Agenda Reg 08-15-00CITY OF DELR_AY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING
AUGUST 15, 2000 - 6:00 P.M./PUBLIC HEARINGS 7:00
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 at 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 vo~e
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
2.
3.
4.
5.
Roll Call.'
Invocation·
Pledge of Allegiance to the Flag.
Agenda Approval.
Approval of Minutes:
Regular Meeting of July 25, 2000
Proclamations:
A. Literacy Awareness Month - September 2000
B. Recognizing and commending Alfred "Zack" Straghn
Presentations:
Consent Agenda: City Manager recommends approval.
A. REASSIGNMENT OF PREVIOUSLY APPOINTED ADVISORY
BOARD MEMBERS:
Rescind the prior appointments of Gary Eliopoulos to the
Historic Preservation Board and Rhonda Sexton to the Site Plan
Review and Appearance Board, and ratify the appointments of
Gary Eliopoulos to the Site Plan Review and Appearance Board
and Rhonda Sexton to the Historic Preservation Board.
COMMITMENT TO PROVIDE FUNDING FOR PHASE II OF THE DELRAY BEACH
HISTORIC STRUCTURES SURVEY: Approve an application to the
Florida Department of State, Division of Historical Resources
for funding assistance to complete the Delray Beach
Comprehensive Historic Structures Survey and approve the
commitment of $5,000.00 as half of the local share of funding.
REVISED INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY (N.E. 4TH
STREET): Approve a revised interlocal agreement between the
City and Palm Beach County related to roadway improvements
along N.E. 4th Street from Swinton Avenue eastward to N.E. 6th
Avenue (northbound Federal Highway) to increase the amount of
the County's reimbursement by $5,500.00 and to extend the date
for completion by one year.
Regular Commission Meeting
August 15, 2000
D. FUNDING SUBSIDY UNDER DELRAY BEACH RENAISSANCE PROGRAM:
Approve a funding subsidy in the amount of $15,000.00 for an
income eligible applicant under the Delray Beach Renaissance
Program, with funding from 118-1924-554-83.01 (SHIP Program),
representing the 109th homeownership assistance grant provided
through the program to-date.
APPOINTMENT OF OUTSIDE COUNSEL/MARULLO V. CITY OF DELRAY BEACH
AND GAYL NYE: Approve the appointment of outside counsel in
the referenced matter as recommended by the City Attorney.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept
the actions and decisions made by the Land Development Boards
for the period July 31st through August 11, 2000.
G. AWARD OF BIDS AND CONTP. ACTS:
Purchase award in the amount of $11,117.54 to Corporate
Express, via Florida State contract, for the purchase of
office furniture for the ESD maintenance building
expansion, with funding from 441-5161-536-64.10 (W&S
Capital Outlay - Office Furniture & Fixtures).
Purchase award in the amount of $32,907 to Gateway
Computers, via Florida State contract, for the purchase
of nine (9) laptops for the Police Department, with
funding from 334-6111-519-64.29 (COPS MORE - Lap Tops).
3 o
Bid award in the amount of $2,054,929.26 to Florida
Blacktop, Inc., for the construction of improvements
along Pineapple Grove Way between the alley north of East
Atlantic Avenue and NE 4th Street, with funding from
334-6111-519-65.12 (General Capital), 442-5178-536-65.12
(W&S Renewal & Replacement), and 448-5461-538-65.12
(Stormwater Utility).
4 o
Purchase award in the amount of $77,975.00 to Laerdal
Medical Corporation for (34) thirty-four semi-automatic
external defibrillators, with funding from
115-0000-334-18.00 (EMS Grant/EKG Defibrillators) in the
amount of $59,400.00 and 115-0000-248-99.00 (Federal
Forfeiture Funds) in the amount of $18,575.00.
9. Regular Agenda:
REMOVAL OF TEMPORARY STREET CLOSURE/S.E. 4TH STREET: Consider
approving the removal of the temporary street closure at S.E.
4th Street between S.E. 6th Avenue (northbound Federal
Highway) and S.E. 7th Avenue.
B. NAMING OF THE INTERNATIONAL TENNIS RESORT PROPERTY: Consider
naming of the International Tennis Resort Property.
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Regular Commission Meeting
August 15, 2000
SPECIAL EVENT REQUEST/6TH ANNUAL DELRAY BEACH STREET CRAFT
FESTIVAL: Consider a request for special event approval to
hold the 6th Annual Delray Beach Street Craft Festival on
September 9th and 10th, including a temporary use permit, and
approval for police security with the sponsor paying all
police overtime costs, contingent on the sponsor providing
liability insurance and a hold harmless agreement.
D
REJECTION OF BID/Wq~ST ATLANTIC AVENUE: Consider approval of
staff's recommendation to reject the bid received for the West
Atlantic Avenue Beautification Project Phase I as
recommended by staff.
E
CONTRACT FOR PURCHASE OF PROPERTY: Consider authorizing the
City to purchase certain property (Lots 12 and 13, Block 2,
Silver Terrace), and accepting the contract for sale and
purchase.
P
LICENSE AGREEMENT BETWEEN THE CITY AND PNC INVESTMENTS, INC.:
Consider approval of a License Agreement between the City and
PNC Investments, Inc., to hold the "PNC Investments Florida
Open" at the City Municipal Tennis Center from November 8th
through November 12, 2000.
G
APPOINT~ENTS TO THE PLANNING AND ZONING BOARD: Appoint four
members to the Planning and Zoning Board for two year terms
ending August 31, 2002. The appointments will be made by
Commissioner McCarthy, Mayor Schmidt, Commissioner Perlman and
Commissioner Archer.
10. Public Hearings:
ORDINANCE NO. 15-00: An ordinance annexing a parcel of land
located on the north side of West Atlantic Avenue between the
Villas D'Este and Windy Creek subdivisions; providing for a
small scale Future Land Use Map amendment from County HR-8
(High Residential 8 dwelling units/acre) to City TRN
(Transitional); and establishing initial zoning of POD
(Professional Office District QUASI-JUDICIAL HEARING (as to
zoning)
ORDINANCE NO. 16-00: An ordinance providing for a small scale
Future Land Use Map amendment from LD (Low Density Residential
0-5 du/ac) to CF-P (Community Facilities-Public Buildings) and
rezoning from R-1-A (Single Family Residential) District to CF
(Community Facilities) District, for a parcel of land located
on the south side of Lake Ida Road, approximately 286 feet
west of N.W. 5th Avenue, associated with the expansion of the
Community Child Care Center. QUASI-JUDICIAL HEARING (as to
zoning)
Co
ORDINANCE NO. 18-00: An ordinance designating the Atlantic
Avenue Bridge, located at East Atlantic Avenue and the
-4-
Regular Commission Meeting
August 15, 2000
Intracoastal Waterway, to the Local Register of Historic
Places.
ORDINANCE NO. 19-00: An ordinance designating the George Bush
Boulevard Bridge, located at George Bush Boulevard and the
Intracoastal Waterway, to the Local Register of Historic
Places.
ORDINANCE NO. 14-00: An ordinance amending Chapter 32,
"Departments, Boards and Commissions", Subheading "Education
Board", of the City Code to provide for increased board
membership and to clarify and update the duties and
responsibilities of the Education Board.
RULES OF THE EDUCATION BOARD: Approve the amended Rules
of the Education Board as adopted by that board on July
17, 2000.
F. TRANSFER OF PROPERTY TO HABITAT FOR HUMANITY:
approval of a quit-claim deed transferring one lot
333 N.W. 4th Avenue from the City of Delray Beach
for Humanity of South Palm Beach County.
Consider
located at
to Habitat
11. Comments and Inquiries on Non-Agenda Items from the Public-
Immediately following Public Hearings.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. First Readings:
ao
ORDINANCE NO. 20-00: An ordinance amending Chapter 56,
"Stormwater", Section 56.16, "Establishment of Rates for
Stormwater Management Assessments", of the City Code by
repealing Subsection 56.16(E) and enacting a new Subsection
56.16(E) in order to remove any reference to the Master
Appraisal File. If passed, a public hearing will be scheduled
for September 7, 2000.
13. Comments and Inquiries on Non-Agenda Items.
City Manager
City Attorney
City Commission
14.
CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: the
case of Waste Management, Inc. of Florida vs. the City of Delray
Beach.
Attendees:
Mayor David Schmidt
Commissioner Pat Archer
Commissioner Jeff Perlman
Commissioner Bill Schwartz
-5-
Regular Commission Meeting
August 15, 2000
City Manager David Harden
City Attorney Susan Ruby
Assistant City Attorney Brian Shutt
Richard Gaunt, Esq.
A certified court reporter
Purpose:
Discuss settlement negotiations and strategy related
to litigation expenditures in the above case.
15. SETTLEMENT OF LAWSUIT
-6-
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - AUGUST 15, 2000 - 6:00 P.M.
PUBLIC HEARINGS 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
ADDITIONAL INFORMATION IS PROVIDED FOR THE FOLLOWING AGENDA ITEMS:
8. Consent Agenda:
G. AWARD OF BIDS AND CONTRACTS:
o
Bid award in the amount of $2,054,929.26 to Florida
Blacktop, Inc., for the construction of improvements
along Pineapple Grove Way between the alley north of
East Atlantic Avenue and NE 14th Street, with fund-
ing from 334-6111-519-65.12 (General Capital),
442-5178-536-65.12 (W&S Renewal & Replacement), and
448-5461-538-65.12 (Stormwater Utility).
9. Regular Agenda:
REJECTION OF BID/WEST ATLANTIC AVENUE: Consider approv-
al of staff's recommendation to reject the bid received
for the West Atlantic Avenue Beautification Project
Phase I as recommended by staff.
LICENSE AGREEMENT BETWEEN THE CITY AND PNC INVESTMENTS,
INC: Consider approval of a License Agreement between
the City and PNC Investments, Inc., to hold the "PNC
Investments Florida Open" at the City Municipal Tennis
Center from November 8th through November 12, 2000.
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - AUGUST 15, 2000 - 6:00 P.M.
PUBLIC HEARINGS 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM II
THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM:
7. Presentations:
A. Elizabeth Wesley - Roots Cultural Festival,
WHEREAS, an estimated 90 million adults do no have the literacy skills required to
fully participate in society; and
WHEREAS, adult illiteracy costs society an estimated $225 billion a year in lost
industrial productivity, unrealized tax revenues, welfare, crime, poverty, and related social ills;
and
WHEREAS, literacy is a crucial step in preparing adults for the workforce; and
WHEREAS, in Palm Beach County as many as 22% of adults function at the lowest
level of literacy; and
WHEREAS, almost 40% of children in the fourth grade do not test at grade level in
reading; and
WHEREAS, the Palm Beach County Literacy Coalition serves to promote the learning
of basic reading, writing, English and mathematics' skills and to engage in programs to further
literacy within our county; and
WHEREAS, elementmy school children and staff all over Palm Beach County will be
celebrating International Literacy Day on September 8, 2000, wearing READ WITH ME
stickers; and
WHEREAS, many business will be competing in the Coalition's "Great Grown-Up
Spelling Bee" on September 23, 2000, to raise awareness; and
WHEREAS, the Literacy Coalition is asking each individual in Palm Beach County to
"Celebrate Reading" in September by initiating or renewing the reading habit; and
WHEREAS, as part of the America Reads Challenge, The Literacy Coalition is asking
each parent in Palm Beach County to read with their child 30 minutes a day.
NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission do hereby proclaim September, 2000 as
LITERACY AWARENESS MONTH
in Delray Beach, Florida, and urge all citizens interested in acquiring services or information
regarding literacy to contact the Palm Beach County Literacy Coalition.
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 15th of August, 2000.
DAVID W. SCHMIDT
MAYOR
PAI t4EACU COUNTY
LITERACY
COALITION
Past Presidents
Mark Burger
Rachlin Cohen & Ho4/z LLP
Dana Pickard
Edwards & Angell
Kenneth G Spillias
Lewis, Longman & Walker
Gale G Howden
The Palm Beach POSt
DIRECTORS
Mary Arpe
Gelfand & Arpe
Lever,ge'
Palm Beach County Library System
Lea Sloan
M~ndy Tyson
EXECUTIVE DIRECTOR
2000
July 8, 20OO
Dear Mayor.-
September is Literacy Awareness Month and we are asking each local
municipality to issue a proclamation recognizing this special month.
September will be full of hteracy activities such as the Celebrity Readers
Program m honor of International Literacy Day and the "Great Grown-
Up Spelling Bee" on September 23. There will be an extensive pubhc
rela6ons campaign with a focus on encouraging the public to refer adult
literacy students to the Literacy Hotline and to encourage people to
volunteer as tutors.
We beheve this awareness campaign celebrated in your commtmity will
benefit your residents and the county at large. Enclosed is a sample
proclamation. Please feel free to contact Darlene Kostrub, Executive
Director of the Literacy Coalition (1-800-273-1030 or 561-279-9133)
with any questions.
sin rely, &
Darlene Kostrub
Exective Director
RECEIVED
CITY CLERK
551 SE 8th Street · Suite 101 · Delray Beach, Florida 33483-5183
Literacy Hotline 14)0(~273-1030 · Office (561) 279-9103 · FAX (561) 265-3579
h'dcP://community.gopbi.com/literecy ~ ,~ ·
PROCLAMATION OF (city)
DECLARING SEPTEMBER 2000 AS LH'ERACY MONTH IN
(cit~)
WHEREAS, adult illiteracy costs society an estimated $225 billion a year in lost industrial
productivity, unrealized tax revenues, crime, poverty, and related social ills; and
WHEREAS, in Palm Beach County it is estimated that as many as 22% of the adults
function at the lowest level of literacy; and
WHEREAS, THE PALM BEACH COUNTY LITERACY COALITION serves to
promote the learning of basic reading writing, and English to engage in programs to further
literacy within our county, and
WHEREAS, businesses are invited to begin workplace literacy programs at their business
site; and
WHEREAS, hundreds of volunteers are needed to become literacy tutors with adults and
children; and
WHEREAS, elementary school children and staff all over Palm Beach County will be
celebrating International Literacy Day on September 8 wearing READ WITH ME stickers;
and
WHEREAS, many businesses will be competing in the Coalition's "Great Grown-Up
Spelling Bee" on September 23 to raise literacy awareness; and
WHEREAS, The Literacy Coalition is asking each individual in Palm Beach County to
"Celebrate Reading" in September by initiating or renewing the reading habit;
NOW, THEREFORE, BE IT PROCLAIMED BY THE
assembled in regular session this the day of
that the month of September is hereby proclaimed
(city council)
· 2000
LITERACY AWARENESS MONTH
all citizens interested in acquiring services or information regarding literacy are urged to
euntact The Palm Beach County Literacy Coalition.
WHEREAS, Alfred 'Zack' Straghn is a native of Delray Beach, Florida and he was educated in
the Palm Beach County Schools. He also attended Palm Beach County Community College; and
WHEREAS, Alfred married Lois Cartwright on June 11, 1951 at St. Matthews Episcopal Chumh,
Delray Beach, and together they had four sons, Randy, Vincent, Keith (deceased) and Maurice. Alfred is
also a grandfathe~ and great-grandfather; and
WHEREAS, A~ed was employed by Coleman Funeral Home for 28 years, however he felt the
need to pursue his life's avocation of helping others and opened his own business, Straghn & Son Tri-City
Funeral Home, Inc., on September 12, 1980; and
WHEREAS, nothing interferes with Alfred's Christian witness. He is a member of Greater Mt.
Olive Missionary Baptist Chumh, where he serves as Superintendent of Spiritual Enrichment Hour, sings
in two choirs, and is a member of many Boards. Nfl.ed willingly serves wherever he is needed; and
WHEREAS, Alfl.ed has received numerous awards and nominations by such prestigious
Organizations and Churches as:
St. Matthews Episcopal Church
Roots Cultural Festival
Rainbow Fellowship Club
Gold Coast Business & Professional
Club
Palm Beach County Top 50 Enterprise
Gr. Mt. Olive Missionary Baptist Church
Daughter of Zion SDAC
Delray Masonic Lodge #275
Delray Beach Human Relations
St. Paul A.M.E. Church
Zeta Phi Beta Sorority, Inc.
South Palm Beach Branch (N.A.A.C.P.)
Arn~d was also inducted info the CerverHigh School Hall of Fame.
WHEREAS, ,Nfl.ed has sponsored many Little League Teams and was once a Coach for the
Spotlighters an alt giri's softball team, for many years. His affiliations irmlude:
Delray Masonic Lodge #275
De/ray Community Choir
Chamber of Commerce
United Way
Delray Merchants Association
Tuesday/Friday Breakfast Group
t44A.R.C.
South Palm Beach Branch (N.A.A.C.P.)
Young Men's Progressive Club
Heroine of Jedco Phyllis Wheatiy Court #128
Ffefida Morticians Association, Inc.
Phoenix Group
NOW, THEREFORE, I, DAVID W. $CHMIDT, Mayor of the City of Delray Beach, Florida, on
behaff of the City Commission, do hereby recognize and commend
ALFRED "ZACK" STRAGHN
for his exemplary leadership and as a superb example of dedicated service to God and his community.
IN WTTNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of
Delray Beach, Florida, fo be affixed this 15t~ day of August, 2000.
DAVID W. BCHMIDT
MAYOR
Alfred "Zack" Straghn
As per Ms. Mattie Patrick, the proclamation to Mr.
Straghn can be presented during our Commission
Meeting of August 15, 2000.
Mr. Straghn will attend the meeting along with the
following people:
07/"0/2880 12:58 _7_8,'74 STRH,~GHI I PAGE
ALFRED "~CK" STIU~GMN
26 Southwest Fifth Avenue
Delray Beach, FL 33444
Alfred is a native of Delray Beach and was educated in the Palm Beach County
Schools. He als()~::ended Palm Beach Community College.
After being em~lo.yed at Coleman Funeral Home for 28 years, he felt the need
to become his own ~':~s. He believes that his life's avocation is helping others
and has devoted hi]~ ice to just that. Being a person of great wisdom and vision,
he opened his o~n~9(y~iness, Straghn & Son Tri-City Funeral Home, Inc., September
1980.
Nothing in[ermfars with his Christian witness. He is a member of Greater Mt.
Olive Missionary [~a;:list Church, where he serves as Superintendent of Spiritual
Enrichment Hour:. :i,.,:,;, in two choirs, and a member of many Boards. Serves where
needed in almo_tK avl~ capacity.
He has reo._'iYe~ numerous awards and nominations by such prestigious Organiza-
tions and Churc))e~ 2). St. Ma~thews Episcopal Church, Gr. Mt. Olive Missionary
Baptist Church~ Roo~ Cultural Festival, Rainbow Fellowship Club, Gold Coast Busi-
ness and Professio?~' ~]lub, Palm Beach County Top 50 Enterprise, Daughter of Zion
SDAC, Delray MaF~oni.; Lodge #275, South Palm Beach Branch (N.A.A.C.P.), Delray
Beach Human RelatiOnS, St. Paul A.M.E. Church, and Zeta Phi Beta SoKority, Inc. He
was also inducted IY~] the Carver High School Hall of Fame.
Alfred ha:; spe,~.':ored many Little League Teams and was once a Coach for the
Spotlighters (all ~:. softball team) for many years.
His Affi)'iat<c.:~:;: Oelray Masonic Lodge #2?5
South Palm Beach Branch (N.A.A.C.P.)
Young Men's Progressive Club of Delray Beach
Delray Community Choir
Chamber of Commerce
United Way
Delray Merchants Association
Heroine of Jerico Phyllis Wheatly Court #128
Phoenix Group]
W.A.R.C.
Florida Morticians Association, Inc.
Tuesday/Friday Breakfast Group
He is a husban~ {wife, Lois), a father {Randy, Vincent, Keith (deceased},
Maurice), a grand~.~'~,' (many}, a great grandfather.
LORD, HELP ME TO REMEMBER THAT NOTHING
IS GOING TO HAPPEN TODAY THAT YOU
AND I CANNOT HANDLE TOGETHER.
City of Delray Beach City Clerk's Office
O MEMORANDUM
To:
From:
Thru:
Subject:
Date:
Mayor and City Commissioners
Patricia Warren, Executive Assistant/Board Liaison
Alison MacGregor Harty, City Clerk
Site Plan Review and Appearance Board Composition
August 7, 2000
As per Land Development Regulations Section 2.2.3(B)(2), the membership requirements
for the Site Plan Review and Appearance Board are as follows: one regular member of the
Board shall be a registered architect; one member shall be a landscape architect or a
person with expertise in landscaping or horticulture; and one member shall be either a
registered architect or a registered professional civil engineer.
At the regular City Commission meeting on August 1, 2000, Commissioner McCarthy
made the following appointments: Gary Eliopoulos (architect) was appointed to the
Historic Preservation Board, and Rhonda Sexton (interior designer) was appointed to the
Site Plan Review and Appearance Board. It was subsequently noted by staff that there
would only be one (1) architect on the Site Plan Review and Appearance Board after
August 31, 2000.
After discussion with Commissioner McCarthy and the appointees, the following action is
recommended for approval at the August 15th City Commission meeting:
Rescind the appointment of Gary Eliopoulos to the Historic Preservation Board and
Rhonda Sexton to the Site Plan Review and Appearance Board, and ratify the appointment
of Gary Eliopoulos to the Site Plan Review and Appearance Board and Rhonda Sexton to
the Historic Preservation Board for two (2) year terms ending August 31, 2002.
cc: David T. Harden, City Manager
TO:
THRU:
FROM:
SUBJECT:
DAVI T. HA~.~EN CIT, Y MANAGER
PAUL DORLING, A~'ING PLANNING AND ZONING DIRECTOR
PAT CAYCE,("/HISTORIC PRESERVATION PLANNER=~'~---~
MEETING OF AUGUST 15, 2000
COMMITMENT TO PROVIDE FUNDING FOR PHASE II OF THE DELRAY
BEACH HISTORIC STRUCTURES SURVEY ** CONSENT AGENDA **
The staff of the Planning and Zoning Department is preparing an application to the Florida
Department of State, Division of Historical Resources, for funding assistance to complete
(Phase II) of a comprehensive survey of historic structures in the City. Funding will be used to
complete Florida Master Site File survey forms for the historic building inventory in the City. The
total project cost is estimated at $20,000. The grant application will request $10,000 in State
funding, which is 50% of the total cost. The other 50% will be a local match, with $5,000 from
the CRA and $5,000 from the City. Project tasks will be done by a consultant selected by
competitive bid.
A 1987 survey identified 270 historic sites. In 1998 the City applied to the Division of Historical
Resources for a grant to complete phase 1 of a comprehensive survey and was awarded
$10,000 by the State with a $5,000 match from the City and $5,000 from the CRA. This survey,
completed in July of 1999, documented 400 historic properties. The target area for the
comprehensive survey is bounded by 1-95 on the west, the Atlantic Ocean on the east, the City
limits on the north, and 10th Street on the south. Typically, the State survey grants for a given
grant proposal period are in the $10,000 range, thus we decided to complete the City's
comprehensive survey in two phases. Because a great deal of background work was done in
the first phase of the survey, we estimate that we will be able to compete Florida Master Site
files for 500 to 600 historic properties that have been identified but remain undocumented.
The goal of the project is to produce historic structure documentation which will allow us to be
responsive, to neighborhood associations which have expressed a desire to become historic
districts, as well as to individual home owners who wish to have their properties listed in our
Local Register. Properties over 50 years of age that are within historic districts or are
individually listed in the Local Register are eligible to participate in the Tax Abatement program
for rehabilitation which is available from the City and County.
The project is consistent with the Comprehensive Plan, including policies calling for
neighborhood surveys to'identify and evaluate potential historic resources, and the use of
historic housing designation as a revitalization tool. in addition, the project will provide valuable
baseline information to implement the Comprehensive Plan and the Community Redevelopment
Plan.
By motion, authorize an application to the Florida Department of State, Division of Historical
Resources for funding assistance to complete the Delray Beach Comprehensive Historic
Structures Survey and approve the commitment of $5,000 as half of the local share of funding.
Attachment: CRA Letter of $5,000 Commitment
DE LRAY BEACH
July 24, 2000
Dr. Janet Matthews
Division of Historical Resources
R.A. Gray Building
500 S. Bmnough
Tallahassee, FL 32399-0250
RE: Phase II--Delray Beach Comprehensive Historic Structures Survey
Dear Ms. Matthews,
Please accept this letter as verification of the Community Redevelopment Agency's full support of
the grant application submitted by the City of Delray Beach. The CRA has committed $5,000 in
matching funds for this phase of the project. Funding of the grant will enable the City to complete
its survey of historically significant buildings, While the first phase identified approximately 670
structures, there remains a significant inventory that has not yet been surveyed.
Historic preservation has played an important role in the City's redevelopment strategy, and has
helped to stabilize several neighborhoods that were previously in decline. It is imperative that we
complete the comprehensive survey in order to apply this tool to other neighborhoods that may
qualify for historic designation. Historic designation confers protection through the City's Historic
Preservation ordinance, and makes structures eligible to participate in the tax abatement program
that is available from both the City and Palm Beach County.
Your careful consideration of this grant application is very much appreciated..
questions regardin'~l the CRA's participation, please don't hesitate to call.
Sincerely,
If you have any
c: Patricia Cayce
Historic Preservation Planner
24 North Swinton Avenue · Defray Beach, Florida 33444
561-276-8640 · Fax 561-276-8558
CITY OF DELRI:I¥ BEI:II:H
CITY ATTORNEY'S OFFICE
DELRA¥ BEACH
Ail.America City
1993
DATE:
TO:
FROM:
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct L~ne: 561/243-7091
July 31, 2000
David T. Harden, City Manager
Brian Shutt, Assistant City Attorney
SUBJECT: Interlocal Agreement with Palm Beach County (N.E. 4th Street)
This item went before the City Commission on their May 2, 2000 agenda and was
approved. The agreement provided that Palm Beach County would reimburse the City
an amount up to $234,500.00 for certain improvements to a segment of N.E. 4th Street
from Swinton Ave. to northbound Federal Highway. The City would then have
jurisdictional and maintenance responsibility over this segment of N.E. 4th Street. The
City would also need to complete the improvements by August 15, 2002.
Subsequent to that Commission meeting, a discussion arose as to maintenance of the
existing drainage at the intersection of N.E. 2nd Avenue and N.E. 4th Street. As a
result of those discussions Palm Beach County has agreed to increase the amount to be
reimbursed by them by $5,500.00 and further agreed to extend the date for completion
by one year.
Therefore, the revised interlocal agreement provides for total reimbursement in the
amount of $240,000.00 and a completion date of August 15, 2003.
Please place this revised agreement on the City Commission agenda for approval. Please
call if you have any questions.
Attachment
CC:
Alison MacGregor Harty, City Clerk
Randal Krejcarek, City Engineer
u~,~a,'uu e~! 14:45 FAX $6i 243 3774
CITY CLERK
002
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMIsSIONERs
AITEM ~. ~. _ EGULAR MEETING OF MAY 2 2000
ERLOCAL REE WI H PAI.~ ~A H .E 4TM
.
28, 2000
.This is a proposed inter_local agreement bct~veen the City and PaLm Beach County related to roadway
xmprovemeuts
Federal I4Sghwa~)°,ng N.E. 4'~ S~zeet from Sw~aton Avenue east'w~d to N.E. 64, Avenue (northbouud
as well as jurisdictional responsibility.
The agreement provides that the City will assttme responsibility for the ju~sdiclion, control and
makttenance of taxis segment ofN.E. 4'~ Street. In addition, the City agrees to design and construct
the roadway improvements by August 1S, 2002. PaLm Beach Coma~ agrees to transfer jurisdiction
and to reamh~se the City for design and construction costs in an amount not to exceed $234,500.00.
The contemplated improvements may include, but ate not li,~ited to, adding 0am lanes, paviug, curb
and gutter, Ckalnage, sidewalks, signmg~ striping and other appu~'cenances needed to construct a safe
corridor. The City has a maintenance crossing agreement with the FEC for the railroad crossing amd
will be responsible for coorctinaling improvements to the crossing into the overall project.
Approval of the mterlocal agreement is recommended.
Re~C'Agmcmol.Intcr,,loc~l Ag~ccmcnt. PBC,NE 4· S~'cct
07/28/00 FRI 14:51 [TX/RX NO 71471
City Of Delray Beach
Department of En vironrtmntal Services
M E M 0 R A N D U M
TO:
FROM:
DATE:
SUBJECT:
David T. Harden, City Manager
Randal Krejcarek, P.E., ty
24 April 2000
NE 4m Street - NE 2'= Avenue to Federal Highway (US1)
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 4th 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.
cc: Richard Haskn, P.E., Director of Env. Svcs.
Joseph Safford. Finance Director
File 2000-047
t~e~n~2~DEpAR1-MEN7~ngAdrni~nV~e~t~2~2~-~31~F~AL~gen~a~em~2~d~
C
VENL
CITY of DEL,ClAy BEACH
N.E. 4TH STREET
07/28/00 FRI 14:S1 [TX/RX NO 71471
CITY OF DELP, Ay BEACH AND
PALM BEACH COUNTY INTEHLOCAL AGREEMENT
THIS AGREEMENT, 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-.
WI TNHS S E TH =
WHEREAS, the CITY and the COUNTY are authorized to enter into
this agreement pursuant to Section 163.01, Florida Statutes, as
amended, 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 and drainage improvements
along Lake Ida Road/N.B. 4th Street, from Swinton Avenue to
Federal Highway (US1), hereinafter "PROJECT"; and
WHEREAS, the COUN~"~is prepared to financially assist tie 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 llst the COUNTY as having jurisdiction of Lake Ida
Road/N.H. 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
~1-
responsibility of Lake Ida Road/N.E. 4th Street from Swinton Avenue
to Federal Highway (US1) to be solely the CITY's 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 implemente(
as a Joint effort; and
NOW, THEREFORE, for and in consideration of the
covenants contained herein, the parties agree as follows:
1. The recitals set forth above are hereby adopted
incorporated in this agreement.
2. The CITY agrees to:
As
mutual
and
Be solely responsible for the jurisdiction, control,
title, interest, and ~aintenance of Lake Ida Road/N.E.
4th Street from Swinton Avenue to Federal Highway (U.S.
1) immediately upon full execution of this agreement.
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.E. (2) below.
(1) The PROJECT shall consist of improvements that may
include, but are not limited to, adding turn
lane(s), paving, curb and gntter, drainage
(including repairs), sidewalks, signing, striping
and other appurtenances needed to construct a saf~
corridor. Although the CITY cannot control
maintenance scheduling of the railroad, it is the
CITY's intent to coordinate improvements to the
-2-
railroad crossing 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 2000/2001 - Design
FY 2001/2002 - Construction
C. Invoice the County for any eligible reimbursement items
prior to August 15, 2003. (The intent of this is that
the County would make any reimbursement payments prior to
the 2002/2003 fiscal year ending date of September 30,
2003.)
D. Be solely responsible for any PROJECT costs in excess of
$240,000.00,
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 effectlw
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 $240,000.00. The County
shall only have this reimbursement obligation for
invoices received from the CITY prior to August 15,
2003.
4. The CITY shall submit no more frequently than monthly,
the COUNTY, which will include a reference to this
-3-
Agreement, identify the project, include the CITY's expenditure
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 necessar~ 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 he 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 duringI
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 responsible
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 responsibility of that
party under this Agreement. The foregoing shall not constitute a
waiver of soverei~n i~unity beyond the limits set forth in Florida
Statutes, Section 768.28, nor shall the same be construed to
constitute agreement by any party to inde~u~ify 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 Oeneral 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
COUN~"fand the CITY shall be named as additional insured parties to
such insurance.
(Intentionally left blank)
-5-
9. Ail notices reg~ired to be given under this Agreement
shell 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 Delra¥ Beach
100 N. W. First Avenue
Delray Beach, Florlda
33444
10. This Agreement represents the entire understanding
between parties, and supersedes all other negotistions,
representations, or agreement, either written or oral, relating to
the subject ~ttsr 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 r~--in 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
A~reement 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
MAYOR DATE CHAIR
DATE
ATTEST=
By: By=
CITY CLERK DEPUTY CLERK
APPROVED AS TO FORM AND LEaAL SUFFICIENCy;
By=
CITY ATTORNEY COUNTY ATTORNEy
-7-
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D
U
M
TO:
FROM:
DATE:
SUBJECT:
www. de/rayesd, corn
Brain Shutt
RandalL Krejcarek, P.E.
17-Jul-00
NE 4t~ St - Swinton Ave to US 1
Agreement with Palm Beach County
Project #2000-003
Attached are four (4) copies of the above referenced revised agreement. The amount to be
reimbursed by the County has increased by $5,500.00 and the completion dates have been
extended one year.
Does this need to go back to commiss on for approval? If this does need to go back, please put
on next available agenda, if not, please review and have all copies executed and returned to
me.
Thanks!
enc
CC: Richard Hasko, P.E.
file
t~ess~OO2~DEPARTMENTS~EngAdmin~Projectst2OOOt2OOO.OO3V. ETTERS~pbc agmtO2, dcc
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER p~
AGENDA ITEM # ~D,- R~GULAR ~.mTING OF AUGUST 15~ 2000
DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST
DATE: AUGUST 11, 2000
This is before the Commission for approval of a subsidy request
in the amount of $15,000.00, for one eligible applicant under the
Delray Beach Renaissance Program who is an existing homeowner
located within the West Atlantic Avenue Redevelopment Area. The
subsidy represents the 109tn homeownership assistance grant
provided under the City's Renaissance Program to-date and the
second in support of the West Atlantic Avenue Redevelopment.
Funding is available from 118-1924-554-83.01 (SHIP Program).
Recommend approval of the funding subsidy under Delray Beach
Renaissance Program as outlined above.
AGMEMO. 11 RENAI S SANCEPROGRAM
Agenda Item No.: ~7~
AGENDA REQUEST
Request to be placed on:
__ Regular Agenda
Special Agenda
__ Workshop Agenda
xxxxx Consent Agenda
Date: August 8, 2000
When: August 15, 2000
Description of item:
Authorization and approval to issue a subsidy to one eligible applicant under the Delray
Beach Renaissance Program totaling $15,000.00.
Note: Lucretia Grannison ($15,000.00) represents the 109th homeownership assistance
grant provided under the Renaissance Program and the second in support of the West
Atlantic Avenue Redevelopment.
Recommendation:
Staff recommends approval of one subsidy award.
State Housing Initiatives Partnership (SHIP) Proram.
Funds are to be awarded from the
SHIP Total: $15,000.00 Accoujat Number:
Department Head Signature:
City Attorney Review/Recommendation (if applicable):
118-1924-554.83-01
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: ~)NO
Funding Altematives: (if applicable)
Account No. & Description: ~ C~ ~-I~ ( &~
Account Balance:
City Manager Review:
Approved for Agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
MEMORANDUM
TO:
FROM:
THRU:
DATE:
SUBJECT:
David T. Harden, City Manager
Kenneth L. Thomas, Community Development Coordinator
Butler, Community Improvement Director Lff9
Lula
August 8, 2000
Delray Beach Renaissance Program Subsidy Request
ITEM BEFORE THE COMMISSION
City Commission authorization and approval to issue a subsidy to one eligible applicant under
the Delray Beach Renaissance Program who is an existing homeowner located within the West
Atlantic Avenue Redevelopment Area. The subsidy represents the 109th homeownership
assistance grant provided under the City's Renaissance Program to date and the second in
support of the West Atlantic Avenue Redevelopment.
BACKGROUND
The Delray Beach Renaissance Program Memorandum of Understanding was approved by the
City Commission on January 23, 1996. In partnership with the Delray Beach Community
Development Corporation, the TED Center, the Community Redevelopment Agency, the
Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray
Beach Housing Authority, we are committed to providing homeownership opportunities to 80
homebuyers through new construction and acquisition rehab beginning October 1, 1995 through
September 30, I998. An agreement to extend the program for one additional year was approved
by all partners and the City Commission. On June 15, I999, the City Commission approved a
new Memorandum of Understanding operating the Renaissance Program from March 1999 to
February 2001.
Each potential homebuyer is required to attend a homebuyer's seminar sponsored by the
Community Financing Consortium, Inc., the Renaissance Program's partner and first mortgage
lender. The seminar includes training and information on financial planning, credit and
borrowing, budgeting, fair housing issues, mortgage and closing costs and a comprehensive
glossary of real estate terms.
The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and
requires the applicant to maintain ownership/residence for a specified period according to the
amount of the Grant. Grant amounts less than $15,000 per unit are forgiven at a rate of 20% per
year for a period of five (5) years and Grant amounts equal to or greater than $15,000 but less
than $25,000 per unit are forgiven at a rate of 10% per year for ten (10) years.
The City Commission provided for the participation of existing homeowners within the West
Atlantic Avenue Redevelopment area at the July 15, I998 Commission Meeting with the
approval of the amendment to the Policies and Procedures governing the City's Affordable
Housing Program.
RECOMMENDATIONS
Staff is recommending City Commission approval to fund subsidies for one eligible applicant of
the following property: 502 SW 15th Terrace (Acquisition/Rehabilitation) - $15,000
(Lot 3, Block 1, CARVER PARK)
DELRAY BEACH RENAISSANCE PROGRAM
SUBSIDY REQUEST BREAKDOWN
NEW CONSTRUCTION No (Acquisition/Rehabilitation) CENSUS TRACT __
NAME Lucretia Grannison
PROPERTY ADDRESS 502 SW 15th Terrace, Delray Beach
LEGAL DESCRIPTION Lot 5, Block 1 CARVER PARK, PB 27, PG 55
68.01
% OF AREA MEDIAN HOUSEHOLD INCOME 34%
COST OF CONSTRUCTION: N/A
COST OF EXISTING UNIT: $83,415.00
Non-Profit Developer's Fee
$1,000.00
PROJECT/SUBSIDY BREAKDOWN
FIRST MORTGAGE
RATE 10 %
LTV 11 %
SECOND MORTGAGE
THIRD MORTGAGE
GRANT
$ 8,500.00
$
$ 15,000.00
$
$ 40,000.00
$ 20,000.00
$
NO. IN HOUSEHOLD 3
COST OF LOT N/A
(including rehabilitation costs)
(Paid by the CRA to the Delray Beach CDC)
E. Coast Finance and Mortgage Co.
City of Delray, HOME
City of Delra¥, SHIP
Sale of 14 SW 7th Ave. to CRA
CRA of Delra¥ Beach
HTF "A"
APPLICANT FUNDS
Estimated Pre-paids (Good Faith ) $ 461.29
Estimated Closing Costs (Good Faith) $ 96.75
TOTAL TRANSACTION $ 83~973.04
Estimated cash from/to borrower (Lender 1003) $
473.04
Z
DR. ANDRES WAY
SOUTH COUNTY
ADMINISTRA ~VE
COMPLEX
Tri-Rail
UNCLE BOB'S
SELF
S TORA GE
ABC CARPET
& HOME
the OUTLET
DELRA Y
COLD
S TORA GE
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CITY OF DELRAY BEACH, FL
PLANNING & ZONING 0EPARTMENT
502 S.W. 15TH TERRACE
12-43-46-17-41-001-0050
I:ITV OF DELRrlV BEFII'H
CITY ATTORNEY'S OFFICE
DELR^Y BEACH
1993
DATE:
August 10, 2000
TO:
City Commission
20(I NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
MEMORANDUM
FROM: Susan A. Ruby, City Attorney
SUBJECT:
Appointment of Outside Counsel in the Case of Marullo vs. the City of
Delray Beach and Gayle Nye
The above case was served on the City August 9, 2000. The suit contains counts for sexual
harassment and retaliation under Florida Statutes §760, Battery, invasion of privacy,
intentional infliction of emotional distress, and negligent training, retention and
supervision.
Due to conflicts, our office recommends the appointment of outside counsel for the City
and the employee in this case. It is our recommendation that Leonard Carson, Esq. be
appointed to represent the City and Glen Torcivia, Esq. be appointed to represent the
named employee. The cost of representation is $100 per hour for each firm.
By copy of this memorandum to David Harden, City Manager, our office requests that this
matter be placed on the August 15, 2000 City Commission agenda.
P~ave any questions.
SAR:ci
Cc;
David Harden, City Manager
Chief Robert Rehr, Delray Beach Fire Department
Leonard Carson, Esq.
Glen Torcivia, Esq.
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
~ITY MANAGER
AGENDA ITEM ~'~ff - REGUI.AR M~.F, TING OF AUGUST 15. 2000
REVIEW OF APPEAl.t~}~LE LAND DEVELOPMENT BOARD ACTIONS
DATE:
AUGUST 10, 2000
Attached is the Report of Appealable Land Use Items for the period July 31,t through August 11,
2000. It informs the Comtmssion of the various land use actions taken by the designated boards
that may be appealed by the City Cormmssion.
Recommend review of the appealable actions for the period stated. Receive and file the report as
appropriate.
RefiApagmemo/Appealables/08.15.00
TO:
THRU:
FROM:
SUBJECT:
D~A R~'I'~, MANAGER IRECTOR
PAUL DORLING, AC~I~IG PLANNING AND ZONING D
IASMIN ALLEN, PLANNER
MEETING OF AUGUST '15, 2000 *CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS JULY 3'1, 2000 THRU
AUGUST 11, 2000
The action requested of the City Commission is that of review of appealable actions
which were made by various Boards during the period of July 31, 2000 through August
11, 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.
A. Approved (4 to 0, Branning and Friess absent), a Class I site plan modification
changing the approved architectural elevations for the Jennings Commercial
Building, located at 2702 North Federal Highway (west side of North Federal
Highway, approximately 200' south of Gulfstream Boulevard).
B. Approved with conditions (4 to 0), a Class I site plan modification and architectural
elevation plan associated with the conversion of an office use to a restaurant for
Rotelli Pizza and Pasta, located at 501 East Atlantic Avenue (northeast corner of
East Atlantic Avenue and NE 5th Avenue (southbound Federal Highway).
City Commission Documentation
Appealable Items Meetings of August 15 2000
Page 2
C. Approved with conditions (4 to 0), a Class I site plan modification associated with
parking lot improvements and the installation of a perimeter wall/fence at St. Vincent
Ferrer, located at 840 George Bush Boulevard (south side of George Bush Boulevard,
between Palm Trail and NE 8th Avenue).
D. Approved with conditions (4 to 0), a Class III site plan modification, landscape plan
and architectural elevation plan associated with the installation of two modular
classroom buildings at Unity School, located at 101 NW 22nd Street (northwest corner
of NW 22"d Street and Swinton Avenue).
E. Approved with conditions (4 to 0), a Class IV site plan, landscape plan and
architectural elevation plan associated with the construction of a 2nd floor apartment
addition for Muschett Apartments at Pineapple Grove, located at 169 Pineapple
Grove Way (east side of Pineapple Grove Way (NE 2® Avenue) between NE 1st
Street and NE 2nd Street. Concurrently, the Board approved a waiver reducing the
required landscape strip from 5' to 1.5' along a portion of the north and south property
lines.
Approved with conditions (4 to 0), a Class V site plan, landscape plan and architectural
elevation plan associated with the construction of a 26, 000 sq. ft. industrial building to
accommodate a moving and storage company, Joe Bonnie Moving and Storage,
located on the west side of NW 18th Avenue, approximately 894' north of MartyFladell
Drive.
No Regular meeting of the Board was held during this period.
No Regular meeting of the Board was held during this period.
By motion, receive and file this report.
CITY OF DELRAY BEACH, FLORIDA
- Cih/Commission Meeting -
AUGUST 15, 2000
S.P.R.A.B.:
A. JENNINGS COMMERCIAL BUILDING
B. ROTELLI PIZZA &PASTA
C. ST. VINCENTFERRER
D. UNITY SCHOOL
E. MUSCHETTAPARTMENTS AT PINEAPPLE GROVE
F. JOE BONNIE & SON MOVING AND STORAGE
CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEP)*RTM ENT
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~' ~.. - REGULAR MEF~TING OF AUGUST 15, 2000
AWARD OF BIDS AND CONTRACTS
August 11, 2000
This is before the City Commission to approve the award of the following bids and contracts:
Purchase award in the mount of $11,117.54 to Corporate Express, via Florida State contract,
for the purchase of office furniture for the ESD maintenance building expansion, with funding
from 441-5161-536-64.10 (W&S Capital Outlay - Office Furniture & Fixtures).
Purchase award in the amount of $32,907.00 to Gateway Computers, via Florida State contract,
for the purchase of nine (9) laptops for the Police Department, with funding from 334-6111-
519-64.29 (COPS MORE - Lap - Tops).
Bid award in the amount of $2,054,929.26 to Florida Blacktop, Inc. for the construction of
improvements along Pineapple Grove Way between the alley north of East Atlantic Avenue and
NE 42 Street, with funding from 334-6111-519-65.12 (General Capital) in the amount of
$1,663,115.26, 442-5178-536-65.12 (W&S Renewal & Replacement) in the amount of
$149,504.00, and 448-5461-538-65.12 (Stormwater Utility) in the amount of $242,310.00 for a
total project cost of $2,054,929.26.
Purchase award in the amount of $77,975.00 to Laerdal Medical Corporation for (34)
defibrillators, with fimding from 115-0000-334-18.00 (EMS Grant/EKG Defibrillators) in the
amount of $59,400.00 and 115-0000-248-99.00 (Federal Forfeiture Funds) in the amount of
$18,575.00.
Recommend approval of the purchase awards listed above.
Ref:Bid.Agmemo.08.15.00
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.ET. - ~
Deputy Director of P~tilifies
August 8, 2000
Office Furniture
ESD - Maintenance Expansion
Attached is an agenda request and supporting documentation for the pumhase of office furniture
for the ESD Maintenance Building Expansion. The new furniture will provide modernized
workstations, lunch/break room accommodations and shop organization. This furniture is
available from Corporate Express utilizing Florida State Contract No. 425-001-97-1, in the amount
of $11,117.54. Funding for this expenditure is available in Account # 441-5161-536-.64.10
Office Furniture & Fixtures (Budget TransferAttached)
Please place this item on the August 15, 2000 Agenda for consideration by City Commission.
CDB/ped
CC:
Richard C. Hasko, P.E., Director of Environmental Services
Robert Bullard, Manager of Maintenance
Allison MacGregor Harry, City Clerk
Agenda File
U:\wwdata~lemo\Office Furniture 080800.doc
O.Corporate
,-xpress'
1096 East N~q~ort Center Drive
Suite 200
Deerfield Beach, FL 33442
954-379-5444
954-379-5445 Fax
QUOTATION
Job= 0000005760
PAGE: I
SOLD TO:
100 N.W. 1ST A%~qffU~'
DELRAY B~ACH, FL 33444
SHIP TO:
561 2%3-7161 561 243-7306
Terms: Net 30
0000005760 07/26/00 0015080220 KIM L AUNAPU
PRICIN~ I ~OD FOR 3~ DAYS PRI~
OF SEPT 1~T, 2000.
~001 i ~** ~ FOLLOWING PRODU~
a002 i 40-3672LP RXE~ S~G~ P~EST~ DSSK 419.05 419.0
~TION,~ OFFICE F~ LEFT ST~ SHE~ HPL TOP
Tag FOT~
~TZON~ OFFZ~ F~ IPL TOP 15X72
D006 I 167270 ~A~0~ T7.SS 77.5
NATZ~ O~FI~ ~ 16X69.2~
ACCEDTED BY T~TL~ DATE
O .corporate'
express'
A ~uhrmann Company
1096 East Newport Ce. me., Drive
Suite 200
Deerfield Beach, FL 33~2
9~-379-5a44
954-379-5445 Fax
QUOTATION
Job: 0000005760
PAGE: 2
SOLD TO:
CITY OF DEL~A¥ BF~CH
100 N.W. 1ST AYE~R~E'
DEL~Ay B~ACH, FL 33444
561 243-7161
SHIP TO:
BOB B~LLA~D
CITY OF DELR~¥ B~ACH
434 S. SWTNTON AVEND~
DBLRAY BP. ACE, FL 33444
$61 2%3-7306
Ter'm~: Neb 30
0000005760 07/26/00 0015080220 KIM L AUNA~U
M/ne 0008 (c~,ntinued}
Tag For: IC36-A
0009 I C~-R?2H Y~" ~ACET~ACK TOF - ~INATE 160.44
Tag For: ~36/72
0010 2 B~-242~C ~ i~ ~E - ~NATE 91.30 182.6~
0011 i N69~ ~IST T~ITI0~ HIGH ~ 380.47 380.4'
~TIONJ~ OFFICE F~ NOOD ~
Tag For; ~O~
NATION~ OFFI~ ~
~ CO~OV~
ACCEPTED BY TITLR DATE
O_Corporate
:xpress'
1096 East Newpon Cea:er Drive
Suite 200
Deen'~eld ~ch, FL 33442
9S4-379-5444
954-379-5445 Fax
QUOTATION
Job: 000000.5760
PAGE: 3
SOLD TO:
561 243-7161
SHIP TO:
BOB
CITY OF DELI~Ay BI~.ACE
434 S. 8WINTON
DELRAY BEACH, FL 33444
561 243-7306
0000005750 07/26/D0 00150~0220 KIM L AUNA~'U
0017 2 ~1-3366BC0 ~OWOOD BOOK~AS~ 206.28 412.5~
Tag For: C/M
ACCEPTED ~Y TITL~ DATE
O_Corporate
xpress'
1096 East Nevv~o~t Center Drive
Suhe 200
Deerfiel,~ Beach, FL 33442
954-379.5444
954-379-5445 Fax
QUOTATION
Job: 0000005760
SOLD TO:
CZTY OF DELRAY
100 N.W. 1S~
DELRA¥ BEACh, FL 33444
561 245-7~61
SHIP TO:
434 s. Mwi~oN AVERUE
D~LRAY BEACH, FL 33444
561 243-7305
Terms: Net 30
0000005760 07/26/00 0015080220 Kill L AUNAPU
0024 i NAC0219PP ~AL~BST 22.92 22.9:
NATIONAL OFFTCE ~ A~ACHES TO NAC1121KPM
Tag For ~ ~
002~ I ~Cl121~M ~O~ P~TF0~ ~ ELIDIN~ 59.~9 ~9.5~
NATION~ OPFICE F~ ~USE T~Y
NATZO~ OFFI~ ~W/~ B~I~G
Ta~ For~ ~
0027 I N25~ ~TO~ MID BACK ~GT ~ 275,80 I 275.8~
Tag For~ ~060
ACCEPTED BY T~TLE DATE
O_Corporate
xpress'
1096 Ea~t Nc'~ort Cemer Drivc
Suite 200
Decrfield Beach, FL 33442
954-379-5444
954-379-5445 Fax
QUOTATION
Gob; 0000005760
PAGE:
SOLD TO:
CITY OF
SHIP TO:
~OB
~I%~'OF DEl,RAY ~ACH
4~4 S. 5WZNTON AVENU~
DELRA~ B~, FL
561 243-7161 561 243=7300
Terms~ NeC 30
0000005760 07/26/00 0015080220 KII L AUNAPU
~032 4 T~NI0201 ?ZNYL, GRIPPER BACK, 36"Wx{0'D 35.00 1%0.0
CORPORATE EXPRESS COLOR~ Un~eci~e~
Tag Fo=:
]033 3 )ESZGN =~ $60.00 PEa HOlm. · 3 60.00 180.0
~03t 1 ~ r~g~t~.~IoN 850,00 850.0
~o~ ~P~SS
ACCEPTED BY TITLE DATE
VINYL CHAIRMAT$
'~e c~rpet shows through these clear, textured matS. Each
A
A I R M A T S
Wide Lip
~,~ p,;ces rc~e~ ~o r~aeula¢~ur~rs* suSge~*d r~tail p,ice. O~er on the Web! CorporateEx, press,com ~ Corporate Express'
AGENDA REQUEST
No.
Request to be placed on:
X Regular Agenda
__ Special Agenda
__ Workshop Agenda
Agenda Item
Date: August 8, 2000
When: August 15, 2000
Description of item (who, what, where, how much): Staff requests Commission award the purchase of
office furniture from Corporate Express in the amount of $11,117.54. The new furniture will compliment
the expansion and modernization of the ESD Maintenance Division. Funding for this expenditure is
available in Account # 441-5161-536-6 4 1 0Maintenance Building Expansion.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends award of the purchase to Corporate Express in the amount of
Department head signature: . ~.ne-. o~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review ~ggq4~red on all items involving expenditure of funds):
Funding available ~,~/NO
Funding alternatives
(if al~licable).
Account No. & Description ~
Account Balance ,5~' e ~J-{~
City Manager Review: ~ ~/~
Approved for agenda: O
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
\\essrv002\davis\wwdataWorms~AgendaReq - Office Furniture 080800.doc
PURCHASING DIVISION
MEMORANDUM
TO:
David T. Harden, City Manager
FROM: Jennifer Schillace, Buye~:~
THROUGH: Milena Walinski, Acting Finance Director'"~
DATE: August 7, 2000
SUBJECT:
DOCUMENTATION
CITY COMMISSION MEETING, AUGUST t5, 2000
PURCHASE AWARD OF 9 LAPTOP COMPUTERS FROM GATEWAY
COMPUTERS FOR THE DELRAY BEACH POLICE DEPARTMENT
ITEM BEFORE COMMISSION:
The City Commission is requested to approve the purchase award of nine (9) laptops
from Gateway Computers for the Delray Beach Police Department for a total cost of
$32,907.
BACKGROUND:
The Delray Beach Police Department is requesting authorization to pumhase nine (9)
laptops from Gateway Computers for a total cost of $32,907. Pricing is per the Florida
State Contract, 250-040-99-1, and the purchase will be made using the Federal grant
funds under the COPS MORE program and City matching funds. The funding will be
taken from account number 334-6111-519-6429.
The Administrative Services Director at the Police Department recommends award to
Gateway Computers for a total cost of $32,907 per his memo dated August 4, 2000.
RECOMMENDATIONS:
The Purchasing staff recommends the purchase award to Gateway Computers for the
purchase of nine (9) laptop computers for a total cost of $32,907. Pricing is per State of
Florida Contract 250-040-99-1 and funding will be made possiable via the Federal Grant
funds under the COPS MORE program and City matching funds. The funding will be
taken from account number 334-6111-519-6429.
Attachments
cc: Jacklyn Rooney, Purchasing Superviso~
David Junghans, Administrative Services Director
08/07/00 12:00 FAX 561 243 7816
DELRAY BEACH POLICE DEPT
~003/004
Delray Beach Police Department
(561) 243-7888 Fax (561) 243 7816
MEMORANDUM
RECEIVED
Jennifer $chillace (
TO: Buyer /'~C- t~l;~ ~'7 ~
P~RC~AS~ ER.
FROM: David Jungha~
~minis~afive Se~S Dire~o~
DATE: August 4, 2000
SUBJECT: REQUISITION #81609,
This requisition is for replacement computers for the nine Lieutenants. The
purchase is made off of the Florida State contract and Federal grant funds under
the COPS MORE program and City matching funds.
Any questions should be addressed to myself at extension 7852.
08/0,4/00 09:38 FAX 561 243 7816
.Quote Generated for Sol0 9300 XL Deluxe
DELRAY BEACH POLICE DEPT
I Gatewag
~004
Page 1 of 2
Solo 9300 XL Deluxe
Quote Number: 250803013FLORIDA
Comract #: State Contract #250-040-99-1
Fed 1D~ 46-0431398
Datcfrimc: 08/03/2000 9:06 EST
client Name: Tina Lunsford bom Ddray Beach Police Department
Client Phone: 561-243-7833 and Fax: 561-243-7816
Sales Representative: 800-779-2000
Comments:
Processor: Intel~ Pentium® HI Processor 700MHz with Intel®
SpeedStepTM Technology subtracted: US$235
Memory: 128MB SDRAM expandable to 288MB
Keyboard: Full-Size 88-key Keyboard with MS Windows 95 Keys
Mous~: EZ Pad® Pointing Device with PS/2 Black Mouse
Operating System: Microsoft® Windows 98 Second Edition
subtracted: U8575
Expansion Slots: Two deep socketed PCMCIA Type Il slots
Battery: (1) 12-cell Lithium Ion battery and (1) AC pack
Screen: 15.Tinch SXGA Active Matrix TFT Color D~splay
Floppy Drive: Modular 3.5i~ch I)ixkette Drive
CD-ROM or DVD: 10X n~./24X ma~ CD-ROM drive subtracted:
US$141
Hard Drive: 12GB Ultra ATA Removable hard drive
Video: Integrated 2x AGP ATI Mobility-MI with gMB SGRAM
Zoomed Video Port: Zoomed Video Support
Maltimedla: Integrated 16-bit Sound, Stereo Speakers, Internal
Microphone,Headphone/Speaker Jack, Linc-In and Line-out Mic Jacks
Fa~odem: Imegrated V.90 56K Modem
Gateway Docking Station: Solo® 9300 Docking Station added:
U85281
http://www, gw2k.com/cgLbin/gen_quot e.pl 8/3/00
08/04/00 09:39 FAX 561 243 7816 DELRAY BEACH POLICE DEPT ~005
,~;uote Generated for Solo 9300'1(L Deluxe Page 2 of 2
LANDe~k Software: Intel® LANDesk Client Manager So0:ware
v3.31
Anti-Virns Sol. are: Norton Anti-Vil~la So~twar~
Application Sollware: Microsoft® Office 2000 Professional added:
US$199
Limited Warranty Program: 3 Years Parts & Labor Limited
Warranty, Li~aited Hardware & Software Tech Support as long as you
own your system
Certifications: FCC Class B, UL and CSA cartitied
Dimensions: 13.125inch x 11.25inch x 1.62inch (W x D x H),
approximate weight 8.61 lb.
External ports: NTSC/PAL Input and Output, (2)USB, IEEE 1394,
Parallel, Serial, VGA, PS/2, S/PDIF and Dolby Digital Output
Carxying Case: Casual Carrying Case
Extra AC Pack: Extra AC Pack added: US$45
Base Price: US $3676
Configured Price: US $3750
Quantity: 6
Total Price:US $22500
Prxces and ~i£1~ons aru ~ect to changa without
a~lio~le.
Please Print and attach this quote to your purchase order.
Terms and Conditions of sale and [united warranty
Ordering information is encrypted:using the Secure Socket Layer
(SSL) protocol before being trane'ferrari to our Web Server for
processing. Prices and specifications are subject to change without
notice or obligation_ These prices do not include shipping or sales ta~
if applicable After your system has been built (lead times may vary),
it may be shipped via 2nd day shipping in the continental US. 2nd day
shipping within the continental USA is US for desktops and US for
portables. 7 to 10 day shipping, for Destination[TM] Big Screen PCs
is US. add US shipping for each printer. All prices are quoted in
U.S. dollars.
HOME !E&M $.ELE,CT_,SX~Lj'E.~ YOURORDER~ .~UPPORT HELP
http://www, gw2k.com/cgi-biWgen quote.pi 8/3/00
08/0,4/00 09:37 FAX 561 243 7816
.Quote Generated for Solo 9300 'XL Deluxe
DELRAY BEACH POLICE DEPT
~002
Page 1 of 2
Solo 9300 XL Deluxe
Quote' Number: 240803015FLORIDA
Contract #: State Contract #250=040-99-1
Fed ID~ 46-0431398
Date/Time: 08/03/2000 9:17 EST
Client Name: Tins Lunsford fi'om Delray Beach Police Department
Client Phone: 561-243-7833 and Fax: 561-243-7816
Sales Representative: 800-779-2000
Comna~nts:
Processor. Intel® Pentium® I11 Processor 700MHz with Int'el®
SpecdStepTM Technology subtraeted: US$235
Memory: 128MB SDRAM expandable to 288MB
Keyboard: Full-Size 88-kcy Keyboard with MS Windows 95 Keys
Mouse: EZ Pad® Pointing Device with PS/2 Black Mouse
Operating System: Ivlicrosoft® Windows 98 Second Edition
subtracted: US$75
Expansion Slots: Two deep socketed PCMCIA Type II slots
Battery: (1) 12-cell Lithium Ion battery and (l) AC pack
Screen: 15.Tinch SXGA Active Matrix TFT Color Display
Floppy Drive: Modular 3.5tach Diskette Drive
CD-ROM or DVD: 10X minf24X max. CD-ROM drive subtracted:
US$141
Hard Drive: 12GB Ultra ATA Removable hard drive
Video: Integrated 2x AGP ATI Mobility-M1 with 8MB SGRAM
Zoomed Video Port: Zoomed Video Support
Multimedia: Integrated I6 bit Sonnd, Stereo Speakers, Internal
Microphone,Headphone/Speaker Jack, Line-In and Line-out Mic Jacks
Fax/Modem: Integrated V.90 56K Modem
LANDesk Software: Intel® LAN'Desk Client Manager Soflxvare
v3.31
http://www, gw2k.eom/cgi-bin/gen_quote.pl 8/3100
0~/~04/00 09:37 FAX 561 243 7816
.Quote Generated for Sol0 9300'XL Deluxe
DELRAY BEACH POLICE DEPT
~ 003
Page 2 of 2
Anti-Virns Software: Norton Anti-Virus So~ware
Application Sof~ware: Microsoff~) Office 2000 Professional added:
US$199
Limited Warranty Program: 3 Years Parts & Labor I.imited
Warranty, Limited Hardware & Software Tech Support as long as you
own your sy~cm
Certifications: FCC Class B, UL and CSA certified
Dimensions: 13.125inch x 11.25inch x 1.62inch (W x D x H),
approximate weight 8.611b.
External ports: NTSC/PAL Input and Output, (2)USB, IEEE 1394,
Parallel, Serial, VGA, PS/2, S/PDIF and Dolby Digital Output
Carrying Caae: Casual Carofing Case
Extra AC Paela Extra AC Pack added: US$45
Base Price: US $3676
Configured Price: US $3469
Q~nfity: 3
Total Prlce:US $10407
Pr£v~s and Sl~cigi~aL~Oao a~e ~bjoct to ~haaqe without
notioe or obligation.
Please PHnt and attach this quote to your purchase order.
Terms and Con&tions of sale and limited warranW
Ordering information is encrypted.ming the Secure Socket Layer
(SSL) protocol before being tmmfcrrcd to our Web Server for
processing. Prices and specifications are subject to change without
~otice or obligation. These prices do not include shipping or sales tax
if applicable, After your system has been built (lead times may vary),
it may be shipt~d via 7nd day shipping in the continental US. 2nd day
shipping within thc continental USA is US for desktops and US for
mrtables. 7 to 10 day shipping for Destination[TM] Big Screen PCs
is US. add US shipping for each printer. All prices are quoted in
U.S. dollars.
HOME TEAM SELECT SYSTEIM y~OU~O.~DER~ ~cU~.PORT HELP
http://www_gw2k_conffcgi-bin/gen_quote.pl 8/3/00
AGENDAITEM NUMBER:
Request to be placed on:
XX Consent Agenda
When: August 15, 2000
Description of agenda item:
AGENDA REQUEST
__ Special Agenda
Date: August 7, 2000
Workshop Agenda
The City Commission is requested to approve the purchase award of nine (9) laptops from
Gateway Computers for the Delray Beach Police Department for a total cost of $32,907. Pricing
is per the Florida State Contract, 250-040-99-1, and the pumhase will be made using the Federal
grant funds under the COPS MORE program and City matching funds.
ORDINANCE/RESOLUTION REQUIRED: YES NO
Draft Attached: YES NO
Recommendation:
The City Commission is requested to approve the pumhase award of nine (9) laptops from
Gateway Computers for the Delray Beach Police Department for a total cost of $32,907. Pricing
is per the Florida State Contract, 250-040-99-1, and the purchase will be made using the Federal
grant funds under the COPS MORE program and City matching funds. The funding will be taken
from account number 334-6111-519-6429.
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Yes /~ No
Funding alternatives:
Account Number:
Account Description:
Account Balance:
Ci~ Manager Review:
Approved for agenda:
Hold ~ntil:
(if applicable)
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
P.O. NUMBER:
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 L. Krejcarek, P.E. City Engineer
14 August, 2000
Pineapple Grove Way
Construction Contract Award
City Project #99-039
The above referenced agenda item was sent to you for commission approval. The Iow bidder,
Florida Blacktop, Inc., has successfully completed other projects with the City of Delray Beach.
We also met with representatives of Florida Blacktop, Inc. to discuss the scope, review methods,
review subcontractors, and to make a determination whether Florida Blacktop, Inc. is capable of
handling a project of this magnitude. The subcontractors that Florida Blacktop, Inc. will utilize
have also successfully completed other proje~:ts with the City of Delray Beach. Therefore, it is
our opinion that this contract should be awarded to Florida Blacktop, Inc.
With regards to Florida Blacktop, Inc. bid, we questioned the differences between the engineer's
estimate and bid price for several items. While some items came in over the estimate and some
below is not an uncommon practice.
The only item that we are asking for additional information on is item #77, the design build of the
irrigation system. Once we know how the contractor plans to build this we will be able to
determine if the cost is reasonable. Regardless of the outcome on this one item, our
recommendation is that this contract should be awarded to Florida Blacktop, Inc.
Thank you.
cc:
Richard Hasko, PE, Director of Environmental Services
File 1999-039
S:~EngAdmin~Projects~1999~99-O39~OFFIClALtagendamemo2 15aug2000. dcc
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 .."3 ·/~
Randal L. Krejcarek, P.E. City Engineer
9 August, 2000
Pineapple Grove Way
Construction Contract Award
City Project #99-039
The attached agenda item is for Commission appreval/authodzation for Mayor to execute contract with Florida
Blacktop, Inc. for the construction of improvements along Pineapple Grove Way between the Alley North of East
Atlantic Avenue and NE 4~h Street:
This contract includes the following improvements: streetscape, drainage, water main extensions, roadway
reconstruction, complete asphalt overlay of roadway, pavement markings and traffic signage, utility conduits, paver
brick sidewalks, on street parking, raised pedestrian crossings, a paver brick raised intersection, two paver brick
round-a-bouts, landscape, design-build irrigation, and decorative street lighting with the associated electrical system.
The cost of this project is $2,054,929.26. A complete Bid Tabulation is attached.
Funding is available as follows:
Funding Source Account Number FY 1999-2000 FY2000-2001 Total
General Capital 334-6111-519-65.12 $1,494,115.26 $169,000.00 $1,663,115.26
Water & Sewer R&R 442-5178-536-65.12 149,504.00 0 149,504.00
Drainage 448-5461-538-65.12 133,310.00 109,000.00 242,310.00
Total $2,084,929.26
This project will take 6 months to complete. Part of the construction funding ($278,000.00) is included in the FY
2000-2001 Capital Budget. This should not pose a problem since the majority of the construction will be
completed after the start of FY 2000-2001.
Please place this on the 15 August 2000 commission agenda.
Thank you.
Enc
CC:
Print:
Richard Hasko, PE, Director of Environmental Services
File 1999-039
08/09/00
$:lEngAdmintProjects~1999~99-O39~OFFICIAL lagendamemo 15aug2000. doc ~ · ~. 3 .
Project No. 99- 039
SIT
ATLANTIC
AVENUE
LOCATION MAP
Yq~OIH :~q paq~o~d 0008 6I:68:80 0; §nv nq± 5Mp'~aaqsJa^OO\6£0-66\s~oa(oJd\00VO6U3\squaw~Jedap\800^Jssa\\
Bid Tabulation
Pineapple Grove Way
Project 99-039
Bid Tabulation
Pineapple Grove Way
Project 99-039
Agenda Item No. o
AGENDA REQUEST
Request to be placed on:
X Regular Agenda
Special Agenda
__ Workshop Agenda
Date: 09 Aug 2000
When:20 Aug 2000
Description of item (who, what, where, how much): The attached agenda item is for Commission
approval/authorization for Mayor to execute contract with Florida Blacktop, Inc. for the construction of
improvements along Pineapple Grove Way between the Alley North of East Atlantic Avenue and NE 4th
Street. This contract includes the following improvements: streetscape, drainage, water main extensions,
roadway reconstruction, complete asphalt overlay of roadway, pavement markings and traffic signage, utility
conduits, paver brick sidewalks, on street parking, raised pedestrian crossings, a paver brick raised
intersection, two paver brick round-a-bouts, landscape, design-build irrigation, and decorative street lighting
with the associated electrical system. The cost of this project is $2,054,929.26. Funding is available as
follows:
Funding Source Account Number FY 1999-2000 FY 2000-2001 Total
General Capital 334-6111-519-65.12 $1,494,115.26 $169,000.00 $1,663,115.26
Water & Sewer R&R 442-5178-536-65.12 149,504.00 0 149,504.00
Drainage 448-5461-538-65.12 133,310.00 109,000.00 242,310.00
Total $2,054,929.26
ORDINANCE/RESOLUTION REQUIRED, YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recomF1'~ds Appr, ev,~l, , /~
,~. /
Department head signature: [~~)~ t~.-/'O- O~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable).
Budget Director Review (r,equir, ed on all iterqs involving e~pert~fitqre of fuqds):
~ Funding available. Y{~NO
,¢~ ~J Funding alternative'r-
//,~t-~//'~ Account No. & Description See above table
~ Account Balance Se~ a-~ ta~
City Manager Review:
Approved for agenda:~NO ~{Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
[ITY OF DELRRY BEACH
FIRE DEPARTMENT
D~LRAY ~EACH
AII.Am~ica City
1993
EMORANDUM
SERVING DELRAY BEACH
TO:
DAVID HARDEN, CITY MANAGER
· GULFSTREAM
FROM:
ROBERT B. REHR, FIRE CHIEF
DATE:
AUGUST 4, 2000
SUBJECT: PURCHASE OF AUTOMATIC EXTERNAL DEFIBRILLATORS
· HIGHLAND BEACH
On June 20, 2000, I was informed that we were awarded a state emergency medical
services matching grant to purchase Automatic External Defibrillators to be placed in the
police department vehicles. These devices will be used to enhance our Public Access
Defibrillator Program.
We are currently working with representatives from the police department to develop a
program that will set minimum standards for use, training, awareness and data
collection/recovery. Attached you will find a copy of three quotes for the Heartstart FR2
Semi- Automatic External Defibrillator. I am recommending the purchase of (34) thirty-
four Semi-Automatic External Defibrillators, Requisition number 81925, from Laerdal.
Funding is available as follows:
75% state grant, $58,500 that has been received by the City.
25% matching funds, $19,500 from the Federal Forfeiture Account from the Police
Department.
If you need any additional information concerning this issue please do not hesitate to
contact me.
Sincerely,
Fire Chief
Cc:
Richard Overman, Police Chief
David Junghans, Administrative Services Director
Ellen Wickert, Administrative Officer
U:~uthorization of funds for PD AED
FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444
(561) 243-7400 · SUNCOM 928-7400 · FAX (561) 243-7461
Printed on Recycled Paper
~I625i02
Number ........
Type .........
Status ........
Reason ........
By ..........
Date
Vendor
Contract nbr
Ship to ........
Deliver by date . . . :
Buyer ........
Fiscal year code :
Press Enter to continue.
C-ity Of Delray Beach Florida
Purchase Requisition
0000081925
1 PURCHASE REQUISITION
NEEDS ADDITIONAL INFO
AED'S
MURPHY
8/04/00
LAERDL
Si FIRE HEADQUARTERS
8/o4/oo
C C=Current year, P=Previous year,
No line items to display.
8/04/oo
13:26:07
F=Future year
Total:
F3=Exit
F10=Approval info F12=Cancel F20=Comments
Print operation complete to the default printer device file.
F9=Print
JUL-21-2000 16:12
LAERDAL NATIONAL ACCOUNTS
Laerda[
QUOTE TO:
Delray Beach Fire Department
501 W. Atlantic Avenue
Delray Beach, FL 3344z.
ACCOUNT: 005240
Wa ere pleased to quote as follows:
IQty. Catalog # Description
914 298 4554 P.02/03
DATE: 7/21/00
CONTACT: Rich Murphy
PHONE: 561-243-7440
FAX: 561-243-7461
Unit Price Extended Price
34 M3641A
34 M3863A
34 941310
4 FR1002
I 943001
Heartstert FR2 Semi-Automatic External Defibrillator $ 1,94g.00
w/o ECG display on screen
Includes: 2 pairs of electrodes, 1 Long-life D|sposable Lithium
Battery, User's Guide. Quick-Reference Card, :34 Batteries
#M3863A, & 5 Year Warranty
Battery Pack for FR2 $ 171.60
Carry Case (Semi-Rigid) $ 123.20
Defibrillation Pads (6-pack) $ 136.40
CodeRunner WEB Event Review Software $ 1,1~-0.00
66,266OO
5,834.40
4,18~.8o
545.60
1,140,00
TOTAL $ 77,g74.80
Quoted by: Jeff Hattem, National Account Manager for DefibriIlators
800-648-1851 x 379
Mary Dupree. Business Development
800-648-1851 x 689
Delivery: 30 Days ARQ or Less
Shipping: FOB Destination - Shipping Free for Orders over $1000.00
Terms: Net 30 Days
Federal I.D. # 13-2587752
Quote Exp. 30 Days
Quote No. fl-delraybeechfire 1
Thank you for your interest in Laerda! products.
To submit this Quotation as an order:
P/ease enter the following info,met(on and fax to Customer Support at 800-227-1143:
~ats
Laen3al Me~icar Corpora(on
187 Myers Comers Road. Wappingera Falls, NY 125go-8~40
Telephone (914) 297-7770, Fax (914) 297-11 $7
ORDERS: Customer SUppoA (S00) 431o10S5, Fax (8~0) 227-1143
Web Page: www. iaerdaLcom
American LaFrance Medic Master
Q
TO: Delray Beach Fire-Rescue
ACCOIjNT #: 42700
FAX: 561-243-7461
A'['[ EiN TIO~',{ Rich Murphy
BY RI '~K P,, '.3OL: .~, 1'er tory Manager
Effective Date: 7-20-00 to 8-20-00
Prices are good only for quantities indicated.
Shipping is included on all orders over $10Q00
TEM NO. QTY DESCRIPTION tJ~!~ .~RICE
:940020 ~leartsta~t FR Semi-automatic External Defibrillator (Model E) $3,333.00
w~th ECG display, 1 15 min. data card (#IFRlO05)/urdt,
1 simi-ri~d case (#I941301)/un/t.
WE AJ~P~ECIA TE YOD~ B LrSZHESS!!
uotation
TOTAL
$99,990.00
$99,990.00
v.o. aox ~o . eA'r~o ROlm
:_~-~ / -. ~-F ~ ~ ?~.(~ /
Tm rzHON NUM'BE,R
PAGE -' OF._.~-_
'hank you for the oppo~Jnity of quoting you on your equipment needs.
'our pdce~ are aa follows:
W,,o estimate daINery, ~ days tiler receipt of order.
,~e guarantee prlc~ until ~/-'/"~ K-~::~ , call our offic~ after this date,
Prk=ee aul~J~ct to dl et-to end local tUN.
PrloN FO~ Bll~tlr~
'l'~Ud~: NET $)
[O'd
sps. u dEO:EO O0-KO-6n~
AGENDA iTEM NUMBER: ~'~" ~
AGENDA REQUEST
Request to be placed on:
Date: August 4, 2000
__X Consent Agenda SpecialAgenda __ Workshop Agenda
When: AUGUST 15, 2000
Description of agenda item: Request City Commission's approval on the purchase of thirty-four
(34) Heartstart FR2 Semi-Automatic External Defibrillators that will be placed in the road patrol
units of the police department. Amount of purchase is ~ and funding is available as
follows: $
· 75% state grant funds, $59,400 that has been deposited
· 25% matching funds, $1...9~_0 from the Federal Forfeiture Account from the Police
Department /,~,
ORDINANCE/RESOLUTION REQUIRED: YES NO X
Draft of resolution Attached: YES N/A NO N/A
Recommendation: Approve purchase fr{~m Laerdal (Low Bid) see back-up
Department Head Signature:
Ro~eA/B. Rehr, Fire Chief
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: 75% state grant, 25% matchin~l funds (if applicable)
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda:
Hold Until:
No
Agenda Coordinator Review:
Received:
Action:
Approved
Disapproved
P.O.#
TO:
THRU:
FROM:
SUBJECT:
DAVID. 'l'/.xl~ RD E N, ?~1 ~TY ~,~ANAG E R
PAUL DORLING, ACTIN~D~RECTOR OF PLANN,7.~__~
JEFFREY A. COSTELLO~'PRINClPAL PLANN~~I~O
MEETING OF AUGUST '15, 2000
REMOVAL OF THE TEMPORARY STREET CLOSURE ON SE 4TH STREET, BETWEEN
SE 6TH AVENUE AND SE 7TH AVENUE.
BACKGROUND
At its meeting of July 15, 1996, the Planning and Zoning Board held a public hearing regarding a request by
the Marina Historic District Homeowners Association to close SE 4th Street. While the Board generally did
not support the request, they approved the closure on a temporary basis to evaluate the impacts of the
closure. A diagonal closure was installed on SE 4th Street, between SE 6th Avenue and SE 7th Avenue.
Typically when one street in a neighborhood is closed, those vehicles cutting-through find a neighboring
street to use. No pre-closure data was collected on neighboring streets, but from discussions between the
City Engineer and residents who live south of SE 4th Street, SE 7th Avenue and SE 5th Street are
experiencing increased traffic volumes. SE 7th Avenue south of 4th Street is substandard in width (one lane).
Any traffic pattern modifications that result in additional traffic utilizing this section of SE 7th Avenue are
discouraged. A traffic report prepared by McMahon and Associates regarding the closure of SE 4th Street
was submitted and reviewed by the City Engineer. Based upon the conclusions of the report, the City
Engineer recommends removal of the closure, and that traffic-calming measures (i.e. entry feature, chicanes)
be implemented to discourage cut through traffic. Attached are traffic calming measures recommended by
the City Engineer, Randal Krejcarek. Additional background and an analysis of the request are found in the
attached Planning and Zoning Board Staff Report.
PLANNING AND ZONING BOARD CONSIDERATION
At its meeting of July 17, 2000, the Planning and Zoning Board held a public hearing in conjunction with
review of the request. There was extensive public testimony primarily objecting to the removal of the closure.
The majority of the people were concerned with cut-through traffic, speeding and trash. Some people
suggested that SE 4th Street be changed to one-way westbound, and another person felt that the traffic
calming measures should be in place prior to removal of the closure. After reviewing the staff report and
discussing the proposal, the Board voted 3-2 (Randolph & Stark dissenting, Carter & Eliopoulos absent) to
th
recommend removal of the temporary closure of SE 4th Street, between SE 6th and 7 Avenues, as the
closure has failed to achieve its goals and has resulted in traffic being diverted to other residential streets,
subject to the condition that other traffic calming measures are simultaneously implemented, per the
December 1998 "Traffic Pattern Analysis for Marina District".
I RECOMMENDATION I
By motion, approve removal of the temporary closure of SE 4th Street, between SE 6th and 7th Avenues,
based upon findings and recommendations of the Planning and Zoning Board.
Attachments:
P& Z Board Staff Report of July 17, 2000
City Engineer's recommended traffic calming measures
Recommendations from "Traffic Pattern Analysis for Marina District"
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM # ~ - REGULAR MEETING OF AUGUST 15~ 2000
N~ING OF THE INTERNATIONAL TENNIS RESORT PROPERTY
DATE: AUGUST 11, 2000
At the August 8, 2000 Commission Workshop discussion ensued
regarding the naming of the International Tennis Resort property.
It was determined that consideration should be made bearing in
mind the pool and social aspect at this property as well as the
tennis courts. Some suggestions are:
Delray Beach Racquet Club
Delray Tennis Courts South
Delray Tennis South
Delray Pool & Tennis South Center
Delray South Recreation Center
Delray Swim & Tennis Recreation Center
Delray Swim & Racquet Center
City staff have reviewed all
marketing perspective, strongly
Club".
the suggested names and from a
recommends "Delray Beach Racquet
Ref: Agmemol 1. namingt ennisproper t y
[ITY OF DELARY BER[H
DELRAY BEACH
NI-AmedcaCity
1993
TO:
FROM:
100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 - 561/243-7000
MEMOI LNI)UM
David T. Harden
City Manager
AR~sbert A. Barcinski
istant City Manager
DATE: August 11, 2000
SUBJECT:
AGENDA ITEM CITY COMMISSION MEETING AUGUST 15, 2000
SPECIAL EVENT APPROVAL - 6TH ANNUAL DELRAY BEACH
STREET CRAFT FESTIVAL
ACTION
City Commission is requested to endorse the 6th Annual Delray Beach Street Craft Festival to be
held on September 9th and l0th from 10:00 a.m. - 5:00 p.m., to grant a temporary use permit per
LDR Section 2.3.6 (H) for the use of NE/SE 4th Avenue, one block north/south of Atlantic
Avenue, and the Veterans Park lot for vendor parking and to authorize staff support for police
security.
BACKGROUND
Attached is a request from Howard Alan Events, Ltd. for this event. Part of the proceeds will be
shared with the Joint Venture ($2,000). The City is requested to provide police security for this
event. The event sponsor will provide vendor approval, site clean up, port-o-lets, and
barricading. Barricades will be left on Friday and set up by the sponsor. No overtime is
anticipated. The estimate for Police overtime is approximately $1,350.
RECOMMENDATION
Staff recommends endorsement of the event, approval of the temporary use permit, and approval
of staff support for police security with the sponsor paying all police overtime costs, contingent
on the sponsor providing liability insurance and a hold harmless agreement.
RAB/tas
File:u:sweeney/agenda
Doc:howardalan 6th annual
THE EFFORT ALWAYS MATTERS 9' (~ '
BEST
F? O IV D
July 28, 2000
Mr. Robert Barcinski
Assistant City Manager
Ci~, of Delray
100 NW l't Ave.
Delray Beach, FL 33444
Dear Mr. Barcinski,
We are preparing for our 6th Annual Downtown Delray Beach Craft Festival. This festival is to be held on NE & SE 4th
Avenue, the dividing street being Atlantic Avenue, which will remain open to vehicular traffic, but to be patrolled by
off-duty officers of Delray's finest.
Please be advised that the following logistics for 6th Annual Downtown Delray Beach Craft Festival, September 9-10, 2000,
will be arranged:
Street Closure: Bon's Barricades will drop off barricades on Friday, September 8, 2000 and our employees will set them
up early Saturday morning.
Police: Lynn Parker at the Delray Police Department will arrange for Police and Security from 10:00am - 5:00pm Sat. &
Sun. and overnight Sat. from 6pm - 6am.
Po~t-O-Lets & Dumpeter: 3 regular and 1 handicap port-o-let have been ordered through Waste Management of Palm
Beach and will be dropped off on Fri., September 8, 2000 and will be picked up on Monday, September 11,2000 with
servicing Sunday, September 10, 2000. The 20 yd. dumpster will also be delivered Friday and picked up Monday. These
will be placed in areas approved by the Delrey Joint Venture.
Trash Receptacles: 20 trash receptacles will be supplie~3 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 Rig vehicles will park in the municipal lot at 7th and Atlantic Ave. just west of Atlantic
Plaza for overnight.
If you have any questions, please feel free to call me at (954) 472-3755.
As always we appreciate your time and effort at making these events so successful!
// ~How.a!d Alan
President
Howard Alan Events, LTD.
9695 \V. I{1{o\", \1{I) l;tL\ I). I'L,\NT\TION. FI,OI{ID\
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM # ~.D.- REGULAR MEETING OF AUGUST 15~ 2000
REJECTION OF BID - WEST ATLANTIC AVENUE BEAUTIFICATION
PROJECT - PHASE I
DATE: AUGUST 11, 2000
On July 20, 2000, one bid was received for the West Atlantic
Avenue Beautification Project - Phase I from Weekly Asphalt
Paving, Inc. The engineer's estimate for this project is
$1,183,168.70 and Weekly's bid was $1,547,360.93 or 30% higher.
It is the engineer's opinion that the single bid resulting from
the bidding process is not representative of competitive pricing
of the proposed improvements and staff concurs.
Staff recoramends rejecting bid %98-94 for the West Atlantic
Avenue Beautification Project - Phase I, in the amount of
$1,547,360.93 from Weekly Asphalt Paving, Inc. and authorizing
staff to re-bid this project in the spring of 2001, thus allowing
construction to begin in early suramer of 2001.
Agmemo:rejectbid/08.15.00
Agenda Item No.
AGENDA REQUEST
Request to be placed on:
X Regular Agenda
__ Special Agenda
Workshop Agenda
Date: 10-Aug-2000
When: 15-Aug-2000
Description of item (who, what, where, how much): Requesting Commission approval to
reject bids received for the West Atlantic Beautification Project, Phase 1 (Project # 1998-
094). Only one bid was received and that bid was approximately 30% higher than thc
engineer's estimate. Project will be rebid in spring 2001 with construction to begin in early
summer 2001.
Engineer's Estimate = $1,183,168.70 Bid Received = $1,547,360.93
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recomF~nds appr~oyal of rejectiop~f bids.
Department head signature: ..~ , . . ~C_/o- o4)
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 N.A.
Funding alternatives: (if applicable)
Account No. & Description
Account Balance
City Manager Review: (~ ~p~
Approved for agenda: /NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\EngAdmin\Projects\1998\98-094\OFFICIAL~agenda 15aug00.doc
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
DATE:
SUBJECT:
www.delrayesd.com
David T. Harden, City Manager
Randal L. Krejcarek, P.E., City Engineer/~~
10-Aug-00
West Atlantic Avenue Beautification Project
Phase 1 - NE-NW 2nd Avenue to NE-NW 6th Avenue
Rejection of Bids
Project #1998-094
The attached agenda item seeks commission approval to reject bids received for the
above referenced project. The reason I am seeking rejection of bids is because only one
bid was received and that bid was approximately 30% higher than the engineer's
estimate. Attached is a copy of the bid tabulation.
Engineer's Estimate = $1,183,168.70 Bid Received = $1,547,360.93
This project will be rebid in the spring of 2001, which would allow for construction to
begin in early summer 2001.
Please place this item on the 15 Aug 2000 Commission Agenda.
Thanks!
Enc.
cc
Richard Hasko, P.E., Director of Environmental Services
file
~tessrvOO2~DEPARTMENTS~EngAdmin~Projects~f998~98-Og4~OFFIClAL~agendarnerno 15augOO. doc
City Of Delray Beach
Department of Environmental Services
M E M 0 R A
N D U M
TO:
FROM:
DATE:
SUBJECT:
www.delrayesd.com
David T. Harden, City Manager
Randal L. Krejcarek, P.E., City Engineer P~,z~'~
14-Aug-00
West Atlantic Avenue Beautification Project
Phase 1 - NE-NW 2nd Avenue to NE-NW 6th Avenue
Rejection of Bids
Project #1998-094
The above agenda item was sent to you with the recommendation to reject the bids
because only one bid was received and that bid was approximately 30% higher than the
engineer's estimate.
The rebid schedule will be set so that construction can begin immediately after the Delray
Affair next spring, This should ensure that the majority of construction is completed
during the summer of 2001.
Please place this item on the 15 Aug 2000 Commission Agenda.
Thanks!
Enc.
CC
Richard Hasko, P.E., Director of Environmental Services
file
~ESSRVOO2~DEPARTMENTS~EngAdmin~Projectst1998~8-Og4tOFFICIAL~agendamemo2 15augOO. doc
August 3, 2000
Randal Krejcarek, P.E.
City Engineer, Engineering Services Division
City of Delray Beach
434 S. Swinton Avenue
Delray Beach, FL 33444
WEST ATLANTIC AVENUE BEAUTIFICATION PROJECT - Phase 1
City Project Number 98-094
Letter of Recommendation for Construction Bid
City of Delray Beach, FL
Dear Randal,
On July 20, 2000 the City of Delray Beach received public bids for the above referenced
project. Only one construction bid was received from Weekly Asphalt. Bid tabulation
for Weekly Asphalt with the engineer's estimate is attached. Weekly's bid was
$1,547,360.93 dollars and the engineer's estimate is $1,183,168.70 dollars.
URS/Dames Moore performed a reference check on the Weekly Asphalt. We determined
that Weekly Asphalt has performed satisfactory work as general contractors for projects
within the South Florida area such as Davie Road Beautification Project ($750,000.00),
within the Town of Davie, Broward County. This project is still under construction and
currently has satisfactory status with the Town of Davie. Based on our review of the
contractor's past performance, URS/Dames & Moore believes that Weekly Construction
has the ability to perform the proposed work
It is our opinion that the single bid rcsulting from bidding process is not representative of
competitive pricing of the proposed improvements. The bid received is 30% higher than
the engineer's estimate. We therefore recommend the project he rebid for competitive
pricing.
le rY Truly Y, ours,
Gil'~erti, P.E.
cc:JDG/dpj
Enclosure
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[lTV OF GELfllq¥ aEI:i[H
CITY ATTO INEY'S OFFICE
DELRAY BEACH
~[I.M~ica City
1993
TO:
FROM:
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE $61/243-7090 · FACSIMILE $61/278-4755
Writer's Direct Linc: 561/243-7091
MEMORANDUM
August 11, 2000
City Commission
Brian Shutt, Assistant City Attorney
SUBJECT: Contract for Purchase of Lots 12 & 13, Silver Terrace
The City wishes to purchase Lots 12 & 13 of the Silver Terrace Subdivision to use the
property for affordable housing and/or transfer to Habitat for Humanity. We have
advertised for the proposed purchase of the property. However, the contract for sale and
purchase has not been finalized. Therefore, our office would request that this matter be
postponed until the September 7, 2000 City Commission meeting.
Please call if you have any questions.
CC:
David Harden, City Manager
Alison MacGregor Hart3', City Clerk
Lula Butler, Community Improvement Director
Dennis Thompson, Rehab Specialist
I IEMOR&NDUM
I
TO:
FROM:
DATE:
City Commission
David T. Harden, City Manager
August 14, 2000
SUBJECT: Squash Tournament Agreement
The attached memo from Brahm Dubin gives a detailed estimate of the City's costs for
acting as the host site for a Squash tournament to be held Wednesday, November 8th
through Sunday, November 12th. The estimate is a "should not exceed" number.
Probably, our cost will be less than the estimate.
City staff is recommending that the City Commission approve the agreement for us to
host this tournament for the following reasons:
The Palm Beach County Sports Commission is putting up the $10,000 needed to
bring the event here. Palm Beach County has been very helpful to us in the
development of our Tenais Center, as well as other recreational facilities in the City.
In a spirit of cooperation with the County we should support this event.
2. This event is to be televised internationally. This television exposure will provide
positive publicity for the City, which is a long-term economic benefit.
3. Because this is a televised event, it helps to increase the ultimate value of naming
rights for the Center.
4. The players, tournament staff, and spectators will provide a positive economic impact
for our City.
DTH:kwg
Attachment
File:u:graham/ccomm
Doc.:Squash Tournament Costs
08/14/2008
82:46 56i243738S
DELRAY EEAOH GOLF OL PAGE Bi
Goff & Tenn~ Managemen~ Development & Consultation
MEMORANDUM
REVISED
August 14, 2000
mo: Bob Barcimki /../~_..._~..
FKOM; Brahm Dubin
PNC Investments/Florida Open
Delray Beach Tennis Center will bc the host sim for the inaugural PNC
InveStmen~ Florida Open ~o be held Wcdn~day, November 8, 2000 through Sunday,
Novemlmr 12, 2000.
'the resPonsibilities of the City of Deiray Beach arc detailed on Pages 2 end 3 of
estimated costz to be incurred by the City am as follows:
3(ii) City Ele~tricien and electrical power $1200
(:iv) Res~room Supplies 50
(vi) Dir~iional Signagc 1000
(viii) Police, fire & traffic control (s~ attached) 5000
,ex) Usc of utility vehicic -0-
(xi) :Flags -0-
,(xii)Golf Passes -0-
{xiii):Dinner
[xiv) Event coordination and menag~nent 1500
(xv) Labor- install and remove bleacher seating 250
(xvi) Labor- install and mnovc ~ua~ court 2500
TOtal estimated cost~ _$ 1~000
ESfim.ted Facility fee revenue 1000 tick,ts @ $1
($
Nct Estimated Cost to the City
S 11~50
Note: Court usage loss -0-
2201) Highland Avenue · Delray Beach, FL 3344S · (561) 243-7064 · Fax (561) 243-7386
., . 0B~13/20~0 22:36 §$124373B$ DELRAY BEACH GOLF OL PAGE 03
TO: :
L
s~c~,t o~noNs sucno~
R~PORT ~OR~
ESTIMATE: PROI~$gD SQUASH TOUi~AMENT
~'~bor
·
~~o~)
ov~(c~~~)
T0~I~ h~ x a~a~ ~ ra~e ~ .15 ~ m~tip~
'~ T~ ToM To~ ToM
~S021.82
::
rlTY OF DELRflY BEI:II:H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
~JI,kaedca Ci~
1993
DATE:
August 11, 2000
MEMORANDUM
TO:
City Commission
FROM: Susan A. Ruby, City Attomey
SUBJECT: License Agreement Between the City and PNC Investments, Ltd.
The Licensee, PNC Investments, Ltd. (PNC), desires to hold an event to be called the
"PNC Investments Florida Open" (the Open) at the City of Delray Beach Municipal Tennis
Center, for a five day tournament to be held November 8th through November 12th, 2000,
which rights will cover an additional two days before commencement to set up and an
additional day after the Open to remove necessary facilities.
The license covers the use of clay courts 1 and 2 and necessary surrounding property for
the Squash Tournament.
The details of what the City is to be responsible for and what PNC will be responsible for
is primarily set forth on Pages 2 through 5 of the Agreement.
If you have any questions, please contact Brahm Dubin, Bob Barcinski or me.
By copy of this memorandum to David Harden, City Manager, our office requests that this
matter be placed on the August 15, 2000 City Commission agenda.
Attachment
CC:
David Harden, City Manager
Alison Harty, City Clerk
Brahm Dubin
LICENSE AGREEMENT
THIS AGREEMENT, made and entered into this day of ,2000
by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation
(hereinafter referred to as "CITY"), and PNC INVESTMENTS LTD, (hereinafter referred to as
"PNC").
WITNESSETH:
WHEREAS, the CITY owns and controls certain property upon which is located the
City of Delray Beach Municipal Tennis Center; and,
WHEREAS, PNC, is desirous of using the Municipal Tennis Center for the purpose of
holding a sporting event to be known as the PNC Investments Florida Open ("Open") at the
Tennis Center; and,
WHEREAS, the CITY believes that holding the PNC Investments Florida Open at the
Municipal Tennis Center (the Site) will grant the citizenry of Dekay Beach many tangible and
intangible benefits; and,
WHEREAS, PNC understands that Coca-Cola Enterprises, Inc. (Coca-Cola) has
exclusive pouring rights at the Tennis Center and PNC shall not enter into any agreements that
would be counter to Coca-Cola's pouting rights in the CITY unless otherwise agreed to by
CITY, Coca-Cola Enterprises, Inc. and PNC.
NOW, THEREFORE, in consideration of the mutual premises, covenants and
agreements contained herein, the parties hereby covenant and agree as follows:
1. LICENSE; TERM.
The CITY hereby grants to PNC for November 8 through November 12, 2000, the right
and privilege to stage, use, manage and operate Clay Courts 1 and 2 of the Municipal Tennis
Center and necessary surrounding property for a five (5) day tournament referred to herein as the
"Open", including the exclusive use of the Clubhouse after 4:00 p.m. each day and Lockerooms
after 4:00 p.m. each day of the Open. PNC's rights shall cover an additional two (2) day period
before the commencement of the Open to set up necessary facilities and an additional day after
the Open to remove necessary facilities.
2. LICENSE AGREEMENT ONLY.
This Agreement between the CITY and PNC is a license agreement, not a lease or
purchase agreement, and should be construed by a court of competent jurisdiction to be a license
agreement only. Furthermore, this License Agreement does not grant nor is PNC receiving
hereunder any rights to any real property of the CITY nor any property interests except as set
forth in this agreement.
3. FACILITIES AND SERVICES PROVIDED BY CITY.
Unless otherwise herein specified, CITY shall be responsible for, or agrees to provide, at
no charge to PNC the facilities and production assistance in connection with the conduct of and
staging of the Open:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
parking for boxholders, players, sponsors, ticketholders, press, staff, and
volunteers (PNC to implement, manage and staff parking, including
reserved areas);
all electrical power and one on-site electrician (all costs and expenses are
CITY's responsibility) for the duration of the Open (hook-ups not
included);
adequate space for and operation of concessions, retail booths, etc. (PNC
shall place and operate the concessions and retain all revenues fi.om its
concessions and retail booths);
restroom facilities and supplies;
the use of areas for celebrities, press, press interview, tournament staff,
volunteers, officials, ticket office, and VIP hospitality and the use of
locker rooms, as mutually agreed. Areas should include tables, chairs,
furniture and air conditioning, as mutually agreed;
on and off-site directional signage;
all necessary permits;
2
(viii) adequate police, fire support and traffic control;
(ix) access to utilities to inchide but not be limited to water/sewer,
electric/lighting and trash/garbage removal fi.om dumpster;
(x) use of one utility vehicle;
(xi) provide International Flags;
(xii) Complimentary Golf Passes in a number acceptable to the City;
(xiii) City to provide dinner for up to 100 people on Saturday, November 11,
2000 at the Delray Beach Country Club;
(xiv) Event Coordination and Facility Management Assistance
(xv) City to install and remove bleacher seating, (each bleacher section shall
hold approximately 50 people);
(xvi) City to install and remove the Squash Court provided by PNC under
PNC's supervision and direction.
4. STAGING AND PRODUCTION OF THE OPEN.
The organization, staging, and conduct of the Open will be the responsibility of PNC,
which responsibilities shall include the following:
(a) Handling ticket and box office sales that do not utilize Ticketmaster;
(b) Obtaining an Open Director, all personnel involved in the Open, and the Open
participants;
(c) Administering the entire Open;
(d) Setting up the Open on-site and handling all on-court activities of the Open;
(e) Soliciting sponsorship sales .and television rights sales for the Open;
(f) Handling promotions, advertising, sales, public relations, and program production
for the Open;
(g) Liaising with the charity beneficiaries selected by PNC for the Open;
(h)
PNC shall be responsible for site clean up, clean up of restrooms and for garbage
pick-up, however, PNC shall not be responsible for removal of garbage from the
site.
(i)
PNC is responsible for covering the courts if VIP tents are to be set up or if
needed to cover courts used for contents;
(J)
PNC shall pay for all expenses relating to phone usage by PNC, including but not
limited to, hook-up, dial tone, and usage charges;
(k) Light and sound;
(1) All tents;
(m)
International television coverage to include at a minimum six separate television
segments broadcast to approximately 230 million homes for each segment. PNC
shall provide documentation of the exposure within ninety (90) days after the
Event. The television coverage shall be done in a professional manner. PNC
shall feature and promote Palm Beach County and the City of Dekay Beach
during the above segments.
(n) PNC shall provide all volunteers that they deem necessary;
(o) PNC shall provide one Youth Clinic;
(p) PNC shall provide Glass Court and Glass Court Engineer;
(q) PNC to provide prize money;
(r)
PNC shall provide the Light and Sound System (two lock-on spotlights, one
remote microphone, one line microphone, and one twin deck sound system);
(s)
PNC shall provide onsite security for event and players, at their expense, at a level
that is acceptable to the Police Department of the City of Delray Beach.
5. ACKNOWLEDGMENT BENEFITS.
In acknowledgment of the services provided by the CITY in Paragraph 3 hereof, PNC
agrees that CITY will have the following acknowledgment rights in relation to the Open subject
to the provisions of this Agreement:
(a)
(b)
Recognition of Tennis Center as the Host Site of the Open;
Inclusion of CITY's name and/or logo in all print, radio, and television
advertising created by PNC to promote the Open;
(c)
(d)
(e)
(f)
(g)
(h)
(i)
0)
(k)
(1)
Inclusion of CITY's name on the front cover of all promotional materials created
and distributed by PNC;
Inclusion of CITY's name in all press materials;
One (1) full-page promotional acknowledgment in the Official Open Program
(CITY to provide camera-ready copy in advance of publication deadlines) and
listing on the program cover;
Audio and graphic mentions during the telecast and best efforts to create overview
shots of Delray Beach in the opening of the broadcast;
Ten (10) general admission tickets per session;
One (1) court banner (to be provided by CITY at its sole expense and subject to
the prior approval of PNC);
Use of booth space on-site for promotional purposes (with all material subject to
the prior approval of PNC);
Special ticket offer for members of the Tennis Center to attend the Open;
Participation of CITY in press conferences for the Open; and
Participation in awards ceremony.
6. OPEN EXPENSES ANDREVENUES.
(a) Subject to Section 40 hereof, PNC shall be responsible for collecting all revenues
generated by, and paying all expenses incurred for, the Open, except for those expenses
associated with CITY's obligations set forth herein.
(b) CITY acknowledges that PNC will not pay CITY for any expense incurred by
CITY in conjunction with the Open unless CITY has submitted a written estimate of such
expense to PNC and obtained written approval from PNC of such expense in advance.
7. FORCE MAJEURE.
If PNC or the CITY is prevented from or interfered with in any manner whatsoever in fully
performing its agreements (including its ability to conduct the Open) hereunder, for any reason
beyond its reasonable control such as any law, regulation, act of God, earthquake, flood, fire,
accident, labor controversy, act or threat of terrorism or delay of a common carder (the foregoing
all being examples of an "event of force majeure"), then PNC's and the CITY's obligations
hereunder will be suspended as often as any such event of force majeure occurs and during such
occurrences, PNC's and CITY's nonperformance will not be deemed a breach of this Agreement
8. AUTHORIZED AGENT.
PNC hereby designates PNC Investments Ltd, 5030 Champion Boulevard, Suite 6-272,
Boca Raton, Florida, Attn: Dennis Crowley, as PNC's authorized agent for all purposes
hereunder. All notices or submissions to be made or delivered by CITY to PNC pursuant to this
Agreement shall be delivered to said address free of all charges, such as, for example, shipping
charges and customs charges.
9. TAXES.
PNC shall be liable for any and all taxes, which are or may be imposed as a result of this
agreement. Taxes shall be paid to the appropriate authority and including, but not limited to,
sales and use tax.
10. PROOF OF INSURANCE.
PNC shall provide the CITY with proof of insurance being in force. The type and
quantity of insurance is more particularly set forth in Exhibit "A" to this agreement. Proof of
such insurance shall be due by thirty (30) days prior to the first day of the event. The insurance
shall name the CITY and Dubin & Associates, Inc. as additional insureds.
11. FINANCIAL RESPONSIBILITY.
PNC agrees, subject to the provisions of this Agreement, to accept all financial
responsibilities for the Open, including, but not limited to, all accounting and reporting as may be
required by law. PNC further agrees to accept sole responsibility for any financial commitments
or obligations it incurs as a result of the Open, and which are not provided for in this Agreement.
12. OTHER SERVICES AND SUPPLIES.
PNC further agrees that all services and supplies not specifically identified herein shall be
provided by or through PNC.
13. CONCESSION RIGHTS OF PNC.
PNC may sell food, beverages, confections, refreshments and novelties or may, subject to
approval by CITY, contract with another to provide such service except that PNC will not offer
for sale items that are prohibited by the CITY's agreement with Coca-Cola of Florida (attached
hereto as Exhibit "B"), unless otherwise agreed to in writing by CITY, Coca-Cola Enterprises,
Inc. and PNC.
In providing the concession service, PNC or any person, firm, or corporation with whom
it contracts for such purpose (hereinafter referred to as "concessionaire") shall comply with the
following provisions provided, however, that PNC shall remain ultimately responsible to CITY
for all obligations required of the concessionaire:
a. Concessionaire shall, prior to commencing any activities, obtain any and
all permits and licenses that may be required in connection with the operation of this
concession.
b. All food, drinks, beverages, confections, refreshments, etc. sold or kept for
sale shall be first class and quality, in accordance with the Department of Health
requirements, shall conform to all federal, state, county, and municipal laws, ordinances
and regulations in all respects.
c. Concessionaire may have the option to sell alcoholic beverages at the
Tennis Center. Concessionaire may also sell merchandise. Sale of alcoholic beverages
and other merchandise must comply with all federal, state, county, and municipal laws,
ordinances and regulations and must be properly licensed by the State of Florida or other
applicable governmental entities.
d. Concessionaire may, at its expense, furnish additional equipment and
fixtures to be utilized in the concession. Concessionaire shall submit plans and speci-
fications concerning fixtures and equipment to CITY for approval prior to installation of
any items. For the purpose of this Agreement, "fixture" shall be defined as anything
annexed or affixed to a building or structure or which appears to be so affixed or
annexed, regardless of whether it is capable of being removed.
e. The Concessionaire shall provide all maintenance, repair and service
required on all equipment used on the concession.
f. Concessionaire shall keep all fixtures, equipment and personal property,
whether owned by Concessionaire or CITY, in a clean and sanitary condition and shall
cleanse, fumigate, disinfect and deodorize as required and whenever directed to do so by
CITY. All state health laws and state health department regulations must be strictly
complied with. All janitorial services necessary in concession area shall be provided by
Concessionaire at Concessionaire's expense.
g. Concessionaire agrees to dispose of all refuse and garbage, in compliance
with all applicable laws, ordinances and health codes, at Concessionaire's expense, and to
keep outside container areas cleaned at all times.
h. If the concession is operated by a person, finn or corporation other than
PNC, such person, finn, or corporation shall at all times maintain workers' compensation
insurance coverage for all employees which it employs within the areas and facilities
covered by this Agreement, together with the policy or policies of public liability and
products liability insurance and provides limits of at least One Million ($1,000,000.00)
Dollars for combined single limit coverage; provide liquor liability insurance with limits
of at least One Million ($1,000,000.00) Dollars and provide fire legal liability in the
amount of Five Hundred Thousand ($500,000.00) Dollars. Such policies shall provide
that they will not be cancelled or amended without at least ten (10) days written notice to
the Risk Manager of CITY and shall name CITY, its officers, agents and employees and
Dubin & Associates, Inc. as additional insureds.
14. ACCEPTANCE OF TOURNAMENT SITE.
(a) Prior to the Open, PNC may inspect and examine the Site to determine that said
Site is in adequate and satisfactory condition for the uses contemplated. PNC assumes full
responsibility and liability for all damages, losses and liability caused by conditions on the Site,
which arise once it commences use and occupancy of the Site, and which conditions are caused
8
by or result from the actions of or failure to act by PNC, its employees, agents or representatives,
or by the actions of or failure to act by exhibitors, independent contractors, workers or invitees of
PNC while on the Site. PNC indemnifies, defends and holds the CITY and Dubin & Associates,
Inc. harmless for any such claims unless such damage, loss or liability was caused by conditions
on the Site which are inherent in the structures involved, or the direct result of CITY's
(including its employees and agents) or Dubin & Associates, Inc., negligence or misconduct.
(b) CITY shall not be responsible for any damage or injury to, or personal conduct,
safety and welfare of PNC, its employees, agents or representatives, or exhibitors,
independent contractors, workers, and invitees while on the premises and PNC
expressly indemnifies, holds harmless and releases CITY and Dubin &
Associates, Inc. from any and all such claims, damages, losses or liability
associated therewith, unless such claim, damage, or liability is the result of
CITY's (including employees and agents) or Dubin & Associates, Inc. negligence
or misconduct.
15. REPAIR~ REPLACEMENT AND MAINTENANCE.
PNC shall pay all costs for cleanup, repair and replacement and all damages of whatever
origin or nature, for which it is responsible, ordinary wear and use thereof only excepted, which
may occur during the term of this Agreement in order to restore the Site to a condition equal to
the condition at the time PNC occupies the Site.
PNC shall be responsible for clean up of the Site during and alter the Open. If at any
time CITY determines that the clean-up services provided by PNC are not adequate or that said
services endanger public health and safety, CITY shall notify PNC in writing and ifPNC fails to
clean up alter receipt of written notification, CITY may provide these services. PNC shall
reimburse CITY for the costs of providing these services and for the actual costs of any supplies.
16. TICKET SALES.
All tickets for admission shall contain language approved by PNC and CITY establishing
that the tickets create a revocable license. '
.~rev!de C!*y M~nag~' ,~r hi: de~r. ee with thc-z?_b!,_'sb,~d ~,q!ing p~cc~x'~lI~I~tt1~~
t~ket lc. ' ~e PNC shall be responsible for all refunds incurred as a result
of the cancellation or rescheduling of the event up to the face amount of the ticket price per ticket
purchased plus any additional credit card fees that may be imposed.
17. ADVERTISING MATTER.
(a) PNC agrees, subject to its rights, if any, under any applicable License
Agreements, to identify the City of Delray Beach as the site of the Open in all publications,
advertising and any electronic broadcast, and to permit CITY to use PNC' trademark or any
trademark authorized to be used by PNC, and CITY agrees to permit PNC to use the CITY's
name and logo and trademark during the term of this Agreement solely in the connection with the
Open. CITY agrees that promotional material created by CITY with regard to the Open is
subject to the approval of PNC. PNC agrees that any material submitted by CITY will not be
unreasonably disapproved, and, if it is disapproved, that CITY will be advised of the specific
grounds of the disapproval.
Co) All printed material and advertising matter to be used prior to or at the Open
which include the name City of Delray Beach or its official seal shall be submitted to the City
Manager or his designee for his approval at least two (2) days prior to the proposed use of the
same. Approval shall not be unreasonably withheld by the City Manager or his designee. CITY
agrees that it shall always use the official name of the Open as designated by PNC and no other
name when making reference to the Open in CITY's promotional materials.
(c) If PNC shall secure television coverage for the Open, PNC shall ensure that any
such television coverage of the Open shall specifically mention the CITY as the
host in the opening of each and every broadcast. PNC will provide CITY with an
overview of the City of Delray Beach.
18. EVENT PERSONNEL AND EQUIPMENT.
PNC shall provide all personnel needed for the Open, including, but not limited to, ticket
sellers, ticket takers, ushers, sound technicians and stagehands except as otherwise set forth in
Paragraph 3 or elsewhere in this Agreement.
10
19. POLICE AND EMERGENCY PERSONNEL.
PNC agrees to make arrangements with the CITY Police Department to provide for
CITY police personnel which the CITY determines, in its sole discretion, is necessary for the
Open. The CITY will pay for the use of City Police Personnel. Also, PNC shall contact the
CITY Fire Dep*utment to make arrangements for Emergency Medical Technician personnel to
be present at the Open.
20. CITY'S RIGHT TO CONTROL PREMISES.
CITY at all times reserves the right to eject or cause to be ejected from the premises any
person or persons violating or to keep persons from violating any of the rules or regulations of
the Tennis Center or any city, county, state or federal laws, and neither CITY nor any of its
officers, agents or employees shall be liable in any manner to PNC or its officers, agents or
employees for any damages which may be sustained by PNC through the exercise of this right by
CITY.
21. ALCOHOLIC BEVERAGE LICENSE.
In the event an alcoholic beverage license is required, PNC or its agents shall apply for
and obtain a temporary alcoholic beverage license from the State of Florida Department of
Business Regulations, Division of Alcoholic Beverages and Tobacco for the sale of alcoholic
beverages at the Site for the Open, to the extent it does not violate any federal, state, county or
city ordinance, rule or regulation. IfPNC obtains the license, PNC shall display said license in a
conspicuous place at the Site of the sale and/or distribution of the alcoholic beverages. If PNC
obtains the license, PNC shall be solely responsible for timely reporting and remitting the
appropriate retail surcharge on the alcoholic beverages sold for consumption to the Division of
Alcoholic Beverages and Tobacco. IfPNC obtains the license, PNC shall strictly comply with all
rules and regulations established by the Division of Alcoholic Beverages and Tobacco of the
State of Florida and any other applicable statutory and regulatory regulations.
11
22. VACATION OF THE OPEN SITE.
PNC agrees to vacate the licensed Open Site no later than one (1) day after the comple-
tion of the Open; to leave said Open Site in a condition equal to that in existence at the
commencement date PNC occupies the Open Site, ordinary wear and use thereof only excepted,
and that PNC shall remove fi.om the Open Site within five (5) days following the closing of the
Open, all material and equipment owned by PNC.
23. NON-DISCRIMINATION.
A. That PNC for itself, its personal representatives, successors in interest, assigns,
subcontractors, and sublicensees, as a part of the consideration hereof, does hereby covenant and
agree that:
1. No person on the ground of race, color, national origin, age, or sex shall be
excluded from participation in, denied the benefits of, or be otherwise
subjected to discrimination in the use of said facilities.
2. That in the construction of any improvements on, over, or under such land
and the furnishing of services thereon, no person on the ground of race,
color, national origin, age, or sex shall be excluded fi.om participation in,
be denied the benefits of, or otherwise be subject to discrimination.
3. That PNC shall use the premises in compliance with all other
requirements imposed or pursuant to Title 45, Code of Federal
Regulations, Article 80, Non-discrimination under programs receiving
Federal Assistance through the Department of Health, Education and
Welfare - Effectuation of Title VI of the Civil Rights Act of 1964, and as
said Regulations may be amended.
B. That in the event of a proven breach of any of the above non-discrimination
covenants, the CITY shall have the right to terminate the license and to take possession of said
facilities and hold the same as if said license had never been made or issued. This provision shall
12
not be effective until the procedures of Title 45, Code of Federal Regulations, Part 80, are
followed and completed including exercise or expiration of appeal rights.
C. PNC shall not discriminate against any employee or applicant for employment to
be employed in the performance of the contract with respect to hiring, tenure, terms, conditions
or privileges of employment, or any matter directly or indirectly related to employment because
of age, sex, physical handicap (except where based on a bona fide occupational qualification); or
because of marital status, race, color, religion, national origin or ancestry.
24. CHANGE IN LAW.
During the term, the CITY reserves the right to restate and/or renegotiate with PNC such
additions, deletions or changes to the license as may be necessitated by changes in county, state
or federal laws relating to the operation of the Site. In the event that the CITY and PNC are
unable to reach a mutual agreement on any such addition, deletion or change, that portion of the
contracf concerning the services involved in the addition, deletion or change shall be terminated
or eliminated.
25. CANCELLATION BY CITY.
The occurrence of any of the following shall cause this Agreement to be automatically
terminated:
A. Institution of proceedings in voluntary bankruptcy by PNC.
B. Institution of proceedings in involuntary bankruptcy against PNC if such
proceedings lead to adjudication of bankruptcy and the PNC fails within ninety (90) days to have
such adjudication reversed.
The CITY shall have the right, after fourteen (14) calendar days written notice sent by
registered or certified mail to PNC specifying the amount of payment(s) in default, to terminate
this Agreement whenever the non-payment of any sum or sums due hereunder continues for a
period of ten (10) calendar days after the due date for such payments; provided, however, that
such termination shall not be effective ifPNC makes the required payment(s) during the fourteen
(14) calendar day period following receipt of the written notice.
13
26. DEFAULT BY PNC.
The CITY may terminate this Agreement for cause upon PNC's failure to perform any of
the terms and conditions of this Agreement and such failure in performance not remedied by
PNC within thirty (30) days after receiving notice in writing of such default or in cases where
remedial measures may take longer than thirty (30) days, satisfactory remedial action must begin
and be consistently undertaken within thirty (30) days after receiving notice in writing stating the
nature of the failure of performance and the CITY'S intention to terminate if not corrected and
which remedial measures must be completed within a reasonable time set forth in the notice from
the CITY.
27. DEFAULT BY CITY.
PNC may terminate this Agreement for cause upon CITY'S failure to perform any of the
terms and conditions of this Agreement if such failure in performance was not remedied by
CITY within thirty (30) days after receiving notice in writing of such default, or in cases where
remedial measures may take longer than thirty (30) days, satisfactory remedial action must begin
and be consistently undertaken within thirty (30) days after receiving notice in writing stating the
nature of the failure of performance and PNC's intention to terminate if not corrected and which
remedial measures must be completed within a reasonable time set forth in the notice from PNC.
28. NOTICES.
Any notices submitted or required by this Agreement shall be sent by registered or
certified mail and addressed to the parties as follows:
To the City: David Harden, City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
To PNC:
PNC Investments Ltd
5030 Champion Boulevard, Suite 6-272
Boca Raton, FL 33496
Attn: Mr. Dennis Crowley
or to such other addresses as either party may designate in writing.
14
29. INTERPRETATION.
This Agreement constitutes the entire Agreement between the parties with respect to
subject matter hereof and supersedes all prior verbal or written agreements between the parties
with respect thereto. This Agreement may be amended only by written document, properly
authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as
a whole unit and section headings are for convenience only. All interpretations shall be governed
by laws of the State of Florida. Waiver of any breach shall not constitute waiver of any other
breach. Invalidation of any portion of this Agreement shall not automatically invalidate the
entire Agreement.
30. INDEMNIFICATION.
(a) To the fullest extent permitted by laws and regulations, PNC agrees to indemnify,
defend, save and hold CITY, its officers, agents, employees and assigns and Dubin &
Associates, Inc., harmless from any and all claims, damages, liabilities, losses, causes of action,
liens or judgments of any kind or nature whatsoever which may arise out of, in connection with,
or because of the use, maintenance, or operation of the licensed facilities, including but not
limited, to the exterior facilities and grounds, parking ~.reas, pedestrian walkways, vehicular paths
and grassy areas, by PNC or its officers, agents, employees, or independent contractors, and
invitees including but not limited to those resulting from or arising out of (a) by any act done or
words spoken by PNC, its players, agents or employees; (b) any damage done to the premises or
any part thereof caused by the act or omission of either PNC or any player, agent or employee of
PNC: (c) the breach by PNC of any term of this Agreement; or (d) any breach or alleged breach
of any warranty or obligation undertaken by PNC in this Agreement. PNC shall pay all claims,
losses, liens, settlements or judgments of any nature whatsoever in connection therewith,
including but not limited to reasonable attorney's fees and costs to defend all claims or suits, in
the name of CITY when applicable.
(b) PNC agrees to defend all actions to which this Paragraph 30 applies, in the name
of CITY provided, however, that CITY reserves the right to select its own legal counsel to
conduct any defense in any such proceeding which selection shall be reasonable under the
15
circumstances. All costs and fees associated therewith shall be the responsibility of PNC under
this indemnification agreement.
(c) Such indemnification shall be limited to the amount of commemial general
liability insurance, which PNC is required to obtain under this License Agreement.
(d) Nothing contained herein is intended nor shall be construed to waive CITY's
rights and immunities under the common law or Section 768.28, Florida Statutes,
as amended from time to time. The provisions of this Paragraph 30 shall survive
the execution, delivery and performance of this Agreement.
31. PERSONAL PROPERTY.
CITY and Dubin & Associates, Inc. assume no responsibility whatsoever for any
property placed on the Site by PNC, its agents, employees, representatives, independent
contractors or invitees. CITY and Dubin & Associates, Inc. is hereby expressly released and
discharged from any and all liabilities for any loss, injury or damage to such property that may be
sustained by reason of the use and occupancy of the Site under this Agreement, unless such
damage, loss or liability is caused by CITY's (including employees and agents) or Dubin &
Associates, Inc. negligent, reckless or intentional act(s). If any claim or cause of action is
brought against the CITY or Dubin & Associates, Inc. relating to personal property as
contemplated by this paragraph, and where such claim or cause of action is not founded on the
negligent, reckless or intentional action of the CITY (including employees and agents) or Dubin
& Associates, Inc., then PNC shall defend any such action in the name of CITY or Dubin &
Associates, Inc. provided, however, that CITY or Dubin & Associates, Inc. reserves the right to
select its own legal counsel to conduct any defense in any such proceeding which selection shall
be reasonable under the circumstances. All costs and fees associated therewith shall be the
responsibility of PNC under this agreement.
32. INDEPENDENT CONTRACTOR STATUS.
PNC and its employees, volunteers and agents shall be and remain independent
contractors and not agents or employees of CITY with respect to all of the acts and services
performed by and under the terms of this Agreement or for any other reason whatsoever. This
16
Agreement shall not in any way be construed to create a partnership, association or any other
kind of joint undertaking or venture between the parties hereto.
33. WARRANTY.
Except as otherwise provided for herein, the CITY and PNC represent that they have, to
the best of their knowledge and belief, all rights and authority necessary to fulfill the obligations
hereunder without breaching the terms of any other agreement to which either PNC or CITY is a
party.
34. ASSIGNMENT.
This Agreement shall bind and inure to the benefit of PNC and the successors and assigns
of PNC. The rights granted PNC hereunder shall be exclusive to it and shall not, without the
prior written consent of CITY, be transferred or assigned to any other.
35. RESERVATION OF RIGHTS.
All rights not herein specifically granted to PNC with respect to the Open shall be and
remain the property of CITY.
36. ENTIRE AGREEMENT.
This Agreement constitutes the entire Agreement between CITY and PNC in respect to
the subject matter of this Agreement and supersedes all prior agreements.
37. EXECUTION AND DELIVERY REQUIRED.
This instrument shall not be considered to be an agreement or contract, nor shall it create
any obligation, whatsoever, on the part of PNC or CITY, or either of them, unless and until it
has been signed by representatives of PNC and CITY and delivery has been made of a fully-
signed original.
17
38. THIRD PARTIES.
Nothing in this Agreement, whether express or implied, is intended to confer any fights or
remedies under or by reason of this Agreement upon any person other than the parties hereto and
their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in
this Agreement intended to relieve or discharge the obligation or liability of any third persons to
any party to this Agreement, nor shall any provision thereof give any third person any right of
subrogation or action over or against any party to this Agreement.
39. VENUE.
Any action brought to enfome the provisions of this Agreement shall be brought in a
court of competent jurisdiction in Palm Beach County, Florida.
40. TICKETMASTER.
(a) CITY or its designee shall provide the services of its facility and box office
through Ticketmaster only for those tickets elected by PNC to utilize such services in connection
with the Open. The CITY and Ticketmaster must concur in the election. These services will be
provided in a timely, professional and diligent manner and in accordance with PNC's reasonable
ticket specifications. PNC agrees that it will provide facility and box office services for those
tickets for which PNC does not elect to utilize the services through Ticketmaster.
(b) In full payment for the ticket services, PNC agrees to CITY imposing a two and
one half percent (2.5%) charge against ticket proceeds where such proceeds are generated
through credit card sales; five cents ($.05) per ticket for ticket stock; a customer convenience
charge as outlined in Exhibit "C"; a handling charge in the amount of $2.50 per order from each
consumer; and $1.50 per ticket for a facility fee. CITY acknowledges that no other amounts
will be charged to PNC (other than payment of state sales tax) for ticketing for the Open.
(c) CITY shall pay ninety percent (90%) of all amounts due to PNC seven days
subsequent to the completion of the event. CITY shall pay the balance of the
remaining ten- pement (10%) to PNC within 60 days after the completion of the
event, less amounts for which refunds have been issued. If PNC fails to hold the
event as scheduled, PNC shall be responsible to Ticketmaster-Florida, Inc. for all
18
refunds incurred as a result of the cancellation or rescheduling, up to the face
amount of the ticket price per ticket purchased and refunded plus any additional
credit card fees that may be imposed.
41.
OTHER CONTRACTS. PNC is aware of and acknowledges that the CITY has entered
into agreements with Palm Beach County, Ticketmaster-Florida, Inc., Match Point, Inc.,
and Chris Evert Charities, Inc. regarding the Municipal Tennis Center. PNC agrees that
no provision of this Agreement shall conflict with any provision of the agreements
provided above and in the event that a conflict arises or exists, PNC agrees to waive any
provision of this Agreement so as to resolve the conflict.
42. APPROVALS. All approvals to be given by a party under this Agreement shall not be
unreasonably withheld or delayed.
IN WITNESS WHEREOF, the parties have caused this agreement and one counterpart,
both of which shall constitute originals, to be executed by its proper officers hereto duly
authorized on the year and date first above written.
ATTEST:
CITY OF DELRAY BEACH, FLORIDA
By: By:.
City Clerk
Appr/o~d~ to Form:
By:k--- ~y~7~ ~~.~
(print or t~ n~)
David Schmidt, Mayor
PNC Investments Ltd
By:r'-) __
Name Printed:
Title:
SEAL
19
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this /04/- day of
.~oC/~%, 2000 by /~eDO"S 0f~/eq , ~/de~ of
C ~Dv~¢~cJL~. .,at ~/om~' co~oration, on
behalf of the co~oration. He/~ is personally ~o~ to me/~ ~ed
Si~amre'~Not~ Pub~
I~ ~" 'qr C¢75460S
I OFF~u JULY 22~2002 I
20
Initials
EXHIBIT A
INSURANCE REQUIREMENTS OF THE CITY OF DELRAY BEACH
FOR
AGREEMENT WITH PNC INVESTMENTS LTD.
PNC shall not commence operations under the terms of this Agreement until certification
or proof of insurance, detailing terms and provisions of coverage, has been received and
approved by the City of Delray Beach Risk Manager. If you have any questions call
(561) 243-7150.
The following insurance coverage shall be required.
Worker's Compensation Insurance covering all employees and providing benefits
as required by Florida Statute 440 and including Employers Liability coverage,
regardless of the size of your firm. PNC further agrees to be responsible for
employment, control and conduct of its employees and for any injury sustained by
such employees in the course and scope of their employment.
Comprehensive commercial general liability insurance to include coverage for
premises and operations, independent contractors, broad form contractual
liability, personal injury, and if items are sold, products and/or liquor liability, in
connection with the contractual relationship and activities being done under this
agreement. The policy will be endorsed to include the City of Delray Beach and
it's designees named as additional insureds.
The insurance will be written on an occurrence basis with the limits of liability
not less than $2,000,000.00 combined single limit per occurrence, and as an
annual aggregate, covering bodily injury, property damage and personal injury.
Motor Vehicle Liability Insurance covering all vehicles associated with PNC'S
operations to include all owned, non-owned and hired vehicles.
The coverage will be written on an occurrence basis with limits of liability not
less than $1,000,000.00 combined single limit per each occurrence.
The certification or proof of insurance must contain a provision for notification to
the City thirty (30) days in advance of any material change in coverage, non-
renewal or cancellation.
PNC shall furnish to the City, Certificate(s) of Insurance evidencing insurance required
by the provisions set forth above, thirty (30) days prior to the holding of the event. If so
requested by the City, certified copies of insurance policies will be provided by the PNC.
If any of the above coverages expire during the term of this agreement, PNC will provide
a renewal certificate at least ten (I 0) days prior to expiration.
Mail to: City of Delray Beach, Atm. Risk Manager, 100 N.W. 1st Avenue, Delray Beach, Florida 33444.
EXHIBIT B
AA~ENDED AND RESTATED AGREEMENT BETV~EEN COCA-COLA
ENTERPRISES, liNC., D/B/A FLOR/DA COCA-COLA BOTTLING COSTPANY
AND THE CITY OF DELRAY BEACH, FLORIDA
TI-lIS AMENDED and RESTATED AGREEMENT between COCA-COLA
ENI'~:RPRISES, INC., d/b/a FLORIDA COCA-COLA BOTTLING COlVEPANY (Coca-
Cola) and the CITY OF DELRAY BEACH, FLORIDA (City) is made this /.,;_'~day of
~Y, 2000.
WITNESSETH:
WI-IEREAS, Coca-Cola and the City entered into an Agreement on May 2, 1997,
known as Bid # 9%17 - Soft Drink Vending Service Contact (Coca-Cola Contract); and
W'I'EEREAS, 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 pouting 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
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.
5. Coca-Cola shall provide the brand names as shown on Exhibit "B" as well as
bottled water. The vending machines shall be filled by a full service driver employed by
Coca-Cola.
6. Coca-Cola shall reimburse the City the following amounts from the sales it
incurs from the vending machines listed on Exl~bit "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 % of net sales
isotonics, 11.5 oz. cans - 12% of net sales
7. Coca-Cola shall provide on an annual basis throughout the 3 year term, the
following items:
a).
Promotional items to the
Parks and Recreation Dept.
Value
T-shirts/Youth Uniforms
Program Printing
Scoreboards
Snacks (afterschool program)
$2,000
$ 500
$6,000
$1,500
b). Coca-Cola shall provide the City, annually, cash sponsorship of $6,000 to be
used at the discretion of the City.
c).
the City.
Coca-Cola shall provide, annually, radio advertising in the amount of $5000 to
d). Coca-Cola shall provide the City, in reasonable quantities as requested by the
City, at no charge, the following items for special events:
2
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 fight to provide carbonated soft drinks, isotonic beverages, and bottled water for
the Tennis Center event.
Tournament owned by Match Point, Inc., (presently known as
Championships and referred to hereinafter as "Citrix Tournament").
If Coca-Cola provides exclusive beverage pouring fights during the ATP
the Citrix Tennis
Coca-Cola shall also
provide the following at no cost:
a). 1T~:MS VALUE
b).
retail partner,
$2,625
$ 510
$1,500
$2,000
$i,000
$24,150
Donated Product (225 cs)
Donated Pre-Mix Tanks (30)
Barrel Coolers (15)
Visi-Coolers (10)
Custom Banners (5)
Media Tags (138)
In addition, Coca-Cola will create a custom in store promotion with a local
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
SS-Gallon Plastic Barrels
48-Quart Ice Chests
Vendor Ha~king Trays
Portable Pre-Mix Units
Menu Boards
On site truck to store product
d). Pricing for Coca-Cola's product shall be as follows for the Citrix Tournament:
PACKAGE
20oz CSD
12oz CSD
20 oz PowerAde
20 oz Dasani Water
20 oz Fruitopia
16 oz Minute Maid .tuices
PRICE
$16.25
$ 6.75
$15.00
$10.60
$16.25
$16.25
A rebate of $2.75 on 20oz CSD, and $1.50 on 12oz CSD will be paid to the City for
all net purchased cases. All products must be purchased directly from the West Palm Beach
Coca-Cola.
e). Coca-Cola shall also receive two (2) four seat boxes for all sessions of the
Cia-ix 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 Citric 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 fights 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 33~?.".
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 CiT.
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 conven~nts, 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
employees. Coca-Cola agrees to defend, indemnify and save harmless the City its of-ricers,
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 Cit~, its officers,
agents, or employees from all such claims, fees, and from any and all suits and actions of
every n~-ne 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 inf~gement of any and all patents or patent rights claimed by any person,
£~-m 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 india'ecfly 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-f'manced 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(les) or pc?son(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. Tkis Agreement shall be considered null and void unless signed by both Coca-
Cola and the City.
19. The contract documents constitute the entire agreement between the City and
Coca-Cola and may only be altered, amended or repealed by a duly executed written
insu'ument.
IN WITNESS WFIEREOF, the parties hereto have executed this Agreement, on the
day and year first above written.
ATTEST:
City Clerk ('~
CITY OF DELRAY BEACH, FLORIDA
David Schmidt, Mayor
7
Approved as to legal sufficiency
and form:
By: ~~
~.~-,~. City Attorney
WITNESSES:
('Print 'or ¥3pe Name)
~PHm or Type Name) a
COCA-COLA ENTERPRISES, INC.
~rim or Type Name)
(SEAL)
STAT~- OF ~'~ ~ O~
COU T OV
m ~ forego~g ~ment .w~s ac~owledged before me ~s of
~, 2~, by ~~f~ , ~ ~~
(~e of o~cer or agent, rifle of o~c~ or agent), of ~~ [~~
(~e of co~orafion ac~owledg~g), a~ (state or place of ~co~orafion)
co~oration, on be~lf of ~e co~orafion. He/She is persomlly ~own to ~e or has produced
(~e of idenfificafion~denfifmafiom m -
8
. . , .EXHIBIT.~ ............
Number of vending machines
locations as'lis=ed below:
LOCATION
A=lan=i= Dunes Park
Sou=h AiA& Lin=on Blvd.
Cloy Hall
100 N.W. Firs= Avenue
1so floor
2nd fl¢or
3. Ci=y Garage - Publin Works Division
434 S. Swin=on Avenue
£nvironmen=al Services Complex
434 S. Swin=on Avenue
(breakroom}
Know,es Park
SE 6nh Avenue and In=erooas=al
Pol£¢e Depar=men=
300 Wes= A=lan=ic Avenue
Parks Hain=enanne
320 S.W. 4nh Stree:
Fire S=a=icn Cen=ral
501 Wes= A=lan=i¢ Avenue
ls= and 2nd Floor
9. Fire S~atton J3
651 Ltncon Blvd.
Fire Station J2
35 A~dreiws Avenue
11. Fire S=a=ion J4
4321 Lak.f Ida Road
12. Fire Station J5
4000 Old Ge~an=own Road
13. Pompey Park
101 N.W. 2nd Street
provided
NUHB£R OF
HACRINES
1
2
1
1
2
1
2
1
1
1
1
1
=wen=y-one (21)
.... , EXH.IBI~__ A, cont ..................
LOCATION
14. Cnmmunii7 Center
50 N.W. First Avenue
15. Tennis Crater
201 W. Atlantic Avenue
Adult Center
gO I N.E. Fb~t Street
17. Water Treat~nent Plant
600 S.W, 2nd Avenue
1 g. Gle~on Park
East Atlantic & AIA
19. Cit~ Marina
159 Maline Way
20. Anchor Park
South City ~teach ~ AIA
21. Miller Park
L~mon & S.W. 4th Avenue
NUMBER OF
MACHINES
I
3
I
1
I
I
I
1
EXHIBIT B
PER TICKET CUSTOMER CONVENIENCE CHA~RGI~,$
Ticket Face Value
Outlets Telephone
$0.00 - $12.00 $2.25 $2.75
$ ! 2.01 - $20.00 $2.75 $3.25
$20.01 - $30.00 $3.50 $4.00
$30.01 - $40.00 $3.75 $4.50
$40.01 and above $4.25 $5.25
Ticketrnazter shall be entitled to increase ~he Customer Convenience Charge in respect of Tickets
sold through Outlets and by Telephone Sales by $0.25 per armum for Attractions with a Ticket
face price ors 12.00 or more.
TO:
FROM:
SUBJECT:
DATE:
MEMORANDUM
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGE ~" '
NDA ITEM # ~'~. REGULAR MEETING OF AUGUST 15, 2000
APPOINTMENTS TO THE PLANNING AND ZONING BOARD
AUGUST 11, 2000
The terms for Daniel H. Carter, Gary P. Ehopoulos, Lloyd Hasner and Dwayne E. Randolph will expire
on August 31, 2000. Mr. Carter and Mr. Hasner have both served one (1) full term. Mr. Randolph was
appointed in April 2000 to co~nplete an unexpired term. Mr. Carter, Mr. Hasner and Mx. Randolph are
ehgible for reappointment and would hke to be considered. Mr. Eliopoulos has served two (2) full
consecutive temps and is not eligible for reappointment. Attendance records are attached. The term is for
two years ending August 31, 2002.
In order to qualify for appointment, a person shall either be a resident of, or own property in the City,
and/or own a business within the City.
The following have submitted applications and would hke to be considered for appointment:
John C. W. Bennett
Daniel H. Carter
Salvatore G. Coco
Daniel T. Davis
Lloyd H. Hasher
Shirley Israel
Cecil (Sandy) Jamison
James c. Keavney
Mark L. Krall
David F. O'Connor
Kenneth G. Peltzie ~/£e. gS~
Dwayne E. Randolph
Benjamin F. Kicker III
Dale L. Robertson
Thuy T. Shutt
Jeffrey Silberstein
Josh Smith, Jr.
Jess M. Sowards
Timm R. Sxveeney
Chfford E. Torres, Jr.
Kevin P. Warner
(incumbent)
(incumbent)
(incumbent)
(currently on SP1LAB - term expires 8/31/00 not ehgible for
reappointment)
(currently on CEB as alternate)
(currently on BOA ~ term expires 8/31/2001)
Pursuant to Commission direction, a check for code violations and municipal kens '.vas conducted. None
were found.
Based on the rotation system, the appointments will be made by Commissioner McCarthy (Seat #4),
Mayor Schmidt (Seat #5), Commissioner Perlman (Seat #1) and Commissioner Archer (Seat #2).
Recommend appointment of four (4) members to the Planning and Zoning Board for a t~vo year term
ending August 31, 2002.
[ITY JIF DELRliY BEli[H
DELRAY BEACH
AII4,merica City
August 10, 2000
100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 · 561/243-7000
David Schmidt, Mayor
Alison Harty, City Clerk
City of Delray Beach
Dear Mayor and City Clerk:
Unfortunately my schedule will require me to be out of town during the City Commission
meeting scheduled for August 15, 2000. So that the appointment to the Planning &
Zoning Board will not be held up due to my absence, I am forwarding this letter with my
recommendation and nomination for that appointment.
I recommend the reappointment of Mr. Dwayne Randolph, who was originally appointed
to fill an unexpired term in April 4, 2000. With this appointment, he will be serving a
full two-year term, and has expressed his desire to continue to serve. I am sure he will do
so admirably.
My purpose in forwarding this nomination in writing during my absence is to avoid a
lapse in membership by delaying my recommendation to the Commission. Would you
please read this letter into the Commission record, and if the commissioners approve,
accept my nomination and proceed accordingly.
Sincerely,
Alberta McCarthy
Commissioner
mc/dr
U:rangel/mccarthy
Randolph ltr reappointment
THE EFFORT ALWAYS MATTERS
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM /0'/~ - REGULAR MI~.TING OF AUGUST 15. 2000
ORDINANCE NO. 15-00 (ANNEXATION, SMAI.L SCALE FUTURE LAND
USE MAP AMENDMENT & INITIAL ZONING/DIMLO PROPERTIES)
AUGUST 9, 2000
This is second reading and a quasi-judicial (as to zoning) public hearing for Ordinance No. 15-00
that annexes to the City a parcel of land located on the north side of West Atlantic Avenue between
the Villas D'Este and Windy Creek subdivisions. It also provides for a small scale Future Land Use
Map (FLUM) amendment from County HR-8 (High Density Residential - 8 dxvelling units/acre) to
City TRN (Transitional), and establishes initial zoning on the property of POD (Professional Office
District).
The proposed use of the property is that of a professional office development. Additional,
background and analysis are found in the attached staff report.
The Planning and Zoning Board considered the application at a public hearing on July 17, 2000.
Three members of the public expressed concerns about the existing billboard, buffering, height and
design of the future professional office development. After discussion, the Board voted 4 to 0 to
recommend that the requests be approved based upon positive findings with respect to Chapter 3
(Performance Standards) and Section 2.4.5(12))(5) of the Land Development Regulations and policies
of the Comprehensive Plan. At first reading on July 25'h, the City Commission passed the orclmance
by unanimous vote.
Recommend approval of Ordinance No. 15-00 on second and final reading, based upon the findings
and recommendation of the Planning and Zoning Board.
RefiAgmemo21 .Ord. 15-00.Annex. SmScaleFLUM.Initial Zoning. DIMLO
ORDINANCE NO. 15-00
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELILAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELIL&Y
BEACH, A PARCEL OF LAND LOCATED ON THE NORTH SIDE OF
WEST ATLANTIC AVENUE APPROXIMATELY 1,600 FEET EAST OF
BARWICK ROAD, LYING BETWEEN THE VIIJ.AS D'ESTE AND
WINDY CREEK SUBDiVISIONS, AS MORE PARTICULARLY
DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES
OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN
OFFICLAL LAND USE DESIGNATION OF TRN (TRANSITIONAL)
FOR SAID LAND TO THE FUTURE LAND USE MAP AS
CONTAINED IN THE COMPREHENSIVE PLAN; ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS
FOR SMAI,I, SCALE LAND USE PLAN AMENDMENTS; PROVIDING
FOR THE ZONING THEREOF TO POD (PROFESSIONAL OFFICE
DISTRICT); PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
simple owner
approximately
WHEREAS, Dimlo Properties, LLC, a Florida Limited Liability Company, is the fee
of a 1.30 acre parcel of land located on the north side of West Atlantic Avenue,
1,600 feet east of Barwick Road; and
WHEREAS, Michael S. Weiner, Esquire, as duly authorized agent for the fee simple
owner hereinabove named, has requested by voluntary petition to have the subject property annexed
into the municipal limits of the City of Delray Beach; and
WHEREAS, the subject property hereinafter described is contiguous m the
corporate limits of the City of Delray Beach, Florida; and
WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands
in accordance with Section 171.044 of the Florida Statutes; and
WHEREAS, the subject property hereinafter described is presendy under the
jurisdiction of Palm Beach County, Florida, having a County Furore Land Use Map designation of
HR-8 (High Density Residential 8 dwelling units/acre); and
WHEREAS, the Advisory Future Land Use Map (FLUM) designation for the
subject property.in the City of Delray Beach Florida, is TRN (Transitional); and
WHEREAS, the City's FLUM designations as initially contained on the City's Future
Land Use Map adopted in November, 1989, and as subsequently amended, are deemed to be
advisory only until an official Land Use Amendment is processed; and
WHEREAS, the designation of a zoning classification is part of this proceeding, and
the provisions of Land Development Regulations Chapter Two have been fo/lowed in establishing
the proposed zoning designation; and
WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held
a public hearing and considered the subject matter at its meeting of July 17, 2000, and voted 4 to 0
to recommend that the requests be approved with an initial zoning of POD (Professional Office
District), based upon positive findings.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Dekay Beach, Palm Beach
County, Florida, hereby annexes to said City the following described land located in Palm Beach
County, Florida, which lies contiguous to said City to-wit:
The West 198 feet of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4) of the
Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/0, Section 13, Township 46 South, Range
42 East, less that portion conveyed to the State of Florida for road right-of-way in deed filed and
recorded September 25, 1967, in Official Record Book 1590 at Page 188 of the Public Records of
Palm Beach County, Florida.
The subject property is located on the north side of West Atlantic Avenue approximately 1,600 feet
east of Banvick Road, benveen the Villas D'Este and Windy Creek subdivisions; contaLrfing 1.30
acres, more or less.
Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to
include therein the above-described tract of land and said land is hereby declared to be within the
corporate limits of the City of Delxay Beach, Florida.
Section 3. That the land hereinabove described shall immediately become subject to
all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to
which lands in the City of Delray Beach are now or may be subjected, including the Storrmvater
Management Assessment levied by the City pursuant to its ordinances and as required by Florida
Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delxay
Beach, Florida.
2 Ord. No. t 5-00
Section 4. That this annexation of the subject property, including adjacent roads,
alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance
responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City
pursuant to current requirements and conditions.
Section 5. That the Future Land Use Map desXgnation of the subject property is
hereby officially affixed as TRN (Transitional).
Section 6. That the City of Dekay Beach elects to make this small scale amendment
by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 7. That Chapter Two of the Land Development Regulations has been
fol/owed in the establishment of a zonmg classification in this ordmance and the tract of land
hereinabove described is hereby declared to be in Zoning District POD (Professional Office
District) as defined by ex.isling ordmances of the City of Dekay Beach.
Section 8. That all ordmances or parts of ordinances in conflict herewith be, and
the same are hereby repealed.
Section 9. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 10. That this ordinance shall become effective as follows: As to
annexation, immediately upon passage on second and final readmg; as to land use and zoning, thirty-
one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3),
F.S. If challenged, the effective date of this amendment shall be the date a final order is issued by
the Department of Community Affairs, or the Administration Cormmssion, finding the amendment
in compliance with Section 163.3184, F.S. No development orders, development permits, or land
uses dependent on this amendment may be issued or commence before it has become effective. If a
final order of noncompliance is issued by the Administration Commission, this amendment may
nevertheless be made effective by adoption of a resolution affirming its effective stares, a copy of
which resolution shall be sent to the Department of Commumty Affairs, Bureau of Local Planning,
2740 Centerview Drive, Tallahassee, Florida 32399-2100.
3 Ord. No. 15-00
PASSED AND ADOPTED in regular session on second and final reading on this
the 15th daybf August ,2000.
MAYOR
ATTEST:
City ~lerk ~ - -;
First Reading July 25, 2000
Second Reading August 15, 2000
4 Ord. No. 15-00
CF
RM
POC
PRD
OS
OSR --
- ANNEXATION -
EXISTING ZONING
INITIAL ZONING: POD (PROFESSIONAL OFFICE DISTRICT)
FUTURE LAND USE MAP AMENDMENT FROM: COUN-r-y HR.8 TO: CI'i"Y TRN (TRANSITIONAL)
MAURICE
DRIVE
CF
CARVER
MIDDLE
SCHOOL
WEST
MD
sHERwOOD
FORES1
OS
N
POINT CT. WEST
MD
HIGH PT, TERR.
MMoNS
STATE
FARM
CLUB
ATLANTIC
HAMLET
PLAZA
AVENUE
- ANNEXATION -
EXISTING FUTURE LAND USE
INITL~,L ZONING: POD (PROFESSIONAL OFFICE DISTRICT)
FLYrURE LAND USE MAP AMENDMENT FROM: COUNTY HR-8 TO: CITY TRN {TRANSITIONAL)
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
July 17, 2000
IV.A.
Future Land Use Map Amendment from County HR-8 (Residential High - 8 du/ac.)
' to City TRN (Transitional) and Associated Annexation with Initial Zoning of POD
(Professional Office District), for a Parcel of Land Located on the North Side of
West Atlantic Avenue, Between the Villas D'Este and Windy Creek Subdivisions).
MIDDLE
SCHOOL
GENERAL DATA:
Owner ...................................................... Genoveva & Johannes Jettinghoff
Agent ....................................................... Lloyd Hasher
Applicant .................................................. DIMLO Properties, Inc.
Location ................................................... North side of West Atlantic Avenue, between the Villas D'Este and
Windy Creek Subdivisions
Property Size ........................................... 1.30 Acres
Existing FLUM Designation ...................... County HR-8 (High Residential-8 du/ac)
Proposed FLUM Designation ...................City TRN (Transitional)
Existing Zoning ......................................... County AR (Agricultural Residential)
Proposed Initial Zoning ............................ City POD (Professional Office District)
Adjacent Zoning ............................... North: PRD (Planned Residential)
East: PRD
South: R-1-A (Single Family Residential) & OSR (Open Space & Recreation)
West: RM-8 (Multiple Family Residential-8 du/ac)
Existing Land Use .................................... Vacant
Proposed Land Use .................................. Future Land Use Map Amendment and Associated Annexation with Initiar
Zoning Designation.
Water Service .......................................... n/a.
Sewer Service .......................................... n/a.
IV.A.
ITEM BEFORE THE BOARD
The item before the Board is that of making a recommendation on a
Voluntary Annexation (pursuant to Florida Statute 171.044), and a Small-
Scale Future Land Use Map amendment from County HR-8 (High Density
Residential - 8 units per acre) to City TRN (Transitional) with initial zoning
of POD (Professional Office District).
LDR Sections 2.4.5 (A), (C) and (D) provide rules and procedures for the
processing of this petition.
The subject property is located on the north side of Atlantic Avenue,
approximately 1,600 feet east of Barwick Road.
BACKGROUND
The subject property is currently located in unincorporated Palm Beach County and has
an AR (Agricultural Residential) zoning designation. The property is also located within
the City's Planning Area (Future Annexation Area) and is seeking voluntary annexation
at this time. The property is vacant with the exception of a billboard located at the
southeast corner of the parcel and no land use history is available on this property.
On July 19, 1994, the City Commission approved a small scale amendment to the
Future Land Use Map for the subject property (Ordinance # 57-94). The amendment
was to bring the City's advisory land use designation into consistency with Palm Beach
County's proposed land use designation. The County's land use designation went from
CH-5 (Commercial High Intensity 5 units per acre) to HR (High Density Residential 8
dwelling units per acre) with their plan Amendment 94-2. The City's land use map
designation went from Low Density Residential (0-5 units per acre) to TRN
(Transitional).
Requests for Annexation, Future Land Use Map amendment and Initial Zoning have
been submitted to accommodate the POD (Professional Office District) zoning
designation for the subject property, and are now before the Board for action.
PROJECT DESCRIPTION
The subject property is a 1.30 acre vacant parcel having a County Future Land Use
Map designation of HR-8 (High Density Residential - 8 units per acre) and County
zoning of AR (Agricultural Residential). The proposal is to annex the property into the
City, change the Future Land Use Map designation to City TRN (Transitional), and
apply an initial zoning designation of POD (Professional Office District). The proposed
use of the property is that of an office development.
FUTURE LAND USE MAP AMENDMENT ANALYSIS
Current Land Use Desi,qnations: The current County land use map designation for the
property is County HR-8 (High Density Residential - 8 du/ac). The current City
"advisory" designation for this property is TRN (Transitional).
Planning and Zoning Board St~ ',eport
Delray Professional Office Cents,- Annexation with Initial Zoning of POD and Small-Scale Future Land
Use Map Amendment
Page 2
Requested Land Use Desi,qnation: The requested Future Land Use Map change is to
City TRN (Transitional).
Florida Statutes 163.3187. Small Scale Land Use Map Amendments:
This Future Land Use Map Amendment is being processed as a Small-Scale
Development pursuant to Florida Statutes 163.3187. This statute states that any local
government comprehensive land use amendments directly related to proposed small
scale development activities may be approved without regard to statutory limits on the
frequency of consideration of amendments (twice a year), subject to the following
conditions:
The amendment does not exceed 10 acres of land;
The cumulative effect of the amendments processed under this section shall not
exceed 120 acres within designated redevelopment and traffic concurrency
exception areas, or 60 acres annually in areas lying outside the designated
areas; and,
The proposed amendment does not involve the same property, or the same
owner's property within 200 feet of property, granted a change within a period of
12 months.
That if the proposed amendment involves a residential land use, the residential
land use has a density of 10 units or less per acre.
The proposed amendment does not involve a text change to the goals, policies,
and objectives of the local government's comprehensive plan, but only proposes
a land use change to the future land use map for a site-specific small scale
development activity.
The property that is the subject of a proposed amendment is not located within
an area of critical state concern.
The Future Land Use Map amendment involves a 1.30 acre area, thus the total area is
less than the 10 acre maximum. The proposed amendment to TRN (Transitional) is
being processed concurrently with a request for annexation and initial zoning of POD
(Professional Office District) to accommodate a professional office development, which
is allowed as a permitted use in the POD zoning district. The TRN land use designation
allows consistent zoning districts, which include office, neighborhood commercial, single
family residential, and Iow and medium density residential. The property is not located
within a designated redevelopment or traffic concurrency exception area. This
amendment along with other small-scale amendments processed this year, outside the
designated areas, will not exceed 60 acres. This property has not previously been
considered for a land use amendment nor has the same property owner's properties
been granted a land use change within 200 feet, within the last year. The amendment
does not involve a text change to the Comprehensive Plan and it is not located within an
area of critical concern.
Planning and Zoning Board St~ report )
Delray Professional Office Center- Annexation with Initial Zoning of POD and Small-Scale Future Land
Use Map Amendment
Page 3
Land Use Analysis:
Pursuant to Land Development Regulations Section 3.1.1(A) (Future Land Use Map), all
land uses and resulting structures must be allowed in the zoning district within which the
land is situated and, said zoning must be consistent with the land use designation as
shown on the Future Land Use Map.
The accompanying annexation and initial zoning application is seeking a POD
(Professional Office District) zoning district. The proposed use (professional office
development) is allowed as a permitted use within the POD zoning district. The
Transitional land use designation is consistent with the proposed POD zoning
designation.
Consistency between the City and County Land Use Desi,qnations:
The proposed City Future Land Use Map designation for the property is TRN
(Transitional). The existing County Future Land Use Map designation for the property is
HR-8 (High Density Residential - 8 units per acre). The City's TRN land use designation
is consistent with the County's HR-8 designation in that Multiple Family Residential
zoning is allowed. However, the current "advisory" Transitional designation allows
multiple family development as well as office and limited commercial development. The
City's FLUM designations as initially contained on the City's Future Land Use Map
adopted in November, 1989, (and as formally amended subsequently) are deemed to
be advisory until an official Future Land Use Map Amendment is processed.
Adiacent Land Use Map Desi.qnations, Zonin,q Desi.qnations & Land Uses:
North and East: The subject property is bordered on the north and east by an existing
single family development (Hanover SquareANindy Creek) which is designated as LD
(Low Density Residential) on the Future Land Use Map and has a zoning designation of
PRD (Planned Residential Development).
South: To the south of the subject property and across Atlantic Avenue is The Hamlet,
an existing single family residential development and country club. The Future Land
Use Map designations for The Hamlet include LD (Low Density Residential), OS (Open
Space) and MD (Medium Density Residential). There are several different zoning
designations within The Hamlet, they include OS (Open Space), R-1-A (Single Family
Residential), RM (Multiple Family Residential-Medium Density 6-12 du/ac) and RL
(Multiple Family Residential-Low Density 3-6 du/ac).
West: To the west of the subject property exists an apartment complex known as Villas
D'Este, which is zoned RM and RM-6 and has a Future Land Use Map designation of
MD.
Allowable Land Uses:
Under the proposed Transitional designation, residential zoning districts which
accommodate single family and multiple family units (R-1-A thru R-l-AAA, RL, PRD,
and RM) are allowed, as well as Iow intensity commercial zoning districts such as
Planning and Zoning Board St: ;~eport
Delray Professional Office Cent~r- Annexation with Initial Zoning of POD ano Small-Scale Future Land
Use Map Amendment
Page 4
Neighborhood Commemial, Planned Office Center, Professional Office District, and
Residential Office. Also allowed are the Community Facilities, Open Space and Open
Space and Recreation zoning districts. The Transitional designation is applied to land,
which is developed, or is to be developed, for either residential or nonresidential uses.
In some instances this designation provides for a transition between less intensive
residential use and commercial uses. In other instances, this designation allows the
establishment of uses, which are compatible with adjacent residential use. Also, the
TRN designation provides for uses which are not as intensive as general commercial
uses in areas where residential use is not desirable and/or appropriate. Therefore, the
POD zoning designation is consistent with the proposed land use designation (TRN).
REQUIRED FINDINGS:
Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map
must be based upon the following findings:
Demonstrated Need - That there is a need for the requested land use. The
need must be based upon circumstances such as shifts in demographic
trends, changes in the availability of land, changes in the existing character
and FLUM designations of the surrounding area, fulfillment of a
comprehensive plan objective or policy, or similar circumstances. The need
must be supported by data and analysis. This policy shall not apply tor
requests for the FLUM designations of Conservation or Recreation and Open
Space.
The proposal involves annexation of property, which requires changing the FLUM
designation from County to City. The current County FLUM designation is HR-8 and
the current "advisory" designation is Transitional, which allows limited retail, office
and residential (single and multiple family) uses. The subject property is a small
parcel of land situated on an arterial roadway (Atlantic Avenue) and is surrounded by
residential uses. Residential use on this property is possible however is not
recommended due to its small size and location. Additionally, the property is not
well suited for strip commercial use given its proximity to residential use. Therefore,
the proposed FLUM and zoning designations are consistent with the goals,
objectives and policies of the Comprehensive Plan.
[3 Consistency - The requested designation is consistent with the goals,
objectives, and policies of the most recently adopted Comprehensive Plan.
As stated above, the proposal is consistent with the goals, objectives and policies of the
City's Comprehensive Plan. The following are the other applicable goals, objectives
and policies.
Future Land Use Element Ob/ective A-I: Property shall be developed or
redeveloped in a manner so that the future use and intensity is appropriate in
terms of soil, topographic, and other applicable physical considerations, is
complementary to adjacent uses, and fulfills remaining land use needs.
Planning and Zoning Board St ][eport .'
Delray Professional Office Center- Annexation with Initial Zoning of POD and Small-Scale Future Land
Use Map Amendment
Page 5
The subject property does not have any unique environmental characteristics that would
prohibit development of the site or require mitigation measures. The property can be
developed in a manner that will be complementary to the adjacent residential area.
Under the TRN FLUM designation, development of this property can provide for Iow
intensity, infill commercial development. With review of a specific development
proposal this policy will be revisited,
[3 Concurrency - Development at the highest intensity possible under the
requested designation can meet the adopted concurrency standards.
As discussed later in this report, the property can be developed at the highest intensity
allowed under the TRN land use designation and meet adopted concurrency standards.
The proposal is to annex the property with an initial zoning designation of POD, to
accommodate a proposed office development, as a permitted use.
El Compatibility -- The requested designation will be compatible with the existing
and future land uses of the surrounding area.
As described in the Future Land Use Element of the Comprehensive Plan, the proposed
Transitional land use designation is applied to land which is usually developed, or to be
developed, for either residential or nonresidential uses. This designation provides for a
transition between commercial uses and less intensive residential uses, as well as'
allowing for the establishment of uses, which are compatible with adjacent residential
uses. It also provides for uses which are not as intensive as general commercial uses
in areas where residential use is not desirable and/or appropriate. Transitional is more
appropriate along Atlantic Avenue given the relatively small size of the lot. Compatibility
with the abutting residential properties is not a major concern, however, there are
sufficient regulations in place which will mitigate any potential adverse impacts. With
development of the site as a professional office development, trees must be installed
every 25' along the west property line, abutting Villas D'Este (a multi-family residential
development), and along the north and east property lines, abutting the single family
residences within the Windy Creek development. The City's regulations require any
development of the subject property to provide a landscape buffer along the south side
of the property adjacent to Atlantic Avenue. The landscape area shall be the smaller
distance of either thirty feet (30') or 10% of the average depth of the property.
Compliance -- Development under the requested designation will comply with the
provisions and requirement of the Land Development Regulations.
Compliance with the Land Development Regulations will be further addressed with
review of a site plan approval request. It is anticipated that there should be no problems
complying with the Land Development Regulations.
Planning and Zoning Board S Report
Delray Professional Office CenTer- Annexation with Initial Zoning of POD and Small-Scale Future Land
Use Map Amendment
Page 6
ANNEXATION ANALYSIS
Florida Statutes Governin.q Voluntary Annexations:
Pursuant to Florida Statute 171.044 "the owner or owners of real properties in an
unincorporated area of the County, which is contiguous to a municipality and reasonably
compact may .petition the governing body of said municipality that said property be
annexed to the municipality". Pursuant to F.S. 171.044 (5) "land shall not be annexed
through voluntary annexation when such annexation results in the creation of enclaves".
Pursuant to F.S. 171.031(13), an "enclave" is (1) any unincorporated improved or
developed area that is enclosed within and bounded on all sides by a single
municipality; or, (2) any unincorporated improved or developed area that is enclosed
within and bounded by a single municipality and a natural or manmade obstacle that
allows the passage of vehicular traffic to that unincorporated area only through the
municipality.
The property is contiguous with the City, is reasonably compact and is currently an
enclave, as it is bounded on all sides by the City.
Annexation of the property will eliminate an enclave.
Land Development Re,qulations Governing Annexations:
Pursuant to the Land Development Regulations Section 2.4.5 (C)(1) "the owner of land
may seek the annexation of contiguous property, under his/her ownership" pursuant to
Florida Statutes. The property owner has voluntarily petitioned for this annexation.
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN:
DesiRnated Annexation Area: The territory to be annexed is located within designated
annexation area "C" on the north side of Atlantic Avenue east of Barwick Road.
Annexation of the territory is consistent with Future Land Use Element Policy B-3.5,
which calls for annexation of eligible properties through voluntary annexations as the
opportunities arise.
CONCURRENCY:
Provision of Services: When annexation of property occurs, services are to be
provided in a manner which is consistent with services provided to other similar
properties already in the City (Future Land Use Element Policy B-3.1). The following is
a discussion of required services and the manner in which they will be provided.
Police: This property is currently serviced by the Palm Beach County Sheriff's Office,
located at 345 South Congress, which serves the South County area. The property lies
within Sheriff patrol zone 4. Zone 4 is bordered by El Clair Ranch Road on the west,
the Atlantic Ocean on the east, Boynton Beach on the north, and Atlantic Avenue to the
south. One officer is assigned to a particular zone during a shift (three shifts per day).
Planning and Zoning Board S; Report ~
Delray Professional Office Center- Annexation with Initial Zoning of POD and Small-Scale Future Land
Use Map Amendment
Page 7
Additional response can be mustered from "Cover Cars" which roam throughout zones
randomly, depending on their availability in South County during that time.
The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15
square mile area; and, as a consequence, significantly improved response time should
be realized. Annexation will not require additional manpower, as the police currently
pass the property while patrolling areas of the City to the east and west of the property.
Fire and Emergency Services: The annexation of this property will not require
additional manpower. The municipal area is served by Fire Station No. 4 (Barwick &
Lake Ida Roads).
With annexation, the property will receive an improvement in response time from the
current 7 minutes of the County Fire Department (Indian Springs/Military Trail and
Woolbright Road) to approximately 4.5 minutes for the City's Fire Department (Fire
Station No. 4 at Barwick and Lake Ida Roads).
Water: Municipal water service is available via connection to an existing 14" water
main located along the north side of Atlantic Avenue. Additionally, the water service will
need to be looped to the 8" water main on NW 1st Court within the Hanover
Square/Windy Creek subdivision in order to provide continuation of service to the
existing residences to the north. Along the new mains, fire hydrants must be installed
with a maximum spacing of 300 feet for the proposed professional office development.
Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water
Treatment Plant for the City at build-out.
Sewer: Sewer service is available adjacent to the site via a connection to the existing
main or existing lift station to the north of the property. With future development, the
installation of a lift station is not required as one already exists (Lift Station 86B) within
Villas D'Este, which is immediately northwest of the subject property. Pursuant to the
Comprehensive Plan, treatment capacity is available at the South Central County Waste
Water Treatment Plant for the City at build-out.
Streets: This property has direct access to Atlantic Avenue, which is under the
jurisdiction of FDOT (Florida Department of Transportation). The jurisdictional
responsibility and the associated maintenance responsibility will not change upon
annexation.
A traffic study was submitted based upon the development potential for an approximate
15,000 sq. ft. of professional office development, thus generating 487 average daily
trips.
Parks and Open Space: The annexation of the property to accommodate a
professional office development will not create an additional impact on park and
recreational facilities. The stated intended use of the property is for professional offices
that may include medical offices, which typically do not impact the park system.
Therefore such development would not have a significant impact with respect to level of
service standards for parks and recreation facilities.
Planning and Zoning Board Si. IReport
Delray Professional Office Center- Annexation with Initial Zoning of POD and Small-Scale Future Land
Use Map Amendment
Page 8
Solid Waste: As there is no change in actual land use at this time, there will be no
impact on solid waste disposal. The service provider will not change, as described later
in this report.
Financial Impacts:
Effect Upon Annexed Property:
For the 1999 tax year the subject property had an assessed value of $100,000. With
the change from County to City jurisdiction, the following taxes and rates will be
affected:
Ad Valorem Taxes
Milla,qe
With Annexation
Fire/Rescue MSTU 2.9129
Library .5246
City of Delray Beach 6.9100
City of Delray Beach Debt .7400
4.2125
Deleted (County)
Deleted (County)
Added (City)
Added (City)
Difference*
* Total tax millage in the County is 19.6117 mills while in the City the total millage rate
is 23.8242 mills.
The current yearly ad valorem taxes are $ 2,008.10. With annexation the yearly ad
valorem taxes will be $ 2,429.35; a tax difference of $ 421.25. In addition to property
taxes, the following Non Ad Valorem fiscal impositions apply:
Delray Beach Storm Water Utility - This assessment is based upon the percentage of
impervious area of the buildings, parking areas, etc. For non-residential units the
assessment fee is calculated using the following formula (# sq.ft, of impervious
area/2,502) X $54. A 25% discount from the assessment is available if drainage is
retained on site. Also a 25% discount from the assessment is available because the
subject property is located with the Lake Worth Drainage District. As the property is
currently vacant, this assessment is not immediately imposed. With future
development, the storm water utility tax will be assessed.
Solid Waste Authority - The Barwick Road annexation areas are serviced by BFI, and
the City's contract is currently through BFI (Browning-Ferris Industries). Therefore, the
waste service provider will remain with BFI upon annexation.
Occupational License Fees - Each tenant within the proposed professional office
complex will require an occupational license. This license will be in addition to the
current County license fee required for an office of approximately $30 per year. The
City license fee for the office is $125.
Planning and Zoning Board St, ~eport
Delray Professional Office Center- Annexation with Initial Zoning of POD and Small-Scale Future Land
Use Map Amendment
Page 9
Resulting Impacts to Property Owner:
SUMMARY OF IMPACTS ON THE
DELRAY PROFESSIONAL OFFICE CENTER PROPERTY
FINANCIAL CONSIDERATIONS:
AD VALOREM TAXES
(Change from 98/99 County of
19.6117 to City 98/99 rate 23.8242
mills.(4.2125)
NON AD VALOREM
Stormwater Assessment
Solid Waste Collection
+$ 421.25
$ .00
$ .oo
WATER & SEWER UTILITY FEES $ .00
OCCUPATIONAL LICENSE FEES $ .00
ANNUAL FINANCIAL IMPACT:
+$ 421.25
SERVICE CONSIDERATIONS:
FIRE RESPONSE
+ Faster response time from (estimated time)
7.0 minutes (Count~/to 4.5 minutes (City)
EMS
+ Faster response time from (estimated time)
7.0 minutes (County) to 4.5 minutes (City1
POLICE
+ Better response based upon more officers in
field.
CODE ENFORCEMENT
+ Pro-active vs. reactive opportunity to work
with property owners
Fiscal Impacts to the City: At the 1998199 City operating millage rate of 6.91 mills and
debt rate of 0.74 mills, the property will generate approximately $765.00 in new ad
valorem taxes per year. With future development, additional revenues will be realized
through increased assessment value, building permit fees, the annual collection of the
stormwater assessment fee as well as utility taxes (9.5% electric, 7% telephone, 8.7%
gas) and franchise fees on electric, telephone, gas, and cable.
Planning and Zoning Board S.. Report
Delray Professional Office Center- Annexation with Initial Zoning of POD and Small-Scale Future Land
Use Map Amendment
Page 10
ZONING ANALYSIS
The proposed City zoning designation is POD (Professional Office district) while the
current County zoning designation is AR (Agricultural Residential).
The property is surrounded by incorporated properties with the following City zoning
designations: PRD (Planned Residential Development) to the north and east; OS (Open
Space), R-1-A (Single Family Residential), RM (Multiple Family Residential-Medium
Density 6-12 du/ac) and RL (Multiple Family Residential-Low Density 3-6 du/ac) to the
south; RM (Multiple Family Residential-Medium Density 6-12 du/ac) and RM-6 (Multiple
Family Residential-Medium Density 6 du/ac) to the west.
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which is part
of the official record. This may be achieved through information on the
application, the Staff Report or Minutes. Findings shall be made by the body,
which has the authority to approve or deny the development application. These
findings relate to the following four areas:
FUTURE LAND USE MAP: The use or structures must be allowed in the zoning
district and the zoning district must be consistent with the land use designation.
The proposed POD zoning designation is consistent with the proposed Transitional
FLUM designation. The proposed professional office development is allowed as a
permitted use within the POD zoning district. Based upon the above, a positive finding
can be made with respect to consistency with the Future Land Use Map.
CONCURRENCY: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
The proposal involves the annexation of existing vacant land. There will be no changes
in the manner that water, sewer, drainage, streets/traffic and solid waste services will be
provided. Fire, EMS and Police will shift to a different provider; however, all of these
services will be equal to or better than existing, services (see annexation analysis for
details).
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
The subject property is currently vacant with a billboard situated at the southeast corner
of the property. When a sign is annexed which does not comply with the provisions of
Section 4.6.7 (Signs), the sign must be removed upon annexation. Staff will work with
the property owner in order to obtain compliance. Any future development will be
required to comply with all Land Development Regulations.
Planning and Zoning Board S, .,'Report
Delray Professional Office Center- Annexation with Initial Zoning of POD and Small-Scale Future Land
Use Map Amendment
Page 11
CONSISTENCY: Compliance with the performance standards set forth in Section
3.2.2 (Standards for Rezoning Actions), along with the required findings in
Section 2.4.5(D)(5) (Rezoning Findings), shall be the basis upon which a finding
of overall consistency is to be made. Other objectives and policies found in the
adopted Comprehensive Plan may be used in making a finding of overall
consistency.
Comprehensive Plan Policies:
Consistency with the Comprehensive Plan was previously discussed under the
Future Land Use Map Amendment analysis section of this report.
Section 3.2.2 (Standards for Rezoning Actions): Standard A, B and C are not
applicable with respect to this rezoning request. The applicable performance
standards of Section 3.2.2 are as follows:
D)
That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land uses both existing and
proposed; or that if an incompatibility may occur, that sufficient
regulations exist to properly mitigate adverse impacts from the new use.
The initial POD zoning designation will accommodate a professional office
development as a permitted use. Compatibility with the adjacent residential
development is not a major concern as any potential adverse impacts can be
properly mitigated through the applicable requirements of the Land Development
Regulations. The POD zoning district requires a minimum 25' front and 10' (side
interior) and rear building setback. Additionally, there is a 40% maximum lot
coverage requirement and a minimum 25% open space requirement. Further, if
the property is developed as a professional office development, trees must be
planted every 25' within the landscape strips abutting residential uses and a
landscape area along Atlantic Avenue is required which shall be the smaller
distance of either thirty feet (30') or 10% of the average depth of the property.
Compatibility of a specific development proposal with the adjacent developments
will relate to the ultimate intensity of the development and will be appropriately
addressed with the review of a site and development plan request.
Section 2.4.5(D)(5} (Rezonin¢; Findinas}:
Pursuant to Section 2.4.5(D)($), in addition to the provisions of Section 3.1.1, the
City Commission must make a finding that the rezoning fulfills one of the reasons
for which the rezoning change is being sought. These reasons include the
following:
That the zoning had previously been changed, or was originally
established, in error;
That there has been s change in circumstances which make the current
zoning inappropriate;
Planning and Zoning Board ~,_.~ Report
Deiray Professional Office Center- Annexation with Initial Zoning of POD and Small-Scale Future Land
Use Map Amendment
Page 12
That the requested zoning is of similar intensity as allowed under the
Future Land Use Map and that it is more appropriate for the property based
upon circumstances particular to the site and/or neighborhood.
The applicant is applying for annexation of this property into the City and the annexation
requires that an appropriate zoning designation also be applied. The POD designation
is being sought as it allows for a good transition between the existing residential uses
and the proposed office development.
Items "b" and "c" are the basis for which the rezoning should be granted. The property
is in the unincorporated area of Palm Beach County, however, it is within the City of
Delray Beach reserve annexation area. The requested zoning is of similar intensity as
that allowed under the proposed City TRN land use designation. Given the surrounding
residential developments, the POD is more appropriate than the NC (Neighborhood
Commercial) as four offices are less intense and are usually closed during evenings.
Also, the proposed zoning is more appropriate than RM zoning due to the property's
location abutting an arterial roadway and its relatively small size, which would make it
difficult to accommodate a quality residential development.
REVIEW BY OTHERS
The subject property is not in a geographical area requiring review by the CRA
(Community Redevelopment Agency), DDA (Downtown Development Authority) or the
HPB (Historic Preservation Board).
Palm Beach County Notice:
On June 28, 2000 the Palm Beach County Planning Division was notified of the City's
intent to annex this property. To date, a response has not been received.
IPARC Notice:
Notice of the Future Land Use Map Amendment was also provided to the Interlocal Plan
Amendment Review Committee (IPARC) which distributes the information to adjacent
municipalities. To date, a response has not been received.
Courtesy Notice:
Courtesy notices were sent to the following homeowner's and civic associations:
r'] Progressive Residents of Delray
[3 President's Council
13 Hamlet
[q Windy Creek
[] Sherwood Forest
[] Greensward Village
[] High Point I
[3 Highland Trailer Park
[] Sunset Pines
[3 Woodlake
Planning and Zoning Board Staff Report
Delray Professional Office Center- Annexation with Initial Zoning of POD and Small-Scale Future Land
Use Map Amendment
Page 13
public Notice:
Formal public notice has been provided to ail property owners within a 500 foot radius of
the subject property. Letters of objection, if any, will be presented at the Planning and
Zoning Board meeting.
ASSESSMENT AND CONCLUSIONS
Accommodating the annexation of this property is consistent with the City's program for
annexation of territory within its Planning and Service Area. The requested Transitional
Future Land Use Map designation is Iow intensity. The application of an initial zoning
designation of POD is consistent with the proposed FLUM designation.
The annexation will provide the property with better Police, Fire, EMS and Code
Enforcement services. The property will experience an increase in ad valorem taxes.
Upon development of the property for residential purposes, stormwater assessment
fees will be imposed.
The City will receive additional revenue from property taxes, in addition to stormwater
assessment fees, utility taxes, franchise fees, and licensing fees upon development.
The total immediate revenue increase is approximately $765.00 a year.
If the annexation is approved, it is anticipated that a site and development plan
submittal will follow. Compatibility of a specific development proposal with the adjacent
developments will be addressed with the review of a site and development plan request.
Concurrency concerns with respect to traffic will dictate the development time frame.
ALTERNATIVES ACTIONS
Continue with direction.
Recommend approval of the Annexation, Small-Scale Future Land Use Map
amendment from County HR-8 to City Transitional and initial zoning designation
of POD (Professional Office District) based upon positive findings with respect to
Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM
Amendment Findings), LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), and the
following:
That the property is contiguous, reasonably compact and does not create
an enclave; and,
That services will be provided to the property in a manner similar to other
similar properties within the City.
Recommend denial of the Annexation, Small-Scale Future Land Use Map
amendment from County HR-8 to City Transitional and initial zoning designation
of POD (Professional Office District), with the basis stated.
Planning and Zoning Board Staff Report'
Delray Professional Office Center- Annexation with Initial Zoning of POD and Small-Scale Future Land
Use Map Amendment
Page 14
STAFF RECOMMENDATION
Recommend approval of this Annexation, Small-Scale Future Land Use Map
amendment from County HR-8 to City Transitional and initial zoning designation of POD
(Professional Office District) based upon positive findings with respect to Future Land
Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings),
LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), and the following:
1. That the property is contiguous, reasonably compact and does not create an
enclave; and,
That services will be provided to the property in a manner similar to other similar
properties within the City.
Attachments:
Location/Existing Zoning Map
Existing Future Land Use Map
Survey
This Report prepared by: Michelle E Ho¥1and, Planner
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM/0' ~' REGULAR MEETING OF AUGUST 15. 2000
ORDINANCE NO. 16-00 (SMALL SCALE FUTURE LAND USE MAP
AMENDMENT & REZONING/COMMUNITY CHII.D CARE CENTER
EXPANSION)
AUGUST 9, 2000
This is second reading and a quasi-judicial (as to zoning) public heating for Ordinance No. 16-00
that provides for a small scale Future Land Use Map (FLUM) amendment from LD (Low Density
Residential 0-5 dxvelling units/acre) to CF-P (Community Facilities-Public Buildings) and rezoning
from R-1-A (Single Family Residential) District to CF (Community Facilities) District for a parcel of
land associated with the expansion of the Community Child Care Center.
The small scale FLUM amendment involves eight lots xvhile the rezoning request involves seven of
the eight lots. The eighth lot is already zoned CF (Community Facilities). The proposed land use
actions are intended to accommodate a 20,000 sq.ft, expansion to the existing Community Child Care
Center to house a new family resource center providing after school and weekend activities for
children ages 5 to 11 years. Additional background and analysis are found in the attached staff report.
The Planning and Zoning Board considered the application at a public hearing on July 17, 2000.
Members from the Chevy Chase subdivision (north side of Lake Ida Road) spoke in opposition citing
concerns with the potential noise from the new playgrounds, traffic and hours of operation. The
Board voted 4 to 1 (Hasner dissenting; Carter and Eliopoulos absent) to recommend approval of the
requests based upon positive findings with Future Land Use Element Policy A-1.7 of the
Comprehensive Plan (FLUM Amendment Findings) and Section 3.1.1 (Required Findings), Section
3.3.2 (Standards for Rezoning Actions), and Section 2.4.5(D)(5) (Rezoning Findings) of the Land
Development Regulations. At first reading on July 25m, the City comrmssion passed the ordinance by
a vote of 4 to 0. Comrmssioner McCarthy declared a conflict and stepped down for this item.
Recommend approval of Ordinance No. 16-00 on second and final readmg, based upon the findmgs
and recommendation of the Planning and Zoning Board.
Ref:Agmemo21.Ord.16-00.SmScaleFLUM.Rezonmg. Child Care Center Expansion
ORDINANCE NO. 16-00
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELKAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE
MAP DESIGNATION FROM LD (LOW DENSITY RESIDENTIAL 0-5
DWELLING UNITS/ACRE) TO CF-P (COMMUNITY FACILITIES -
PUBLIC BUILDINGS), AND REZONING FROM R-1-A (SINGLE
FAMILY RESIDENTIAL) DISTRICT TO CF (COMMUNITY
FACILITIES) DISTRICT, FOR A PARCEL OF LAND LOCATED ON
THE SOUTH SIDE OF LAKE IDA ROAD, APPROXIMATELY 286
FEET WEST OF N.W. 5TM AVENUE, AS THE SAME IS MORE
PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED
UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMAIJ,
SCALE LAND USE PLAN AMENDMENTS; AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF DELRAY BEACH;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described as Area "A" is designated on the
Future Land Use Map (FLUM) in the Comprehensive Plan for the City of Delray Beach, Florida, as
LD (Low Density Residential 0-5 dwelling units/acre); and
WHEREAS, the property hereinafter described as Area "13" is shown on the Zoning
District Map of the City of Delray Beach, Florida, as being zoned R-1-A (Single Family Residential)
District; and
WHEREAS, at its meeting of July 17, 2000, the Planning and Zoning Board for the
City of Delray Beach, as Local Planning Agency, reviewed this item at a public hearing and voted 4
to 1 to recommend approval of the small scale FLUM amendment and rezoning, based upon
positive findings; and
WHEREAS, it is appropriate that the Future Land Use Map in the Comprehensive
Plan be amended to reflect the revised land use designation, and that the Zoning District Map of the
City of Delray Beach be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Future Land Use Map in the Comprehensive Plan of the City of
Delray Beach, Florida, is hereby changed to reflect a land use designation of CF-P (Community
Facilities - Public Bnildmgs) for the following described property:
AREA "A" LEGAL DESCRIPTION FOR FLUM
Parcel I: That pomon of the West half OX/. 1/2) of the South half (S. 1/2) of Lot 5, Subdivision of
Section 8, Township 46 South, Range 43 East, Palm Beach County, Florida, as recorded m Plat
Book 1, Page 4, Public Records of Palm Beach County, Florida, described as follows:
Commence at the Northeast comer of West half OX/. 1/2) of the South half (S. 1/2) of said Lot 5;
thence S. 89° 58'12" W., along the North line of the South (S. 1/2) of the West half OX/. 1/2) of said
Lot 5, a distance of 100.00 feet to a point on a line 100.00 feet West of and parallel to the East line
of the South half (S. 1/2) of the West half (W. 1/2) of said Lot 5; thence S. 0° 05'44" E., along said
parallel line, a distance of 19.40 feet to the point of beginning, said point of beginning also being on
the South right-of-way line of Lake Ida Road; as per Palm Beach County right-of-way acquisition
map Project Number 90502;
Thence continue S. 0° 05'44" E., along said parallel line, a distance of 140.60 feet, thence S. 89°
58'12" W., along a line 160 feet South of and parallel to the North line of the South half (S. 1/2) of
the West half OX/. 1/2) of said Lot 5, a distance of 186.51 feet; thence N. 0° 22'34" W., a distance of
160.00 feet to a point on the North line of the South half (S. 1/2) of the West half (W. 1/2) of said
Lot 5 and a point on the said South right-of-way line of Lake Ida Road; thence N. 89° 58'12" E.,
along said North line and said South right-of-way line, a distance of 14.57 feet to a point on a curve
concave to the South having a central angle of 12° 48'48" and a radius of 779.02 feet; thence
Southeast, along the arc of said curve, a distance of 174.21 feet to the point of beginning.
Together With
Parcel 2: That portion of the South half (S. 1/2) of the West half OX/. I/2) of Lot 5, Subdivision of
Section 8, Township 46 South, Range 43 East, Palm Beach County, Florida, as recorded in Plat
Book 1, Page 4, Public Records of Palm Beach County, Florida, described as follows:
Commence at the Southwest comer of said LOt 5; thence N. 90° 00'00" E., along the South line of
said Lot 5, a distance of 400.00 feet to the point of beginning; thence continue N. 90° 00'00" E.,
along said South line, a distance of 235.68 feet to a point on a line 25.0 feet West of and parallel to
the East line of the West half OX/. 1/2) of the South half (S. 1/2) of said Lot 5; thence N. 0° 05'44"
W., along said parallel line, a distance of 160.00 feet; thence S. 90° 00'00" W., a distance of 85.36
feet; thence S. 0° 05'44" E., a distance of 25.00 feet; thence S. 90° 00'00" W., a distance of 150.96
feet; thence S. 0°22'07" E., a distance of 135.00 feet to the point of beginning.
Together With
Parcel 3: That part of the South half of Lot 5, Subdivision of Section 8, Township 46 South, Range
43 East, Palm Beach County, Florida, as recorded in Plat Book 1, Page 4 of the Pubhc Records of
Palm Beach County, Florida, described as follows:
2 Ord. No. 16-00
Commence at the northeast comer of the West half of the South half of said Lot 5; thence N. 89°
58'40" W., along the North line of the South half of said Lot 5, 25.00 feet; thence S. 0° 08'30" E.,
along a line 25.00 feet West of and parallel with the East line of the West half of said Lot 5, 40.69
feet to the South right-of-way line of Lake Ida Road and the point of beginning; thence continue S.
0° 08'30" E., along said parallel line, 119.31 feet to a line 160.00 feet South of and parallel with the
North line of the South half of said Lot 5; thence S. 89° 58'40" E., along said parallel line, 38.82 feet;
thence N. 0° 37'30" W., along the East right-of-way line of N.W. 6~h Avenue, 105.44 feet to said
South right-of-way line of Lake Ida Road and to a point on a curve concave southerly with a radius
of 779.02 feet, a central angle of 2° 58'27" and a chord bearing N. 69° 53'39" W., thence westerly,
along the arc of said curve and along the South right-of-way line of Lake Ida Road, 40.44 feet to the
said point of beginning.
And
That parcel of a land described as follows: Commencing 25 feet West from the Northeast comer of
the West 1/2 of the South 1/2 of Lot 5, Section 8, Township 46 South, Range 43 East, for a point
of beginning; thence South 160 feet; thence West 75 feet; thence North 160 feet; thence East 75 feet
to the point of beginning; Palm Beach County, Florida, less right-of-way deeded to County of Palm
Beach, in Deed Book 1145, Page 623, PubLic Records of Palm Beach County, Florida, according to
Plat thereof on file in the Office of the Clerk of Circuit Court in and for Palm Beach County,
Florida, recorded in Plat Book 1, Page 4. The subject site is located on the south side of Lake Ida
Road, west of N.W. 5m Avenue.
Sectign 2. That the Zoning District Map of the City of Delray Beach, Florida, is
hereby amended to reflect a zoning classification of CF (Community Facilities) District for the
following described property:
AREA "B" LEGAL DESCRIPTION FOR RET. ONING
Parcel 1: That portion of the West half (W. 1/2) of the South half (S. 1/2) of Lot 5, Subdivision of
Section 8, Township 46 South, Range 43 East, Palm Beach County, Florida, as recorded in Plat
Book 1, Page 4, PubLic Records of Palm Beach County, Florida, described as follows:
Commence at the Northeast comer of West half (W. 1/2) of the South half (S. 1/2) of said Lot 5;
thence S. 89° 58'12" W., along the North line of the South (S. 1/2) of the West half (W. 1/2) of said
Lot 5, a distance of 100.00 feet to a point on a line 100.00 feet West of and parallel to the East line
of the South half (S. 1/2) of the West half (W. 1/2) of said Lot 5; thence S. 0° 05'44" E., along said
parallel line, a distance of 19.40 feet to the point of beginning, said point of beginning also being on
the South right-of-way line of Lake Ida Road; as per Palm Beach County right-of-way acquisition
map Project Number 90502;
3 Ord. No. 16-00
Thence continue S. 0° 05'44" E., along said parallel line, a distance of 140.60 feet, thence S. 89°
58'12" W., along a line 160 feet South of and parallel to the North Line of the South half (S. 1/2) of
the West half COq. 1/2) of said Lot 5, a distance of 186.51 feet; thence N. 0°22'34" W., a distance of
160.00 feet to a point on the North line of the South half (S. 1/2) of the West half COq. 1/2) of said
Lot 5 and a point on the said South right-of-way ]me of Lake Ida Road; thence N. 89° 58'12" E.,
along said North line and said South right-of-way line, a distance of 14.57 feet to a point on a curve
concave to the South having a central angle of 12° 48'48" and a radius of 779.02 feet; thence
Southeast, along the arc of said curve, a distance of 174.21 feet to the point of beginning.
Together With
Parcel 2: That portion of the South half (S. 1/2) of the West half (W. 1/2) of Lot 5, Subdivision of
Section 8, Township 46 South, Range 43 East, Palm Beach County, Florida, as recorded in Plat
Book 1, Page 4, Public Records of Palm Beach County, Florida, described as follows:
Commence at the Southwest comer of said Lot 5; thence N. 90° 00'00" E., along the South ]me of
said Lot 5, a distance of 400.00 feet to the point of beginning; thence continue N. 90° 00'00" E.,
along said South ]me, a distance of 235.68 feet to a point on a line 25.0 feet West of and parallel to
the East ]me of the West half (9(/. 1/2) of the South half (S. 1/2) of said Lot 5; thence N. 0° 05'44"
W., along said parallel line, a distance of 160.00 feet; thence S. 90° 00'00" W., a distance of 85.36
feet; thence S. 0° 05'44" E., a distance of 25.00 feet; thence S. 90° 00'00" W., a distance of 150.96
feet; thence S. 0° 22'07" E., a distance of 155.00 feet to the point of beginning.
Section 3. That the City of Delray Beach elects to make this small scale amendment
by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 4. That the Planning Director of said City shall, upon the effective date of
this ordinance, amend the Official Zoning Map of the City of Delray Beach, Florida, to conform
with the provisions of Section 2 hereof.
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and
the same are hereby repealed.
Section 6. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
4 Ord. No. 16-00
Section 7. That this ordinance shall become effective thirty-one (31) days after
adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged,
the effective date of this amendment shall be the date a final order is issued by the Depa~u~xent of
Community Affaixs, or the Administration Commission, finding the amendment in compliance with
Section 163.3184, F.S. No development orders, development permits, or lind uses dependent on
this amendment may be issued or commence before it has become effective. If a final order of
noncompliance is issued by the Administration Commission, this amendment may nevertheless be
made effective by adoption of a resolution affirming its effective stares, a copy of which resolution
shall be sent to the Department of Community Affaixs, Bureau of Local Planning, 2740 Centerview
Drive, Tallahassee, Florida 32399-2100.
the
PASSED AND ADOPTED in regular session on second and final reading on this
1 5th day of Auqust ,2000.
ATI'EST:
City Clerk
MAYOR
FirstReadmg July 25, 2000
Second Reading August 15, 2000
5 Ord. No. 16-00
~ . ,~ CHILD
N.W. ~ ~ g -
s.~. sP~ - ~ .... ~~ -N
ELEMENTARY
SCHOOL
REZONING
F~OM: ~-I-A (SINGLE FAMILY RESIDENTIAL) TO: CF (COMMUNI~ FACILITIES
~ < S.D. SPADY
-- ~ ELEMENTARY ~ --
SCHOOL
FUTU~ ~ND U~ ~A~ A~ND~NT
~O~: LD (~O~ DEN~I~, 0-~ UNIT~/AO~E} TO: OF-~ (OO~UNI~ ~A~ILITIE~-~UBLIC ~UILDIN~)
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
July 17, 2000
IV.B.
Future Land Use Map Amendment from LD (Low Density Residential) to CF-P
(Community Facilities-Public Buildings) and Rezoning from R-1-A (Single
. Family Residential) to CF (Community Faciiities) in Conjunction with the
Expansion of the Community Child Care Center, Located West of N.W. 6th
Avenue, Between Lake Ida Road and N.W. 4th Terrace.
GENERAL DATA:
Owner/Applicant ........................
Agent .........................................
Location .....................................
Property Size .............................
Existing FLUM Designation .......
Proposed FLUM Designation ....
Existing Zoning ..........................
Proposed Zoning .......................
Adjacent Zoning ............... North:
East:
South:
West:
Existing Land Use ....................
Proposed Land Use ...................
Water Service ............................
Sewer Service ...........................
Community Child Care Center of Delray Beach, Inc.
Robert G. Currie Partnership, Inc.
Southwest corner of N.W. 5th Avenue and Lake Ida Road
FLUM Amd. Area (1.87 Acres)
Rezoning & Expansion Area (1.37 Acres)
LD (Low Density Residential, 0-5 du/ac)
CF-P (Community Facilities-Public Buildings)
R-1-A (Single Family Residential)
CF (Community Facilities)
CF (Community Facilities) & R-l-AA (Single Family Residential)
CF
R-1-A (Single Family Residential)
R-1-A
Seven (7) single family structures and Improved road rights-of-way.
Future Land Use Map Amendment from LD to CF-P and Rezoning
from R-I-A to CF to accommodate an expansion of the existing child
care center on the adjacent parcels to the west.
Existing on site.
Existing on site.
IV.B.
The item before the Board is that of making a recommendation to the City
Commission on a privately initiated Small-Scale Future Land Use Map
amendment from LD (Low Density Residential 0-5 du/ac) to CF-P (Community
Facilities - Public Building) and rezoning from R-I-A (Single Family Residential)
to CF (Community Facilities) associated with the expansion of the Community
Child Care Center.
The subject property is located on the west side of NW 6th Avenue, between
Lake Ida Road and NW 4th Street.
The Community Child Care Center was constructed in 1990. In 1995, the City
Commission approved a rezoning from R-I-A to CF to allow the Community Child Care
Center to expand its operation westward onto Lot 57 and a portion of NW 6th Avenue,
which was subsequently abandoned. At its meeting of October 10, 1995, the Site Plan
Review and Appearance Board approved a 5,562 sq.ft, expansion to the Child Care
Center.
The rezoning request involves 7 lots (Lots 46, 49, 53, 54, 59, 60, & 61) currently zoned
R-1-A. Lots 53, 60, and 61 contain single family homes, while Lots 46, 49, 54, and 59
are vacant. The rezoning from R-I-A to CF is to accommodate a 20,000 sq.ft.
expansion to the existing Community Child Care Center to house a new family resource
center providing after school and weekend activities for children ages 5 - 11 years.
The lots being considered for rezoning (future expansion area) have an underlying
Future Land Use Map designation of LD (Low Density Residential). While Lot 57
(currently occupied by the existing Child Care Center) is zoned CF (Community
Facilities, its underlying Future Land Use Map (FLUM) designation is LD. The balance
of the existing Child Care Center has an underlying designation of CF-P (Community
Facilities - Public Building). The privately initiated FLUM amendment from LD to CF-P
will apply a consistent FLUM designation to the entire parcel.
While Lot 49 is included in the development proposal, the applicant has not signed a
contract for purchase. Prior to scheduling this item for City Commission action consent
from the current property owner is required.
Florida Statutes 163.3187 - Small Scale Land Use Map Amendments:
This Future Land Use Map Amendment is being processed as a Small-Scale
Development pursuant to Florida Statutes 163.3187. This statute states that any
local government comprehensive land use amendments directly related to
proposed small scale development activities may be approved without regard to
P&Z Staff Report
Rezoning from R-1-A to CF for the Community Child Care Center
Page 2
statutory limits on the frequency of consideration of amendments (twice a year),
subject to the following conditions:
The amendment does not exceed 10 acres of land;
The cumulative effect of the amendments processed under this section
shall not exceed 120 acres within designated redevelopment and traffic
concuFrency exception areas, or 60 acres annually in areas lying outside
the designated areas; and,
The proposed amendment does not involve the same property, or the same
owner's property within 200 feet of property, granted a change within a
period of 12 months.
That if the proposed amendment involves a residential land use, the
residential land use has a density of 10 units or less per acre.
The proposed amendment does not involve a text change to the goals,
policies, and objectives of the local government's comprehensive plan, but
only proposes a land use change to the future land use map for a site-
specific small scale development activity.
The property that is the subject of a proposed amendment is not located
within an area of critical state concern.
The FLUM amendment involves approximately 1.87 acres, thus the total area is less
than the 10 acre maximum. This amendment along with other small-scale amendments
processed this year, outside the designated areas, will not exceed 60 acres. In fact this
is the first small scale amendment for this year. This propedy has not previously been
considered for a land use amendment nor has the same proper~y owner's properties
been granted a land use change within 200 feet, within the last year. The proposed
amendment to CF-P (Community Facilities - Public Building) is privately initiated. The
CF-P land use designation allows for community buildings such as child care centers,
and will allow the entire development to have a consistent underlying land use
designation. The amendment does not involve a text change to the Comprehensive
Plan and it is not located within an area of critical concern.
Land Use Analysis:
Pursuant to Land Development Regulation Section 3.1.1(A) (Future Land Use
Map), all land uses and resulting structures must be allowed in the zoning district
within which the land is situated and, said zoning must be consistent with the
land use designation as shown on the Future Land Use Map.
The current Future Land Use M~p designation for the subject property is LD (Low
Density Residential). The requested FLUM designation is CF-P (Community Facilities-
Public Building). The proposed zoning designation of CF is consistent with the
proposed CF-P Future Land Use Map designation and "child care centers" are listed as
a permitted use in the CF district [LDR Section 4.4.21(B)(4)].
P&Z Staff Report
Rezoning from R-1-A to CF for the Community Child Care Center
Page 3
Adjacent Land Use Map Designations, Zoning Designations & Land Uses:
North: North of the subject property, across Lake Ida Road has a FLUM designation of
LD and is zoned R-l-AA (Single Family Residential). The property is developed as a
single family subdivision (Chevy Chase).
South and West: The abutting properties to the south and west have a FLUM
designation of LD and are zoned R-I-A. The properties are developed as single family
lots.
East: East of the property, has a FLUM designation of CF-P and is zoned CF. The
existing use of the property is the existing Community Child Care Center.
Allowable Land Uses:
Under the proposed CF-P designation, current and future sites for public buildings and
single function buildings for community related purposes are allowed. The applicant has
requested a zoning designation of CF (Community Facilities) which is consistent with
the proposed FLUM designation of CF-P.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable Objectives and Policies were found.
Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map
must be based upon the following findings:
Demonstrated Need -- That there is a need for the requested land use. The
need must be based upon circumstances such as shifts in demographic
trends, changes in the availability of land, changes in the existing character
and FLUM designations of the surrounding area, fulfillment of a
comprehensive plan objective or policy, or similar circumstances. The need
must be supported by data and analysis verifying the changing demographics
or other circumstances. This requirement shall not apply to requests for the
FLUM designations of Conservation or Recreation and Open Space; nor shall
it apply to FLUM changes associated with annexations when the City's
advisory FLUM designation is being applied or when the requested
designation is of a similar intensity to the advisory designation. However, the
findings described in the remainder of this policy must be addressed with all
FLUM amendments.
The FLUM change involves a lot currently occupied by the Child Care Center as well
as the area proposed for further expansion. The change on the lot occupied by the
Child Care Center is appropriate, as the new designation accommodates the
existing use. While the proposed expansion could be accommodated under the
existing zoning and FLUM designations an inconsistency would exist. It is therefore
more appropriate at this time to seek a CF-P land use designation.
P&Z Staff Report
Rezoning from R-1-A to CF for the Community Child Care Center
Page 4
Consistency -- The requested designation is consistent with the goals,
objectives, and policies of the most recently adopted Comprehensive Plan.
The proposal is consistent with the goals, objectives and policies of the City's
Comprehensive Plan. The following are applicable goals and objectives and policies.
Future Land Use Element Objective A-I - Property shall be developed or
redeveloped, in a manner so that the future use and intensity is appropriate in
terms of soil, topographic, and other applicable physical conditions, is
complementary to adjacent land uses, and fulfills remaining land use needs.
The vacant lots have been disturbed (mowed) and the existing single family homes
will be demolished as part of this development proposal. Therefore, there will be no
physical conditions that would prevent redevelopment of the property. The property
can be developed under the CF zoning in a manner that would be complementary to
the adjacent residential development as discussed below under Standards for
Rezonings. While a child care facility has not been identified in the Comprehensive
Plan as a remaining land use need it is a needed use in the community. The unmet
child care need is the catalyst for the proposed expansion of the existing facility.
Housing Policy A-12.1: The City shall evaluate the effect that any streetr
widening or traffic circulation modification may have upon an existing
neighborhood, and shall allow opportunity for public input on the proposed
change. If it is determined that the widening or modification will be
detrimental and result in a degradation of the neighborhood, the project shall
not be permitted.
th
The development proposal includes the abandonment of a portion of NW 4 Terrace
and NW 6th Avenue. The portion of NW 6TM Avenue that is to be abandoned serves
as access to the Community Child Care Center's main entrance and drop-off. NW
4th Terrace is a 14' wide improved alley which abuts 13 lots, 5 of which take
secondary access from the alley to the rear of their property. Trash removal is also
accommodated from the alley. It is noted that all 13 lots have primary access along
their frontage from the abutting rights-of-way (Lake Ida Road and NW 4th Street). At
this time a determination has not been as to whether right-of-way will be rededicated
along the west side of the development to provide a north/south connection from 4th
Street to the alley, or if the alley will be terminated with a cul-de-sac or "T" turn
around. Ultimately the parameters of the development proposal will be dependent
upon the acquisition of the properties identified in this report. As a sketch plan has
not been submitted to date to fully examine this issue, this policy will be addressed
with the site plan and abandonment applications, and public input will be taken at
that time.
Housing Policy A-12.3: In ~valuating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have
on the stability of nearby neighborhoods. Factors such as noise, odors, dust,
traffic volumes and circulation patterns shall be reviewed in terms of their
potential to negatively impact the safety, habitability and stability of
residential areas. If it is determined that a proposed development will result in
P&Z Staff Report
Rezoning from R-1-A to CF for the Community Child Care Center
Page 5
a degradation of any neighborhood, the project shall be modified accordingly
or denied.
As discussed above, traffic modifications are being considered with the development
proposal, however they should not negatively impact the circulation pattern of the
neighborhood. Alternatives including dedication of right-of-way, "T" turnaround and
cul-de-sac will be considered with the site plan and abandonment applications.
Noises associated with the creation of new outdoor playground areas are a concern
if placed on the western edge of the site adjacent to the existing single-family
dwellings. If new playgrounds are planned they are to be situated to the east
adjacent to the existing center to help mitigate any negative impacts.
r~ Concurrency -- Development at the highest intensity possible under the
requested designation can meet the adopted concurrency standards.
Streets and Traffic:
A traffic impact study was not submitted with the request, however staff conducted a
preliminary traffic analysis as follows. The current R-1-A zoning designation
generally permits only single family dwellings at a maximum density of 5 units per
acre. The Palm Beach County Traffic Performance Standard Ordinance establishes
traffic generation rates of 10 average daily trips (ADT) per unit for single family'
residences. With R-1-A zoning and a density of 5 units per acre, a maximum of 7
units could be developed generating 70 ADT. The ultimate development potential of
the site to accommodate a 20,000 square foot child care center would generate
1,110 ADT. Thus, there is a net potential increase of 1,040 ADT from the proposed
rezoning.
Lake Ida Road was recently widened and is currently operating at Level "C".
Adequate capacity exists on Lake Ida Road to accommodate the traffic demands of
this project. The submittal of a traffic study that meets the criteria as outlined in the
Palm Beach County Traffic Performance Standards will be required at time of site
plan approval.
Water and Sewer:
Preliminary water and sewer plans were not provided with the rezoning application.
Water and sewer mains exist within that portion of NW 4th Terrace and NW 6th
Avenue that is to be abandoned as part of this project. The relocation of water and
sewer mains and upgrades to the system will be required. This item will be further
reviewed at time of site plan approval. The rezoning from R-1-A to CF will generate
an increase in water and sewer demands, however, there is adequate capacity at
the existing facilities to handle the water and sewage demands generated from this
development.
Parks and Open Space:
Park dedication requirements do not apply for nonresidential uses. Thus, there will
be no impact on this level of service standard.
P&Z Staff Report
Rezoning from R-l-^ to CF for the Community Child Care Center
Page 6
Solid Waste:
The proposed 20,000 sq.ft, child care center will generate 35 tons of solid waste per
year. The potential of 7 single family homes would generate 13.93 tons of solid
waste per year. While there is a net increase in solid waste generation (21.07 tons),
the Solid Waste Authority indicates in its annual report that the established level of
service standards for solid waste will be met for all developments until 2021.
Drainage:
Paving and drainage plans are not required for the FLUM and rezoning analysis.
Drainage will most likely be accommodated via sheet flow to sodded areas and/or by
an exfiltration trench system. If the rezoning is approved, a paving and drainage plan
must be provided with submittal of the site plan, and positive findings with respect to
this level of service standard must be made at that time.
Compatibility -- The requested designation will be compatible with the existing
and future land uses of the surrounding area.
Compatibility is discussed below under the Standards for Rezoning.
Compliance -- Development under the requested designation will comply with
the provisions and requirement of the Land Development Regulations.
Compliance with the Land Development Regulations will be further addressed with
review of a site and development plan.
ZONING ANALYSIS:
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 Future Land Use Consistency, concurrency, Comprehensive
Plan Consistency and Compliance with the Land Development Regulations.
Future Land Use Map, Concurrency and Comprehensive Plan Consistency were
previously discussed under the Future Land Use Map Analysis section of this report.
Compliance with respect to the Land Development Regulations (Standards for
Rezoning Actions, and Rezoning. findings) are discussed below.
Consistency: Compliance with the performance standards set forth in Section
3.3.2 (Standards for Rezoning Actions) along with required findings in Section
2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies found in the adopted
P&Z Staff Report
Rezoning from R-1-A to CF for the Community Child Care Center
Page 7
Comprehensive Plan may be used in the making of a finding of overall
consistency.
Section 3.3.2 (Standards for Rezoning Actions): Standards A-C are not applicable.
The applicable performance standard of Section 3.3.2 is as follows:
D)
That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land uses both existing and
proposed; or that if an incompatibility may occur, that sufficient
regulations exist to properly mitigate adverse impacts from the new use.
The subject property is bordered by the following zoning designations and
existing land uses: on the north, across Lake Ida Road by R-l-AA zoning (a
single family subdivision known as Chevy Chase); to the east by CF (Community
Facilities) zoning (the existing Child Care Center); and to the west and south, by
A-I-A zoning (single family lots).
Compatibility with the adjacent property to the east is not a concern as it is the
existing child care center. While R-l-AA property is located on the north side of
Lake Ida Road, the use will be separated by an 80' right-of-way that contains a 4
lane divided roadway with heavy landscaping. In order to mitigate impacts on the
remaining residential properties to the west and south zoned R-l-A, a wall or'
hedges 4 1/2' height at the time of planting and trees 25' on center should be
provided along these property lines. Further, outside playground areas should
not be located immediately adjacent to these properties. The Community Child
Care Center is a neighborhood facility serving the needs of the immediate
neighborhood and has co-existed with the neighborhood for many years.
Therefore, this rezoning proposal will not be introducing a new use to the area.
Section 2.4.$(D)(5) (Rezonin9 Findings):
Pursuant to Section 2.4.5(D)(1) (Findings), in addition to provisions of Section
3.1.1, the City Commission must make a finding that the rezoning fulfills one of
the reasons for which the rezoning change is being sought. These reasons
include the following:
That the zoning had previously been changed, or was originally
established, in error;
That there has been a change in circumstances which make the
current zoning inappropriate;
Co
That the requested zoning is of similar intensity as allowed under the
Future Land Use M~p and that it is more appropriate for the property
based upon circumstances particular to the site and/or
neighborhood.
P&Z Staff Report
Rezoning from R-1-A to CF for the Community Chitd Care Center
Page 8
The applicant submitted a justification statement as a part of the rezoning application.
The statement indicates that the applicable reason is "c". The justification statement is
summarized below:
"This project will be an expansion to the existing Community Child Care Center
operations which is currently in the CF designation. It would be more appropriate
to expand this designation to the new property".
Comment: The justification statement addresses Item "c" as the basis for which the
rezoning should be granted. While the child care facility could be accommodated under
the existing zoning designation of R-l-A, the CF district was created as a special
purpose district that is intended to permit uses that serve public or semi-public
purposes. Under these circumstances the rezoning to CF is more appropriate. The
rezoning of the property will accommodate an expansion of an existing child care facility
which services the neighborhood. Further, the requested zoning of CF is of similar
intensity as allowed under the Future Land Use Map designation, which is to be
changed to CF-P. Based on the above, it is more appropriate for the property based
upon circumstances particular to this site and neighborhood to rezone it from R-I-A to
CF.
The rezoning is not in a geographic area requiring review by either the HPB (Historic
Preservation Board), DDA (Downtown Development Authority) or the CRA (Community
Redevelopment Agency).
Courtesy Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. A special certified notice has been sent to each of the property
owners of record.
Courtesy notices have been sent to:
Lake Ida Homeowners Association
Delray Lakes Homeowner's Association
Letters of objection or support, if any, will be presented at the P & Z Board meeting.
The Future Land Use Map amendment from LD to CF-P is consistent with the policies
of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. The
FLUM amendment will allow the entire development to have the same FLUM
designation. The rezoning from R-1-A to CF is consistent with the policies of the
Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive
findings can be made with respect to Section 2.4.5(D)(5) (Rezoning Findings), that the
rezoning is appropriate given certain circumstances particular to the site and
P&Z Staff Report
Rezoning from R-I-A to CF for the Community Child Care Center
Page 9
neighborhood. The change in FLUM and zoning designations will provide consistency
and accommodate the expansion of an existing well established community oriented
facility.
ALTERNATIVE ACTIONS:
A. Continue with direction.
B. Recommend approval of the Small Scale FLUM Amendment from LD to CF-P and
rezoning of the subject property from R~I-A to CF for the Community Child Care
Center based on positive findings with respect to LDR Section 3.1.1 (Required
Findings), Section 3.3.2 (Standards for Rezoning Actions), Section 2.4.5(D)(5)
(Rezoning Findings) of the Land Development Regulations and policies of the
Comprehensive Plan.
C. Recommend denial of the FLUM amendment and rezoning, based on a failure to
make positive findings with respect to Future Land Use Element Policy A-1.7 of the
Comprehensive Plan (FLUM Amendment Findings) and Section 2.4.5(D)(5) that the
rezoning is not more appropriate for the property based upon circumstances
particular to the site and/or neighborhood.
Recommend approval of the Small Scale FLUM Amendment from LD to CF~P on lots
46, 49, 53, 54, 57, 59, 60, & 61 and rezoning request from R-1-A (Single Family
Residential) to CF (Community Facilities) on Lots 46, 49, 53, 54, 59, 60, & 61 for the
Community Child Care Center, based upon positive findings with Future Land Use
Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings) and
Section 3.1.1 (Required Findings), Section 3.3.2 (Standards for Rezoning Actions), and
Section 2.4.5(D)(5) (Rezoning Findings) of the Land Development Regulations and
policies of the Comprehensive Plan.
Attachments:
· Zoning Map
ANCHOR POINT
7TH
ST.
DELRAY
LAK
3RD
LAKES DRWE
fDA ROAD
AREA SUBJECT
TO REZONING
CF
S.D. SPADY
ELEMENTARY
SCHOOL
BOY SCOUT I
HUT
CHILD
CENTER
KIN(
OSR
N.E. 4TH
LYNN
POMPE¥
PA RK
~
MARTIN KING J~
.3RD
2ND
COMMUNITY CHILD CARE CENTER
REZONING FROM: R-1-A (SINGLE FAMILY RESIDENTIAL) TO: CF (COMMUNITY FACILITIES)
ANCHOR POINT
[LDOR~
?TH
ST,
T[RR.
DELRAY LAKES
LAKE IDA ROAD
TO
FUTURE LAND
USE MAP
3RD
CF-S
S.D. SPADY
EL EMEN TAR Y
SCHOOL
CENTER
BOY
CF'C
N.E, 4TH STREt
POMPEY
PA RK
5RD
II
ST.
LUTHER KING JR DRIVe. 2ND
N
COMMUNITY CHILD CARE CENTER
FUTURE LAND USE MAP AMENDMENT FROM: LD (LOW DENSr"FY RES DENTIAL, 0-5 UNITS/ACRE)
TO: CF-P (COMMUNITY FACILITIES.PUBLIC BUILDING)
£1TY OF UELIll3Y BEI:I£H
CITY ATTORNEY'S OFFICE
DELRAY BEACH
~lI.Amdca Ci~
1993
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: (56l) 243-7090
MEMORANDUM
DATE: August 1, 2000
TO: City Commission
David T. Harden, City Manager
FROM: Jay T. Jambeck, Assistant City Attorney~
SUBJECT: Transfer of Property to Habitat for Hur~anity
The attached quit-claim deed, if approved, would transfer one lot to Habitat for
Humanity of South Palm Beach County. The City acquired the lot from Palm Beach
County as a result of the County acquiring the lot due to unpaid taxes. The lot is located
at 333 NW 4~ Avenue. Pursuant to Section 36.35 of the City's Code of Ordinances, a
public hearing is required with respect to the transfer of the lot.
Please place this item for a public hearing on the Agenda for the August 15, 2000
City Commission meeting. If you should have any questions, please do not hesitate to
contact me.
Attachment
CC:
Alison MacGregor Harpy, City Clerk
Lula Butler, Community Improvement Director
Ken Thomas, C.D. Program Coodinator
Prepared by: RETURN:
Jay T. Sambeck, Esq,
City Attorney's Office
200 N.W, 1st Avenue
Delray Beach. Florida 33444
Property Control Number 1243-46-164)14)33-0170
THIS QUIT-CLAIM DEED, executed this day of August, 2000 by CITY OF DELRAy BEACH, a Florida municipal corporation, and having
its principal place of business at 100 N.W. Ist Avenue, fielray Beach, Florida 33444, First Party, to: HABITAT FOR HUMANITY OF SOUTH PALM
BEACH COUNTY, INC., a Florida non-profit corporation, whose mailing address is 2200 N.W. 2nd Avenue. Boca Raton, Florida 33431, Second Party:
(Whenever used herein the term "First Party" and "Second Party" include singular and plural, heirs, legal representatives, and assigns of individuals, and the
successors and assigns of corporation, whenever the context so admits or requires.)
WITNESSETH, that the said First Party, for good and valuable consideration, does hereby remise, release and quit-claim unto the said Second Party
forever, all the right, title, interest, claim and demand which the said First Party has in and to the following described lot, piece or parcel of land, situate, lying
and being in the County of Palm Beach, State of Florida, to-wtl:
The South 50 feet of the North 300 feet of the West 135 feet of Block 33, Town of Lintun (now known as Delray
Beach), according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach
County. Florida, recorded in Plat Book 1, Page 3.
TO HAVE and to HOLD the same together with all and singular the appurtenances thereunto belonging or anywise appertaining, and all the estate,
right, rifle, interest, lien, equity and claim whatsoever of the said First party, either in law or equity, to the only proper use, benefit and behalf of the said Second
Party forever.
IN WITNESS W'H~REOF the said First Party has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed by its
proper officers thereunto duly authorized, the day and year first above written.
WITNESS #1: PARTY OF THE FIRST PART
CITY OF DELRAy BEACH, FLORIDA
(name printed or typed)
WITNESS #2:
(name printed or typed)
By:
David Schmidt. Mayor
ATTEST:
STATE OF FLORIDA
COUNTY OF PALM BEACH
' Clerk
Form:
The foregoing instrument was ackrmwledged before me this I, by
known to me/or has produced (type of identification) as identification and who did (did not) take an oath.
who is personally
quitdeed.agt
Signature of Notary Public-State of Florida
CITY ATTORi, EY'S OFFICE
DEtRAY BEACH
AlI.Amrica City
1993
DATE:
TO:
August 1, 2000
FROM:
SUBJECT:
200 NW lstAVENUE' DELRAY BEACH, FLORIDA 33444
TELEPHONE 561'243-'7090' FACSIMILE 561'278-4755
Writer's Direct Line: 1561) 243-7090
City Commission
David T. Harden, City Manager
J;ffo ~s JeTbiffd~ ';;:i stan2 ~ilt;II~tt; urnls~ ti on
Ordinances
56.16(E) of the Code of
Attached please find a proposed ordinance for your review on a first reading. '
This ordinance change to Chapter 56, "Stormwater," was requested by Engineering in
order to update the data sources upon which the City may rely for the determination of
impervious and total areas to be assessed for stormwater management. The change was
required because Palm Beach County no longer uses a "Master Appraisal File" (MAF)
which the previous subsection 56.16(E) referenced.
The ordinance, if enacted, would repeal subsection 56.16(E) of the City's Code
of Ordinances and reenact subsection 56.16(E) to remove any reference to the Palm
Beach County's MAF. The ordinance further specifies those data sources that the City
may rely on now that the County no longer utilizes the MAF.
No other changes were made to the City's stormwater management assessment
procedures or to the methods for determining the amount of those assessments.
Please place this item on the agenda for the August 15, 2000 City Commission
meeting. If you should have any questions whatsoever, please do not hesitate to contact
me.
Attachment
CCi
Alison MacGregor Harty, City Clerk
Randal Krejcarek, City Engineer
Angela Rowe, Stormwater Utilities Technician
ORDINANCE NO. 20-00
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 56,
~STORMWATER", SECTION 56.16, "ESTABLISHMENT OF RATES
FOR STORMWATER MANAGEMENT ASSESSMENTS", SUBSECTION
56.16(E) OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH BY REPEALING SUBSECTION 56.16(E) AND
ENACTING A NEW SUBSECTION 56.16(E) IN ORDER TO REMOVE
ANY REFERENCE TO THE MASTER APPRAISAL FILE, PROVIDING
A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN
EFFECTIVE DATE.
WHEREAS, Chapter 56 was enacted to aid the City in financing
and managing an effective stormwater management system; and
WHEREAS, Subsection 56.16(E) establishes a method for
determining the amount of impervious area and total area for parcels to
be assessed pursuant to Chapter 56; and
WHEREAS, Subsection 56.16(E) refers to the Palm Beach County
Master Appraisal File as a source of data for the determination of
impervious and total area of a parcel; and
WHEREAS,
Appraisal File; and
Palm Beach County has ceased using a Master
WHEREAS, the City Commission has determined that Subsection
56.16(E) should no longer refer to or utilize the Master Appraisal File
as a source of data for the determination of impervious and total area
of a parcel.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Fifty-Six, "Stormwater", Section
56.16, ,,ESTABLISHMENT OF RATES FOR STORMWATER MANAGEMENT ASSESSMENTS",
Subsection 56.16(E) of the Code of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby repealed.
Section 2. That Chapter Fifty-Six, "Stormwater", Section
56.16, -ESTA~LISHMENT OF RATES FOR STORMWATER MANAGEMENT ASSESSMENTS",
Subsection 56.16(E) of the Code of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby enacted to read:
(E) The determination of impervious area and total area of a
parcel shall be based on data from the Palm Beach County Property
Appraiser's Office, Palm Beach County Board of County Commissioners
Information Systems Services, geographical information system analysis
provided by the City of Delray Beach, from aerial photographs,
asbuilts, or from information provided by the owner of such parcel i~
the information, as set forth above, is found to be incorrect by clear
and convincing evidence, as determined in the sole discretion of the
Director. Information provided by an owner shall include, at his or
her own cost, such information requested by the Director, including
survey data certified by a professional land surveyor and/or
engineering reports prepared by a professional engineer acceptable to
the Director.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective upon
its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 2000.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
2
ORD. NO. 20-00
[ITY OF DELRI1Y BER£H
CiTY ATTORNEY'S OFFICE
Pe~roa% B,ea~C q
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
MEMORANDUM
~lI.Amedca C~ DATE:
1993 FROM:
August 10, 2000
City Commission
Susan A. Ruby, City Attorney
SUBJECT: Waste Management, Inc. of Florida vs. the City of Delray Beach
The purpose of this memorandum is to call for a closed attomey-client session pursuant to
Florida Statutes §286.011(8) for the August 15, 2000 City Commission meeting to discuss
settlement negotiations and strategy related to litigation expenditures in the above case.
Law requires strict compliance with Florida Statutes §286.011(8). Therefore, prior to the
commencement of the closed attorney-client session, the Mayor should read the following:
"The City has scheduled a closed attomey-client session pursuant to Florida
Statutes §286.011(8) in the case of Waste Management, Inc. of Florida vs.
the City of Delrav Beach. The estimated length of the closed session shall be
15 minutes. The following persons will be attending: Mayor David Schmidt,
Commissioners Pat Archer, Jeff Perlman and Bill Schwartz, City Manager
David Harden, City Attorney Susan Ruby, Assistant City Attorney Brian
Shutt, Richard Gaunt, Esq. and a certified court reporter."
After the closed session is over, the Mayor should announce that the regular meeting is
reopened, and the closed session is terminated.
By copy of this memorandum to David Harden, our office requests that the agenda be prepared
giving reasonable public notice of the time and date of the closed attorney-client session for
August 15, 2000 and that the agenda item include the name of the case, the names set forth
above of those persons attending the session, and identify the item as a closed door session
pursuant to Florida Statutes §286.011. Our office will arrange for a court reporter to be present
as requ~ statuette. Attached is a copy of Fla. Stat. §286.011.
SAR:c~.._
cc: David Harden, City~]Vlanager
Alison MacGregor Harty, City Clerk
Richard Gaunt, Esq.
Suncoast Court Reporting
F.~_S. t999
PUBLIC BUSINESS: MISCELLANEOUS PROVISIONS
~sed. The requirements of this section do not apply to
the notice provided in s. 200.065(3).
286.011 Public meetings and records; public
inspection; criminal and civil penalties.--
(1) AIl meetings of any board or COmmission of any
state agency or authority or of any agency or authorit
o any county mun c pal corporation, or -oil" ' Y
t-, aca subdi-
vision, except as otherwise provided in the Constitu-
lion, at which official acts are to be taken are declared
to be public meetings open to the public at all times,
and no resolution, rule, or formal action shall be consid-
ered binding except as taken or made at such meeting.
'rhe board or commission must provide reasonable
notice of all such meetings.
(2) The minutes of a meeting of any such board or
commission of any such state agency or authority shall
be promptly recorded, and such records shall be open
to public inspection. The circuit courts of this state shall
have jurisdiction to issue injunctions to enforce the pur-
poses of this section upon application by any citizen of
this state.
(3)la) Any public officer who violates any provision
of this section is guilty of a noncriminal infraction, pun-
ishable by fine not exceeding $500.
.lb! Any pers°n who is a member of a board or corn_
m~ss~on or of any state agency or authority of any
county, municipal corporation, or political subdivision
who knowingly violates the provisions of this section by
altending a meeting not held in accordance with the
provisions hereof is guilty of a misdemeanor of the sec-
ond degree, punishable as provided in s. 775.082 or s.
775.083.
(c) Conduct which occurs outside the state which
would constitute a knowing violation of this section is a
misdemeanor of the second degree, punishable as pro-
vided in s. 775.082 or s. 775.083.
{4) Whenever an action has been filed against any
board °r C°mmission of any state aeency or authorit or
any agency or authority of an,, co- .-~,, · Y
u., or pol~tlca subdivision to enforce the provisioq°n(s
01 this section or to invalidate the actions of ny such
bOard, COmmission, agency, or authority, whicah action
was taken in violation of this section, and the court
determines that the defendant or defend
aSSess a .... ~,,,,..,. ~,. L~.~ section, the court shall
· ~=onaole attorney's fee against such
agency, and may assess a reaso ,
against the i ~;.;.4..^, ..,. nable, attorneys fee
finds , ,.. ..n.~,.?.u~, ming such an action f the court
,. was riled in bad faith or was frivolous. Any fees
so assessed may be assessed a ainst the
'nber or member ..... g individual
/i,~ .., - F ...... ~uf such board or commission'
· .eu, that m any case where the bo '
~ Seeks the _.,_. .. ard or COmmis-
,auvlce or its attorney and such adv ce
!d,.no such fees shall be assessed ~'
,,,~ .uers or the board or COmm'
OWever, this subsection shall not apply to a st~
Y or his or her duly authorized assis
r Charged with enforcing the -rovisio-~a~?,s~-~r any
Ch. 286
a?y county, municipal corporation, or political subdivi-
sion appeals any court order which has found said
board, commission, agency, or authority to have vio-
lated this section, and such order is affirmed, the court
sha!l assess a reasonable attorney's fee for the appeal
against such board, commission, agency, or authority.
Any fees so assessed may be assessed against the
individual member or members of such board or com-
mission; provided, that in any case where the board or
COmmission seeks the advice of its attorney and such
advice is followed, no such fees shaft be assessed
against the individual member or members of the board
or commission.
(6) All persons subject to subsection (1) are prohib-
ited from holding meetings at any facility or location
which discriminates on the basis of sex, age, race,
creed, color, origin, or economic status or which oper-
ates in such a manner as to unreasonably restrict pub-
lic access to such a facility.
(7) Whenever any member of any board or com-
mission of any state agency or authority or any agency
or authority of any county, municipal corporation or
political subdivision is charged with a vic ation of this
section and is subsequently acquitted, the board or
commission is authorized to reimburse said member
for any portion of his or her reasonable attorney's fees.
(8) Notwithstanding the provisions of subsection
(1), any board or commission of any state agency or
authority or any agency or authority of any county,
municipal corporaton or political subdivision and the
chief admin strative or executive off cer of the govern-
mental entity, may meet in private with the entity's attor-
ney to discuss pending itigation to which the entity is
present y a party before a court or administrative
agency, provided that the following conditions are met:
la) The entity's attorney shall advise the entity at a
public '
meeting that he or she desires advice conCern.
ing the litigation.
lb) The subject matter of the meeting shall be con-
fined to settlement negotiations or strategy sessions
related to litigation expenditures.
lc) The entire session shall be recorded by a certi-
fied court reporter. The reporter shall record the times
of commencement and termination of the session, all
discussion and proceedings, the names of all persons
present at any time, and the names of all erson
~s.p~ea.,.k, ing. No portion of the session shall be offPth
uru./ne court reporter',s notes shall be fully transc'~~'''
and filed with the entity s clerk within a rea~onabl . ed
e time
after the meeting.
(d) The entity shall give reasonable public notice of
the time and date of the attorney-client session and the
names of persons who will be attending the session.
The session shal commence at an open meeting at
wh ch the persons chairing the meeting shall announce
the COmmencement and estimated length of the attor-
ney-client session and the names of the persons
attending. At the conclusion of the attorney-client ses-
sioq,.the meeting shall be reopened, and the ers
~hhea~len~s~oh~e. meeting shall announce the terminaPtion~
(e) The transcript shall be made part of the public
record upon conclus on of the litigation
979
[IT¥ DF DELRR¥ BEI:IrH
CITY ATTORNEY'S OFFICE
DELRAY BEACH
1993
DATE:
August 10, 2000
TO:
City Commission
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
MEMORANDUM
FROM:
Susan A. Ruby, City Attorney
SUBJECT: Waste Management v. City - Settlement Matter
Waste Management filed suit against the City alleging the City breached its contract with
them by failing to pay sufficient disposal fees.
It is appropriate at this time for the City Commission to consider whether this case should
be settled.
By copy of this memorandum to David Harden, City Manager, our office requests that two
items be placed on the agenda for August 15, 2000:
Closed Session
Settlement of lawsuit.
David Harden, City Manager
Alison Harty, City Clerk