be relinquished to the City.
12. This Agreement shall be governed by the laws of the State of Florida as now
and hereafter in force. The venue for actions arising out of this agreement shall be Palm
Beach County, Florida.
13. All notices, requests, demands, and other given if personally delivered or
mailed, certified mail, return receipt requested, to the following addresses to:
As to City: City of Delray Beach, Florida
100 N.W. 1st Avenue
Delray Beach, Florida 33444
As to Coca-Cola: Florida Coca-Cola Bottling Co.
6553 Garden Rd.
Riviera Beach, FL 33404
14. Coca-Cola shall not, without prior written consent of the City, assign any
portion of its interest under this contract and, specifically, Coca-Cola shall not assign any
moneys due or to become due without the prior written consent of the City.
15. The City and Coca-Cola each binds itself, its partners, successors, assigns and
legal representatives to the other party hereto in respect to all convenants, agreements and
obligations contained in the contract documents.
16. Coca-Cola, for good and valuable consideration shall indemnify, defend and
save harmless the City, its officer's agents, and employees, from or on account of any claims,
damages, received or sustained by any person or persons resulting from the work provided for
this Project; or by or in consequence of any negligence in connection with the same; or by use
of any improper materials or by or on account of any use of any improper materials or by or
on account of any act or omission of Coca-Cola or its subcontractors, agents, servants or
5
employees. Coca-Cola agrees to defend, indemnify and save harmless the City its officers,
agents and employees, against any liability arising from or based upon the violation of any
federal, state, county or city laws, by-laws, ordinances or regulations by Coca-Cola, its
subcontractors, agents, servants or employees.
Coca-Cola further agrees to defend, indemnify and save harmless the City, its officers,
agents, or employees from all such claims, fees, and from any and all suits and actions of
every name and description that may be brought against the City or its officers, agents or
employees on account of any claims, fees, royalties, or costs for any invention or patent, and
from any and all suits and actions that may be brought against the City, its officers, agents, or
employees for the infringement of any and all patents or patent rights claimed by any person,
firm or corporation.
The indemnification provided above shall obligate Coca-Cola to defend at its own
expense or to provide for such defense, at the City's option, any and all claims or liability and
all suits and actions of every name and description that may be brought against the City, its
officers, agents, or employees which may result from the operations and activities under this
contract whether the work be performed by Coca-Cola, its subcontractor or by anyone directly
or indirectly employed by either. This indemnification includes all costs and fees including
attorney's fees and costs at trial and appellate levels.
17. It is recognized by Coca-Cola that the City's Municipal Tennis Center has been
financed with proceeds of tax exempt debt and may be re-financed from time to time in the
future and that the Internal Revenue Code of 1986, as amended, limits the private use of
governmentally owned facilities constructed with tax exempt debt, such as a tennis stadium, in
order to maintain the tax exempt status of the debt issued to finance the same. This
6
Agreement shall automatically terminate, without any required notice by the City, if any
payment required to be made under the provisions of the Agreement with the City would,
together with any other private use payments made or required to be made by any other
entity(ies) or person(s) for the use of the tennis center or related facilities, adversely affect the
exclusion from gross income for federal income tax purposes on any interest obligation (herein
"negative tax consequences") of the City issued to finance or refinance the tennis center or any
part thereof. Such a termination shall not constitute a default on the part of either party to this
Agreement. Upon such termination, it is the intent of the parties hereto to enter into a new
agreement which would contain different or modified payment terms and/or amounts
acceptable to both of the parties hereto, and which, in the opinion of the City's bond counsel,
would not have negative tax consequences.
18. This Agreement shall be considered null and void unless signed by both Coca-
Cola and the City.
The contract documents constitute the entire agreement between the City and
and may only be altered, amended or repealed by a duly executed written
19.
Coca-Cola
instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the
day and year first above written.
ATTEST:
By:
City Clerk
CITY OF DELRAY BEACH, FLORIDA
By:
David Schmidt, Mayor
7
Approved as to legal sufficiency
and form:
City Attorney
WITNESSES:
COCA-COLA ENTERPRISES, INC.
By:
(Print or Type Name)
(Print or Type Name)
(Print or Type Name)
(SEAL)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2000, by , as
(name of officer or agent, title of officer or agent), of
(name of corporation acknowledging), a (state or place of incorporation)
corporation, on behalf of the corporation. He/She is personally known to me or has produced
(type of identification) as identification.
Notary Public - State of Florida
.MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM }0./~ . REGULAR MEETING OF MAY 2, 2000
ORDINANCE NO. 10-00(VALET PARKING QUEUE SIGNS)
DATE: APRIL 26, 2000
This is second reading and a public hearing for Ordinance No. 10-00 which amends Chapter 71 of
City Code allowing the City to place signs designating valet parking queues as well as allowing the
ticketing or removal of vehicles that illegally park in the spaces.
At the first reading on April 18e' , the City Commission passed Ordinance No. 10-00 by unanimous
vote.
Recommend approval of Ordinance No. 10-00 on second and final reading.
Ref. Agmemo21 .Ord. 10-00.ValetParkingQueueSigns
ORDINANCE NO. 10-00
AN ORDiNANCE OF THE CITY COMMISSION OF THE CITY OF
D~Y BEACH, FLORIDA, AMENDING CHAPTER 71, "PARKING
REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY
OF DELR~Y BEACH, BY AMENDING SECTION 71.022, ''PARKING
PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS",
TO PROVIDE FOR THE USE OF VALET PARKING QUEUES;
PROVIDiNG A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the City regulates parking on the streets within the City by signage
located adjacent to the parking spaces; and
WHEREAS, the City has entered into various agreements allowing the use of certain
parking spaces to be used as valet parking queues; and
WHERF~S, the City wishes to erect signs providing for the location of the parking
queues as well as the hours that they may be used.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 71, ''Parking Regulations", Section 71.022, "Parking
Prohibited During Certain Hours on Certain Streets", of the Code of Ordinances of the City of
Delray Beach be, and the same is hereby amended to read as follows:
Section 71.022 PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN
STREETS.
(A) When signs are erected in each block giving notice thereof, no person shall park
a vehicle between the hours specified in regulations promulgated by the Chief of Police or other
offictal designated by the Commission.
(13) When signs are erected in each block giving notice thereof, no person shall stop,
stand or park a vehicle between the hours of any day as specified in regulations promulgated by the
Chief of Police or other City official designated by the Commission, except Sundays and public
holidays, within the district or upon any of the streets described in the regulations.
(C) When s'_tgns are erected des'~mnatimg_ parking_ spaces to be used as a valet parking
queue, no person shall park a vehicle in said spaces between the hours specified on the si_ma..All
vehicles shall be removed from the designated valet parlrjng queues in accordance with the time
limits provided on the sctrns.
(D) The City shall have the authority to either issue a parking ticket or remove the
vehicle for violating Subsection (C).
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 paxt declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and
the same are hereby ~epealed.
Section 4. That this ordinance shall become effective immediately upon its passage
on second and final reading.
the 2nd
PASSED AND ADOPTED in reg,,l~r session on second and final reading on this
__ day of May .. ,2000.
ATTEST:
City ~lerk - ~ '
First Reading April 18, 2000
Second Reading May 2, 2000
MAYOR
Ord. No. 2-00
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
ITY MANAGER
AGENDA ITEM ]~t(~- REGULAR MEETING OF MAY 2, 2000
ORDINANCE NO. 11-00/11-00A
DATE: APRIL 28, 2000
Two ordinances are presented for the City Commission's consideration. The first, Ordinance No. 11-
00, provides for notification requirements for specified waivers but leaves the authority to grant
waivers with the City Commission. The second, Ordinance No. 11-00A, provides for notification
requirements but gives the Historic Preservation Board the authority to grant waivers for lustoric
properties.
I support the notice requirement, but I oppose giving the Historic Preservation Board waiver power.
In my opinion, decisions to allow increased density and construction on substandard lots should be
made by the City Commission.
I recommend that Ordinance No. 11-00 be passed on first reading and scheduled for public hearing
on May 16th, and that Ordinance No. 11-00A be voted down.
RefAgrnemol.Ord.ll-00.Clty Manager Comments
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER
DIANE DOMINGUEZ, DIRECTOR OF PLANNING AND ZONING
JASMIN ALLEN, PLANNER/~2,~,~',q,. ~
MEETING OF MAY 2, 2000
CONSIDERATION OF AN AMENDMENT TO LDR SECTIONS 4.1.4(C),
4.3.1 (D) AND 5.1.6(A) ESTABLISHING NOTIFICATION
REQUIREMENTS FOR GRANTING RELIEF TO CERTAIN MINIMUM
LOT DIMENSIONS
On March 7, 2000, the City Commission considered an amendment that would
establish formal notification requirements for the granting of relief to certain minimum lot
dimensions. The amendment applies to those sections of the Land Development
Regulations that involve:
1) The creation of new substandard lots, when the City Commission makes a
specific finding that it is necessary and appropriate to do so; and
2) Waivers that allow for the separate development of an existing nonconforming lot
of record that is under the same ownership as the adjacent lot.
The amendment would also give the Historic Preservation Board (HPB) the authority to
grant waivers as described in #2 above for properties located within historic districts or
listed on the Local Register of Historic Places. The City Commission raised objections
with respect to giving the HPB waiver authority, and requested that prior to
reconsidering an amended ordinance, comments be obtained from the Historic
Preservation Board on the proposed change.
The proposed text change was placed on the HPB agenda for April 5, 2000. After
discussion, the Board voted unanimously (6 to 0) to recommend that the text
amendment be adopted as originally proposed, with the HPB being able to grant
waivers as described above. The Board's reasoning for this position is as follows:
They already review and make recommendations on these types of waivers,
and are the most qualified body to determine if a proposed development is
consistent with the historic character of the area;
They currently have the ability to grant variances to numerous development
standards for historic properties, and it seems logical to allow them to also
grant waivers for the development of substandard lots; and
City Commission Documentation
Meeting of May 2, 2000
LDR Text Amendment - Notification Requirements For Specified Waivers
Page 2
Allowing them to approve these waivers would streamline the review process,
as they could consider the waiver request and development proposal
concurrently. This would provide property owners with an additional
advantage to having a property listed as historic.
If the City Commission decides not to delegate this authority to the HPB, the Board
requested that the proposed notifications be mailed ten (10) days prior to the meeting at
which the HPB would make its recommendation on the waiver, as opposed to 10 days
prior to the Commission meeting. This would enable the HPB to take public comment
into consideration before a recommendation is made.
Attached are the alternative amendments: one that provides for the HPB's approval of
the waivers, and one that leaves that authority with the City Commission but provides
for notification prior to the HPB meeting.
It should be noted that in no case will the HPB be allowed to approve the creation of
new substandard lots. That ability will continue to rest with the City Commission only.
By motion, approve on first reading a text amendment to LDR Sections 4.1.4(C),
4.3.1(D) and 5.1.6(A) to establish notification procedures for granting relief from the
minimum lot dimension requirements and providing that the Historic Preservation Board
may grant waivers to the requirement to allow the development of a nonconforming lot
of record which is under the same ownership as the adjacent lot based upon the
findings and recommendation of the Planning & Zoning Board.
Attachments:
[] P&Z Staff Report and Documentation of February 28, 2000
El Ordinances by Others
City Commission Documentation
Meeting of May 2, 2000
LDR Text Amendment - Notification Requirements For Specified Waivers
Page 3
PROPOSED ORDINANCE
Section 4.1.4 Use of Lots of Record:
Alternative 1 - City Commission Retains Waiver Authority
(C) I .... ;a,~,+;.~, -.,.,.;.,,. a;o,.;,.,. ~,~ +~. p ~ A, Except for single family residences
,subject to the R-I-A (Single Family Residential) zonin9 district standards, if ~o (2) or
more adjoining lots (or combination of lots and potions of lots) of record were under the
same ownership o+ +h~ ,;~ ~ ............. a~, ~ +h;~ ~a;~o,~ as of October
18, 1994, and if the total frontage and the total area is equal to or greater than that
which is required by the zoning district regulations, said properly shall not be developed
except in accordance with the minimum frontage and lot area requirements of the
district. Ownership shall be determined by the prope~y tax rolls on file in the Palm
Beach County Prope~y Appraiser's Office as of, the effective date of this ordinance
October 18, 1994.
Notwithstanding. the above, a waiver to this requirement may be granted by the City
Commission pursuant to the provisions of LDR Section 2.4.7(B). Notice of the request
shall be provided pursuant to Section 2.4.2(B)(1)(n) to the owners of all property
located within five hundred feet (500') of the perimeter of the property on which the
waiver is being sought. The notice shall be mailed no later than ten (10) calendar days
prior to the meeting before the City Commission.
For properties located within designated historic districts, or designated as historic
sites, or properties listed on the Local Register of Historic Places, the Historic
Preservation Board shall review the request prior to the City Commission meeting and
shall forward its recommendation on the request to the City Commission. Notification of
the request shall be as described above, except that the mailing of the notices shall
occur no later than ten (10) calendar days prior to the meeting before the Historic
Preservation Board.
Alternative 2 - HPB Given Authority to Grant Waivers for Historic Properties
(C) !n res!dent!a! zoning districts ether than R ! A, Except for single family residences
subject to the R-1-A (Single Family Residential) zoning district standards, if two (2) or
more adjoining lots (or combination of lots and portions of lots) of record were under the
same ownership at the time of passaa:,e er amendment of this ordinance as of October
18, 1994, and if the total frontage and the total area is equal to or greater than that
which is required by the zoning district regulations, said property shall not be developed
except in accordance with the minimum frontage and lot area requirements of the
district. Ownership shall be determined by the property tax rolls on file in the Palm
Beach County Property Appraiser's Office as of the effective date of this ordinance
October 18, 1994.
City Commission Documentation
Meeting of May 2, 2000
LDR Text Amendment - Notification Requirements For Specified Waivers
Page 4
Notwithstanding the above, a waiver to this requirement may be granted by the City
Commission pursuant to the provisions of LDR Section 2.4.7(B). Notice of the request
shall be provided pursuant to Section 2.4.2(B)(1)(n) to the owners of all property
located within five hundred feet (500') of the perimeter of the property on which the
waiver is being sought. The notice shall be mailed no later than ten (10) calendar days
prior to the meeting before the City Commission.
For properties located within designated historic districts, or designated as historic
sites, or properties listed on the Local Register of Historic Places, the Historic
Preservation Board shall have the authority to grant a waiver to this section. Notification
of the request shall be as described above, except that the mailing of the notices shall
occur no later than ten (10) calendar days prior to the meeting before the Historic
Preservation Board.
Section 4.3.1 Application of District Regulations:
(D) No yard or lot existing at the time of the passage of this chapter shall be reduced in
area or dimension below the minimum requirements set forth herein. Lots or yards
created after October 1, 1990, tho offoct!'.'o d~to of th!s ch~ptor shall meet the minimum
requirements established by this chapter unless the City Commission declares at the
time of approval of an associated development application that it is necessary and
appropriate to create such a nonconformity. Notwithstanding the above, the City shall
provide notice by mail of any such action before the City Commission. Notice shall be
provided pursuant to Section 2.4.2(B)(1)(n) to the owners of all property located within
five hundred feet (500') of the perimeter of the property on which the action is being
sought. The notice shall be mailed no later than ten (10) calendar days prior to the
meeting before the City Commission.
Section 5,1,6 Compliance with Zoning Regulations:
(A)
General: All subdivisions shall conform with, at least, the minimum zoning
regulations applicable to the property being subdivided i.e. a nonconforming
situation cannot be created through the act of subdivision unless a variance to
such effect is approved by the Board of Adjustment, or relief granted by the City
Commission pursuant to Section 4.3.1(D) prior to action on a ~
subdivision plat. However, "'-'"'~*~ .... ~ ........ I ,,,h~,-~, ..... ~"'~ mitigation '-'~ .... h ~
ORDINANCE NO. 11-00
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.1.4, "USE OF
LOTS OF RECORD", SECTION 4.3.1, "APPLICATION OF DISTRICT
REGULATIONS", AND SECTION 5.1.6, "COMPLIANCE WITH
ZONING REGULATIONS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DFJ.RAY BEACH, TO ESTABLISH
NOTIFICATION REQUIREMENTS FOR THE GRANTING OF
RELIEF FROM CERTAIN MINIMUM LOT DIMENSIONS;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board
reviewed the proposed text amendment at a pubhc hearing held on February 28, 2000, and voted 5
to 1 to recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning
Board, sitting as the Local Pla~ming Agency, has determined that the change is consistent with and
furthers the goals, objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations", Section 4.1.4, "Use of Lots of
Record", of the Land Development Regulations of the City of Delray Beach be, and the same is
hereby amended to read as follows:
(c)
residences subiect to the R-1-A (Single Family Residential) zoning district
standards, if two (2) or more adjoining lots (or combination of lots and portions
of lots) of record arc were under the same ownership at '&c m..~ of pasaagc v,
amcn&'ncnt c,f tb2a c,r'~:~qancc as of October 18, 1994,. and if the total frontage
and the total area is equal to or greater than that which is required by the zoning
district regulations, said property shall not be developed except in accordance
with the minimum frontage and lot area requirements of the district. Ownership
shall be determined by the property tax rolls on file in the Palm Beach County
P p ty App ai Offi f ,~ ~cc~,~_~ .~ .... c ,u:~ ~.a: ..... O b
18, 1994.
Notwithstanding the above, a waiver to this requirement may be granted by the
City, Commission pursuant to the provisions of LDR Section 2.4.7,(13). Notice
of the request shall be provided pursuant to Section 2.4.2(B)(1)(n) to the owners
of all property located within five hundred feet (500') of the perimeter of the
property on which the waiver is being sought. The notice shall be mailed no
later than ten (10) calendar days prior to the meeting before the City
Commission.
For properties .located within designated historic districts, or designated as
historic sites, or properties hsted on the Local Register of Historic Places, the
Historic Preservation Board shall review the request prior to the City
Commission meeting and shall forward its recommendation on the request to
the City Commission, Notification of the request shall be as described abo..ve,
except that the mailing of the notices shall occur no later than ten (10) calendar
days prior to the meeting before the Historic Preservation Board.
Section 2. That Chapter Four, "Zoning Regulations", Section 4.3.1, Apphcation of
District Regulations", of the Land Development Regulations of the City of Delray Beach be, and the
same is hereby amended to read as follows:
(D)
No yard or lot existing at the time of the passage of this chapter shall be reduced
in area or dimensions below the minimum requirements set forth herein. Lots
or yards created after October 1, 1990 '~-~ ~cc~,z..~ a .... r ~.:~ ~ .....
.......... .............. t, ~,.~ shall
meet the minimum requirements established by this chapter unless the City
Cornmisszon declares at the time of approval of an associated development
applicatton that it is necessary and appropriate to create such a nonconformity.
Notwithstanding the above, the City shall provide notice by mail of any such
action before the City Commission. Notice shall be provided pursuant to
Section 2.4.2(B)(1)(n) to the owners of all pro. perty located within five hundred
feet (500') of the perimeter of the property on which the action is being sought.
The notice shall be mmled no later than ten (10) calendar days prior to the
meeting before the City Commission.
Section 3. That Chapter Five, "Subdivision Regulations", Section 5.1.6,
"Compliance with Zoning Regulations", of the Land Development Regulations of the City of Delray
Beach, be and the same are hereby amended to read as follows:
General: All subdivisions shall conform with, at least, the mimmum zoning
regulations applicable to the property being subdivided (i.e. a nonconforming
situation cannot be created through the act of subdivision unless a variance to
such effect is approved by the Board of Adjustment or relief granted by the
City Cormnission pursuant to Section 4.3.1 .(12))) prior to aclaon on a r ........ :
subdivision plat. u ........... ~: ......c ........~ ._.k:~t. ..... :_~ _:~: ....... c
s ....a ......... ma)' ............. m' ........... ~ ........ c,, purau~,g a
Section 4. That should any section or provision of flus ordinance or any portion
thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
- 2 - Ord. No, 11-00
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and
the same are hereby repealed.
Section 6. That this ordinance shall become effective immediately upon its passage
on second and final reading.
the
PASSED AND ADOPTED in regular session on second and final reading on this
__ day of ,2000.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
- 3 - Ord. No. 11-00
ORDINANCE NO. ll-00A
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.1.4, "USE OF
LOTS OF RECORD", SECTION 4.3.1, "APPLICATION OF DISTRICT
REGULATIONS", AND SECTION 5.1.6, "COMPLIANCE WITH
ZONING REGULATIONS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, TO ESTABLISH
NOTIFICATION REQUIREMENTS FOR THE GRANTING OF
RELIEF FROM CERTAIN MINIMUM LOT DIMENSIONS;
PROVIDING THAT THE HISTORIC PRESERVATION BOARD MAY
GRANT WAIVERS FOR HISTORIC PROPERTIES TO ALLOW TIlE
DEVELOPMENT OF A NONCONFORMING LOT OF RECORD
WHICH IS UNDER THE SAME OWNERSHIP AS THE ADJACENT
LOT BASED UPON THE FINDINGS AND RECOMMENDATION OF
THE PLANNING AND ZONING BOARD; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board
reviewed the proposed text amendment at a pubhc hearing held on February 28, 2000, and voted 5
to 1 to recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning
Board, simng as the Local Planning Agency, has determined that the change is consistent with and
furthers the goals, objectives and pohcies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations", Section 4.1.4, "Use of Lots of
Record", of the Land Development Regulations of the City of Delray Beach be, and the same is
hereby amended to read as follows:
(0
residences subject to ~e R-1-A (S~gle Fa~y Residenfiao zomg ~s~ct
standards, ~f ~o ¢) or more adjo~g lots (or combMafion of lots and portions
of lots of record ~ were under ~e same owners~-* ~ ........ g .... 8~ ~
............................. as of Octobe~ 18,. 1994, and if ~e total frontage
and ~e total area is equ~ to or ~eater ~an ~at wNch is req~ed by ~e zomg
· sffict regulations, said proper~ sha~ not be developed except ~ accordance
wi~ ~e mum ~ontage and lot area req~ements of the ~s~ct. OwnersNp
sha~ be deter~ed by ~e proper~ tax ro~s on ~e N &e Pa~ Beach Co~
P~oper~ Appraiser's Office as of ,~ ~,.~=~cr~"~ ~.[~a~'~ Of O~S az~nancc October
18, 1994.
Notwithstanding the above, a waiver to this requirement may be granted by the
City. Commission pursuant to the provisions of LDR Section 2.4.7.(]3). Notice
of the request shall be provided pursuant to Sectton 2.4.2(B)(1)(n) to the owners
of all property located within five hundred feet (500) of the perimeter of the
property on whtch the waiver is being sought. The nonce shall be mailed no
later than ten (10) calendar days prior to the meeting before the City
Cormnission.
For properties located within designated historic distr~cts, or designated as
historic sites, or properties hsted on the Local Register of Historic Places, the
Historic Preservation Board shall have the authority to grant a waiver to this
section. Notification of the request shall be as described above, except that the
marling of the notices shall occur no later than ten (10) calendar days prior to
the meeting before the Historic Preservation Board.
Section 2. That Chapter Four, "Zoning Regulations", Section 4.3.1, Application of
District Regulations", of the Land Development Regulations of the City of Delray Beach be, and the
same is hereby amended to read as follows:
No yard or lot existing at the time of the passage of this chapter shall be reduced
in area or dimensions below the minimum requirements set forth herein. Lots
or yards created after October 1, 1990 the effective date c,f tba; chapter shall
meet the minimum requirements established by this chapter unless the City
Commission declares at the time of approval of an associated development
application that it is necessary and approprmte to cream such a nonconformity.
Notwithstanding the above, the City shall .provide notice by mail of any such
action before the City Commission. Notice shall be provided pursuant to
Section 2.4.2(B)(1)(n) to the owners of all property located within five hundred
feet (500') of the permaeter of the property, on winch the action is being sought:
The notice shall be mailed no later than ten (10) calendar days prior to the
mee~xg before the City Commxsslon.
Section 3. That Chapter Five, "Subdivision Regulations", Section 5.1.6,
"Comphance with Zoning Regulattons", of the Land Development Regulations of the C~ty of Delray
Beach, be and the same are hereby amended to read as follows:
General: All subdivisions shall conform with, at least, the minimum zoning
regulations applicable to the property being subdivided (i.e. a nonconforming
situation cannot be created through the act of subdivision unless a variance to
such effect is approved by the Board of Adjustment or relief granted by the
City Commission pursuant to Section 4.3.1(D)) prior to action on a pr ...... ~
subdivision plat. xa ............ a:~: .... c ........ , ~.~.:_~ -
- 2 - Ord. No. ll-00A
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 jmasdiction to be
~nvahd, such decision shall not affect the vahchty of the remainder hereof as a xvhole or part thereof
other than the part declared to be invahd.
Section 5. That all ordinances or parts of ordinances m confhct herewith be, and
the same are hereby repealed.
Section 6. That this ordinance shall become effective immediately upon its passage
on second and final reading.
the
PASSED AND ADOPTED in regular sessson on second and final reading on this
__ day of ,2000.
ATTEST:
MAYOR
City Clerk
Fzrst Reading
Second Reading
- 3 - Ord. No. ll-00A