Agenda Reg 05-21-02City of Delray Beach
Regular Commission Meeting
Tuesday~ May 21, 2002
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Deltay Beach City Hall
100 ~ ]st Avenue
Delray Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
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: Any citizen is entitled to speak on items under this
section.
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.
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 sianderous remarks or who becomes boisterous while
addressing the Commission shall be barred by the presiding officer from speaking
further, unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present.
APPELLATE PROCEDURF-~
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.
The City will furnish auxthary aids and services to afford an individual with a
chsabfltty an opportunity to parucipate in and enjoy the benefits of a service,
program, or acfiv:ty conducted by the C~ty. Contact Doug Randolph at 243-
7127 (voice) or 243-7199 tIT)D), 24 hours prior to the event in order for the
City to accommodate your request. Adaptive listening devices are available for
meetmes m the Commission Chambers.
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5.
ROt.I. CAI
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL.
APPROVAL OF MINUTES:
May 7, 2002 - Regular Meeting
May 14, 2002 - Special Meeting
PROCLAMATIONS:
· None
PRESENTATIONS:
A. Glory Awards Presentation - Edith Thompson
CONSENT AGENDA: City Manager Recommends Approval.
RATIFICATION OF OLD SCHOOL SQUARE BOARD OF DIRECTORS;
Ratify the list of appointees to the Old School Square Board of Directors as of May 1,
2002.
AMENDMENT TO NPDES INTERLOCAL AGREEMENT: Approve
amendment to the National Pollutant Discharge Elimination System (NPDES)
agreement for the extension of the term from September 30, 2002 until September 30,
2004
AUTHORIZATION TO INCREASE CONTRACT; Authorize and approve an
increase to the current 4a Beach Renourishment contract in the amount of $22,536.40
for beach tilling purposes.
CHANGE ORDER NO. 1/FINAL PAYMENT/FLORIDA BLACKTOP, INC.:
Approve Change Order No. I in the amount of $25,106.17 and final payment in the
amount of $73,313.37 to Florida Blacktop, Inc. for completion of NE/NW Area
Infrastructure Improvements Project. Funding is available from 370-3162-541-65.44
(2000 Roadway Bond NE/NW Area).
CHANGE ORDER NO. 3/FINAL PAYMENT/FLORIDA BLACKTOP, INC.:
Approve Change Order No. 3 in the amount of a $46,281.36 decrease, and final
payment in the amount of $25,729.52 to Florida Blacktop, Inc. for completion of
SE/SW Area Infrastructure Improvements Project. Funding is available from 370-
3162-541-65.45 (2000 Roadway Bond SE/SW Area).
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CHANGE ORDER NO. 1/FINAL PAYMENT/REPUBLIC
CONSTRUCTION AND DEVELOPMENT CORPORATION, INC.: Approve
Change Order No. 1 in the amount of a $3,754.51 reduction, and final payment in the
amount of $7,530.59 to Republic Construction and Development Corporation, Inc. for
completion of the Merritt Park Restroom Facility proiect. Funding is available from
118-1965-554-63.40 (Recreation Improvements).
CONTRACT ADDITION/COLONNA CONSTRUCTION CO,, INC,;
Approve a Contract Addition (C.O. #1) to the Community Improvement Sidewalks
Project in the amount of $98,925.00 to Colorma Construction Co., Inc. for the
construction of sidewalks, concrete driveway aprons, and sodded swales to add
sidewalks in Delray Shores and handicapped ramps on A-1-A. Funding is available
from 334-3162-541-63.11 for $6,450.00 (General Construction Fund/Bike paths and
Sidewalks) and from 334-6111-519-63.89 for $92,475.00 (General Construction
Fund/Neighborhood Enhancements).
SPECIAL EVENT REQUEST/13'~ ANNUAL HARVEST FEST: Approve a
special event request to hold the 13th Annual Harvest Fest on November 16~' and 17th,
2002 from 10 a.m. to 5 p.m. To grant a temporary use permit, use of Veterans Park,
waiver of the 2-hour parking limits at various parking lots, staff support for security,
traffic control and event signage.
RESOLUTION NO. 42-02: Consider approval of Resolution No. 42-02 authorizing
the City to purchase property for first time home buyers located along the east side of
S.W. 5th Avenue just north of S.W. 2nd Street and Contract for Sale and Purchase
between the City and the Estate of Isadora Brady in the mount of $4,700.00.
RESOLUTION NO. 43-02: Consider approval of Resolution No. 43-02 authorizing
the City to purchase property for first time home buyers located along the south side of
S.W. 2"a Terrace and between S.W. 7th and S.W. 8~ Avenue and Contract for Sale and
Purchase between the City and James M. Clark in the amount of $9,500.00.
RESOLUTION NO, 45-02: Approve Resolution No. 45-02 assessing costs for action
necessary to remove junked and/or abandoned vehicles from five (5) properties within
the City.
MOVED TO REGULAR AGENDA AS ITEM 9, K
REVIEW OF APPEAl.ABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
May 6, 2002 through May 19, 2002.
ACCEPTANCE OF EASTMENT DEED/BROOKFIELD I~OMPANY:
Approve and accept an easement deed granting to the City the means to maintain a
sidewalk and utilities along Fisher Lane that will be constructed by the developer.
05-21-2002
AWARD OF BIDS AND CONTRACTS:
Bid award to multiple vendors for the purchase of road construction materials
for the City, via the Palm Beach County Co-op Bid #2002-09 at an estimated
annual cost of $93,206.12. Funding is available from streets division and
construction division operating budget and capital project accounts.
Bid award to Red Wing Shoe Store for the purchase of safety shoes via the Palm
Beach County Bid #01-078/CC for an annual cost of $21,961.00. Funding is
available from various departments' operating expense budgets.
Purchase award to Kilpatrick Turf Equipment for the purchase of one (1)
Jacobsen F1 2500 Fairway Mower via the Palm Beach County Bid #01-
087/VMG in the total amount of $30,128.00. Funding is available from 445-
4761-572-64.90 (Other Machinery/Equipment).
REGULAR AGENDA:
EXTENSION REQUEST FOR CONDITIONAL USE APPROVAL/
COMMUNITY PRIMITIVE BAPTIST CHURCH: Consider approval of an
extension of a conditional use to expand the existing Community Primitive Baptist
Church, which is located north of West Atlantic Avenue, between N.W. 10~ Avenue
and N.W. 11 ~ Avenue. (Quasi-Judicial Hearing)
SPECIAL EVENT/JAZZ AND BREW FESTIVAL: Consider a request for special
event approval for the Jazz and Brew Festival to be held on March 22, 2003, induding
temporary use permit, staff support, use of City equipment, and consideration of
waiving overtime costs.
REOUEST TO EXTEND PALM BEACH (;OId-NTY RESIDENT RATE
CATEGORY/MUNICIPAL GOLF COURSE: Consider a request to extend the
rate category at the Municipal Golf Course for Palm Beach County Residents.
PARTICIPATION IN NEW COURTHOUSE PARKING STRUCTURE:
Consider a request to pay additional costs in the amount of $334,000 to allow for future
additional parking at the Courthouse/Library parking garage.
PURCHASE OF BREEZY RIDGE PROPERTIES; Consider approval of contract
for the purchase of one (1) Breezy Ridge property.
PROPOSAL FOR SETTLEMENT/PRATT v. CITY; Consider acceptance of
proposal for settlement subject to the receipt of appropriate releases in the Pratt v. City
of Delray Beach case. Staff recommends acceptance.
APPOINTMENT TO THE CODE ENFORCEMENT BOARD; Appoint one
(1) regular member to the Code Enforcement Board to fill an unexpired term ending
January 14, 2003. Based upon the rotation system, the appointment will be made by
Mayor Schmidt (Seat #5).
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05-21-2002
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APPOINTMENT TO THE HISTORIC PRESERVATION BOARD; Appoint
one (1) member to the Historic Preservation Board for an unexpired term ending
August 31, 2003. Based upon the rotation system, the appointment will be made by
Commissioner Archer (Seat #2).
APPOINTMENT TO PUBLIC EMPLOYEES RELATION$ COMMISSION:
Appoint one (1) regular member and one (1) alternate member to the Public Employees
Relations Commission (PERC) for a term ending June 30, 2006. Based upon the
rotation system, the regular appointment will be made by Commissioner McCarthy (Seat
#4)) and the alternate appointment will be made by Mayor Schmidt (Seat #5).
Jo
APPOINTMENTS TO THE POLICE AND FIREFIGHTERS
RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (1) member to
the Police and Firefighters Retirement System Board of Trustees to fill a two (2) year
term ending June 30, 2004. Based on the rotation system, the appointment will be made
by Commissioner McCarthy (Seat #4).
SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE; Consider a
request for spedal event approval and endorse the Art & Jazz on the Avenue scheduled
for June 27, 2002 from 6:00 p.m. to 10:00 p.m., granting a temporary use permit per
LDR Section 2.4.6(H) for the closure of Atlantic Avenue from Swinton to NE 7th
Avenue, the south side of Atlantic Avenue from NE 7th Avenue to just past the Blue
Anchor Pub, Railroad Drive from Atlantic Avenue to NE 1 st Street, NE 2nd Avenue
from Atlantic Avenue to NE 2nd Street, and to authorize staff support for security and
traffic control, banner hanging and removal, barricade set-up and removal, trash
removal and clean up, and use/set-up of City stages.
PUBLIC HEARINGS:
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ORDINANCE NO, 13-02; An ordinance mending the historic designation adopted
via Ordinance No. 70-89 and Ordinance No. 70-90 for the "Fontaine Fox House"
historic site located on the east and west sides of Ocean Boulevard, south of George
Bush Boulevard (610 and 615 North Ocean Boulevard). (Quasi-Judt'cialHearing)
Bo
ORDINANCE NO. 14-02: An ordinance mending Chapter 71 of the City Code of
Ordinances by enacting Section 71.092 "Immobilization of vehicles by the City to
collect outstanding parking fines".
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.
05-21-2002
12.
13.
FIRST READINGS:
ORDINANCE NO. 1~-02: An ordinance amending Chapter 51 of the Code of
Ordinances, "Garbage and Trash" to provide conformity with the franchise agreement
between BFI and the City of Delray Beach and state laws.
Bo
ORDINANCE NO. 17-02; An ordinance amending Chapter 35, "Employee Policies
and Benefits", of the Code of Ordinances to provide for dividing retirement plan costs
between the City and participants m the International Conference of Firemen and
Oilers Bargaining Unit as provided in their Collective Bargaining Agreement with the
City.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
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05-21-2002
MAY 7~ 2002
A Regular Meeting of the City Commission of the City of Delray Beach, Florida,
was called to order by Mayor David W. Schmidt in the Commission Chambers at City Hall at
6:00 p.m., Tuesday, May 7, 2002.
1. Roll call showed:
Present -
Commissioner Patricia Archer
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Commissioner Jeff Perlman
Mayor David W. Schmidt
Absent -
None
Also present were -
City Manager David T. Harden
Assistant City Manager Robert A. Barcinski
City Attorney Susan A. Ruby
City Clerk Barbara Gadto
e
The opening prayer was delivered by Mayor Schmidt.
The Pledge of Allegiance to the flag of the United States of America was given.
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AGENDA APPROVAL.
Mayor Schmidt stated he has received a request from Officer Skip Brown that
Item 8.Q., Special Evenff3ra Annual Haitian Fla~ Day Celebration, be removed from the
Consent Agenda.
Mayor Schmidt noted that Item 8.T., Ramblin Rose License Agreement has
been moved to the Regular Agenda as Item 9.I.
Mayor Schmidt stated there is a request to postpone the proclamation for Kids
Da.y America/International.
Mayor Schmidt stated there is also a request to add Item 7.D., Delra.y Affair -
L.ynn Bialakis to Presentations.
The City Attorney noted an amendment to Item 9.K, Purchase of Breezy. Ridge
Properties, changing this from twenty-two (22) to twenty-seven properties. In addition, the City
Attorney noted an amendment to Item 12 (First Readings), Ordinance No. 13-02(A) and
Ordinance No. 13-02(B).
Mr. Perlman moved to approve the Agenda as amended, seconded by Mrs.
Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer -
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with
a 5 to 0 vote.
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APPROVAL OF MINUTES:
Mayor Schmidt noted a correction to page 7, third paragraph under Item 9.A.A.
and stated the words Momentation Committee should read Implementation Committee.
Mr. Levinson moved to approve the Minutes of the Regular Meeting of April 2,
2002, as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows:
Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr.
Perlman - Yes. Said motion passed with a 5 to 0 vote.
Mr. Perlman moved to approve the Minutes of the Special Meeting of April 8,
2002, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion
passed with a 4 to 0 vote (Mrs. Archer absent from April 8, 2002 meeting).
Mayor Schmidt noted a typographical error to page 8, paragraph 4. The word
buidable should be buildable.
Mrs. Archer moved to approve the Minutes of the Regular Meeting of April 16,
2002, as amended, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes. Said motion passed with a 5 to 0 vote.
PROCLAMATIONS:
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National Preservation Week- May 12 - May 18, 2002
Mayor Schmidt read and presented a proclamation hereby proclaiming May 12,
2002, through May 18, 2002, as National Preservation Week. Wendy Shay, Historic
Preservation Planner came forward to accept the proclamation.
Mary Swinford, Delray Beach Historical Society, thanked the City of Delray
Beach for their support and stated she is working very closely with Wendy Shay to put together a
fun celebration of National Preservation Week. In addition, Ms. Swinford thanked Bonnie
Deerfield of the Historical Resources Division of the State of Florida and Old School Square as
well.
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Kids Day America/International - May 18~ 2002
Dr. Tanya Hlinka requested that
America/International be postponed until September.
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the proclamation for Kids Day
5/07/02
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National Safe Boating Week - May 18 - May 25~ 2002
Mayor Schmidt read and presented a proclamation hereby proclaiming May 18th
through May 25, 2002 as National Safe Boating Week. On behalf of the Coast Guard,
Commander Patrick Feighery came forward to accept the proclamation.
Mr. Levinson stated it is important to note that several of those Auxiliary
members including Mr. Schwartz who is in here this evening, are also members of the Delray
Beach Volunteer Marine Patrol.
6.9.
National Public Works Week - May 19 - May 25~ 2002
Mayor Schmidt noted a proclamation hereby proclaiming May 19th through May
25, 2002 as National Public Works Week.
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PRESENTATIONS:
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Awards Presentation - Historic Preservation Week Poster Contest
Wend¥ Shay~ Historic Preservation Planner~ stated the City in conjunction with
the Planning and Zoning Department sponsored a Historic Preservation Poster Contest. Ms.
Shay stated all full-time Delray Beach students from grades 6-12 were invited to participate in
the contest. Ms. Shay stated there were 26 participants from Atlantic High School, St. Vincent
Fetter School and American Heritage. Ms. Shay stated the CRA donated $250 in order for the
City to purchase a $500 savings bond for the first prize for the poster contest. Ms. Shay
introduced the following three winners of the Historic Preservation Week Poster Contest and
presented each winner with an award:
Paola Sanchez - lst Place
Michael Santorsola - 2nd Place
A.J. Rosenthal - 3rd Place
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National Recreation and Parks Association Aquatics Award
Bob Taylor~ Ocean Rescue Superintendent~ stated he is honored this year by
the National Recreation and Parks Association to win the National Aquatics Excellence Award.
Mr. Taylor stated in the past the Ocean Rescue Team for running, rowing, and paddling.
However, this particular award for all the service the Delray Beach Ocean Rescue provides to the
community and presented the plaque to the City Commission.
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Speeding on Lindell Boulevard
Mary. Lou Ciambriello~ 721 Lindell Boulevard~ presented the City Commission
with thirty-four signatures of people in the area requesting that something be done about the
speeding on Lindell Boulevard. Ms. Ciambriello urged the Commission to immediately address
this concern.
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7oD.
Delray Affair - Lynn Bialakis
Lynn Bialakis, Event Director for the Delray Affair and Special Event
Coordinator for the Greater Delray Beach Chamber of Commerce~ expressed her gratitude
and appreciation for the City's support of the annual Delray Affair. Ms. Bialakis stated the
Delray Affair celebrated its 40th anniversary this year and commented that more than 250,000
people attended the event over the three days. Ms. Bialakis presented the City Commission with
a framed commemorative poster of the 40th anniversary for the Delray Affair.
CONSENT AGENDA: City Manager Recommends Approval.
8.A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify
the actions of the South Central Regional Wastewater Treatment and Disposal Board at their
Quarter Annual Meeting of April 18, 2002.
8..B. DISTRIBUTION OF FY 2003 DRUG CONTROL & SYSTEM
IMPROVEMENT FUNDS: Approve the distribution of FY 2003 Drug Control & System
Improvement (DCSI) funds (aka Byme funds) in the amount of $730,760 as recommended by
the Criminal Justice Commission, and authorize the Mayor to send a letter agreeing to the
allocation of these funds.
8.C. AWARD OF CONTRACT/CIGNA: Approve the City's Group Long-Term
Disability Plan with CIGNA effective May 1, 2002 for a period of two (2) years.
8.D. ADVANCED PUBLIC SAFETY~ INC. AGREEMENT: Approve an
agreement between the City of Delray Beach and Advanced Public Safety, Inc. for the research,
development of technology and equipment, and implementation of the Advanced Public Safety
(APS) Software for the Delray Beach Police Department.
8.E. CITY OF DELRAY BEACH/CRA/SANDERSON AGREEMENT: Approve
an agreement between the City of Delray Beach, Community Redevelopment Agency, and David
Sanderson in the total amount of $23,830.00 for the splitting of the cost of installing drainage
and brick pavers in the alley on the south side of Atlantic Avenue and just east of Northbound
U.S. 1.
8.F. AMENDMENT NO. 5fMATCHPOINT~ INC. AGREEMENT: Approve
Amendment No. 5 to the agreement between the City of Delray Beach and MatchPoint, Inc.
which provides that Matchpoint no longer has the right to sell naming rights for the Tennis
Center.
8.G. LOCAL DOMESTIC PREPAREDNESS EQUIPMENT PROGRAM
AGREEMENT: Approve an agreement between the City of Delray Beach, City of Boca Raton,
and the Division of Emergency Management to accept $165,000 worth of monitoring devices
and other equipment used to respond to hazardous material incidents and other acts related to
terrorist activities.
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5/07/02
8.H. RESOLUTION NO. 40-02: Approve a resolution requesting funds from the
Palm Beach County Emergency Medical Services Grant Award program to be used for the
purchase of one (1) Electronic Capnography Device, one (1) 12-Lead Monitor Defibrillator, and
one (1) Automatic Transport Ventilator.
The caption of Resolution No. 40-02 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REQUESTING FUNDS
FROM THE PALM BEACH COUNTY EMERGENCY
MEDICAL SERVICES GRANT AWARD PROGRAM FOR FY
2002/2003.
(The official copy of Resolution NO. 40-02 is on file in the City Clerk's office.)
8.I. CONTRACT ADDITION/RPM GENERAL CONTRACTORS~ INC.:
Approve a Contract Addition (C.O. #1) to the ESD/Police Department Interior Modifications
Project in the amount of $32,060.00 to RPM General Contractors, Inc. for the restoration of the
cupolas at Fire Headquarters. Funding is available from 334-6112-519-46.10 (Repair and
Maintenance/Building Maintenance).
8..I MODIFICATION TO PARKING LICENSE AGREEMENTS: Approve the
modification to Parking License Agreements regarding enforcement provisions and non-
restricted use of queuing areas by licensees.
8.K ACCEPTANCE OF EASTMENT DEED/H & S DEVELOPMENT: Approve
and accept an easement deed granting to the City the means to maintain a sanitary sewer main
that will be constructed by the developer of a warehouse building located on the south side of
S.W. l0th Street just east ofi-95.
8.L. BID AWARD/SOUTHEASTERN PUMP CORPORATION: Approve a
contract award to second lowest bidder, Southeastern Pump Corporation at an estimated annual
cost of $65,270.00 for submersible wastewater pumps. Funding is available from 441-5144-536-
46.20 (Water/Sewer Fund/Equipment Maintenance).
a.M,
FINAL SUBDIVISION PLAT APPROVAL/TOWN PLACE AT DELRAY:
Approve the subdivision plat for Town Place at Delray, located at the southwest intersection of
N.E. 6th Avenue and N.E. 2nd Street.
8.N.
FINAL SUBDIVISION PLAT APPROVAL/BORTON MOTORS PLAT 2:
Approve the boundary plat for Borton Motors, located on the east side of North Federal Highway
north of the Borton Volvo Property.
8.0. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve fund
subsidies for five (5) eligible applicants/families in the amount of $18,226.00 for 315 NW 12th
Avenue, $20,250.00 for 131 NW 11th Avenue, $20,250.00 for SW 8th Avenue, $22,500.00 for
SW 6th Avenue, and $22,500.00 for SW 6th Avenue. This brings the number to 142 homeowners
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5/07/02
assisted under the Renaissance Program. Funding is available from 118-1924-554-83.01 (SHIP
Program).
8.P.
HOUSING REHABILITATION GRANT, CONTRACT AWARDS: Approve
Housing Rehabilitation grant\contract awards through Community Development Division in the
amounts of $22,470.00 to Craftsman Plus, Inc. (310 NW 7th Avenue), $15,718.50 to Henry L.
Haywood (1302 Prospect Street), $17,325.00 to South Florida Construction (618 SW 5th
Avenue), $20,616.75 to Alpha South Construction (328 NW 11th Avenue), $14,568.75 to Preston
Construction (108 SW 8TM Street). Funding is available from 118-1963-554-49.19 (SHIP
Housing Rehabilitation Grant).
8.(~.
THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
8.R. RESOLUTION NO. 41-02: Approve Resolution No. 41-02 authorizing the
Community Redevelopment Agency (CRA) to acquire BiLo Market and Laundry by gift,
purchase, or eminent domain.
The caption of Resolution No. 41-02 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE
ACQUISITION OF CERTAIN REAL PROPERTY AS
HEREINAFTER DESCRIBED BY THE DELRAY BEACH
COMMUNITY REDEVELOPMENT AGENCY BY GIFT,
PURCHASE OR EMINENT DOMAIN; PROVIDING AN
EFFECTIVE DATE, AND FOR OTHER PURPOSES.
(The official copy of Resolution No. 41-02 is on file in the City Clerk's office.)
8.S. PINEAPPLE GROVE MAIN STREET~ INC. AGREEMENT: Approve an
agreement between the City of Delray Beach and Pineapple Grove Main Street, Inc. in the
amount of $45,000.00 for the reimbursement of expenses for certain streetscape elements.
8.T.
ITEM MOVED TO REGULAR AGENDA AS ITEM 9.I.
8.U. GRANT APPLICATION TO CHILDREN'S SERVICES COUNCIL:
Authorize staff to submit a grant application to the Children's Services Council (CSC) for
funding in the approximate amount of $130,328.00 for the City's out of school program, day
camps and summer camp programs.
8.V. SHERWOOD FOREST HOMEOWNERS ASSOCIATION TRAFFIC
ENFORCEMENT AGREEMENT: Approve an agreement between the City and Sherwood
Forest Homeowners Association for Community Policing on its property.
8.Wo
SUBORDINATION AGREEMENT FOR COMMUNITY DEVELOPMENT
FUNDING RECIPIENT: Authorize and approve subordination of the City's second mortgage
in the amount of $16,775.00 to allow the applicant to secure new financing.
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5/07/02
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REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period April 15,
2002 through May 3, 2002.
8°Y.
AWARD OF BIDS AND CONTRACTS:
1_ Purchase award to Turner Outdoor Equipment in the total amount of
$22,623.44 via the Orange County School Board Bid #99-04-08 for one
(1) John Deere Tractor/Front End Loader for the Delray Beach Golf
Course. Funding is available from 445-4761-572-64.90 (Delray Beach
Municipal Golf Course Fund/Other Machinery/Equipment).
2_ Purchase award to Hector Turf in the amount of $17,499.39 via General
Services Administration (GSA) contract #GS-07F-8722D (18HO) for one
(1) Greensmaster 3100 (18HP) tractor. Funding is available from 446-
4761-572-64.90 (Lakeview Golf Course Fund/Other
Machinery/Equipment).
3_ Service award to Pressure Cleaning Services, Inc. (sole service provider)
in the total amount of $16,800.00 for the cleaning (descaling) of Clarifier
#1 at the Water Treatment Plant. Funding is available from 441-5122-
536-34.90 (Water Treatment & Storage/Other Contractual Services).
4_ Purchase award to Municipal Code Corporation in the amount of
$14,000.00 for the reprint and codification of the City Code of Ordinances
to include thirty-seven (37) new books and a computer software program.
Funding is available from 001-1411-512-47.90 (Other Printing Costs).
Mrs. Archer moved to approve the Consent Agenda as amended, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr.
Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion
passed with a 5 to 0 vote.
9_. REGULAR AGENDA:
9.A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION/SHERWOOD PONTIAC DEALERSHIP: Consider an appeal of a decision of the
Site Plan Review and Appearance Board's action regarding Sherwood Pontiac Dealership,
located on the west side of Federal Highway, south of Linton Boulevard. Quasi-Judicial
Hearing
The City Attorney stated this item will be conducted as a quasi-judicial heating,
which allows for presentations by all involved parties, the admission of documents into the
record and public testimony.
The City Attorney asked the Commission to disclose any ex parte contacts for the
record. Mr. Levinson, Ms. McCarthy, Mayor Schmidt, Mr. Perlman, and Mrs. Archer had no ex
parte contacts.
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5/07/02
The City Attorney stated anyone from the public who wishes to address the
Commission regarding the appeal, to please step forward at this time and be sworn in by the City
Clerk.
Barbara Garito, City Clerk, swore in those individuals who wished to give
testimony on this item.
Paul Doffing, Director of Planning and Zoning, entered the Planning and Zoning
project file #2002-051 into the record.
Mr. Doding stated on November 15, 2000, the Site Plan Review and Appearance
Board (SPRAB) approved a modification to the property which included a demolition of the
existing showroom at Sherwood Pontiac with construction of a new showroom with a write-up
building along the north side. The write-up building contained a store-front style overhead door
that consisted of multi-pane windows. The applicant requested replacing the store-front
overhead door with a non-decorative metal roll-up door. The Board denied this request since the
write-up area doors will be visible from Federal Highway and that the metal roll-up doors would
be aesthetically incompatible along this arterial road.
On April 10, 2002, SPRAB considered an amendment which involved a 2,255
square foot second floor addition on the write-up building and a change to the overhead door.
The change from the previously approved storefront overhead door was to a non-decorative
metal roll-up door.
The Board's motion was to approve the modification request subject to the
applicant retaining the previously approved door or providing an alternative decorative door.
Roger G. Saberson, Attorney for Sherwood Pontiac GMC Truck, Inc., stated
the dealership was originally approved for a major renovation, demolition of the existing
showroom, and reconstruction of a new showroom which is currently under construction and will
be a major aesthetic improvement to this area as well as a functional improvement. Mr.
Saberson stated as a dealership they have practical considerations, problems, and limitations with
using the glass doors given the fact that the second storage has been done for the service write-up
area. In terms of height, Mr. Saberson stated originally the service write-up area was
approximately 1 ½ stories.
Mark Marsh, architect with Digby Bridues. Marsh & Associates~ P.A., stated
the previously approved sectional overhead doors which are now reduced in height to ten feet be
modified and changed to an aluminum metal door rather than the sectional glass door.
Mr. Saberson stated aside from the operation during the day and having the doors
open and in the event there were glass doors with hurricane shutter type doors in front of the
glass doors, the owner may have to draw the aluminum metal doors down in the evening for
security purposes. Furthermore, Mr. Saberson stated there is an area where all the service
records are kept along with computer systems and other equipment the dealership uses. Mr.
Saberson gave a brief presentation showing an example of the roll-up doors versus those that are
termed decorative doors. He urged the Commission to give the applicant credit for the
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5/07/02
substantial improvement, renovation, and aesthetic appeal that they now have for the new
dealership in addition to giving the applicant the ability and flexibility to use metal roll-up doors.
Mr. Levinson asked which way the doors to the service area currently face and if
the doors could have faced a different way. In response, Mr. Marsh stated these doors face north
and used to be behind the old showroom building and could not have faced any other way due to
setback limitations. Mr. Marsh stated the area was an open patio that had no other contemporary
facilities for sales and commented that they looked at the north and the south side. However,
functionally Mr. Marsh stated that is because of the management linkage between that part of the
department and the service bay area.
Mr. Dorling stated there are twenty-four dealerships and five having doors that
face the right-of-way. Three of those have varying degrees of metal doors and have significant
setbacks from the road greater than what is being presented.
Mr. Levinson asked if the dealership will have an alarm system. In response, Mr.
Marsh stated the dealership will have some type of alarm system and because of the storage of
the materials (service records and equipment) he feels this could be a vulnerable situation. Mr.
Levinson stated he has looked over the materials and the presentation Mr. Marsh has provided
and stated he has a problem with making an adjustment now and feels there are alternatives that
Mr. Marsh can use to mitigate the problem. Mr. Marsh stated the dealership is set back
substantially from the street and secondly they have upgraded the front of the building. Mr.
Marsh stated the facility was upgraded tremendously and was unanimously agreed upon by
Mayor Schmidt asked if any of the other dealers have glass roll-up doors like
SPRAB would like installed. In response, Mr. Dorling stated there are none that he is aware of.
Mr. Dorling reiterated that the motion from SPRAB was that the applicant either retain the glass
or provide something else that is more decorative then what is being proposed and therefore it is
not limited to glass or a roll-up door.
With regard to the doors, Mr. Perlman asked if something were to be done that is
decorative could it also be decorative and practical. In response, Mr. Marsh stated the limitation
on a decorative door would that it would have to be a sectional kind of door. Mr. Perlman asked
if Mr. Marsh could have a decorative door that could meet the windstorm and security
requirements. Mr. Marsh stated it would be very similar to a garage door like at home (raised
panel) and he cannot agree that this is more aesthetically pleasing than something that is totally
inconspicuous and fades out with the building.
Ms. McCarthy asked if there is some kind of compromise. In response, Mr.
Dorling stated his understanding is that SPRAB feels that there are some more aesthetically
pleasing compromises that can be proposed.
Mayor Schmidt asked if there is motion to approve the appeal. No one made a
motion to approve the appeal.
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5/07/02
Mr. Levinson moved to deny the appeal, seconded by Mrs. Archer. Upon roll call
the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes;
Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion to deny passed with a 5 to 0 vote.
PUBLIC HEARINGS:
NONE.
At this point, the Commission moved to Item 11, Comments and Inquiries on
Non-Agenda Items from the City Manager and the Public.
ll.A.
Ci~, Manager's response to prior public comments and inquiries.
In response to a concem regarding the need for bike racks in the downtown area,
the City Manager stated the City's Comprehensive Plan calls for the installation of bicycle
facilities in the downtown area to accommodate and encourage the use of bicycle as
transportation. These could include bike racks, bike lockers, and other bicycle parking facilities.
In addition, transportation policies in the Comprehensive Plan call for a design of bicycle lanes
on collector arterial roadways and requires bicycle parking on all new development and
redevelopment projects. Implementation of these policies as was the designation of the current
staff person to coordinate bicycle issues in the City is a good start in making Delray Beach more
bicycle-friendly.
Secondly, with regard to a concern expressed by a resident who lives on N.W.
22nd Street about speeding in the area, the City Manager stated in the past the Police Department
has conducted nine selective enforcement operations in this area and since that time they have
not received further complaints. However, the City Manager stated the Police Department will
be setting up in that area for some follow-up investigation for this particular complaint.
With regard to a concern expressed by Mr. Calvisi who resides at 1206 N.E. 2nd
Avenue #2 in Delray Beach, the City Manager stated Mr. Calvisi relayed to the Commission his
concern about the different construction sites between his residence and place of employment.
The City Manager stated one of the City employees drove the route and mentioned to the City
Commission that he noticed a number of construction sites (West Atlantic Avenue and
sidewalks, 1-95 and Atlantic Avenue interchange, and 1-95 and Lowson Boulevard overpass).
The City Manager stated all these sites are swept weekly by Public Works and they sweep up to
the barricades that are in place. However, because they are active construction zones there is a
considerable amount of debris that daily finds its way on to the roadway. The City Manager
stated all these areas are FDOT projects with the exception of the West Atlantic Avenue
sidewalk and street lighting project. The construction zones also tend to be high traffic accident
areas and the City has asked the Police Department to insure that they require the tow truck
operators to clean up the site after an accident prior to leaving the area. The City Manager stated
the City will also increase the frequency of sweeping in these areas while construction continues.
The City Manager stated there was also a concern expressed about cement tracks
dropping wet concrete on the roadway which causes problems for bike riders. The City Manager
explained that this problem usually occurs along the Congress Avenue corridor because of the
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5/07/02
close proximity to the cement plants. Cement trucks are sometimes overfilled at the plant and
cement leaks out of the tumbler and consequently ends up on the roadway. He further stated
usually this occurs when cement trucks turn which causes the load in the tumbler to shift. The
Public Works Department receives a few phone calls every month for the Police Department
requesting that the City clean up cement in the roadway. If the cement hardens, Public Works
uses a grinder to remove it. This is done 2-3 times a year depending on how much of a traffic
hazard it is. Public Works staff has had discussions with the two local cement companies about
this problem and in several cases the City has required the cement company to remove the
concrete from the roadway. This however can only be done when the City can determine the
certainty of who is responsible for the problem.
ll.B.
From the Public.
ll.B.1. Kevin Warner, 248 Venetian Drivel commented about a newspaper article in
the Sun-Sentinel regarding Atlantic Grove and stated there were some comments made by the
community about the higher cost of the townhouses and complaints about how the project has
moved beyond their reach financially. In addition, Mr. Warner commented about a quote in the
newspaper article made by a City Commissioner. Mr. Warner stated the City did not build
enough controls for this project and asked the Commission where they were when decisions were
being made for this project.
ll.B.2. Rosetta Rolle, 301 N.W. 3rd Avenue, expressed concern over several young
children playing on N.W. 3rd Avenue between 3rd Street and Lake Ida Road. Ms. Rolle stated
she is concemed with the volume of traffic on N.W. 3rd Avenue and suggested that the City erect
signs that read "Children Playing" to alert the drivers. In addition, Ms. Rolle suggested that the
City enforce the speed limit so that people who speed on this street will slow down.
ll.B.3. Jennifer Wood, 120 North Ocean Boulevard, stated it is now turtle nesting
season and there are many residences along A-1-A that are not abiding by the protocol and have
bright shining lights i.e. a few of the local businesses and large homes next to the Seagate Beach
Club (near Casuarina Road and continuing further south). With regard to the lighting, Ms. Wood
stated that people are not abiding by the State Statutes.
Secondly, with regard to the barges along the intracoastal, Ms. Wood stated there
are some evenings when the barges are going up and down the intracoastal as late as 1:00-2:00
a.m. Ms. Wood commented that when the barges pass by the sound vibrates in the water for an
additional 15-20 minutes. She asked if there is an exact cut-off time for the barges to travel up
and down the intracoastal and suggested that they start their business at 4:30 a.m. or 5:00 a.m.
versus 1:30 a.m. or 2:00 a.m.
With regard to the airport expansion, Ms. Wood stated there are many people who
are opposed to the airport expansion. Ms. Wood stated there are going to be more jet and plane
traffic in the area and feels this will only add to the noise. Ms. Wood continued to state that
some people are not aware of the pollutants which come from the jets and planes are not healthy.
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5/07/02
Ms. Wood stated many people are also opposed to jet streamer advertisements
and on var/ous Sunday's jets go up and down the ocean and instead of the banners the jets have
jet streams. Ms. Wood stated it could be a perfectly sunny day when the jets come by and light
off signs and at that point there is cloud coverage for approximately 4-5 hours. Ms. Wood stated
she enjoys the beautiful blue skies and does not want to see the blue sky emitted with cloud
coverage or chemicals.
Ms. Wood suggested instead of landscape businesses using gas blowers that they
use plug-in or battery operated gas blowers because she does not like the smell of the gas
blowers.
ll.B.4. Charlotte Wright, 802 N.W. 2nd Street expressed concern over an incident
which occurred on April 28, 2002, at Pompey Park Recreation Center between 3:00-6:00 p.m.
between a mentally handicapped individual and law enforcement personnel. Ms. Wright stated
another individual was with this handicapped individual when arrested and taken to the Delray
Beach Police Department and released within 15 minutes. Ms. Wright expressed concern over
the child being abused and would like to know what the probable cause was for his arrest.
ll.B.5. Jeff Spear, President of Spear Coral Corporation, 3721 S.W. 47th Avenue,
#307, Fort Lauderdale, stated he is here this evening to speak under Item 9.B., Appeal of
Building Official Decision/Coral Trace. The City Commission explained that this item has not
yet been addressed but would be later this evening.
ll.B.6. John Bennett, 137 Seabreeze Avenue, stated he would like to follow-up on the
answer that the City Manager gave him at the last meeting about the trees at the Lane
Subdivision. Mr. Bennett commented about the triple permit fee and feels the City's rules have
been violated. In addition, Mr. Bennett stated the sanction is not anything that would not deter
anyone of that kind of operation. He suggested that the Commission revisit the penalty portion
of the City Code and come up with a sliding scale.
Speaking on behalf of the BPOA, Mr. Bennett commented about the outdoor
dining for the Old Calypso restaurant. Mr. Bennett stated a complaint regarding outdoor dining
was brought before SPRAB approximately one year ago. As a condition of the outdoor dining,
the restaurant was told they had to build a wall and put up an awning, neither of which has been
done and the restaurant once again has outdoor dining. Mr. Bennett stated the City needs to
make sure that there are adequate controls in order to insure that everyone will obey the law.
ll.B.7. Jack Thomas~ Secretary/Treasurer of Carolina Cabana holder of the
contract for Beach Services, stated he is here to present a proposal to amend the contract but
needs more than three minutes to speak.
Mayor Schmidt suggested the Mr. Thomas give the City Manager a copy of his
proposal and see about scheduling this item on the agenda.
11.B.8. Alice Finst, 707 Place Tavant, expressed concern over the outdoor dining along
Atlantic Avenue and stated there is no room to walk because of the tables and diners.
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5/07/02
Secondly, Ms. Finst expressed concern over the new buildings going up on
Federal Highway and stated it seems that the City Codes are not producing the kind of buildings
that she would like to see downtown. Ms. Finst stated recently SPRAB approved a building
which ended up being on two sides of the street (south end of Federal Highway). Ms. Finst
stated it is very difficult to maintain the speed limit and commented that people will have to
cross Federal Highway to use the pool.
ll.B.9. Candy Killian, Alumni of Atlantic High School, read a passage from the
National Trust for Historic Preservation regarding historic sites. Ms. Killian stated she
wholeheartedly supports the Commission in trying to fight for the Post Office but does not
understand why Atlantic High School is not important. Ms. Killian commented that the
Commission has done so much to preserve the history of Delray Beach and stated the
Commission will be remembered as a Commission that went down in Delray history.
ll.B.10. Jennifer Speech, expressed concern over the litter and trash on the streets
throughout the community that is not being picked up. Ms. Speech urged the Commission to
consider fining individuals for littering.
Secondly, on Atlantic Avenue underneath the bridge, Ms. Speech stated there is
an old discarded sign from the City and it appears there is no manicuring of that area at all.
Ms. Speech stated there are two signs asking Pat Archer to be voted for City
Commission and asked that these signs be removed.
At this point, the Commission moved to Item 9.K., Purchase of Breezy Ridge
Properties.
9.K. PURCHASE OF BREEZY RIDGE PROPERTIES: Consider approval of
contracts for the purchase of twenty-two (22) Breezy Ridge properties.
The City Attorney stated in the memo there are twenty-two (22) properties listed
with the prices and two addendums with five additional contracts with prices associated with the
contracts. The City Attorney thanked everyone who met with her and stated everyone she met
with was quite lovely and it was an enjoyable experience.
Mr. Levinson commented that it is great that these people have come forth and
done this on behalf of the City and he personally appreciates their willingness to help in this
difficult situation.
Mrs. Archer moved to approve the contracts for purchase of twenty-seven (27)
Breezy Ridge Properties, seconded by Mr. Levinson. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes;
Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote.
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5/07/02
At this point, the time being 7:32 p.m., the Commission moved to Item 9.B.,
Appeal of Building Official Decision/Coral Trace of the Regular Agenda.
9.B. APPEAL OF BUILDING OFFICIAL DECISION/CORAL TRACE:
Consider an appeal of a decision of the Chief Building Official's action regarding the 6 month
extension of an on-site construction trailer in the Coral Trace Subdivision. Quasi-Judicial
Hearing
The City Attorney stated this item will be conducted as a quasi-judicial heating,
which allows for presentations by all involved parties, the admission of documents into the
record and public testimony.
The City Attorney asked the Commission to disclose any ex parte contacts for the
record· Mrs. Archer, Mr. Peflman, Mayor Schmidt and Ms. McCarthy had no ex parte contacts.
Mr. Levinson stated he spoke to Jane Finkel, Treasurer of the Coral Trace Homeowners'
Association.
The City Attorney stated anyone from the public who wishes to address the
Commission regarding the appeal, to please step forward at this time and be sworn in by the City
Clerk.
Barbara Garito, City Clerk, swore in those individuals who wished to give
testimony on this item.
George Diaz, Deputy Building Official, stated this item is a request from Jeffrey
N. Spear who is a developer of the Coral Trace Development to extend the temporary permit
issued for the on-site construction trailer to a period of up to six (6) months after final close-out.
Pursuant to LDR Section 2.4.6(H) Temporary Use Permit: The Chief Building
Official has the authority to grant a Temporary Use Permit for a construction trailer. Typically,
the construction trailer is removed from the site upon or soon after the last Certificate of
Occupancy (CO). Mr. Diaz stated when the Certificate of Occupancy (CO) is issued for the last
unit the City will no longer have any control that the public will not be coming into the
construction trailer. As the trailer does not comply with the code requirements, Mr. Diaz stated
this could potentially pose liability issues for the City. Mr. Diaz stated that in the past the City
has not granted any extension for this type of request and if granted it would set a precedent and
therefore he recommends denial of the request. Furthermore, Mr. Diaz stated he would also like
to note that there are two other utility vehicles located next to the trailer where materials are
being stored and staff is also requesting that these be removed.
Jeff Spear~ President of Spear Coral Corporation~ 3721 S.W. 37th Avenue
#307 Fort Lauderdale~ stated the utility vehicles Mr. Diaz is referring to were removed in the
last two days. Mr. Spear stated in terms of a safety issue the trailer is tied down.
There being no one else from the public who wished to address the Commission
regarding the appeal, the public heating was closed.
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5/07/02
Discussion by the Commission followed.
Mrs. Archer asked how many homes closed in the last three months. In response,
Mr. Spear stated approximately 40-50 homes have closed within the last three months. Mrs.
Archer inquired about the size of the trailer and whether or not the trailer has ever been used as a
sales office. Mr. Spear stated the trailer is 8 feet by 40 feet and explained that the trailer has only
been used as a construction trailer and at no time has it been used as a sales office.
Ms. McCarthy asked if the complex has a clubhouse and whether or not Mr. Spear
has the ability to use the clubhouse. In response, Mr. Spear stated the complex has a clubhouse
and stated he could probably insist to use the clubhouse for the next 45 days at which time he is
still in control. Mr. Spear anticipates turning over control of the association by the end of June.
Mr. Spear stated he has been asked by the advisory committee of the homeowners to not use the
clubhouse but instead they prefer that he use the trailer.
Ms. McCarthy stated when she reviewed this item she thought it was a good idea
for Mr. Spear to be around after the fact because people feel so vulnerable especially after a
builder leaves. Ms. McCarthy stated she is always looking for a way to come up with a
compromise. Ms. McCarthy stated if this advisory committee and the homeowners' have closed
and purchased properties through Mr. Spear and are really concerned about this, she feels as an
alternative they should be willing to share that space for this limited period of time.
Mr. Spear stated he completely understands this being an altemative. However,
Mr. Spear stated there is only one room that is an office in the clubhouse and the rest is for
public use. He feels he needs two people on-site for at least three months. Mr. Spear continued
to state there are numerous supplies and file cabinets that are currently being stored in the trailer.
Ms. McCarthy stated she was lead to believe that the people who would be
servicing these warranties would be subcontractors and providing their own materials. Mr. Spear
stated there is quite a bit of coordination in the process in doing it correctly. Mr. Spear stated
there are occasional disputes between the homeowner and the subcontractor and noted there is a
certain amount of work that is not particularly the responsibility of the subcontractor. Mr. Spear
continued to state that he has people on the payroll that do quite a bit of the customer service
work. One person that would be working out of this trailer would be a service man who would
perform the actual skills in the house itself. Another person would be a coordinator who would
keep track of all the work by logging it in, talking to the homeowners' and scheduling
appointments.
Mayor Schmidt asked if there are any units that have not been sold for the first
time. In response, Mr. Spear stated there is one unit that has not been sold for the first time.
Mayor Schmidt stated from his experience as an attorney dealing with homeowners' who buy
from developers that if you do not knock out your punch list within 30 days after closing there
end up being some real construction problems. Mayor Schmidt does not feel a trailer is needed
on-site to be dealing with warranty items long-term versus short-term punch list items. Mayor
Schmidt stated he cannot see setting a precedent because there does not seem to be the support
necessary and therefore he cannot support the request.
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5/07/02
Mr. Levinson stated he spoke with Jane Finkle, Treasurer of the Coral Trace
Homeowners' Association, and her comment was that it was convenient to have the trailer
located on-site because this way a homeowner could go to someone who is physically there. Mr.
Levinson stated he cannot support the extension of six months but could support leaving the
trailer on-site for an additional 30-60 days beyond today or after the last CO is issued.
Mrs. Archer stated having purchased a home from a developer approximately ten
years ago, most of the homeowners were very happy to have the developer on site for a while
after the development was sold out. Mrs. Archer stated she does not feel most homeowners will
wait six months to complete their punch lists. Mrs. Archer stated she can support leaving the
trailer on site for an additional 30 days or a maximum of 60 days.
Mr. Perlman asked if Commission adequately discussed the liability issues. The
City Attorney stated there are no liability issues because the City is protected by sovereign
immunity for permitting and licensing issues.
Mr. Levinson moved to approve granting a 60-day extension after the last
Certificate of Occupancy (CO) is issued provided not more than 90-days from today, seconded
by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion
passed with a 5 to 0 vote.
9.C. CONDITIONAL USE REQUEST/PINEAPPLE GROVE VILLAGE:
Consider a conditional use request to allow a density in excess of thirty (30) dwelling units per
acre (39.2 units per acre) for the proposed 160 unit Pineapple Grove Village Apartment
Complex, located on the east and west sides of N.E. 3rd Avenue, between N.E. 3rd Street and
N.E. 2nd Street and extends approximately 154 feet south of N.E. 2nd Street. Quasi-Judicial
Hearing
The City Attorney stated this item will be conducted as a quasi-judicial hearing,
which allows for presentations by all involved parties, the admission of documents into the
record and public testimony.
The City Attomey asked the Commission to disclose any ex parte contacts for the
record. Mayor Schmidt, Mr. Perlman, Mrs. Archer, and Ms. McCarthy had no ex parte contacts.
Mr. Levinson stated he spoke with Paul Slattery, Architect with Slattery & Associates.
The City Attorney stated anyone from the public who wishes to address the
Commission regarding the Conditional Use request, to please step forward at this time and be
sworn in by the City Clerk.
Barbara Garito, City Clerk, swore in those individuals who wished to give
testimony on this item.
Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning
project file #2002-128 into the record.
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5/07/02
The conditional use request involves the establishment of a multi-family
residential development consisting of 136 apartments in two 5-story buildings and 24 townhouse
units with a density that will exceed 30 units to the acre by 9.22 units for a total of 39.22 du/ac.
The request will also involve the demolition of 11 existing commercial and residential buildings
on the two blocks and the construction of the apartment buildings. The first floors of the two
apartment buildings will be parking and there will be two additional parking areas located along
the south side of the property. The apartments will consist of forty one-bedroom units and 80
two-bedroom units and 16 three-bedroom units, while the townhouses have 18 two-bedroom
units. Mr. Dorling stated the development will also include a 1,600 square foot clubhouse and
pool. Additional amenities for the residents include a fitness room, billiards room, business
center, garages, and storage rooms.
Mr. Dorling stated the required findings with respect to Chapter 3, the Conditional
Use Findings, and the Performance Standards are discussed in the Planning and Zoning Staff
Report. As required with the text change, the applicant has worked closely with the Pineapple
Grove Design Committee with respect to meeting and exceeding the performance standards.
At its meeting of April 9, 2002, the Design Review Committee reviewed the
proposal and recommended approval of the development proposal based upon positive findings
with respect to performance standards of LDR Section 4.4.13(1) and the Design Guidelines of the
Pineapple Grove Main Street Neighborhood Plan, subject to the three conditions listed on Page
19 of the Planning and Zoning Staff Report. At its meeting of April 11, 2002, the Community
Redevelopment Agency (CRA) reviewed the Conditional Use Request and recommended
approval subject to several conditions as listed on Page 19 and 20 of the Planning and Zoning
Staff Report. At its meeting of March 20, 2002, the Downtown Development Authority (DDA)
reviewed the proposal and unanimously recommended approval.
Mr. Dorling stated staff recommends approval of the Conditional Use request to
allow a residential development with a density greater than 30 dwelling units for Pineapple
Grove Village, based upon positive findings with respect to LDR Section 4.4.13(1) (Performance
Standards for Density), the Pineapple Grove Neighborhood Plan, Chapter 3 (Performance
Standards), and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development
Regulations, and consistency with the policies of the Comprehensive Plan, subject to the
conditions as listed on Page 22-23 Item #1-17 and Page 24-25 Item #1-35.
John Corbett~ Attorney with Corbett & White representing the applicant
(RAM Development Company), stated on November 20, 2001, the City Commission adopted a
text change to allow conditional usc for residential development in the CBD-RC Zoning District.
At that time, Mr. Corbett stated the applicant requested the text change in order to bring forward
this specific project for this site. Mr. Corbctt stated the applicant is requesting the approval of a
Conditional Usc to allow the 160-unit apartment and town_house project on this 4.08 acre site.
Mr. Corbett stated as the Planning and Zoning Staff Report articulates a critical missing element
in the downtown is a significant housing development. This project will locate 160 households
adjacent to Pineapple Grove Way and in close proximity to the existing and future retail
restaurant and service businesses to thc downtown. These units will provide a source of
customers year-round and an opportunity for employee housing. In addition, the project will
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provide the additional benefit of much needed parking for the downtown.
Paul Slatterg. ~ Architect with Slattery and Associates~ gave a brief PowerPoint
presentation regarding the proposal. Mr. Slattery explained the site plan and stated there are two
apartment buildings four levels above parking located on either side of N.E. 3rd Avenue. Mr.
Slattery explained that the concept behind the project is anyone approaching the project whether
it be a pedestrian or vehicular always approaches a project coming north, south, east, or west,
and approaches and passes one of the three-story townhouse buildings prior to entering the heart
of the village. There is a one-story recreation building and a pool area abutting this apartment
building. For the apartment buildings, the majority of the parking is below the building and the
town homes have garages within them and guest parking adjacent to the town homes.
Mr. Corbett stated in summary the staff report and presentations have
demonstrated this project meets all of the required standards and the required findings can be
positively made. Therefore, Mr. Corbett stated the applicant respectfully requests the approval
of this Conditional Use.
The following individuals from the public came forward to address the
Commission:
John Bennett~ President of Progressive Residents of Delray (PROD) soeakine
on behalf of the organization, stated PROD supports this project because they feel thc stepping
up to thc center core for thc town homes is a nice feature. In addition, PROD feels it is important
to have residential units downtown and that the density be within a range that is appropriate.
Diane Dominguez, CRA Director, reiterated how closely the applicant has
worked with the CRA staff in particular Thuy Shutt, Urban Designer, on making some
significant changes to what was originally proposed and making the project more compatible
with the Pineapple Grove area. Ms. Dominguez stated the CRA feels this is going to be a terrific
project and they wholeheartedly support.
There being no one else from the public who wished to address the Commission
regarding the Conditional Use request, the public hearing was closed.
Mrs. Archer stated on N.E. 2nd Street in front of the clubhouse there are two
parking spaces. Mrs. Archer continued to state that quite often she drives down N.E. 3rd Street
and makes a left into the location and commented that with the rise in the road going to the
railroad tracks when cars park there it is exceptionally difficult to see oncoming traffic going
west on N.E. 2"d Street. Mrs. Archer stated that if there is parking there and if there is also
vegetation on that comer so someone driving cannot see beyond there, she feels it will be a very
difficult situation because there will be increased traffic at that location. Otherwise, she feels
this is a very good project.
Mr. Perlman commended the development team for the work they have done.
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Mayor Schmidt stated the way the project has turned out is exceptional given the
location. However, he stated if this building was flipped over half a block it would have a
tremendous negative impact on Pineapple Grove instead of a positive one. Mr. Perlman stated
he is hoping with the design guidelines that this will be addressed and commented that he agrees
with comments expressed by Mayor Schmidt.
Mr. Perlman moved to approve the Conditional Use request to allow a density in
excess of thirty (30) dwelling units per acre for Pineapple Grove Village, based upon positive
findings with respect to LDR Section 4.4.13(1) as set forth in the staff report and subject to the
conditions contained in the staff report, seconded by Mr. Levinson. Upon roll call the
Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy- Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote.
During the Quasi-Judicial Hearing of Item 9.C., Conditional Use
Request/Pineapple Grove Village, the Commission moved to Item 9.J., Resolution No. 37-02
(Mid-Year Budget Adjustment).
9.J. RESOLUTION NO. 37-02 {MID-YEAR BUDGET ADJUSTMENT):
Consider approval of a resolution making mid-year adjustments to the adopted budget for FY
2002.
The caption of Resolution No. 37-02 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION
NO. 56-01 ADOPTED SEPTEMBER 19, 2001, WHICH MADE
APPROPRIATIONS OF SUMS OF MONEY FOR ALL
NECESSARY EXPENDITURES OF THE CITY OF DELRAY
BEACH, FLORIDA, FOR THE FISCAL YEAR 2001/2002, BY
SETTING FORTH THE ANTICIPATED REVENUES AND
EXPENDITURES FOR THE OPERATING FUNDS OF THE
CITY FOR THE FISCAL YEAR 2001/2002; REPEALING ALL
RESOLUTIONS INCONSISTENT HEREWITH.
(The official copy of Resolution No. 37-02 is on file in the City Clerk's office.)
Mr. Perlman moved to approve Resolution No. 37-02, seconded by Mr. Levinson.
Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes;
Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0
vote.
At this point, the Commission moved to Item 9.H., Resolution No. 38-02.
9.H. RESOLUTION NO. 38-02: Consider approval of Resolution No. 38-02
authorizing the City to purchase property for storm water retention located east of Congress
Avenue and on the north side of Dr. Carol Kroll Way; and Contract for Sale and Purchase
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between the City and Reddy Ice Corporation in the amount of $661,400.00.
The caption of Resolution No. 38-02 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY
TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY
IN PALM BEACH COUNTY, FLORIDA, DESCRIBED AS
PARCEL C, LL PARK OF COMMERCE REPLAT LOCATED
EAST OF CONGRESS AVENUE AND ON THE NORTH SIDE
OF DR. CAROL KROLL WAY AS MORE PARTICULARLY
DESCRIBED HEREIN; HEREBY INCORPORATING AND
ACCEPTING THE CONTRACT STATING THE TERMS AND
CONDITIONS FOR THE SALE AND PURCHASE BETWEEN
REDDY ICE CORPORATION AND THE CITY OF DELRAY
BEACH, FLORIDA.
(The official copy of Resolution No. 38-02 is on file in the City Clerk's office.)
Mr. Perlman moved to approve Resolution No. 38-02, seconded by Mrs. Archer.
Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes;
Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0
vote.
At this point, the Commission moved to Item 9.D. Request For In-Lieu Parking
Spaces/San Sebastian of the Regular Agenda.
9.D. REQUEST FOR IN-LIEU PARKING SPACES/SAN SEBASTIAN: Consider
a request by San Sebastian for the purchase of six (6) in-lieu parking spaces and the construction
of fifteen (15) on-street parking spaces in adjacent rights-of-way. San Sebastian, a proposed
thirty-two (32) unit townhouse development, is located at the southeast and southwest comer of
N.E. 5th Avenue and N.E. 3rd Street.
Paul Dorling, Director of Planning and Zoning, stated San Sebastian is a proposed
development containing 32 town home located on the south side ofN.E. 3ra Street from N.E. 4th
Avenue to the alley east of N.E. 5th Avenue. The development proposes 70 on-site spaces while
64 spaces are provided. The applicant is requesting six in-lieu parking spaces at a cost of
$12,000 each. With the project there will be an additional fifteen parking spaces that are
provided along N.E. 5th Avenue and N.E. 3ra Street. The applicant pursuant to Section 4.6.9 will
seek reimbursement of the in-lieu fee for the total costs to build the additional fifteen spaces.
Brief discussion by the Commission followed.
Mr. Levinson moved to approve the request by San Sebastian for the purchase of
(6) in-lieu parking spaces and the construction of fifteen on-street parking spaces, seconded by
Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion
passed with a 5 to 0 vote.
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9~E.
REQUEST FOR SIDEWALK DEFERRAL/1021 LEWIS COVE ROAD:
Consider a request from Cheryl Coletti to defer the installation of a sidewalk in front of 1021
Lewis Cove Road (Delray Beach Shores Subdivision). Staff recommends approval.
Dick Hasko, Deputy Director of Public Utilities, stated there are no existing
sidewalks on this street or in the neighborhood other than the pedestrian/bike path on A-1-A.
There are currently no plans to do any work in this area for sidewalks. Therefore, Mr. Hasko
stated in this particular case staff supports the sidewalk deferral.
Ms. McCarthy asked if the City has any long-term plans for installing sidewalks
in this area. In response, Mr. Hasko stated at this point there are neither programs nor funding
available specifically for this area.
Mrs. Archer moved to approve the sidewalk deferral in from of 1021 Lewis Cove
Road, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mrs. Archer - Yes. Said motion
passed with a 4 to 0 vote.
Prior to the vote, Mr. Perlman left the dais.
9.F. SPECIAL EVENT REQUEST/4th ANNUAL GARLIC FESTIVAL: Consider
a request for special event approval for the 4th Annual Garlic Festival to be held November 1-3,
2002, including temporary use permit for use of City rights-of-way, sign code waiver to allow
signs more than one week prior to the event, staff assistance as requested, and consideration of
waiver of up to 50% of staff overtime.
At this point, Mr. Perlman remmed to the dais.
Robert A. Barcinski, Assistant City Manager, stated this item is a request to
endorse the Fourth Annual Garlic Festival to be held on November 1-3, 2002, to grant a
temporary use permit per LDR's Section 2.4.6(H) for use of City fights-of-way (N.E. 1st Avenue
from Atlantic to N.E. 1st Street and N.E. 2nd Avenue from the alley just north of Atlantic to N.E.
1st Street) and that these streets be barricaded on October 31, 2002, at 6:00 a.m. In addition, Mr.
Barcinski stated the request includes allowing signage and banners to be placed more than one
week prior to the event, to provide staff support as outlined for security traffic control, clean-up,
and to split the overtime costs 60/40. The estimated overtime costs for this event is $20,320.
Staff recommends to barricade N.E. 2nd Avenue and a 60/40 split of overtime costs with the
event sponsor paying 60 percent.
Bern Ryan~ speaking for the Delra¥ Beach Garlic Festival~ thanked the City
for their support over the last three years and thoroughly understands the desire of City staff to
recoup some of the overtime costs and is willing to pay 60 percent of the overtime costs.
However, Mr. Ryan stated with regard to closing N.E. 2nd Avenue because of numerous reasons.
Mr. Ryan stated the first reason is for economic reasons. Mr. Ryan stated from an economic
standpoint, it is approximately $15,000 in lost vendor fees from that area not being closed off. In
addition, Mr. Ryan stated it cuts down on the flow of the event because the event has grown and
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more space is needed. Lastly, Mr. Ryan stated from a security standpoint, if N.E. 2nd Avenue is
not closed they cannot have a second gate open to the public and if an emergency situation were
to occur the attendees could not be moved quickly out of the area. Therefore, Mr. Ryan stated he
respectfully requests that the Commission allow N.E. 2nd Avenue to be closed.
Mayor Schmidt asked why staff recommends that N.E. 2nd Avenue not be closed.
In response, Mr. Barcinski stated the Police and Fire Department had a concern with this being a
gated event and in the event of an emergency rescue vehicles need to have access through 2nd
Avenue. Mr. Barcinski stated usually barricades are used for other special events and therefore
are not fenced in as this event will be. Mr. Barcinski stated as long as the Fire Department has
access and a fifteen foot clearway then it should be alright.
Mayor Schmidt asked if the gating could be moved to accommodate this. In
response, Mr. Ryan stated this would not be a problem.
Mr. Perlman moved to approve the Special Event Request for the Fourth Annual
Garlic Festival to be held on November 1-3, 2002, with the accommodation for the closure of
N.E. 2nd Avenue and the 60/40 split in overtime costs, seconded by Ms. McCarthy. Upon roll
call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr.
Perlman - Yes; Mrs. Archer- Yes; Mr. Levinson- Yes. Said motion passed with a 5 to 0 vote.
9.G. JOINT VENTURE REQUEST/EXTEND CLOSING TIME OF
SANDOWAY PARKING LOT: Consider a request from Joint Venture to extend the closing
time of the Sandoway Parking Lot on May 17, 2002 until 11:00 p.m. to accommodate the Hot
Air Balloon Glow.
Paul Dorling, Director of Planning and Zoning, stated this item is fi.om the Delray
Beach Joint Venture requesting that the Sandoway Parking Lot remain open until 11:00 p.m. on
May 17, 2002, in order to accommodate the Balloon Glow. Mr. Dorling stated the use of the
Sandoway Parking Lot would help to mitigate parking impacts to the surrounding neighborhood.
Mr. Levinson moved to approve the request from Joint Venture to extend the
closing time of the Sandoway Parking Lot on May 17, 2002, until 11:00 p.m. to accommodate
the Hot Air Balloon Glow, seconded by Mrs. Archer. Upon roll call the Commission voted as
follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes;
Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 9.1, Ramblin Rose License
Agreement.
9.I. RAMBLIN ROSE LICENSE AGREEMENT: Consider a request to Dane
Mark's Ramblin' Riverboat, Inc. license agreement for a reduced summer schedule of three (3)
days per week with a $600.00 monthly payment.
The City Manager stated this is a request fi.om the Ramblin Rose to operate this
summer. The City Manager stated it has been several years since they have had a summer
operation and would like to operate three days a week during the summer. The License
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Agreement requires that the Ramblin Rose operate four days a week and due to reduced
operation and they are also requesting a $600 per month license fee. The City Manager stated if
the Commission is willing to consider the request a formal amendment to the agreement would
be brought back at the next meeting.
Mr. Levinson stated he cannot support the amendment to the contract and feels
there are too many issues that are of concern.
Mayor Schmidt expressed concem about the particular boat that they want to use.
Alice Aooel, South Florida representative of Rockmore Cruises~ stated the
boat that is currently docked is called The Susannah and they work along with Dane Mark. She
stated they enjoy thc relationship with the City of Delray and have found a great response from
both tourists as well as residents in providing them leisure activity along thc intracoastal. Ms.
Appel stated they would like to continue this relationship during thc summer.
The Commission gave direction to the City Manager and City Attorney to review
the entire contract and as to whether or not there is a provision requiring them to serve food on
the boat and not bring patrons to restaurants.
At this point, the Commission moved to Item 12, First Readings.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 13-02: An ordinance amending the historic designation
adopted via Ordinance No. 70-89 and Ordinance No. 70-90 for the "Fontaine Fox House"
historic site located on the east and west sides of Ocean Boulevard, south of George Bush
Boulevard (610 and 615 North Ocean Boulevard). If passed, a quasi-judicial hearing will be
held on May 21, 2002.
The caption of Ordinance No. 13-02(A) is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE
NO. 70-89 THAT PROVIDED FOR THE HISTORIC
DESIGNATION OF THE FONTAINE FOX HOUSE AND
PROPERTY; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 13-02(A) is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
The caption of the Ordinance No. 13-02(B) is as follows:
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE
NO. 70-89 THAT PROVIDED FOR THE HISTORIC
DESIGNATION OF THE FONTAINE FOX HOUSE AND
PROPERTY; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 13-02(B) is on file in the City Clerk's office.)
The City Attomey read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated these two ordinances were
before the City Commission following direction of the Commission after the three ordinances
were denied on April 2, 2002. Mr. Dorling stated the Commission provided direction to staff
with respect to the five items identified in the Planning and Zoning Staff Report and these items
have been incorporated into Ordinance No. 13-02(A). The applicant has also proposed an
altemative ordinance which is Ordinance No. 13-02(B) which proposes three lots versus two
west of the Fox Fontaine House, a 60-foot buffer versus a 100-foot buffer, no height restrictions
on lots immediately west of the historic structures (610 & 622 North Ocean Boulevard), removal
of two western lots from the current designation, and the addition of property to the north into
the current historic designation.
Mr. Levinson moved to approve Ordinance No. 13-02(A) on FIRST Reading,
seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes;
Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said
motion passed with a 5 to 0 vote.
Ms. McCarthy moved to approve Ordinance No. 13-02(B) on FIRST Reading,
seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - No;
Mr. Levinson - No; Ms. McCarthy - Yes; Mayor Schmidt - No; Mr. Perlman - Yes. Said
ordinance was denied with a 3 to 2 vote.
12.B. ORDINANCE NO. 14-02: An ordinance amending Chapter 71 of the City Code
of Ordinances by enacting Section 71.092 "Immobilization of vehicles by the City to collect
outstanding parking fines". If passed, a public hearing will be held on May 21, 2002.
The caption of Ordinance No. 14-02 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF
ORDINANCES, BY AMENDING CHAPTER 71, "PARKING
REGULATIONS", BY ENACTING SECTION 71.092,
"IMMOBILIZATION OF VEHICLES BY THE CITY TO
COLLECT OUTSTANDING PARKING FINES", TO PROVIDE
PROCEDURES FOR THE LMMOBILIZATION OF VEHICLES
THAT HAVE A CERTAIN NUMBER OF UNPAID PARKING
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TICKETS OUTSTANDING; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 14-02 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Mrs. Archer inquired about item #6 in the Planning and Zoning Staff Report and
asked if it is possible to establish a maximum towing fee. In response, the City Manager stated
the City has an agreement with the towing company and the City would be responsible for
setting the fee and the daily impound fee.
Mrs. Archer moved to approve Ordinance No. 14-02 on FIRST Reading,
seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Levinson -
Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said
motion passed with a 5 to 0 vote.
13.
Comments and Inquiries on Non-Agenda Items.
13.A. Ci~. Manager.
With regard to the Palm Beach County League of Cities, the City Manager stated
the Advanced Institute for Municipal Elected Officials will be held in the West Palm Beach area
on November 1 st and 2nd. The City Manager stated he highly recommends that the Commission
attend this course if they have not yet had the opportunity.
Secondly, the City Manager stated the last city that needs to take action on school
concurrency will all be taken care of so that concurrency should be effective in June. At that
point, the City Manager stated each city will have 90 days to adopt its own ordinance.
13.B. Ci~. Attorney.
The City Attorney had no comments or inquiries on non-agenda items.
13.C.
13.C.1.
CiW Commission.
Commissioner Archer
Mrs. Archer stated she attended the Metropolitan Planning Organization (MPO)
meeting and there was discussion on the railroad double tracking in the area between Pompano
and Lake Worth in the near future. Mrs. Archer stated when the double tracking is completed it
will increase train frequencies by four times and she feels it behooves the City to get the four
quadrant gates at the same time. The City Manager stated as part of the double tracking they are
redoing crossings by either going to four quadrant gates or have a divider so that people cannot
cross to the other side and either one would be an acceptable alternative. The City Manager
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stated they will all comply with the Federal requirements so that the trains will not need to sound
their whistles.
13.C.2.
Commissioner Perlman
Mr. Perlman stated he read an article in the Palm Beach Post about the Jewish
War Veteran's Monument that was uplifted. Mr. Perlman inquired whether or not there was any
damage to the monument itself. The City Manager stated from the newspaper article he read he
understood that there was some minor damage (i.e. chipping) on the bottom of the monument.
13.C.3.
Mayor Sehmidt
As a reminder to the public, Mayor Schmidt announced that the City Commission
revised its meeting schedule this month. Mayor Schmidt stated originally the Commission was
not going to meet next week. However, Mayor Schmidt stated the Workshop Meeting will be
held on Tuesday, May 14, 2002, and the Regular Commission Meeting will be held on Tuesday,
May 21, 2002.
With regard to the Delegations from the two sister cities, Mayor Schmidt stated it
was tremendous that both cities were able to be here at the same time. Mayor Schmidt stated he
would like to commend Robert Barcinski, Assistant City Manager and Tracey Sweeney,
Executive Assistant, for the great job they did organizing the events for the Delegations.
With regard to the Post Office in Pineapple Grove, Mayor Schmidt stated he
received a telephone call today from Congressman Foley's assistant who has been in touch with
the Post Office as well as Senator Nelson and Congressman Shaw. Mayor Schmidt stated that
Congressman Foley's representative informed him he has been assured by the Post Office that
they will stay downtown and that they are going to try and extend their lease for a month or two
and are continuing to look for a location downtown.
Mayor Schmidt stated this past weekend he was in Orlando attending a seminar
and although the trip to see the high school that the Atlantic High School architects built was
cancelled, he drove by the school. Mayor Schmidt stated the school is very impressive and is
just to the north of the intersection of two highways that are the equivalent of Congress Avenue
(four lanes with a middle school across the street). Mayor Schmidt stated it appears that they
seem to be dealing with the location quite well.
13.C.4.
Commissioner McCarthy
Ms. McCarthy reported that there was a fire that occurred on the west side of 1-95
near S.W. 10th Street and commented that the fire was well under control by the Fire
Department. However, Ms. McCarthy stated the grass area had been ignited and the fire moved
quite rapidly. Ms. McCarthy stated there appeared to be no problem to the east side where the
residents live and she could not see any visible damage to the commercial buildings abutting the
area.
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5/07/02
Secondly, Ms. McCarthy stated since the Commission has elected to change the
schedule, she announced that she will not be at any of the City Commission Meetings for the rest
of the month because she will be in Georgia attending her daughter's wedding and her other
daughter's graduation.
13.C.5.
Commissioner Levinson
Mr. Levinson stated on Saturdays he walks along Atlantic Avenue and 2nd and
commented that he has started to pick up trash. Mr. Levinson stated there are two problems with
the trash and feels these are solvable problems. One, is there are not enough garbage cans and
secondly, the garbage cans are not in the right places. Mr. Levinson stated if something could be
done in a week or two on a temporary basis, he feels it would help significantly on Friday and
Saturday nights.
Secondly, Mr. Levinson stated he would like to see the outdoor dining contract
changed. Mr. Levinson stated he would like to see restaurants and/or take-out facilities that have
outdoor dining be required to take care of their own trash. Mr. Levinson reiterated that
something be done in a week or two on a temporary basis because he feels it would make an
enormous difference. Mr. Levinson stated Cinco de Mayo was a great event but the BFI
containers were overflowing by 6:00 p.m. and he feels there should be something in the contract
which requires BFI to empty the garbage or supply more trash receptacles.
Mr. Levinson reported that the Capital Improvement Budget for the School Board
for the next five years is being set. Mr. Levinson stated to Carole Shetler's credit, she has
inserted a re-modernization of Spady Elementary School into the Capital Improvement Plan.
Mr. Levinson stated even though Spady had some work done in the past, the balance of the
school is from the 1920's. Mr. Levinson stated Ms. Shelter looked at the last renovation date and
probably knew that it was not on the modernization schedule and Ms. Shetler did this at the
expense of another school. Mr. Levinson stated although the School Board had not yet approved
the Capital Improvement Plan it has been moved forward with both schools.
Mr. Levinson stated he has received telephone calls from neighborhoods where
there are people using Portable On Demand Storage (P.O.D.S.) and asked if there are
requirements regarding the length of time someone may keep the P.O.D.S. in their driveway.
Mr. Levinson stated this needs to be better communicated to the neighborhoods and the
community. He suggested that the City notify the P.O.D.S. people and find out what the
requirements are so the P.O.D.S. are not sitting in neighborhoods for 2-3 weeks at a time.
Mr. Levinson stated he is distressed to hear about the way Lindell Boulevard was
communicated and stated the neighborhood apparently has not been notified with the new
application procedures for traffic calming. Mr. Levinson stated he thought there was a pretty
good mechanism now that the application has been developed. Mr. Levinson suggested that the
City revisit how this was communicated with the neighborhoods to make sure that they
understand that there is a process they can use to immediately apply for relief. Mr. Levinson
stated according to the traffic counts the largest number of cars traveling at a speed was 45 mph
not 35 mph.
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5/07/02
Mr. Levinson stated the City granted ABC Carpet two new signs in exchange for
taking down the one sign facing east. Mr. Levinson stated approximately one week ago he
checked and that sign was still not painted out. Mrs. Archer stated she received a telephone call
verifying the sign is now gone.
With regard to Ms. Killian's concerns regarding Atlantic High School, Mr.
Levinson stated he is actually a product of a school that was moved. Therefore, Mr. Levinson
stated he completely understands what happens when your Alma Mater is moved and the legacy
that you want to leave is not continued. In fact, Mr. Levinson stated he was proud to know and
contributed money to the moving of his school because it was such a pit to begin with and it
made more sense for the school to be next to the athletic fields (which were a mile down the
street). Mr. Levinson reiterated that he totally understands the concerns expressed by Ms.
Killian. Furthermore, with regard to Ms. Killian's allegation of the Commission being
remembered in history, Mr. Levinson stated it could be no finer legacy than for twenty, thirty, or
forty years from now for people to say that they were the first people to look ten, fifteen, twenty
years out and made a proactive stance and did the right thing. Mr. Levinson stated he is very
pleased and proud that the Commission will be remembered as a proactive Commission in
history.
There being no further business, Mayor Schmidt declared the meeting adjoumed
at 9:10 p.m.
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Regular City Commission Meeting held on May 7, 2002,
which Minutes were formally approved and adopted by the City Commission on
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5/07/02
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they are not
the official Minutes of the City Commission. They will become the official Minutes only after
review and approval which may involve some amendments, additions or deletions.
-29-
5/07/02
MAY 14, 2002
A Special Meeting of the City Commission of the City of Delray Beach, Florida, was
called to order by Mayor David Schmidt in the First Floor Conference Room at City Hall at 6:00
P.M., Tuesday, May 14, 2002.
Roll call showed:
Present -
Commissioner Patricia Archer
Commissioner Jeff Perlman
Commissioner Jon Levinson
Mayor David Sclumdt
Absent -
Commissioner Alberta McCarthy
Also present were -
City Manager David T. Harden
Assistant City Attorney Brian Shutt and
City Clerk Barbara Garito
Mayor Schmidt called the meeting to order and announced that it had been called for the purpose of
considering the following items:
1. PURCHASE OF BREEZY RIDGE PROPERTIES: Consider approval of contracts for the
purchase of six (6) Breezy Ridge Properties.
Mrs. Archer moved to approve the purchase of the six (6) Breezy Ridge properties, seconded
by Mr. Levinson. Upon roll call, the Commission voted as follows: Mr. Perlman - Yes; Mrs.
Archer - Yes; Mr. Levinson - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0
vote.
PROPOSAL FOR SETTLEMENT/ALWANI v, CITY; Consider acceptance of proposal
for settlement subject to the receipt of appropriate releases in the Alwani v. City of Delray Beach
case. Staff recommends acceptance.
Brian Shutt, Assistant City Attorney, stated this is a settlement offer received from the
plaintiffs' attorney arising out of an automobile accident that occurred in April 2000 between a
City Fire Truck and the plaintiffs vehicle on Federal Highway, subject to the receipt of
appropriate releases.
Mr. Perlman moved to approve the proposal for settlement, seconded by Mr. Levinson.
Upon roll call, the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes;
Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote.
Mayor Schmidt declared the Special Meeting adjourned at 6:04 p.m., at which time the
Commission convened to the regularly scheduled Workshop Meeting.
AT-FEST:
city Clerk
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Special Meeting of the City Commission held on
May 14, 2002, which Minutes were formally approved and adopted by the City Commission on
City Clerk
NOTE TO READER: If the Minutes you have received are not completed as indicated above,
this means they are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval, which may involve amendments, additions or deletions to
the Minutes as set forth above.
-2-
DELRAY BEACH
NI-AmeficaCity
1993 TO: David T. Harden
20 01 City Manager
100 N W. 1st AVENUE
MEMO DUM
DELRAY BEACH, FLORIDA 33444
FROM: ~Robert A. Barcinski
'- Assistant City Manager
DATE: May 14, 2002
SUBJECT:
Agenda Item City Commission Meeting May 21, 2002
Ratification - Board Appointment Old School Square
ACTION
City Commission is requested to ratify the Board of Director appointments to Old School
Square per paragraph 2(a) of the Management Agreement dated August 7, 1990.
BACKGROUND
Per the conditions set forth in the Management Agreement between the City and Old
School Square, City Commission ratifies the appointments to the Board of Directors.
Appointments to the Board are made by Old School Square. A list of the appointees for
2002 is attached.
RECOMMENDATION
Staff recommends ratification of the list of appointees to the Old School Square Board of
Directors.
RAB/tas
561/243-7000
File: u: sweeney/agenda
Doc:board appointment OSS 2002
Prlnted on Recycled Papor
THE EFFORT ALWAYS MATTERS
Old
School
Square
C U L T U R A L
ARTS CENTER
May 1, 2002
TO: Bob Barcin
FROM: Joe Gillie
Subject: Board Member'Ratification
As per our management agreement, the board of directors of Old School Square requests
ratification of the following new members:
Sandra Almay a former educator and has been a Delray Beach resident for the past 19
years and was one of the original volunteers for OSS. Her other community
involvement includes five years as Executive Director of the Beach Property
Owners Assoc., Citizens Police Academy, Chairman of the first All-America City
Award Committee (1993), to name but a few.
Virginia Courtenay has owned the nationally recognized Virginia Courtenay Interiors in
Delray for over 25 years. She has donated time and considerable talent to the
Cornell Museum, helping to create successful holiday designer vignette exhibits.
Mrs. Courtenay is a graduate of the Art Institute of Chicago and was named a
Fellow of the American Society of Interior Designers in 1995. Most recently
she was appointed to the Florida Trust for Historical Preservation Board.
Dave Darwin is the founder and retired president of Computer Industries Corp. He was a
board member of the Aspen Music Festival and on the National Council of the
Aspen Jazz Association.
Howard Ellingsworth is a parmer in the firm Smith, Graham, Ellingsworth & Associates,
P.A. and is a lifetime resident of Delray. Howard was a former Chairman of the
Delray Beach Housing Authority, former chairman of the Delray Parking
Management, and is currently the first vice-chairman of the Community
Redevelopment Assoc. He served 5 years on the CRA and is liaison for the CRA
to the Downtown Joint Venture Board.
Old School Square, Inc.
51 North Swinton Ave.
Delray Beach, Florida 33444
Phone (561) 243-7922
Fax (561) 243-7018
Mary Morrell has been on the Board of Directors of the Historical Society for the past 3
years and has also served as treasurer. She is currently the Secretary for the
Bethesda Hospital Foundation. Mrs. Morrell was elected vice-president as well as
president for the Gulf Stream School Board, chaired the St. Andrews annual fund,
and has also been a leader and coordinator for the Girl Scouts of America.
Kevin Hammer is a native of Delray Beach and a financial advisor at the Merrill Lynch
office on Atlantic Ave. A longtime supporter of Bethesda Memorial Hospital
and St. Joseph's School, Kevin has been involved with OSS for the last few years
as an active member of First A.C.T. and as chairman of the Annual Old School
Square Cup Golf Tournament.
Tony Newbold is responsible for the Corporate and External Affairs matters in South
Palm Beach and North Broward counties for FPL. Tony earned an AS degree in
Electrical Engineering, a BS in Business Administration and has received
Business Leadership Certifications fi.om Columbia University and Brookings
Institute. Mr. Newbold's community involvement includes roles as Past Chair-
man of the Boynton Beach Chamber of Commerce, Executive Board of the Del-
ray Beach Chamber of Commerce, Board Member of the Pompano Beach
Chamber, Board Member of the TED Center, Board Member of Roots Classical
Festival, Inc., and Board Member of the Palm Beach County Literacy Coalition.
Tom Oliveri is the Managing Executive and Vice President of Northern Trust Bank's
Delray Beach office. Tom received his Bachelor of Science degree in finance
from the University of South Florida in 1986 and graduated Cum Laude. He also
attended Florida State University and received a certification for the Executive
Management Program in 1996. Tom is co-chairperson of the Local Issues
Government Affairs Committee, a member of the Council of 100 for the Delray
Chamber, Treasurer of the Community Child Care Center board, a member of the
board of both the Boynton Beach YMCA and the Delray Historical Society, and a
member of our own Inner Circle.
Old School Square Board of Directors
February 2002
Almy, Sandra Williamson (Timothy)
-Business-
11750 Dunes Rd.
Boynton Beach, FL 33436
Phone (4740-9160
Fax #
Alperin, Dr. Jay (Mrs. Diane)
-Business-
2100 Lake Ida Rd.
Delray Beach, FL 33445
Phone #272-2131
Fax #272-8141
-Home-
11750 Dunes Rd.
Boynton Beach, FL 33436
Phone #740-9160
Fax #
-Home-
3130 Lowson Blvd.
Delray Beach, FL 33445
Phone #495-5215
Fax #
Bourque,.Mrs. Frances F. (Dr. Robert)
-Business-
4780 S. Lake Dr.
Boynton Beach, FL 33436-5914
Phone #731-4311
Fax #731-4943
Butler, Mrs. Lula (Mr. Leonard)
-Business-
City of Delray Beach
100 NW 1st Ave.
Delray Beach, FL 33444
Phone #243-7203
Fax #243-7221
-Home-
4780 S. Lake Dr.
Boynton Beach, FL 33436-5924
Phone #731-4311
Fax #731-4943
-Home-
816 Par Circle
Delray Beach, FL 33445
Phone #274-3906
Fax #
Callaway, Mrs. Phyllis (Mr. Trowbridge)
-Business-
67 Spanish River Dr.
Ocean Ridge, FL 33435
Phone #369-0028
Fax #369-3017
-Home-
67 Spanish River Dr.
Ocean Ridge, FL 33435
Phone #369-0028
Fax #369-3017
Chapin, Mr. Robert D. (Mrs. Barbara)
-Business-
Chapin, Armstrong & Ballerano, P.A.
1201 George Bush Blvd.
Dekay Beach, FL 33483
Phone #272-1225
Fax #272-4442
-Home-
8 Sandpiper Dr.
Village of Golf, FL 33436
Phone #740-4488
Fax #
Courtenay, Mrs. Virginia (Mr. E.H.)
-Business-
Virginia Courtenay Interiors
1045 E. Atlantic Ave.
Delray Beach, FL 33443
Phone #276-5403
Fax #
Diamond, Mr. Gerald (Mrs. Joan)
-Business-
The Diamond Co.
PO Box 1236
Delray Beach, FL 33447-1236
Phone #279-0082
Fax #279-0560
-Home-
1045 E. Atlantic Ave.
Delray Beach, FL 33443
Phone #276-5403
Fax #
-Home-
PO Box 1236
Delray Beach, FL 33447-1236
Phone #330-9182
Fax #279-0560
Earnhart, Mrs. Nancy (Dr. Bill)
-Business-
4820 S. Lake Dr.
Boynton Beach, FL 33436
Phone #736-3538
Fax #736-7035
Ellingsworth, Mr. W. Howard
(Mrs. Maria)
-Business-
Smith, Graham, Ellingsworth &
& Associates, P.A.
96 NE 4th Ave.
Delray Beach, FL 33483
Phone #276-7468
Fax #
-Home-
4820 S. Lake Dr.
Boynton Beach, F1 33436
Phone #736-3538
Fax #736-7035
-Home-
504 NW 13th St.
Delray Beach, FL 33444
Phone #278-1899
Fax #
Elmore, Mrs. Wilma (Mr. George)
-Business-
1320 N. Ocean Blvd.
GulfStream, FL 33483
Phone #274-2116
Fax #276-3684
Ezzes, Ms. Judith A. ( )
-Business-
5288 Ventura Dr.
De[ray Beach, F1 33484
Phone #865-1466
Fax #
-Home-
1320 N. Ocean Blvd.
GulfStream, FL 33483
Phone #274-2116
Fax #276-3684
-Home-
5288 Ventura Dr.
De[ray Beach, FL 33484
Phone #865-1466
Fax #
Griflis, Mr. James A. (Mrs. Mary)
-Business-
555 SE 6th Ave., Apt. ! ID
Delray Beach, FL 33483
Phone # 276-0068
Fax #278-8303 (not private)
Hammer, Mr. Kevin (Mrs. Karen)
-Business-
Merrill Lynch Pierce Fenner &
Smith
777 E. Atlantic Ave.
Delray Beach, FL 33483
Phone #276-1629
Fax #
-Home-
555 SE 6th Ave., Apt. 11D
Delray Beach, FL 33483
Phone #276-0068
Fax #278-8303 (not private)
-Home-
8853 Jaspers Dr.
Boynton Beach, FL 33437
Phone #733-9902
Fax #
Hyman, Mrs. Anita (Dr. Jay)
-Business-
237 SE 7th Ave.
Delray Beach, FL 33483
Phone #278-7050
Fax #265-2606
Jones, Jr., Mrs. Pat
-Business-
1430 N. Ocean Blvd.
Delray Beach, FL 33483
Phone #276-9662
Fax #276-3949
-Home-
237 SE 7th Ave.
Delray Beach, F1 33483
Phone #278-7050
Fax #265-2606
-Home-.
1430 N. Ocean Blvd.
Delray Beach, FL 33483
Phone #276-9662
Fax #276-3949
Lynch, Mr. Thomas E. (Mrs. Hilary)
-Business-
The Plastridge Agency, Inc.
PO Drawer 730
Delray Beach, FL 33447-0730
Phone #276-5221
Fax #276-5244
Morrell, Mrs. Mary ( )
-Business-
1065 Del Haven Dr.
Delray Beach, FL 33483
Phone #279-4484
Fax #
-Home-
28 Country Rd.
Village of Golf, FL 33436
Phone #733-4118
Fax #
-Home-
1065 Del Haven Dr.
Delray Beach, F1 33483
Phone #279-4484
Fax #
Newbolt, Mr. Anthony ( )
-Business-
Florida Power & Light
PO Box 2409
Delray Beach, F1 33447-2409
Phone #265-3103
Fax #
-Home-
Florida Power & Light
PO Box 2409
Delray Beach, FL 33447-2409
Phone #265-3103
Fax #
Rubin, Mr. Barry ( )
-Business-
Merrill Lynch Pierce Fenner & Smith
777 E. Atlantic Ave., 4th Floor
Delray Beach, FL 33483
Phone #276-1600
Fax #276-1690
-Home-
23181 Boca Club Colony Circle
Boca Raton, FL 33433
Phone #391-1653
Fax #
Touhey, Mrs. Nancy (Mr. Carl)
-Business-
1200 N. Ocean Blvd.
Delray Beach, FL 33483
Phone #278-4115
Fax #278-0447
-Home-
1200 N. Ocean Blvd.
Delray Beach, FL 33483
Phone #278-4115
Fax #278-0447
Oliveri, Mr. Thomas R. (Mrs. Sandra)
-Business-
Northern Trust
770 E. Atlantic Ave.
Delray Beach, FL 33483
Phone #278-1300
Fax #
-Home-
Northern Trust
770 E. Atlantic Ave.
Delray Beach, FL 33483
Phone #278-1300
Fax #
Searcy, Mr. W. Tunstall (Mrs. Marsha)
-Business-
200 N. Ocean Blvd., #4N
Delray Beach, FL 33483-7126
Phone #278-1029
Fax #278-9500
-Home-
200 N. Ocean Blvd., #4N
Delray Beach, FL 33483-7126
Phone #278-1029
Fax #278-9500
Xylander, Mr. Paul (Mrs. Diane)
-Business-
SunTrust Bank South Florida N.A.
302 E. Atlantic Ave.
Delray Beach, FL 33483
Phone #243-6725
Fax #243-6729
-Home-
19706 Dinner Key Dr.
Boca Raton, FL 33498
Phone #479-0590
Fax #
Bareinski, Mr. Robert (Mrs. Connie)
-Business-
City of Delray Beach
100 NW 1st Ave.
Dckay Beach, FL 33444
Phone #243-7011
Fax #243-7166
Darwin, Mr. David (Mrs. Elaine)
-Business-
1444 Paslay Pl.
Manalapan, FL 33462
Phone #586-6648
Fax #
-Home-
3710 Lowson Blvd.
Delray Beach, FL 33445
Phone g496-5370
Fax #
1444 Paslay Pl.
Manalapan, FL 33462
Phone #586-6648
Golembe, Mrs. Pat (Mr. Carter)
-Business-
Healy Design Associates
19 Andrews Ave.
Dclray Beach, FL 33483
Phone #276-5719
Fax #243-0635
-Home-
2000 S. Ocean Blvd.
Delray Beach, FL 33483
Phone #272-5403
Fax #
MANAGEKENT AGREEMENT OLD SCHOOL SQUARE
THIS AGREEMENT, made and entered into at Delray
Beach, Florida, on the ~ day of ~,
1990, by and between th City of Delra~ Beach, Florida, a
Florida municipal corporation, hereinafter referred to as the
"City" and Old School Square, Inc., a Florida corporation, not
for profit, hereinafter referred to as "Old School Square,
Inc.".
WHEREAS, the City has fee simple ownership of the old
Delray Beach Elementary School site, which is to be restored
and converted into a cultural center to provide educational,
cultural, scientific and certain governmental activities; and,
WHEREAS, Old School Square, Inc., was organized under
the laws of the State of Florida, as a not-for-profit
corporation for the purpose of leasing, restoring, developing
and operating the cultural center~ and,
WHEREAS, the City has adopted a resolution dated
September 13, 1988 which among other things states that Old
School Square, Inc..shall serve as project administrator for
the purposes of facility management and progran~ing~ and,
WHEREAS, the City and Old School Square, Inc. entered
into a lease dated July 31, 1989~ and,
WHEREAS, the City and Old School Square, Inc. desire
to confirm and clarify the organizational, operational and
oversight procedures as to Old School Square Inc.'s
responsibility for operation of the facility, including, but
not limited to the establishment of budgets, the submission of
state and federal grants, the solicitation of private grants
and donations, the determination and establishment of programs
by Old School Square, Inc. and the maintenance of the interior
improvements by Old School Square, Inc.; and to clarify the
procedures regarding maintenance of the exterior site by the
City, pursuant to the lease.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL
COVENANTS, STIPULATIONS AND AGREEMENTS HEREIN CONTAINED, THE
PARTIES AGREE AS FOLLOWS:
1. The above WHEREAS clauses are true and correct
and are incorporated herein by reference.
2. Board of Directors - Old School Square, Inc.
shall be governed by the voting members of the Board of
Directors. The Board of Directors shall be selected and
perform all duties and responsibilities pursuant to the
Articles of Incorporation and By-laws of Old School Square,
Inc., as they now exist or as they may be amended from time to
time.
(a) Old School Square, Inc., shall submit to the
City Commission on an annual basis the names of those elected
to membership on the Board of Directors, for the' purpose of
ratification of the electees by the City Commission.
(b) All meetings of the Board of Directors shall be
duly advertised and open to the public in accordance with the
[ITY OF DELI:lilY BEI:I[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
1993 DATE: May 6, 2002
MEMORANDUM
TO:
FROM:
City Commission
Brian Shutt, Assistant City Attorney
SUBJECT: Amendment to NPDES InterlocalAqreement
The EPA, in 1996 issued a National Pollutant Discharge Elimination System
(NPDES) permit to 40 governmental entities in Palm Beach County regarding
monitoring and treatment of stormwater runoff. The Florida Department of
Environmental Protection (FDEP) now issues the permits. The permit contains
certain obligations and responsibilities that are more economical if performed
jointly by all permittees.
The Northern Palm Beach County Improvement District (NPBCID) acts as the lead
permittee for Palm Beach County with most of the municipalities of Palm Beach
County acting as co-permittees. The NPBCID administers the requirements of the
NPDES permit issued to the 40 governmental entities.
The attached amendment extends the term of the Interlocal Agreement between
the City and the NPBCID from September 30, 2002 until September 30, 2004.
This extension is needed due to a delay by FDEP in issuing a new NPDES permit.
By copy of this memo to David Harden, our office requests that this item be placed
on the May 21, 2002 City Commission agenda. Please call if you have any
questions.
Attachment
CC:
David Harden, City Manager
Barbara Garito, City Clerk
Randal Krejcarek, City Engineer
MEMORANDUM
TO:
Palm Beach County NPDES Co-Permittees
FROM:
Betsy S. Burden, Esq.
Caldwell & Pacetti, LLP
DATE:March 27, 2002
SUBJECT: Proposed First Amendment to Existing NPDES Interlocal Agreement
Attached is a draft of a proposed First Amendment for an extension of the term of the existing
NPDES Interlocal Agreement that was previously entered into between Northern Palm Beach County
Improvement District and your governmental entity.
As explained during the last several NPDES Steering Committee Meetings, the First Amendment is
needed due to the delay by FDEP in issuing the new second five-year term NPDES Permit. As a
result, the existing NPDES Permit conditions apparently continue to apply and, therefore, it is
necessary that funding for two (2) additional fiscal years be addressed in the existing Interlocal
Agreement in order to allow for the continuation of the works required under the current NPDES
Permit.
Since all of the current Co-Permittees' Interlocal Agreements terminate on September 30, 2002, the
Steering Committee suggested that everyone try to finalize their execution of the enclosed First
Amendment on or before July 15, 2002. Therefore, it would be most appreciated if you would
promptly provide the attached First Amendment to your governmental entity's general counsel who
should then provide any comments or questions to me as soon as possible. If the Agreement is
acceptable, please advise and duplicate originals of the Amendment will be sent to you for execution.
For your information, I can be contacted at any one of the following numbers:
(1) e-mail address:
burden(~_,caldwellpacetti.com
(2) telephone number: (561) 655-0620
(3) fax number: (561) 655-3775
FIRST AMENDMENT
FOR
EXTENSION OF TERM OF
NPDES INTERLOCAL AGREEMENT
This FIRST Amendment (the "FIRST AMENDMENT") shall be effective as of the
day of ., 2002 ("the Effective Date"), and is being entered
into by and between NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT, 357
Hiatt Drive, Palm Beach Gardens, Florida 33418 (hereinafter referred to as "the Lead Permittee")
and ,
(hereinafter referred to as "the Co~Permittee").
WITNESSETH:
WHEREAS, the parties have previously entered into an NPDES Interlocal Agreement (a tree
and correct copy of which is attached hereto and is referred to herein as the "Agreement"), which
Agreement expires September 30, 2002; and
WHEREAS, the Agreement described the parties' obligations and responsibilities relating to
the NPDES Permit referenced therein; and
WHEREAS, a timely reapplication or renewal of the NPDES Permit for its second five (5)
year term is currently pending, but it is uncertain at this time as to when the Florida Department of
Environmental Protection ("FDEP") will take final action on the pending application: and
WHEREAS, pursuant to FDEP Rule 62-624.420(4), Florida Administrative Code, the
existing NPDES Permit shall not expire until FDEP has taken final action on the pending
application; and
WHEREAS, a draft ora new Interlocal Agreement covering the second term of the NPDES
Permit is currently being negotiated by the parties; and
WHEREAS, the parties wish to extend the terms and provisions of the current NPDES
Interlocal Agreement until such time as FDEP grants the pending application for renewal of the
NPDES Permit for its second five (5) year term.
NOW, THEREFORE, the undersigned parties, for and in consideration of the mutual benefit
set lbrth herein, the sufficiency of which is hereby acknowledged, do hereby enter into this FIRST
AMENDMENT to the NPDES Interlocal Agreement, and agree with each other as follows:
(l)
Term. The term contained in Section 4.01 of the NPDES Interlocal Agreement
which would otherwise expire on September 30, 2002, is hereby extended under the
same terms and conditions contained in said NPDES Interlocal Agreement until the
(2)
(3)
(4)
(5)
execution by the Lead Permittee and Co-Permittee ora new interlocal agreement for
the second five-year term NPDES Permit.
Fiscal Year Amendment. The phrase "Fiscal Year" as defined in Section 4.02 of the
NPDES Interlocal Agreement shall also include: (vi) a Sixth Fiscal Year from
October 1, 2002 through September 30, 2003 and (vii) a Seventh Fiscal Year from
October 1, 2003 through September 30, 2004.
Counterparts. This Agreement may be executed in one or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and
the same instrument.
Clerk of Court. A copy of this Agreement shall be filed with the Clerk of the Court
in and for Palm Beach County, Florida.
Effective Date. This Agreement shall be effective as of the last date that it is signed
by all parties hereto.
IN WITNESS WHEREOF, the parties have
hereinafter written.
EXECUTED by Lead Permittee this
set their hand and seals the day and year
day of ,2002.
ATTEST:
BOARD OF SUPERVISORS, NORTHERN PALM
BEACH COUNTY IMPROVEMENT DISTRICT
By:
Peter L. Pimentel, Secretary
By:
A. Sally Hamadeh
(SEAL)
EXECUTED by Co-Permittee this
day of
., 2002.
ATTEST.
By:
By:
(SEAL)
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
U ~*MMV~qORTHERN~IPDES~xt~.d tsme wpd
TO:
FROM:
PA RLI CTOR OF PLANNING AND ZONING
SUBJECT:
MEETING OF MAY 217 2002 ** REGULAR AGENDA**
AUTHORIZATION TO INCREASE THE CURRENT CONTRACT
FOR THE 4TM BEACH RENOURISHMENT PROJECT BY
$22,536.40 TO COVER THE BEACH TILLING REQUIRED BY
THE DEP CONTRACT.
On December 11, 2001 the City Commission approved the award for the Beach
Renourishment contract to Bean Stuyvesant for $3,882,210. The award covered
mobilization costs, placement of 1.1 million cubic yards of sand on 1.7 miles of
beach and tilling of the beach. The estimate of sand volumes was the difference
between the surveys of existing conditions during the permitting process and a
required beach design profile contained in the state and federal permits.
Immediately prior to the start of the project new surveys were conducted to
update the existing volumes of sand. After conducting these surveys additional
erosion from recent storms necessitated the placement of additional sand to
optimize the design profiles. Approximetely 1.2 million cubic yards or an
increase of 100,000 cubic yards was required.
On March 5, 2002 the City Commission approved amendment of the contract to
include an additional 100,000 cubic yards of sand for $260,000. The overall
contract amount was increased by 206,300 which included a credit of $53,700
for a beach tilling task. This credit was taken because the project began after the
date at which the tilling was to be completed given nesting turtle concerns. After
completion the State Department of Environmental Protection granted an
extension and request the tilling task be completed. To cover the cost of the
tilling a contact modification in the amount of $22,536.40 is being requested. The
final volumes of sand for the project was under 1.2 million cubic yards (1,188,014
cubic yards) resulting in a savings of $31,163.60. This savings and the requested
addition will cover the $53,700 tilling task. Funds for this item can be
accommodated through short term financing with the entire cost of the contract
later reimbursed from Federal, State and County appropriations.
By motion, authorize the increase of the current contract for the 4th beach
renourishment project by $22,536.40 to cover the beach tilling task required by
the DEP contact.
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~P~
AGENDA ITEM 1~ . REGUIJdl MEETING OF MAY 21, 2002
CHANGE ORDER NO, I/FINAL PAYMENT/FLORIDA BLACKTOP,
INC.
DATE: MAY 17, 2002
This is before the City Commission to approve Change Order No. 1 in the net add mount of
$25,106.17 and final payment in the amount of $73,313.37 to Florida Blacktop, Inc. for completion of
the 2000 Roadway Bond NE/NW Infrastructure Improvements project.
Funding will be from 370-3162-541-65.44 (2000 Roadway Bond NE/NW Area).
Recommend approval of Change Order No. 1 and final payment to Florida Blacktop, Inc.
S:\Caty Clerkkchevelle folder\agenda memos\Final Payment. Florida Blacktop, Inc.05 21.02
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
SUBJECT:
www delrayesd corn
DAVID T. HARDEN
City Manager
VICTOR MAJTENY~~'~~
Assistant Construction Manager
NE/NW AREA INFRASTRUCTURE IMPROVEMENTS (PN 2000-047)
Change Order # 1/Final, Final Payment
DATE: MAY 14, 2002
Attached for Commission approval is an agenda request for closeout Change Order #1, Final to
Florida Blacktop, Inc. on the NE/NW Area Infrastructure Improvements project, PN 00-047. It
is for the final plus/minus quantity adjustments, miscellaneous changes to the original Contract,
and liquidated damages for delay. Change Order #1, Final is a net add amount of $25,106.17.
A request is also made for fmal payment in the amount of $73,313.37 to Florida Blacktop, Inc. A
Contractor Evaluation form is attached for your review.
Funding is from 370-3162-541-65.44 (2000 Roadway Bond NE/NW Area) in the amount of
$25,106.17.
Richard Hasko, Director of ESD
Randal Krejcarek, City Engineer
Rafael Ballestero; Dep. Dir of Construction
Agenda FIle 05/21/02
Project File 00-047(A)
$'~EngAdmrnb°rojects~200012000-O471CONSTRC7~col finalmem-05 21 02.doc
CHANGE NO.
PROJECT TITLE:
TO CONTRACTOR:
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
I/Final PROJECT NO. 00-47 DATE:
NE/NW Area Improvements
Florida Blacktop, Inc..
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Plus/minus quantity adjustments and miscellaneous changes per attached Schedule "A"
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
TOTAL PER CENT INCREASE TO DATE 2.5%
$ 999,489.89
$ o.oo
$ 999,489.89
$ 25,106.17
$ 1,024,596.06
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding.
Florida Blacktop, Inc
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is available from 370-3162-541-65.44 (2000 Road Bond - NE/NW Area Improvements).
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND:
for Environmental Services
APPROVED:
By:
ATTEST:
By:
Mayor
City Attorney City Clerk
d
Agenda Item No. ~'~
Request to be placed on:
AGENDA REQUEST
Date: May 14, 2002
-X--Regular Agenda
Special Agenda
Workshop Agenda
When: May 21, 2002
Description of item (who, what, where, how much):
Attached for Commission approval is an agenda request for closeout Change Order #1/Final to Florida
Blacktop, Inc. on the NE/NW Infrastructure Improvements, PN 00-047. It is for the final plus/minus
quantity adjustments, miscellaneous changes to the original Contract, and liquidated damages for delay
Change Order #1/Final is a net add in the amount of $25,106.17.
A request is also made for final payment in the amount of $73,313.37 to Florida Blacktop, Inc.
Funding is from 370-3162-541-65.44, 2000 Roadway Bond NE/NW Area
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends award of Change Order #1/F~nal and Final Payment to Flonda
Blacktop, Inc. for the completion,oH11~ NE/N,~(~,rea Infrastru.f,a:~ Improvements project
Department head signature: L~._~~_~'-
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (r,~d on all items involving expenditure of funds):
Funding available:{~E,~/NO .......
Funding alternatives[if applicable): see above
Account No. & Description
Account Balance ,~.,~,
City Manager Review: ' ' ' .~-~' .~.,, A /~ '
Approved for agenda: ~rE~/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
s:\.. \00-047~AGREQCO1 closeout 05.21.02
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM 5~' \. REGULAR MEETING OF MAY 21, 2002
CHANGE ORDER NO. 3/FINAL PAYMENT/FLORIDA BLACKTOP,
IN(~,
DATE: MAY 17, 2002
This is before the City Commission to approve Change Order No. 3 in the net deduct mount of
$46,281.36 and final payment in the amount of $25,729.52 to Florida Blacktop, Inc. for completion of
the 2000 Roadway Bond SE/SW Infrastructure Improvements project.
Funding will be from 370-3162-541-65.45 (2000 Roadway Bond SE/SW Area).
Recommend approval of Change Order No. 3 and final payment to Florida Blacktop, Inc.
S:\C~ty Clerk\chevelle folder\agenda memos\Final Payment. Florida Blacktop, Inc.05.21 02
Agenda Item No.~
AGENDA REQUEST
Date: May 14, 2002
Request to be placed on:
-X--Regular Agenda
Special Agenda
Workshop Agenda
When: May 21, 2002
Description of item (who, what, where, how much):
Attached for Commission approval is an agenda request for closeout Change Order #3/Final to Flonda
Blacktop, Inc. on the SE/SW Infrastructure Improvements, PN 00-046. It is for the final plus/minus
quantity adjustments, miscellaneous changes to the original Contract, and hquidated delay damages.
Change Order #3/Final is a net deduct in the amount of $46,281.36
A request is also made for final payment in the amount of $25,729.52 to Florida Blacktop, Inc.
Residual funds to be liquidated from PO#593306 to 370-3162-541-65.45, 2000 Roadway Bond SE/SW
Area in the amount $46,281.36.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends award of Change Order #3/Final and Final Payment to Florida
Department head signature: _ ,
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (rec/ui[ed on all items involving expenditure of funds):
Funding available: ~.~O
Funding alternatives (if applicable): see above
Account No. & Description ,J'~ - 61~ 2. -~5-/-//~,5'T.~.5" ,..~'-,5 ~
Account Balance
City Manager Review:
Approved for agenda: ~NO
Hold Until: ~~Z~[
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
s'\.. ~00-046~AGREQCO3 closeout 05.21.02
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
SUBJECT:
www delrayesd com
DAVID T. HARDEN
City Manager
VICTOR MAJTENY~~
Assistant Construction Manager
SE/SW AREA INFRASTRUCTURE IMPROVEMENTS (PN 2000-046)
Change Order #3/Final, Final Payment
DATE: MAY 14, 2002
Attached for Commission approval is an agenda request for closeout Change Order #3, Final to
Florida Blacktop, Inc. on the SE/SW Area Infrastructure Improvements project, PN 00-046. It is
for the final plus/minus quantity adjustments, miscellaneous changes to the original Contract, and
liquidated delay damages. Change Order #3, Final is a net deduct amount of $46,281.36.
A request is also made for final payment in the amount of $25,729.52 to Florida Blacktop, Inc. A
Contractor Evaluation form is attached for your review.
Residual funds to be liquidated from PO#593306 to 370-3162-541-65.45 (2000 Roadway Bond
SE/SW Area) in the amount of $46,281.36.
CC:
Richard Hasko; Director of ESD
Randal Krejcarek; City Engineer
Rafael Ballestero; Dep Dir. of Construction
Agenda F~le 05/21/02
Project File 00-046(A)
S'~Eng.4dmtnlProjects1200012000-O461CONSTRCT~co3 finalmem-05 21 02 doc
CHANGE NO. 3/Final
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
PROJECT NO. 00-46 DATE:
PROJECT TITLE: SE/SW Area Improvements
TO CONTRACTOR: Florida Blacktop, Inc..
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Plus/minus quantity adjustments changes per attached Schedule "A"
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
TOTAL PER CENT DECREASE TO DATE 4.1%
$ 1,133,457.03
$ 180~153.11
$ 1,313,610.14
$ -46~281.36
$ 1,267,328.78
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding.
Florida Blacktop, Inc
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is available from 370-3162-541-65.45 (2000 Road bond - SE/SW Area).
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND:
for Environmental Services
By:
Mayor
APPROVED:
ATTEST:
By:
City Attorney City Clerk
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER
AGENDA ITEM #
DEDUCT CHANGE
CONSTRUCTION AND DEVELOPMENT CORPORATION
DATE: MAY 17, 2002
- REGULAR MEETING OF MAY 21, 2002
ORDER #1/FINAL PAYMENT/REPUBLIC
This is before the City Commission to approve deduct Change Order # 1 in the mount of
$3,754.51 and final payment in the amount of $7,530.59 to Republic Construction and Development
Corporation for completion of the Merritt Park Restroom Facility Project.
The project is complete and has been inspected and approved by staff.
Funding is available from 118-1965-554-63.40 (Recreation Improvements).
Recommend approval of deduct Change Order #1 and the request for final payment to Republic
Construction and Development Corporation for completion of the Merritt Park Restroom Facility
Project.
S'\C~ty Clerk\chevelle folder\agenda memos\FmalPayment. Repubhc Construcnon.05 21.02
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
DAVID HARDEN
City Manager
VICTOR MAJTE~
Assistant Construction Manager
www delrayesd com
SUBJECT:
MERRITT PARK RESTROOM FACILITY (P/N 2001-005)
CHANGE ORDER gl(FINAL) AND FINAL PAYMENT
DATE: MAY 13, 2002
Attached is an Agenda Request for City Commission to approve a net deduct Change Order #1/
Final, in the amount of $3,754.51, and final payment in the amount of $7,530.59 to Republic
Construction and Development Corporation for completion of the Merritt Park Restroom Facility
project (PN 2001-005). All changes for the project are itemized on the attached Exhibit A to
Change Order #1, Final.
The project is complete and all warranty documentation has been received. Staff recommends
the City Commission approve Change Order #'l/Final in the amount of -$3,754.5'1 and final
payment in the amount of $7,530.59 to Republic Construction and Development Corporation
for the completion of the Merritt Park Restroom Facility project.
Residual funds to be liquidated from P.O.# 597731, account 118-t965-554-63.40, Fund-_
.Community Development. A Contractor Evaluation is also attached.
Richard Hasko; Director of ESD
Rafael Ballestero; Dep Director of Construction
Joe Weldon; D~rector of Parks and Recreation
Rich Connell; Assistant Dir. of Parks and Recreation
Agenda File 5/14/02
FIle 2001-005(A)
$ ~Eng.4dmtnlProjects~2OOll2OOl-OOSICONSTRCTL4genda memo COlfin 05 21 02 doc
CHANGE NO.
PROJECT TITLE:
TO CONTRACTOR:
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
l(Final) PROJECT NO. 2001-005 DATE:
Merritt Park Restroom Facility
Republic Construction & Development Corporation
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION
Complete changes to project per the attached schedule "A'.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT DECREASE THIS CHANGE ORDER 4.8 %
TOTAL PER CENT DECREASE TO DATE 4.8%
$76,977.00
$o.0o
$76,977.00
-$3,754.51
$73,222.49
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding.
Republic Construction & Development Corporation
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is available from account 11819655546~40(-$3,754.51).
DEPARTMENT FUNDING CERTIFIED BY
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND:
for Environmental Services
APPROVED:
By:
ATTEST:
By:
Mayor
City A~omey City Clerk
EXHIBIT "A"
Merritt Park Restroom Facility
Pd 2oot-0o5
Change Order #1/Final, Summary
Owner
Unforeseen A/E Design Requested Days
Item # Description Conditions Revisions Revisions Rqstd
1 Credit; use manual flush vavles, not $ (315 00) 0
automatic sensor type.
2 Install 4" seamless epoxy base to match $ 546.31 0
floor new floor.
3 Davis-Bacon Act: increase in sub rates to $ 1,014 18
meet minimum wage rates (roofer and
=ainter), and administrative time for GC to
comply w/state recordkeeping. (D-B
requirements implemented after bid award).
Pending Change Orders
$ $ $ 1,245.49
Contingency Allowance
Total of Changes
Total of Pending Calendar Days
$ (5,0o0 00)
$ 1,245.49
Net Change Order $ (3,?s4.st)
Page 1 of 1
Hall, Chevelle
From: Owens, Maureen
Sent: Wednesday, May 15, 2002 1:46 PM
To: Hall, Chevelle
Subject: ACCT NO. CHANGE AGENDA ITEM
FYI
Victor brought to you today a change order for the Merritt Park Restroom Facility project for final payment to
Republic Construction & Development Corp. The account number to liquidate the funds should be 118-1965-554-
63.40 not 334-6111-572-62.10. Victor asked me to advise you of this change.
Let me know if you have any questions.
Thanks
Ext. 7110
Maureen Owens
Accountant H
City of Delray Beach
I O0 N. W. 1st Avenue
Delray Beach, F1 33444
5/15/2002
AGENDA REQUEST
Agenda Item No.~
Date: May 13, 2002
Request to be placed on:
X
Regular Agenda
Special Agenda
Workshop Agenda
When: May 21, 2002
Description of item (who, what, where, how much): Attached is an Agenda Request for City
Commission to approve net deduct Change Order #1, Final in the amount of $3,754 51, and final payment
m the amount of $7,530 59 to Republic Construction and Development Corporation on the Merritt Park
Restroom Facility project (PN 2001-005) All changes for the project are itemized on the attached Exhibit
A to Change Order #1/Final.
_Residual funds to be hquidated from P.O.#597731 to account: 118-].965-554-63. 40 Recreat±on
Impr ovemen t s.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends the City Commission approve Change Order #1/Final and Final
Payment to Republic Construction a/r~.eve.~l~ent C/o~pora~
Department head signature:[,,._~-~/~'~ ~. $'-~5- o~i
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (re~(d on all items involving expenditure of funds):
Funding available{~YES/~lO ___
Funding alternatives-(if applicable):
Account No. & Description See Above
Account Balance//~l~P
City Manager RevieW:for ' -,,¢~, "' ~ //) ' ~ '(-.)'
Approved agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
s:~...~001-005~Agenda Req COl/fin 05.21.02
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~,
AGENDA ITEM - REGULAR MEETING OF MAY 21, 2002
CONTRACT ADDITION (C.O. #1)/COLONNA GONSTRUCTION I~O.,
INC,
DATE: MAY 17, 2002
This is before the City Commission to approve a contract addition (C.O. #1) to the Community
Improvement Sidewalks project in the amount of $98,925.00 to Colonna Construction Co., Inc.. The
contract addition is for the construction of sidewalks, concrete driveway aprons, and sodded swales
along Davis Road and Ross Drive, and the construction of ADA compliant sidewalks along A1A at
handicap stalls.
Funding is available from 334-3162-541-63.11 for $6,450.00 (General Construction Fund/Bike paths
and Sidewalks) and from 334-6111-519-63.89 for $92,475.00 (General Construction
Fund/Neighborhood Enhancements).
Recommend approval of the contract addition (C.O. #1) with Colonna Construction Co., Inc. for the
construction of sidewalks, concrete driveway aprons, and sodded swales.
S:\Cay Clerk\chevelle folder\agenda memos\Contract Adchtaon. Colonna Construcnon Co., Inc.05 21.02
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
SUBJECT:
DAVID HARDEN
City Manager
VICTOR MAJTEN~
Assistant Construction Manager
COMMUNITY IMPROVEMENT SIDEWALKS (PN 2001-004)
Contract Addition for Delray Shores and A1A Sidewalks
www. delrayesd corn
DATE: MAY 14, 2002
Attached is an Agenda Request and related documentation for City Commission to approve a
Contract Addition (C.O. #1) to Colonna Construction Co. Inc. in the amount of $98,925.00 to
the Community Improvement Sidewalks project. This Contract Addition is for the construction
of approximately 1,800LF of sidewalks, concrete driveway aprons, and sodded swales along Davis
Road and Ross Drive in the Delray Shores Neighborhood ($92,475.00). In addition, construct
approximately 180LF of ADA compliant concrete sidewalks along A1A at the handicap parking
stalls (6,450.00).
Prices are commensurate with the work to be performed. Colonna Construction Co. Inc. has
successfully completed work of this nature for the City.
Funding source is 334-3162-541-63.11 ($6,450.00), General Construction Fund/Bikepaths and
Sidewalks, and 334-6111-519-63.89 ($92,475.00), General Construction Fund/Neighborhood
Enhancements.
Richard C Hasko, P.E.; Director of Environmental Services
Randal Krejcarek; City Engineer
Rafael Bailestero; Deputy Director of Construction
Project File 2001-004 (A)
City Clerk
Agenda File 5/21/02
$ ~Eng.~dmtn~Projectsl2OOll2OOl-OO41CONSTRCT~colmem-05 21 02.doc
~HANGE NO.
PROJECT TITLE:
TO CONTRACTOR:
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
1 (Contract Addition) PROJECT NO. 2001-004 DATE:
Community Improvement Sidewalks
Colonna Construction, Co. Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Construction of concrete sidewalks at locations listed below, per attached Schedule A:
A) Construction of concrete sidewalks, concrete driveway aprons, and sodded swales along Daws Road and Ross Drive in
Delmy Shores (approx. 1,800LF).
B) Construct ADA compliant sidewalks at Handicap stalls along ^lA (approx. 175LF)
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT INCREASE THIS CHANGE ORDER 70.7%
TOTAL PER CENT INCREASE TO DATE 70.7%
$ 139,770.00
$ o.oo
$ 139,770.00
$ 98,925.00
$ 238,695.00
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding.
Colonna Construction Co. Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding Source is 334-3162-541-63.11 ($6,450.00), General Construction Fund/Bikepaths and Sidewalks, and
334-6111-519-63.89 ($92,475.00), General Construction Fund/Neighborhood Enhancements.
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND:
for Environmemal Services
APPROVED:
By:
Mayor
ATTEST:
By:
City Attorney City Clerk
Community Improvement Sidewalks
PIN 2001-004
Change Order #1
(Contract Addition)
Schedule A
Davis Road and Ross Drive Sidewalk Project
PROJECT 2002.008
ITEM EST. UNIT
No. DESCRIPTION UNIT QUANITY PRICE TOTAL
1 Maintenance of Traffic L.S. 1 $ i,500.00 $1,500.00
2 Clearing and Grabbing L.S. 1 ..........
3 4" Thick - 5' Concrete Sidewalk S.F. 9,000 $2.50 $22,500.00
4 6" Thick - 5' Concrete Sidewalk S.F. 380 $2.95 $1,121.00
5 Concrete Driveway Aprons (6") S.F. 9,580 $3.30 $31,614.00
6 Swale Grading & Sodding S.Y. 2,600 $9.00 $23,400.00
7 Utility Allowance L.S. 1 $2,500.00 $2,500.00
8 Landscape Allowance L.S. 1 $1,500.00 $1,500.00
9 Video Allowance L.S. 1 $340.00 $340.00
TOTAL $92,475.00
AIA Handicap Parking Modifications
PROJECT 2001-015
ITEM ~ ' ' i EST. UNIT
~o. DESCRIPTION UNIT QUAN1TY PRICE TOTAL
1 Maintenance of Traffic L.S. 1 $300~00
2 Clearing and Grubbing L.S. 1 $2,050.00 $2,050.00
3 4" Thick - 9.5' Concrete Sidewalk S.F. 1640 $2.50 $4,100.00
TOTAL $6,450.00
TOTAL CHANGE ORDER #1 $98,925.00
5/14/2002
1100 S. POWERLINE ROAD - SUITE 110 · DEERFIELD BEACH, FL 33442 - (954) 571-8740 · FAX (954) 571-8742
A~ril 16, 20O2
City of Delray Beach
434 S. Swinton Ave.
Delray Beach, FL. 33444
A'TTN: Vic Majtenyl
RE: A1A Handicap Parking Modifications-Project 200.1-015
The following is a proposal to supply all material; labor and equipment according to the
scope of work listed below.
1) Maintenance of traffic-Lump Sum'
2) Clearing and grabbing-Lurep Sum
3) 4" thick concrete sidewalk
Quantity: 16~0 SF'~ $2.50/SF
$ 3OO.00
$2050.00
$4100.00
Total Cost of Job $6450.00
NOTE:
A) To be completed in one phase.
B) All sealcoat, striping, signag¢ and resetting o£car stops by others.
Sincerely,
Russell E. Paschal
Vice President
REP:rb
.,4~ CONSTRUCTION CO. INC, PHONE NO, : 95457&8742 Ma~. ¢6 2¢82 1~3:~9R~ P2
1100 S. POWERLINE ROAD - SUITE 110 - DEERFIELD BEACH, FL 33442 - (954) 571-8740 - FAX (954) 571-8742
May 6,2002
, City of D¢lray Beach
434 S. Swimon Ave.
Delray Beach, FL. 33444
ATTN: Victor Majtenyl
RE: Davis Road and Koss Drive Sidewalk-Project 2002-008
The following is a proposal to supply all material, labor and equipment accor, diag to the
scope of work listed below.
1) Maintenance of traffic-Lump Sum ~~0~_
2) Clearing and grubbing-Lump Sum
3) 4" concrete sidewalk-9000 SF ~ $2.50/$F $22,500.00
4) 6" concrete sidewalk-3$O SF ~ $2.95/SF $ 1,121.00
5) Concrete driveway aprons (6")-9580 SF ~ $3~30/SF $31,614,00
6) Swale grading and sodding-2600 SY ~ $9.00/SF $23,400.00
7) Utility allowauce-Lump Sum $ 2,500.00
,8) Landscape allowance-Lump Sum $ 1,500.00
9) ¥id¢o allowance-Lump Sum ~ 340.00'
Total Cost of Job $92,475.00
Russell E. Paschal
Vice Presiden!
REP:rb
BRONSON AVE. '~"~
, ,~ ....... ~ ANDREWS AVENUE
: , ,h ....... I .... : '
SALINA AVE.
,
; : ~, ,, ........
f'h ~ 'A- ......... ! ;FTI
'SI'FIE
ENVIIROFIVIENTAL SERVICES DEPAFITlVENT HANDICAP PARKING MODIFICATIONS FILENAME
4~4 ~,~T~ .W.,mN ^,,.~_. ~.*Y .~:~ ~..~ ~.4 LOCATION MAP 2001-O15
Agenda Item No.
AGENDA REQUEST
Date: May 14, 2002
Request to be placed on:
---X--Regular Agenda
~ Special Agenda
~ Workshop Agenda
When: May 21,2002
Description of item (who, what, where, how much): Attached is an Agenda Request for City
Commission to approve a Contract Addition (C.O. #1) to Colonna Construction Co. Inc. in the amount
of $98,925.00 to the Community Improvement Sidewalks. This Contract Addibon is for the construcbon
of sidewalks, concrete driveway aprons, and sodded swales along Davis Road and Ross Drive, and the
construction of ADA compliant sidewalks along A1A at handicap stalls.
Prices are commensurate with the work to be performed Funding source is 334-3162-541-63.11
($6,450.00), General Construction Fund/Bikepaths and Sidewalks, and 334-6111-519-63.89 ($92,475.00),
General Construction Fund/Neighborhood Enhancements.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends award of Contract Addition (C.O #1) to Colonna Construction Co.
Department head signature: .3 - I¢- ~'
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (r~ir~d on all items involving expenditure of funds):
Funding available: E~,y..~NO
Funding alternatives (if applicable): See Above
Account No. & Oes~cription 3
Account Balance ~_~
Manager Review.
City' · ' '- '/' ~'' -
Approved for agenda: ~)~/.0
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\EngAdm~n\ProDects\2001\2001-004\CONSTRCT\Co 1 agenda req 05.21.02.doc
ADMINISTRATIVE SERVICES
MEMORANDUM
TO:
FROM:
SUBJECT:
David T. Harden, City Manager
obert A. Barcinski, Assistant City Manager
Agenda Item City Commission Meeting May 21, 2002
Approval Special Event - Harvest Fest
DATE: May 14, 2002
Action
City Commission is requested to endorse the 13th Annual Harvest Fest to be held on November
16th and 17th from 10 a.m. to 5 p.m. with set up on November 152, to grant a temporary use
permit per LDR's Section 2.4.6(H) for the use of Veterans Park and six parking spaces next to
the park, approve waiver of the 2 hour parking restrictions for the Veterans Park parking lot,
Chamber of Commerce parking lot, Hand's parking lot, and Vittorio's parking lot, to allow
vendor permits to be assigned by the Chamber of Commerce, to authorize staff support for
security and traffic control, and to waive LDR's section 4.6.7(D)(3)(j)(ii) to allow event signage
to be put up more than one week before the event.
Baclq~round
Attached is the request received from Lynn Bialakis on behalf of the Chamber of Commerce for
this event. The Chamber of Commerce is requesting joint use of Veterans Park with the Delray
Beach Art League. They have coordinated their joint use of the site. The Chamber of
Commerce will be responsible for event management, vendor approval, site clean up and port-a-
lets.
After review of the request with our Police Department, it has been determined that on site
security will be needed. This can be provided at the detail rate versus the overtime rate. The
estimated cost for police assistance is $1,100. Last year's overtime cost for the event were
$1,001. Overtime for other staff assistance is not required. Attached is an event budget.
Recommendation
Staff recommends approval of this event, the temporary use permit, the waiver of the 2 hour
parking limits as requested, waiver of the sign code to allow event signage to be placed by
October 29th, reservation of parking spaces as requested, and approval of staff assistance as
requested. I do not recommend waiver of the Police costs. Approval to be contingent on the
receipt of a certificate of insurance and hold harmless agreement.
RAB/tas
Filc:u:sweency/events
Doc Harvest Fest 2002 agenda item
The GREATER
DELRAY BEACH
Chamber of Commerce
April 18, 2002
Mayor and City Commission
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Dear Mayor and Commissioners:
RECEIVED
APR t Z002
Ci ~-~7 MANAG'ER
The Greater Delray Beach Chamber of Commerce is starting the planning for the 2002 Harvest Fest
scheduled for November 16 & 17. 2002.
Although the event is non-city staff intensive, there are a few requests and needs to prepare for the
festival. Please consider the following'
1. Use of Veteran's Park as main event s~te;
2. Use of the public streets and public parking facilities adjacent to Veteran's Park for additional
event s~te (separate individual request will be made to the management company of Atlantic
Plaza for use of the north parking lots);
3. Lift two-hour parking restriction in the public parking lots on SE 5th Ave., SE 6th Ave. and the lot
to the north of Atlantic Ave. in the 300 block;
4. Allow all vendor permits to be assigned by the chamber only;
5. Permission to erect signs promoting the event from October 29 through November 18, 2002~
6. Limited park maintenance staff use: spraying for ants, checking for Iow/wet spots, sprinklers
turned off, and removal and replacement of park benches;
7. Access to electricity (limited poles).
I do not foresee any overtime costs. Park maintenance requests can be done on the Friday before
event and the Monday after. Public safety (police and fire/rescue) will be handled on a 911 basis
should the need arise.
! truly appreciate the city's support of this event and as always, should you have any questions,
please do not hesitate to contact me.
Sincerely,
Director of Special Events
Cc:
David Harden, City Manager
Bob Barcinski, Assistant City Manager
Joe Weldon, Director of Parks & Recreation
Tim Simmons, Superintendent Park Maintenance
Rich Olson, Public Works
Orlando Serrano, Streets & Traffic
Greater Delray Beach Chamber of Commerce, Inc.
64-A S.E. Fifth Avenue, Delray Beach, Florida 33483
561-278-0424 · Fax 561-278-0555 · chamber@delraybeach.com
Chamber Accredited by United States Chamber of Commerce
05/14/2802 89:38 5612788555 DB CHAMBER OOMNERCE PA(~ 82
HARVEST FEST
ZNCONE
Sponsor Income
Booth Fees
Beer/W~ne
Soda Joint Venture
TOTAL INCOME
EXPENSE
Entertainment
Equipment Rental
Waste Removal/DisposaJ
Signs
Marketing
Postage
Event Supplies
Licenses
Printing
Security
Misc. Expenses
City Services
Hospitality Area
Sponsorship Expense
TOTAL EXPENSE
SURPLUS
HARVEST FEST
Final Budget
2002
2002
Budget
$15,000
15,000
2,500
2,500
$35,000
$ 1,000
1,500
3~000
2,000
250
1,500
35O
100
750
550
2,500
1,500
1,500
3,500
mmmmmmmmmmm
$ 20,000
$15~000
Net surplus (split 50/50) $ 7,500
I:IT¥ OF DELRI:I¥ B£1:11:#
CITY ATTORNEY'S OFFICE
1993
DATE: May 7, 2002
TO:
FROM:
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
MEMORANDUM
City Commission
David Harden, City ~r
Brian Shutt, Assistant City Attorney
SUBJECT: Resolution 42-02 (Acquisition of Brady Property)
Resolution No. 42-02 authorizes the City to purchase certain property located along the
east side of S.W. 5th Avenue just north of S.W. 2nd Street from the Estate of Isadora Brady
for the purchase price of $4,700.00. The purpose of the acquisition is to provide property
for first time home buyers.
Incorporated within the resolution are the terms and conditions of the contract for sale and
purchase. The contract provides for the closing to occur by July 22, 2002. The City will
pay all of the expenses of the closing, except for documentary stamps and prorations.
Please place this item on the May 21, 2002 City Commission agenda. Please call if you
have any questions.
Attachments
CC:
Barbara Garito, City Clerk
Randal Krejcarek, City Engineer
RESOLUTION NO. 42-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, DESCRIBED AS TOWN OF DELRAY
EAST ½ OF LOT 7, BLOCK 30 LOCATED ALONG THE EAST SIDE OF
S.W. 5TH AVENUE JUST NORTH OF S.W. 2~r~ STREET AS MORE
PARTICULARLY DESCRIBED HEREIN; HEREBY INCORPORATING
AND ACCEPTING THE CONTRACT STATING THE TERMS AND
CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE
ESTATE OF ISADORA BRADY AND THE CITY OF DELRAY BEACH,
FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to acquire the vacant property described as
Town of Delray East ½ of Lot 7, Block 30 located along the East side of S.W. 5t~ Avenue and just North of
S.W. 2na Street, for the purpose of providing property for first time home buyers; and
WHEREAS, the Seller hereinafter named desires to sell the property hereinafter described to the
City of Delray Beach Florida; and
WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said property
for the purpose described above.
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 Delray Beach, Florida, as Buyer, hereby agrees
to purchase from the Estate of Isadora Brady, as Seller, land for first time home buyers, for the purchase
price of Four Thousand Seven Hundred dollars ($4,700.00), and other good and valuable consideration;
said parcel being more particularly described as follows:
Town of Delray E ~A of Lot 7, Block 30 according to the plat thereof on file in
the office of the Clerk of Circuit Court in and for Palm Beach County,
Florida, in plat book 1, page 3.
Section 2. That the terms and conditions contained in the contract for sale and purchase and
addenda thereto between the City of Delray Beach, Florida, and the Seller as hereinabove named are
incorporated herein.
PASSED AND ADOPTED in regular session on the ~
day of ,2002.
ATTEST:
MAYOR
City Clerk
~! COMMUNITY
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N
~ EAST 1/2 OF LOT 7
aW ~ O~AY B[A~, ~ BLOCK 30
P~N~G ~ Z~ING DEPONENT
PARK
CONTRACT FOR SALE AND PURCHASE
THE ESTATE OF ISADORA BRADY, ("Seller"), of Delray Beach, Florida, and CITY
OF DELRAY BEACH, a Florida municipal corporation, ("Buyer"), hereby agree that the Buyer
shall buy the following real property ("Real Property") upon the following terms and conditions:
I. DESCRIPTION:
Town of Delray E ~A of Lot 7, Block 30, according to the plat thereof on file in the office
of the Clerk of Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, Page
3.
Ii. PURCHASE PRICE ................ $4,700.00
Iii. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by
and delivered to all parties OR FACT OF EXECUTION communicated in writing between the
parties on or before May 22, 2002 the offer will, at Buyer's option, be withdrawn. The date of
this Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has
signed this offer.
IV. TITLE EVIDENCE: At least 7 days before closing date, Buyer shall obtain a title
insurance commitment.
V. CLOSING DATE: This transaction shall be closed and the deed and other closing
papers delivered on or before July 22, 2002 unless extended by other provisions of the Contract.
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
zoning, restrictions, prohibitions and other requirements imposed by governmental authority;
restrictions and matters appearing on the plat or otherwise common to the subdivision; public
utility easements of record (easements are to be located contiguous to Real Property lines and not
more than 10 feet in width as to the rear or front lines and 7 ~A feet in width as to the side lines,
unless otherwise specified herein); taxes for year of closing and subsequent years; assumed
mortgages and purchase money mortgages, if any; provided, that there exists at closing no
violation of the foregoing and none of them prevents the use of Real Property for residential
purpose.
VII. OCCUPANCY: Seller wan'ants that there are no parties in occupancy other than Seller,
but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof
shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard D. Seller
agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If
occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date
of occupancy, shall be responsible and liable for maintenance from that date, and shall be
deemed to have accepted Property in their existing condition as of time of taking occupancy
unless otherwise stated herein or in a separate writing.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions shall control all printed provisions of Contract in conflict with them.
IX. ASSIGNABILITY: Buyer may not assign Contract.
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. Evidence of Title: A title insurance commitment issued by a Florida licensed title insurer
agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of
the purchase price, insuring Buyer's title to real property, subject only to liens, encumbrances, exceptions or
qualification set forth in this agreement and those which shall be discharged by Seller at or before closing. Seller
shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this
agreement and those which shall be discharged by Seller at or before closing. Marketable title shall be determined
according to applicable title standards adopted by authority of The Florida Bar and in accordance with law. If title is
found defective, Buyer shall notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable,
Seller will have one hundred twenty (120) days from receipt of notice within which to remove the defect(s), failing
which Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid
which shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further
obligations under the agreement. Seller will, if title is found unmarketable, use diligent effort to correct defect(s) in
title within the time provided therefor, including the bringing of necessary suits.
B. Survey: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to
examine same, may have real property surveyed and certified by a registered Florida surveyor. If survey shows
encroachment on real property or that improvements located on real property encroach on setback lines, easements,
lands of others, or violate any restrictions, agreement covenants or applicable governmental regulation, the same
shall constitute a title defect.
C. Ingress and Egress: Seller warrants and represents that there is ingress and egress to the
real property sufficient for the intended use as described herein, title to which is in accordance with Standard A.
D. Leases: Seller shall, not less than fifteen (15) days before closing, furnish to Buyer
copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's
occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter
from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a
Seller's affidavit, and Buyer may thereaRer contact tenants to confirm such information. Seller shall, at closing,
deliver and assign all original leases to Buyer.
E. Liens: Seller shall furnish to Buyer at time of closing an affidavit attesting to the
absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors known
to Seller and further attesting that there have been no improvemen~ or repairs to property for ninety (90) days
immediately preceding date of closing. If property has been improved, or repaired within that time, Seller shall
deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and
materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcon-
tractors, suppliers and materialmen and further affirming that all charges for improvements or repairs which could
serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing.
F. Place of Closin2: Closing shall be held in the county where real property is located, at
the office of the attorney or other closing agent designated by Buyer.
G. Time: Time is of the essence of this agreement. Time periods herein of less than six (6)
days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period
-2-
provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of thc next
business day.
H. Documents for Closing: Seller shall furnish deed, bill of sale, mechanic's lien affidavit,
assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments. Buyer shall furnish closing
statement, mortgage, mortgage note, security agreement, and financial statements.
I. Expenses: Documentary stamps on the deed shall be paid by Seller.
J. Prorations; credits: Taxes, assessments, rent, interest, insurance and other expenses and
revenue of property shall be prorated through day before closing. Buyer shall have the option to taking over any
existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be
increased or decreased as may be required by prorations. Prorations will be made through day prior to occupancy if
occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer and escrow deposits
held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due
allowance made for maximum allowable discount,homestead and other exemptions. If closing occurs at a date when
the current year's milage is not fLxed, and current year's assessments is available, taxes will be prorated based upon
such assessment and the prior year's milage. If current year's assessment is not available, then taxes will be prorated
on the prior year's tax. If there are completed improvements on real property by January 1st of year of closing which
improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the prior
year's milage and at an equitable assessment to be agreed upon between the parties, failing which, request will be
made to the County Property Appraiser for an informal assessment taking into consideration available exemptions.
Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon
receipt of tax bill on condition that a statement to that effect is in the closing statement.
K. Special Assessment Liens: Certified, confirmed and ratified special assessment liens as
of date of closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be
assumed by Buyer. If the improvement has been substantially completed as of Effective Date, such pending lien
shall be considered as certified, confh-med or ratified and Seller shall, at closing, be charged an amount equal to the
last estimate of assessment for the improvement by the public body.
L. Inspection~ Repair and Maintenance: Seller warrants that, as often (10) days prior to
closing, the ceiling, roof (including the fascia and soffits) and exterior and interior walls do not have any VISIBLE
EVIDENCE of leaks or water damage and that the septic tank, pool, all major appliances, heating, cooling,
electrical, plumbing systems and machinery are in WORKING CONDITION. Buyer may, at Buyer's expense,
having inspections made of those items by an appropriately Florida license person dealing in the construction, repair
or maintenance of those items and shall report in writing to,Seller such items that do not meet the above standards as
to defects together with the cost of correcting them, prior to Buyer's occupancy or not less than ten (10) days prior to
closing, whichever occurs first. Unless Buyer reports such defects within that time Buyer shall be deemed to have
waived Seller's warranties as to defects not reported. If repairs or replacement are required, Seller shall pay up to
three percent (3%) of the purchase price for such repairs or replacements by an appropriately Florida licensed person
selected by Seller. If the cost for such repairs or replacement exceeds three percent (3%) of the purchase price,
Buyer or Seller may elect to pay such excess, failing which either party may cancel this agreement. If Seller is
unable to correct the defects prior to closing, the cost thereof shall be paid into escrow at closing. Seller will, upon
reasonable notice, provide utilities service for inspections. Between the effective date and the closing, Seller shall
maintain property including but not limited to the lawn and shrubbery, in the condition herein warranted, ordinary
wear and tear excepted. Buyer shall be permitted access for inspection of property prior to closing in order to
confirm compliance with this standard.
M. .Risk of Loss: If the property is damaged by fu-e or other casualty before closing and cost
of restoration does not exceed the purchase price of the property so damaged, cost of restoration shall be an
obligation of the Seller and closing shall proceed pursuant to the term so the agreement with restoration costs
escrowed at closing. If the cost of the restoration exceeds three percent (3%) of the assessed valuation of the
improvements so damaged, Buyer shall have the option of either taking property as is, together with either the three
-3-
percent (3%) or any insurance proceeds payable by virtue of such loss or damage, or of canceling the agreement and
receiving return of deposit(s).
N. Escrow: Any escrow agent ("Agent") receiving funds or equivalent is authorized and
agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them
in accordance with terms and conditions of agreement. Failure of clearance of funds shall not excuse Buyer's
performance. If in doubt as to Agent's duties or liabilities under the provisions of agreement, Agent may, at Agent's
option, continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement, or until
a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with
the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action,
all liability on the par~ of Agent shall fully terminate, except to the extent of accounting for any items previously
delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S.
(1997), as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent
hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable
attorney's fees and costs incurred with the fees and costs to be charged and assessed as court costs in favor of the
prevailing party. Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller
of items subject to this escrow, unless such misdelivery is due to willful breach of contract or gross negligence of
Agent.
O. Failure of Performance: If Buyer fails to perform this Contract within the time specified
(including payment of all deposit(s)), the deposit(s) paid by Buyer may be retained by or for the account of Seller as
agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any claims;
whereupon, Buyer and Seller shall be relieved of all obligations under Contract; or Seller, at Seller's option, may
proceed in equity to enforce Seller's rights under this Contract. If, for any reason other than failure of Seller to make
Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may
seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for
damages resulting from Seller's breach.
P. Agreement Not Recordable~ Persons Boundl Notice: Neither this agreement nor any
notice of it shall be recorded in any public records. This agreement shall bind and enure to the benefit of the parties
and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall
include a11. Notice given by or to the attorney for any party shall be as effective as if given by or to that party.
Q. Conveyance: Seller shall convey the property by way of Warranty Deed subject to an
easement for any utilities that may exist and lie on the property.
R. Other Agreements: No prior or present agreements or representations shall be binding
upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or
binding upon the parties unless in writing and executed by the party or parties intended to be bound by it.
S. Warranties: Seller warrants that there are no facts known to Seller materially affecting
the value of the real property which are not readily observable by Buyer or which have not been disclosed to Buyer.
BUYER: City of Delray Beach
SELLER:
By:
Mayor, David Schmidt
By:.
Print Name:
WITNESSES:
(Please Type or Print Name)
ATTEST:
By:
City Clerk
-4-
Approved as to Form:
By:
City Attorney
(Please Type or Prim Name)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ~ day of ,
2002 by who is personally known to me or
who has produced .(type of identification) as identification.
Signature of Notary Public-
State of Florida
-5-
[IT¥ JIF I]ELIIfl¥ BER[H
CITY ATTORNEY'S OFFICE
200 NW lsI AVENUE * DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line' 561/243-7091
1993
DATE:
TO:
FROM:
MEMORANDUM
May 7, 2002
City Commission
Oavid Harden, City Manager
Brian Shutt, Assistant City Attorney
SUBJECT: Resolution 43-02 (Acquisition of Clark Property)
Resolution No. 43-02 authorizes the City to purchase certain property located along the
south side of S.W. 2na Terrace and between S.W. 7th and S.W. 8th Avenue from James M.
Clark for the purchase price of $9,500.00. The purpose of the acquisition is to provide
property for first time home buyers.
Incorporated within the resolution are the terms and conditions of the contract for sale and
purchase. The contract provides for the closing to occur by July 22, 2002. The City will
pay all of the expenses of the closing, except for documentary stamps and prorations.
Please place this item on the May 21, 2002 City Commission agenda. Please call if you
have any questions.
Attachments
CC:
Barbara Garito, City Clerk
Randal Krejcarek, City Engineer
RESOLUTION NO. 43-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, DESCRIBED AS LOT 23, CARVER
SQUARE LOCATED ALONG THE SOUTH SIDE OF S.W. 2ND
TERRACE BETWEEN S.W. 7TM AND S.W. 8TM AVENUE AS MORE
PARTICULARLY DESCRIBED HEREIN; HEREBY INCORPORATING
AND ACCEPTING THE CONTRACT STATING THE TERMS AND
CONDITIONS FOR THE SALE AND PURCHASE BETWEEN JAMES M.
CLARK AND THE CITY OF DELRAY BEACH, FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to acquire the vacant property described as
Lot 23, Carver Square located along the South side of S.W. 2na Terrace and between S.W. 7th and S.W. 8th
Avenue, for the purpose of providing property for first time home buyers; and
WHEREAS, the Seller hereinafter named desires to sell the property hereinafter described to the
City of Delray Beach Florida; and
WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said property
for the purpose described above.
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 Delray Beach, Florida, as Buyer, hereby agrees
to purchase from James M. Clark, as Seller, land for first time home buyers, for the purchase price of Nine
Thousand Five Hundred dollars ($9,500.00), and other good and valuable consideration; said parcel being
more particularly described as follows:
Lot 23, Carver Square, according to the plat thereof on file in the office of the
Clerk of Circuit Court in and for Palm Beach County, Florida, in plat book
24, page 11.
Se~ion 2. That the terms and conditions contained in the contract for sale and purchase and
addenda thereto between the City of Delray Beach, Florida, and the Seller as hereinabove named are
incorporated herein.
PASSED AND ADOPTED in regular session on the ~
day of ,2002.
ATTEST:
MAYOR
City Clerk
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CITY OF DEI.RAY BEACH, FL
PLANNING & ZONING DEPARltJENT
CARVER SQUARE
LOT 23
-- D/~/TAL ~ISE' 444P SYST"E'M -- MAP REF: LMXXX
CONTRACT FOR SALE AND PURCHASE
JAMES M. CLARK, ("Seller"), of Delray Beach, Florida, and CITY OF DELRAY
BEACH, a Florida municipal corporation, ("Buyer"), hereby agree that the Buyer shall buy the
following real property ("Real Property") upon the following terms and conditions:
I. DESCRIPTION:
Lot 23, Carver Square, according to the plat thereof on file in the office of the Clerk of
Circuit Court in and for Palm Beach County, Florida, in Plat Book 24, Page 11.
II. PURCHASE PRICE ................ $9,500.00
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by
and delivered to all parties OR FACT OF EXECUTION communicated in writing between the
parties on or before May 22, 2002 the offer will, at Buyer's option, be withdrawn. The date of
this Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has
signed this offer.
IV. TITLE EVIDENCE: At least 7 days before closing date, Buyer shall obtain a title
insurance commitment.
V. CLOSING DATE: This transaction shall be closed and the deed and other closing
papers delivered on or before July 22, 2002 unless extended by other provisions of the Contract.
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
zoning, restrictions, prohibitions and other requirements imposed by governmental authority;
restrictions and matters appearing on the plat or otherwise common to the subdivision; public
utility easements of record (easements are to be located contiguous to Real Property lines and not
more than 10 feet in width as to the rear or front lines and 7 ½ feet in width as to the side lines,
unless otherwise specified herein); taxes for year of closing and subsequent years; assumed
mortgages and purchase money mortgages, if any; provided, that there exists at closing no
violation of the foregoing and none of them prevents the use of Real Property for residential
purpose.
VII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller,
but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof
shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard D. Seller
agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If
occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date
of occupancy, shall be responsible and liable for maintenance from that date, and shall be
deemed to have accepted Property in their existing condition as of time of taking occupancy
unless otherwise stated herein or in a separate writing.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions shall control all printed provisions of Contract in conflict with them.
IX. ASSIGNABILITY: Buyer may not assign Contract.
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. Evidence of Title: A title insurance commimaem issued by a Florida licensed title insurer
agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of
the purchase price, insuring Buyer's title to real property, subject only to liens, encumbrances, exceptions or
qualification set forth in this agreement and those which shall be discharged by Seller at or before closing. Seller
shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this
agreement and those which shall be discharged by Seller at or before closing. Marketable title shall be determined
according to applicable title standards adopted by authority of The Florida Bar and in accordance with law. If title is
found defective, Buyer shall notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable,
Seller will have one hundred twenty (120) days from receipt of notice within which to remove the defect(s), failing
which Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid
which shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further
obligations under the agreement. Seller will, if title is found unmarketable, use diligent effort to correct defect(s) in
title within the time provided therefor, including the bringing of necessary suits.
B. Survey: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to
examine same, may have real property surveyed and certified by a registered Florida surveyor. If survey shows
encroachment on real property or that improvements located on real property encroach on setback lines, easements,
lands of others, or violate any restrictions, agreement covenants or applicable governmental regulation, the same
shall constitute a title defect.
C. Ingress and Egress: Seller warrants and represents that there is ingress and egress to the
real property sufficient for the intended use as described herein, title to which is in accordance with Standard A.
D. Leases: Seller shall, not less than fiReen (15) days before closing, furnish to Buyer
copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's
occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter
from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a
Seller's affidavit, and Buyer may thereafter contact tenants to confmn such information. Seller shall, at closing,
deliver and assign all original leases to Buyer.
E. Liens: Seller shall furnish to Buyer at time of closing an affidavit attesting to the
absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors known
to Seller and further attesting that there have been no improvements or repairs to property for ninety (90) days
immediately preceding date of closing. If property has been improved, or repaired within that time, Seller shall
deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and
materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcon-
tractors, suppliers and materialmen and further affu'ming that all charges for improvements or repairs which could
serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing.
F. Place of Closing: Closing shall be held in the county where real property is located, at
the office of the attorney or other closing agent designated by Buyer.
O. Time: Time is of the essence of this agreement. Time periods herein of less than six (6)
days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period
-2-
provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next
business day.
H. Documents for Closing: Seller shall furnish deed, bill of sale, mechanic's lien affidavit,
assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments. Buyer shall furnish closing
statement, mortgage, mortgage note, security agreement, and financial statements.
Expenses: Documentary stamps on the deed shall be paid by Seller.
J. Prorationsl credits: Taxes, assessments, rent, interest, insurance and other expenses and
revenue of property shall be prorated through day before closing. Buyer shall have the option to taking over any
existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be
increased or decreased as may be required by prorations. Prorations will be made through day prior to occupancy if
occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer and escrow deposits
held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due
allowance made for maximum allowable discount,homestead and other exemptions. If closing occurs at a date when
the current year's milage is not fixed, and current year's assessments is available, taxes will be prorated based upon
such assessment and the prior year's milage. If current year's assessment is not available, then taxes will be prorated
on the prior year's tax. If there are completed improvements on real property by January 1st of year of closing which
improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the prior
year's milage and at an equitable assessment to be agreed upon between the parties, failing which, request will be
made to the County Property Appraiser for an informal assessment taking into consideration available exemptions.
Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon
receipt of tax bill on condition that a statement to that effect is in the closing statement.
K. ,Special Assessment Liens: Certified, confirmed and ratified special assessment liens as
of date of closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be
assumed by Buyer. If the improvement has been substantially completed as of Effective Date, such pending lien
shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the
last estimate of assessment for the improvement by the public body.
L. ..l..n..spection~ Repair and Maintenance: Seller warrants that, as often (I0) days prior to
closing, the ceiling, roof (including the fascia and soffits) and exterior and interior walls do not have any VISIBLE
EVIDENCE of leaks or water damage and that the septic tank, pool, all major appliances, heating, cooling,
electrical, plumbing systems and machinery are in WORKING CONDITION. Buyer may, at Buyer's expense,
having inspections made of those items by an appropriately Florida license person dealing in the construction, repair
or maintenance of those items and shall report in writing to Seller such items that do not meet the above standards as
to defects together with the cost of correcting them, prior to Buyer's occupancy or not less than ten (10) days prior to
closing, whichever occurs first. Unless Buyer reports such defects within that time Buyer shall be deemed to have
waived Seller's warranties as to defects not reported. If repairs or replacement are required, Seller shall pay up to
three percent (3%) of the purchase price for such repairs or replacements by an appropriately Florida licensed person
selected by Seller. If the cost for such repairs or replacement exceeds three percent (~3%) of the purchase price,
Buyer or Seller may elect to pay such excess, failing which either party may cancel this agreement. If Seller is
unable to correct the defects prior to closing, the cost thereof shall be paid into escrow at closing. Seller will, upon
reasonable notice, provide utilities service for inspections. Between the effective date and the closing, Seller shall
maintain property including but not limited to the lawn and shrubbery, in the condition herein warranted, ordinary
wear and tear excepted. Buyer shall be permitted access for inspection of property prior to closing in order to
confirm compliance with this standard.
M. Risk of Loss: If the property is damaged by fire or other casualty before closing and cost
of restoration does not exceed the purchase price of the property so damaged, cost of restoration shall be an
obligation of the Seller and closing shall proceed pursuant to the term so the agreement with restoration costs
escrowed at closing. If the cost of the restoration exceeds three percent (3%) of the assessed valuation of the
improvements so damaged, Buyer shall have the option of either taking property as is, together with either the three
-3-
percent (3%) or any insurance proceeds payable by virtue of such loss or damage, or of canceling the agreement and
receiving return of deposit(s).
N. Escrow: Any escrow agent ("Agent") receiving funds or equivalent is authorized and
agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them
in accordance with terms and conditions of agreement. Failure of clearance of funds shall not excuse Buyer's
performance. If in doubt as to Agent's duties or liabilities under the provisions of agreement, Agent may, at Agent's
option, continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement, or until
a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with
the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action,
all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously
delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S.
(1997), as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent
hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable
attorney's fees and costs incurred with the fees and costs to be charged and assessed as court costs in favor of the
prevailing party. Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller
of items subject to this escrow, unless such misdelivery is due to willful breach of contract or gross negligence of
Agent.
O. Failure of Performance: If Buyer fails to perform this Contract within the time specified
(including payment of all deposit(s)), the deposit(s) paid by Buyer may be retained by or for the account of Seller as
agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any claims;
whereupon, Buyer and Seller shall be relieved of all obligations under Contract; or Seller, at Seller's option, may
proceed in equity to enforce Seller's rights under this Contract. If, for any reason other than failure of Seller to make
Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may
seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for
damages resulting ~om Sellers breach.
P. Agreement Not Recordable~ Persons Bound~ Notice: Neither this agreement nor any
notice of it shall be recorded in any public records. This agreement shall bind and enure to the benefit of the parties
and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall
include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party.
Q. Conveyance: Seller shall convey the property by way of Warranty Deed subject to an
easement for any utilities that may exist and lie on the property.
R. Other Aereements: No prior or present agreements or representations shall be binding
upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or
binding upon the parties unless in writing and executed by the party or parties intended to be bound by it.
S. Warranties: Seller warrants that there are no facts known to Seller materially affecting
the value of the real property which are not readily observable by Buyer or which have not been disclosed to Buyer.
BUYER: City of Delray Beach
SELLER:
By: By:.
Mayor, David Schmidt
James M. Clark
ATTEST:
WITNESSES:
By:,
City Clerk
(Please Type or Print Name)
-4-
Approved as to Form:
By:
City Attorney
(Please Type or Print Name)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of .,
2002 by who is personally known to me or
who has produced (type of identification) as identification.
Signature of Notary Public-
State of Florida
-5-
MEMORANDUM
TO:.
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM - REGL~AR MEETING OF MAY 21, 2002
RESOLLYFION NO. 45-02.
DATE: May 17, 2002
This is a resolution assessing costs for abatement action necessary to remove junked md/or abandoned
vehicles from five (5) properties within the ~ty.
The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the
properties in the event the assessments remain unpaid.
Recommend approval of Resolution No. 45-02.
AgmemoR~.No.4~02AV
R~SOLUTZON NO. 45-02
A RESOLUTION OF TH~ CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY
REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY
BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH
SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE
DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDIN~ FOR
TliE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A
LI~N UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
TIiE MAILING OF NOTICE OF LIEN.
WHEREAS, the City Nanager or his designated representative has, pursuant
to Chapter 90 of the Code of Ordinances, removed Junked and/or abandoned vehicles
owned by persons described in the list attached hereto and made a part hereof, for
violation of the provisions of Chapter 90 of the Code of Ordinances; and,
WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of the City of
Delray Beach, the City Manager or his designated representative has determined that a
nuisance existed in accordance with the standards set forth in Chapter 90 of the Code
of Ordinances, and did furnish the respective owner(s) of the land(s) described in
the attached list with written notice of public nuisance pursuant to Sections 90.02
and 90.03 of the Code of Ordinances; and,
MHEREAS, the property owner(s) named in the list attached hereto and made
a part hereof did fail ~nd neglect to remove said junked and/or abandoned vehicles,
and thus failed to abate the nuisance(s) or to properly request a hearing pursuant to
Chapter 90 within the time limits prescribed in Chapter 90 of the Code of Ordinances,
or if the property owner(s) did request and receive a hearing, said property owner(s)
failed and/or neglected to abate such nuisance(s) as required by Chapter 90 of the
Code of Ordinances; and,
WHEREAS, the City of Delray Beach, through the Ctty Admtnistratton or such
agents ,or co~tractora hired by the City Adm/nistration was. therefore required tn and
did remove said J.unked .and/or abandoned yah/cleo owned by persons described in the
list attached and made a part hereo~ and incurred cost~ in. abating the subjec~
~uisance(s); and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant to
Chapter 90 of the Code of Ordinances of the City of Delray Beach, submitted to the
City Commission a re~ort of the costs incurred in abating said nuisance(s) as
aforesaid; and,
t~l~R;,~, the City Co~nission of the City of Delray Beach, pursuant to
Chapter 90 of the Code of Ordinances desires to assess the cost of said nuisance(s)
against said property owner(s),
COST OF ABATING NUISANCES UNDER CHAPTER 90
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
R. M. BROWNLEE &
ANDERSON BLOCK, DELRAY BEACH JACQUELINE W BROWNLEE
LOT 5, PB 22, P 45, PUBLIC RECORDS OF 9601 COLLINS AVENUE #
PALM BEACH COUNTY, FL PH107
(605 & 615 SE 1ST AVENUE) BAL HARBOUR, FL 33154-2214
12 43 46 21 05 000 0050
CUST ID#8191 $ 35.00
TOTTERDALE ADD, LOT 6, BLOCK 4, PB 23, P 151, REID TORGERSON
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 515 LAKE DRIVE
(515 LAKE DRIVE) DELRAY BEACH, FL 33444
12 43 46 08 20 004 0060
CUST ID # 9505 $ 35.00
PINE TRAIL SECTION 1, W 1/2 OF LOT 8, BLOCK 3,
PB 32, P 58, PUBLIC RECORDS OF PALM MAJEUR EXANTUS &
BEACH COUNTY, FL A. MARIE JEREMIE
(4696 NW 6TH COURT) 4696 NW 6TH COURT
12 43 46 12 07 003 0081 DELRAY BEACH, FL 33445
CUST ID # 9506 $ 90.00
TOWN OF DELRAY, N 50 ImF OF S 350 FT OF E 1/2
OF BLOCK 71, PB 1, P 3, PUBLIC RECORDS OF FELIClTE GENTIL
PALM BEACH COUNTY, FL 214 SE 1ST AVENUE
(214 SE 1ST AVENUE) DELRAY BEACH, FL 33445
12 43 46 16 01 071 0100
CUST ID #6691 $ 35.00
TOWN OF D~LRA-Y, N 5{~FT OF S 350 FT OF E 1/2 -
OF BLOCK 71, Pa 1, P 3, PUBI~IC RECORDS OF F~LICITE GEN~FIL
PALM BEACH COUNTY, FL 214 SE 1ST AVENUE
(214 SE 1ST AVENUE) DELRAY BEACH, FL 33445
12 43 46 16 01 071 0100
CUST ID #6691 $ 35.00
VIOLATION IS: SECTION 90.03 - STORING, PARKING OR
LEAVING WRECKED OR INOPERABLE MOTOR HAZARDS;
DECLARED NUISANCE
4
Res. No. 45-02
MEMORANDUM
T~
FROM~
SUBJECT:
MAYOR AND CITY ODlvIIV~SSIONERS
CITY MANAGER ~
AGENDA ITEM - REGULAR MEETING OF MAY 21, 2002
RESOLUTION NO. 45-02.
DATE: May 17, 2002
This is a resolution assessing costs for abatement action necessary to remove junked and/or abandoned
vehicles from five (5) properties within the City.
The resolution sets forth the actual costs incurred and provides the mechanism to attach llem against the
properties in the event the assessments remain unpaid.
Recommend approval of Resolution No. 45-02.
AgmemoRes.No.45-02AV
NO. 4S-02
A RESOLUTION OF THE CITY COMMISSION OF TH~ CITY OF DELRAY BEACH,
FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY
REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY
BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH
SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE
DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDIN~ FOR
THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A
LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAXLING OF NOTICE OF LIEN.
WHEREAS, the City Manager or his designated representative has, pursuant
to Chapter 90 of the Code of Ordinances, removed Junked and/or abandoned vehicles
owned by persons described in the list attached hereto and made a part hereof, for
violation of the provisions of Chapter 90 of the Code of Ordinances; and,
WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of the City of
Delray Beach, the City Manager or his designated representative has determined that a
nuisance existed in accordance with the standards set forth in Chapter 90 of the Code
of Ordinances, and did furnish the respective owner(s) of the land(s) described in
the attached list with written notice of public nuisance pursuant to Sections 90.02
and 90.03 of the Code of Ordinances; and,
WHEREAS, the property owner(s) named in the list attached hereto and made
a part hereof did fail and neglect to remove said junked and/or abandoned vehicles,
and thus failed to abate the nuisance(s) or to properly request a hearing pursuant to
Chapter 90 within the time limits prescribed in Chapter 90 of the Code of Ordinances,
or if the property owner(s) did request and receive a hearing, said property owner(s)
'failed and/or neglected to abate such nuisance(s) as required by Chapter 90 of the
Code of Ordinances; and,
WHEREAS, the City of Delray Beach, through the City Administration or such
agents .or co~tractors hired by the City Administration was~ therefore required t~ and
did remove said J_unked _and/or abandoned veh/cles owned by persons described in the
list attached and made a part hereo~ and incurred cost~ in_abating the subjec~
~utsance(s); and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant to
Chapter 90 of the Code of Ord/nances of the City of Delray Beach, submitted to the
City Commission a report of the costs incurred in abating aaid nuisance(s) as
aforesaid; and.
WHEREAS, the City Con~nission of the City of Delray Beach, pursuant to
Chapter 90 of the Code of Ordinances desires to assess the cost of aaid nuisance(s)
against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown by the
report of the City Manager of the City of Delray Beach, involving the City's cost of
abating the aforesaid nuisances a copy of which is attached hereto and made a part
hereof, are hereby levied against the parcel(s) of land described in said report &nd
in the amount(s) indicated thereon. Said assessments so levied shall, if not paid
within thirty (30) days after mailing of the notice described in Section 3, become a
lien upon the respective lots and parcel(s) of land described in said report, of the
same nature and to the same extent as the lien for general city taxes and shall be
collectible in the same manner and with the same penalties and under the same
provisions as to sale and foreclosure as City taxes are collectible.
Section 2. That such assessment shall be legal, valid and binding
obligations upon the property against which said assessments are levied.
Section 3. That the City Clerk of the City of Delray Beach is hereby
directed to immediately mail by first class mail to the owner(s) of the property, as
such ownership appears upon the records of the County Tax Assessor, notice(s) that
the City Commission of the City of Delray Beach on the
has levied an assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable within thirty (30)
days after the mailing date of said notice of assessment, after which a lien shall be
placed on said property, and interest will accrue at the rate of 8% per annum, plus
reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty (30) days
from the date of adoption and the assessment(s) contained herein and shall become due
and payable thirty (30) days after the mailing date of the notice of said
assessment(s), after which a lien shall be placed on said property(s), and interest.
shall agcrue at the rate of eight '($) percent per annum plus, if collection
proceedings are necessary, the costs of such p~oceedings .including a reasonable
attorney's fee.
Sect/oh $. That in the event that payment has not been received by the
City Clerk within thirty (30) days after the mailing date of the notice of
assessment, the City Clerk is hereby directed to record a certified copy of this
resolution in the public records of Palm Beach County, Florida, and upon the date and
time of recording of the certified cory of this resolution a lien shall become
effective on the subject property which shall secure the cost of abatement, interest
at the rate of 8%, and collection costs including a reasonable attorney's fee.
Res. No. 45-02
Section 6. That at the time the City Clerk eends the certified copy of
this resolution for recording, & notice of lien, in the form of prescribed in Section
90.06 of the Code of Ordinances, aha11 be mailed to the property owner.
PASSED AND ADO~ in regular session on this the
, 2002.
~ay of
ATTESTs
MAYOR
~ity Clerk
Res. No. 45-02
COST OF ABATING NUISANCES UNDER CHAPTER 90
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
R. M. BROWNLEE &
ANDERSON BLOCK, DELRAY BEACH JACQUELINE W BROWNLEE
LOT 5, PB 22, P 45, PUBLIC RECORDS OF 9601 COLLINS AVENUE #
PALM BEACH COUNTY, FL PH107
(605 & 615 SE 1ST AVENUE) BAL HARBOUR, FL 33154-2214
12 43 46 21 05 000 0050
CUST ID# 8191 $ 35.00
TOTTERDALE ADD, LOT 6, BLOCK 4, PB 23, P 151, REID TORGERSON
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 515 LAKE DRIVE
(515 LAKE DRIVE) DELRAY BEACH, FL 33444
12 43 46 08 20 004 0060
CUST ID # 9505 $ 35.00
PINE TRAIL SECTION 1, W 1/2 OF LOT 8, BLOCK 3,
PB 32, P 58, PUBLIC RECORDS OF PALM MAJEUR EXANTUS &
BEACH COUNTY, FL A. MARIE JEREMIE
(4696 NW 6TH COURT) 4696 NW 6TH COURT
12 43 46 12 07 003 0081 DELRAY BEACH, FL 33445
CUST ID # 9506 $ 90.00
TOWN OF DELRAY, N 50 FT OF S 350 FT OF E 1/2
OF BLOCK 71, PB 1, P 3, PUBLIC RECORDS OF FELICITE GENTIL
PALM BEACH COUNTY, FL 214 SE 1ST AVENUE
(214 SE 1ST AVENUE) DELRAY BEACH, FL 33445
124346 1601 071 0100
CUST ID # 6691 $ 35.00
TOWN OF DI'~LRA-Y, N 5(TFT OF S 350 FT OF E 1/2
OF BLOCK 71, P-B 1, P 3, PUBLIC RECORDS OF FI~LIClTE GEN-TIL
PALM BEACH COUNTY, FL 214 SE 1ST AVENUE
(214 SE 1ST AVENUE) ~DELRAY BEACH, FL 33445
12 43 46 16 01 071 0100
CUST ID # 6691 $ 35,00
VIOLATION IS: SECTION 90.03 - STORING, PARKING OR
LEAVING WRECKED OR INOPERABLE MOTOR HAZARDS;
DECLARED NUISANCE
Res. No. 45-02
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM ~q~ - REGULAR MEETING OF MAY 21, 2002
REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: MAY 17, 2002
Attached is the Report of Appealable Land Use Items for the period May 6, 2002 through May 19,
2002. It informs the Commission of the various land use actions taken by the designated boards, that
may be appealed by the City Commission.
Recommend review of the appealable actions for the period stated. Receive and file the report as
appropriate.
S:\C~ty Clerk\chevelle folder\agenda memos\apagrnem.05.21.02
TO:
THRU:
FROM'
SUBJECT:
DAVI~~-I )/,,E~.~, C~'IARDE, CITY_ MANAGER
PA~L~ORLING,~'"I~ECTOR OF PLANNING AND ZONING
MEETING OF MAY 21, 2002 *CONSENT AGENDA *
REPORT OF APPEALABLE LAND USE ITEMS MAY 6 2002 THRU
MAY 17, 2002
The action requested of the City Commission is that of review of appealable actions
which were made by various Boards during the period of May 6, 2002 through May 17,
2002.
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.
Bo
Approved (6 to 0, DeCapito arrived late), a request for a color change for Ralph
Isuzu-Daewoo, located on the east side of South Federal Highway, south of Linton
Boulevard (2501 South Federal Highway).
Approved (7 to 0), the architectural elevation plan associated with facade
changes for Calhoun Properties, located at the northeast corner of Seacrest
Boulevard and NE 22nd Street (2201 Seacrest Boulevard).
Granted (7 to 0), an eighteen (18) month extension of the site plan modification for
Decorator's Signature, Inc. located at the northeast corner of Congress Avenue
and SW 10th Street.
City Commission Documentation
Appealable Items Meeting of May 21,2002
Page 2
D=
Tabled (7 to 0), a Class IV site plan modification, landscape plan and architectural
elevation plan associated with the construction of a 1,829 sq. ft. building addition
for 202 NE 6th Avenue. The Board tabled the item to allow the applicant to
redesign the project in order to be consistent with the Downtown Master Plan.
Eo
Approved (7 to 0), a Class V site plan, landscape plan and architectural elevation
plan associated with the construction of two medical office buildings comprising a
total of 70,000 sq. ft, for Delray Outpatient Properties, located on the north side
of Linton Boulevard, approximately 600 feet east of Military Trail (east of
Albertsons).
Approved (7 to 0), a Class V site plan, landscape plan and architectural elevation
plan associated with the construction of three fee simple townhomes for 126
Gleason Street, located on the west side of Gleason Street, approximately 1,200
feet south of Atlantic Avenue.
Approved (7 to 0), a Class V site plan, landscape plan and architectural elevation
plan associated with the construction of a 16,785 sq. ft. contractor's office and
warehouse, for Cobra Construction, located at the northwest corner of SW 14th
Avenue and SVV 8th Street. Concurrently, the Board granted a waiver to allow the
drive-aisle width to exceed the maximum width of 26 feet.
Approved (6 to 0, Eliopoulos stepped down), a Class V site plan, landscape plan
and architectural elevation plan associated with the construction of a 6,000 sq. ft.
pet supplies retail store for Pet Supplies Plus, located within the Linton
International Plaza at the southeast corner of Linton Boulevard and SW 10th Street.
No Regular Meeting of the Planning and Zoning Board was held during this period.
No Regular Meeting of the Historic Preservation Board was held during this period.
By motion, receive and file this report.
Attachment: Location Map.
'CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting-
May 21, 2002
GULF STREAM BLVD
~ ~ LAKE 'DA ROA
A T~N~C ~ ~~
I
LOWSON BOU~ARD
LI~OH BOU~ARD
L-38 CA~L
N W 2NDST
S W 2NDST
C-f5 CANAL
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S.P.R.A.B.
A. RALPH ISUZU - DAEWO0
B. CALHOUN PROPERTIES
C DECORATORS SIGNATURE, INC.
D 202 NE 6TH AVENUE
E. DELRA ¥ OUTPATIENT PROPERTIES
F. 126 GLEASON STREET
G. COBRA CONSTRUCTION
H. PET SUPPLIES PLUS
CiTY UMITS
ONE MILE
GRAPHIC SCALE
CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
20O2
- - D,~/TA L BASE HAP SYSTEM..
CITY OF DELRI:I¥ gEl:ICH
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
1993
MEMORANDUM
DATE: May 16, 2002
TO: City Commission
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Acceptance of Easement Deed from the Brookfield Company
The following easement deed grants to the City the means to maintain a sidewalk and
utilities along the east side of Fisher Lane after they have been constructed by the
developer. The proposed project is located between Fisher Lane and the intracoastal
waterway. The project consists of the construction of a residential home.
By copy of this memorandum to David Harden, our office requests that this item be placed
on the May 21, 2002 City Commission agenda for acceptance.
Please call if you have any questions.
Attachment
David T. Harden, City Manager
Barbara Garito, City Clerk
Randal Krejcarek, City Engineer
Prepared by and Return to:
MICHAEL S. WEINER, ESQUIRE
Weiner & Aronson, P.A.
102 North Swinton Avenue
Delray Beach, Florida 33444
EASEMENT DEED
THIS INDENTURE is made this 8th day of May, 2002 by THE BROOKFIELD
COMPANY of BOCA RATON, a Florida corporation ("Brookfield") with a mailing address of P.O.
Box 8.12169, Boca Raton, Florida 33481:
WITNESSETH: That, Brookfield for and in consideration of the mutual promises herein
contained and other good and valuable considerations, does hereby grant unto the City, its successors
and assigns, a right-of-way and perpetual non-exclusive easement under and across the following
described property, further described in Exhibit "A", located in Palm Beach County, Florida for
the purposes of: (i) the operation, maintenance and construction of a sidewalk; and (ii) construction,
operation and maintenance of one or more water, sewer and/or utility transmission or distribution
lines, and all normal appurtenances thereto.
That, concomitant and coextensive with this right is the further right in the City, its
successors and assigns, of ingress and egress over and on that portion of land described above, to
effect the purposes of the non-exclusive easement, including but not limited to all necessary rights
of ingress and egress for the purposes of providing a sidewalk and providing water, sewer, and/or
utility services provided that such rights of ingress and egress shall be exemised in a reasonable
manner in accordance with the standard practices in the industry, together with the right and
privilege to inspect, alter, remove or relocate such sidewalk or lines and appurtenances thereto within
the easement herein granted, with all rights and privileges necessary or convenient for the full use
and enjoyment thereof for the above-stated purposes.
That, this non-exclusive easement shall be subject only to those easements, restrictions, and
reservations of record. That, Brookfield agrees to provide for the release or subordination of any and
all mortgages or liens encumbering this non-exclusive easement. That, the City shall not erect any
vertical improvement, or building or effect any other kind of construction or improvements upon or
above the above-described property except a fire hydrant in accordance with standard practices in
the industry or a sidewalk of not more than five feet (5') in width and standard height for a sidewalk
in accordance with standard practices in the industry. That Brookfield agrees to erect no building
or effect any other kind of construction or improvements upon the above described property.
It is understood that upon completion of any future maintenance of such sidewalk or such
lines, all lands disturbed thereby as a result of such maintenance performed thereon, shall be restored
to its original or like condition without expense to Brookfield.
Brookfield does hereby fully warrant the title to said land and shall defend the same against
the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right
and lawful authority to grant the above-described non-exclusive easement and that the same is
unencumbered except as provided above. Where the context of this Easement Deed allows or
permits, the same shall include the successors or assigns of the parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the
day and year first above written.
.WITNESS #1:
(Name printed or typed)
/~me ~nted or t~)
THE BROOKi:~ .I!~D COMPANY OF BOCA
RATON '~ ~ t ~
By:
Its:
ATTEST:
AGREED TO AND ACCEPTED BY:
City Clerk
Approved as to form:
THE CITY OF DELRAY BEACH, a Florida
Municipal Corporation
By:
David W. Schmidt, Mayor
City Attorney
2
STATE OF FLORID~(~,~_ ~ ~_~,r< .-~/~ / )
couNn,
)
~ff~ as -V~C~ ~, (name of officer or agent, title of ¢ficer or agent), qf
a<~/~~~'(~~~f co.oration ac~owledmg), a ~~ ~~~ ~
e or place of mco¢ora~on) ~o~uon, on behalf of the co~orafion.~She ~s pe~onall7 ~~ or has
produced (~e of ;dennficanon) ~ id~ntificah°n.
'
STATE OF FLORIDA )
COUNTY OF )
Signamre?ffPerson Takin~g Xcknowledgm~t
/'
Name Typed, Printed or Stamped
The foregmng instrument was acknowledged before me this ~ day of , 2002, by
, as (name of officer or agent, title of officer or agent), of
(name of corporation acknowledgnng), a
(state or place of incorporation) corporanon, on behalf of the corporation. He/She is personally known to me or has
produced (type of ~dentfficanon) as ldentificanon.
S~gnature of Person Taking Acknowledgment
Name Typed, Printed or Stamped
O kBROK002\Easement Deed wpd
3
SKETOH AND BESCRIPTION
8' UTILITY EASEMENT
The west 8.00 feet of the following described parcel:
The South 2.50 feet of Lot 43, TOGETHER with Lot 44 nnd La! 45,
LAS PALMAS SUBDIVISION, occordincj [o the Plot thereof, os recorded
in Plot .Book 10, Page 68 of the Public Records of Palm Beach County,
Florida, TOGETHER with tho[ port of Canal Street Vacated and Abandoned
by tho City of Delroy Beach by Resolution No. 12-68, lying between the
--prolongation East of the North property line of the South 2,50 feet of
said Lot 43 and the South property line of Lot 45.
NO1ES:
1, Reproductions of this Sketch are not valid without the signature and the
original rolsed seal of o Florida licensed surveyor and mopper.
2. No Title Opinion or Abstract to the subject property has been provided.
It is possible that there ore Deeds, Easements, or other instruments
(recorded or unrecorded) which may affect the subject property. No search
of the Public Records has been made by the Surveyor.
5. The land description shown hereon was prepared by the surveyor.
4. No underground irrtprovement were ioc;3ted.
5. Angles and distances shown hereon ore based on the Plot, unless
otherwise noted.
Abbrevlotion Legend: LB = Licensed Business, ~. = CenterJine,
P.L.S.= Professional Land Surveyor, R/W = Right of Way;, P.E,=Plot Book;
PO.=~Poge; P.B.C.R.=Palm Beach Coun~.y Records.
I HEREBY CERTIFY that the attached Sketcl~ and Description of the hereon
described property is true and correct to the best of my knowledge and belief
os prepared under' my direction. I FURTHER CERTIFY that this Sketch and
Descriptioo meats the Minimum Technic(fl Standards sc~ forth iD Chapter 61G17 -
6, Florida Administrative Code, pursuant to Section 472,027, Florida Statutes.
DOOGAN, P.L.S.
Florida RegistreUon No. 4409
AVIROM & ASSOCIATES, INC.
I-B. No. 5500
INOT VALD- WITHOUT SHE.E~' 2 -OF 21
SKETCI;I AND DESCRIPTION
UTILITY EASEMENT
WEST
8.00'
LOT 43
SCALE 1"~:30'
LSOUTH 2 5'
LOT 4.,3
LOT 44.
(P.B. 10, PG. 68, P.B.C.R.)
LOT 45
(P.B. 10, PG 68, P.B.C.R.)
hUaKE'r ~- Pe~ PLAT)
(50' R/W PER PLA"~):-
[NOT VALID W~TNOUT SHEET 1 OF "21
8KETCH AND DESCRIPTION
8' UTILITY EASEMENT
The west 8.00 feet of the following described parcel:
Lots 42 ac 43, LAS PALUAS SUBDIVIS~ON, LESS the south 2.50 feet of Lot 43
occorcling to the Plot thereof, os recordec~ in Plot Book 10, Poge 6B of
the Public Records of Pelto Eteoch County, Florido, TOGETHER with thor
port of Conol Street Vocoted end Abondoned by the City of Delroy Beech
by Resolution No. 12-68, lying between the prolongotion Rest of the No~th
property line of sold Lot 42 end the North property line of the South 2.50 feet
of Lot 43.
NOll~
1. Reproductions of this Sketch ore not voJid w~thout the signoture end the
or~ginc31 roised seol of o Flori~o licensed surveyor end mopper.
2. No Title Opinion or Abstroct to the subject property hue been provided.
It is possible thet there ore Deeds, Eosements. or other instruments
(recorded or unreoorded) which moy effect the subject property Nc, scorch
of the Public Records hos been mode by the Surveyor.
The lend description shown hereon wes preporcd by the surveyor.
4. No underground improvement were Iocoted.
§. Angles end distences shown hereon ore hosed on the Plot, unless
otherwise noted.
6, Abbre¥iotion LeGend: LB ~ Licensed Business, ~--- Centerline,
P.L.S.= Professionql Lend Surveyor, R/W = Right of Wo~. P.B.=PIot Bec)k;
PG.--Poge; P.B,C.R.=Polm Beech County Records.
i HEREBY CERTIFY thc~t the attached Sketch end Description of the hereon
described property is true end correct to the best of my knowledge end belief
os prepored under my direction. I FURTHER CERTIFY thot this Sketch and
Description meets the Minimum Technico] Stonderds set forth in Chopter 61G17 -
6, Florldo Adr~inistretive Code. pursuont to Sect~n 472.027, Florido sro(utes.
JOHN T. DOOGAN, P.L.S.
Florido Registrotion No. ¢409
AVIROM & ASSOCIATES, INC.
L.B. No. 3300
VALID WITHOUT SHEET 2 ~ SI
I~.~kz~t~~ /_~k~..-..~'--~c~"~_ AVIROM · AS~OCIA~$, INC.
8KETCH AND"" ' - "' '"
DESCRIPTION
UTILITY EASEMENT
WEST
8,00'
SCALE 1"""30'
LOT 42
(P.a. lo, PC. 68, P.a.C.R.)
LOT 43
(P,I~. 10, PG. 68, P.B.C.R.)
SOUTH 2.5'
lOT 4.3
/;
~NOT ~ALI£' WI'I'HOUT SHEET 1 .OF 2J
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM ~('d ~- REGULAR MEETING OF MAY 21, 20O2 AWARD OF BIDS
AND CONTRACTS
DATE: MAY 17, 2002
This is before the City Commission to approve the award of the following bids:
Bid award to multiple vendors for the purchase of road construction materials for
the City, via the Palm Beach County Co-op Bid #2002-09 at an estimated annual
cost of $93,206.12. Funding is available from streets division and construction
division operating budget and capital project accounts.
Bid award to Red Wing Shoe Store for the purchase of safety shoes via the Palm
Beach County Bid #01-078/CC for an annual cost of $21,961.00. Funding is
available from various departments' operating expense budgets.
Purchase award to Kilpatrick Turf Equipment for the purchase of one (1) Jacobsen
Fl 2500 Fairway Mower via the Palm Beach County Bid #01-087/VMG in the total
amount of $30,128.00. Funding is available from 445-4761-572-64.90 (Other
Machinery/Equipment).
Recommend approval of the above bids and purchases.
S:\City Clerk\chevelle folder\agenda memo\Btd Memo.05.21.02
MEMORANDUM
TO:
FROM:
THROUGH:
DATE:
SUBJECT:
David T. Harden, City Manager
Jacklyn~urchasing Superviso~
Joseph Sa~ance Director
May 09. 2002
DOCUMENTATION - CITY COMMISSION MEETING
MAY 21, 2002 - BID AWARD - BID #2002-09
CO-OP BID FOR ROAD CONSTRUCTION MATERIALS
ANNUAL CONTRACT
Item Before Commission:
City Commission is requested to approve award for multiple annual contracts for Road
Construction Materials to various vendors listed below, at an estimated annual cost of
$93,206.12.
Background:
The City of Delray Beach is the lead organization for this Co-op Bid. Six (6) vendors submitted
bids on March 12, 2002, based on estimated annual quantities from four (4) governmental
entities. (Bid #200209 on file in the Purchasing Office.) A tabulation of bids is attached for your
review.
Delivery Costs:
A separate schedule of pricing
participating entity.
sheet was included in bid specifications
for delivery to each
Pick-Up Costs:
To obtain a more accurate cost for picking up road construction materials with City tracks, total
cost concepts were placed in the Co-op specifications (this cost was calculated by sending a
driver to pick up a load of road rock and the average multiplier for annual vehicle costs and
hourly personnel costs). Awards are to be made individually by each participating entity based
on an average cost of $.78 per mile that each entity adds to the truck load price. Each entity
clocks the round trip distance from their respective facility to each vendor's pick-up site.
In addition to the unit price of the material, now the costs involved in picking up the material are
also considered in determining the true low costs to each entity.
Attached for your review is the requirements and recommendations for award for the City of
Delray Beach. Recommendations are being made to low bidder(s) for delivered materials and
bidder(s) with low truckload cost for pick-up materials.
The recommended vendors for the City of Delray Beach are as follows:
Vendor:
Est. Annual Dollar Amount:
Hardrives, Inc.
Austin Tupler Trucking Inc.
D.S. Eakins Construction Co.
Allied Trucking
$ 49,500.00
$ 20,084.12
$ 22,272.00
$ 1,350.00
Total $ 93,206.12
The Acting Deputy Director of Public Works and Asst. Construction Manger have reviewed the
bids and recommend award as stated above.
Recommendation:
Staff recommends the multiple awards as outlined above. Funding from department's operating
expense budgets and capital project accounts for FY 2002 - 2003.
Attachments:
Memo to Co-op Members and Tabulation of Bids
City of Delray Beach Requirements
Memo From Acting Deputy Director of Public Works
Memo From Asst. Construction Manger
Cc~
City of Boca Raton
City of Boynton Beach
Solid Waste Authority of Palm Beach County
CITY OF DELRAY BEACH
PICK-UP MATERIALS
Group A: Road Materials - Asphalts
ITEM DESCRIPTION
REQUIREMENTS
EST.
ANNUAL LOW
USAGE BDDER
UNIT
COST
EXTENDED
COST
o
4.
5.
6.
Type S-1 Asphalt 300 tons
Type S-II Asphalt 200 tons
Type III Asphalt 250 tons
Cold Patch Asphalt 200 tons
RC #70 Tac Oil 1800 gal
Permanent Cold Patch 65 tons
Permanent Cold Patch n/a
Group
1.
2.
3.
4.
5.
6.
7.
B: Road Materials - Non Asphalts
Crashed Coarse Limerock 650 tons
Pit Run Shell Rock 400 tons
Drainfield Rock ¥4" 100 tons
Best Mason Sand 33 tons
Clean Fill Dirt n/a
Precast Car Bumpes w/pins 200 ea.
Crushed Recycled Concrete 1462 cy
DELIVERED MATERIALS
Group A: Road Materials - Asphalts
ITEM DESCRIPTION
EST.
ANNUAL
USAGE
Hardrives, Inc.
Hardrives, Inc.
Hardrives, Inc.
Hardrives Inc.
No Bids Received
No Bids Received
No Bids Received
AustinTupler
No Bids Received
Austin Tupler
Austin Tupler
D. S. Eakins c.
No Bids Received
D. S. Eakins
LOW
BIDDER
$32.00 ton
$33.50 ton
$32.00 ton
$41.00 ton
$ 3.85 ton
$ 6.94 ton
$ 9.14 ton
$ 2.50 cy
$ 6.00 cy
UNIT
COST
$ 9,600.00
$ 6,700.00
$ 8,000.00
$ 8,200.00
$ 2,502.50
$ 694.00
$ 301.62
n/a
$ 8,772.00
EXTENDED
COST
2.
3.
4.
5.
Group
1.
2.
3.
4.
5.
6.
7.
Type S-1 Asphalt
Type S-II Asphalt
Type 1II Asphalt
Crashed (Recycled) Asphalt
Permanent Cold Patch
250 tons
200 tons
250 tons
n/a
n/a
B: Road Materials - Non Asphalts
Crashed Coarse Limerock 1350 tons
Pit Run Shell Rock 600 tons
Drainfield Rock 3/4" 400 tons
Best Mason Sand 25 tons
Clean Fill Dirt 200 yards
Precast Car Bumpes w/pins n/a
Crashed Recycled Concrete 1,500 cu yd
Hardrives Inc.
Hardrives Inc.
Hardrives Inc.
D.S. Eakins
No Bids Received
$34.00 ton
$37.00 ton
$34.00 ton
$16.00 ton
$ 8,500.00
n/a
$ 8,500.00
n/a
Austin Tupler $ 8.60 ton $11,610.00
No Bids Received
Austin Tupler $11.69 ton $ 4,676.00
Austin Tupler $ 12.00 ton $ 300.00
Allied Trucking $ 6.75 cy $ 1,350.00
No Bids Received
D.S. Eakins $ 9.00 CY $13,500.00
Grand Total $ 93,206.12
[lTV OF DELRI:i¥
PURCHASING DIVISION
TO:
FROM:
THROUGH:
DATE:
Victor Majentyi, Asst. Construction Manager
Rich Olson, Acting Deputy Director Public Works
Jackie Rooney, Purchasing Superviso~~-..~
Joseph Sa~inance Director
March 21, 2002
SUBJECT:
Bid #2002~009
Co-op Bid
Road Construction Materials
Attached is the "Tabulation of Bids" and a copies of all bids received for the Co-
op Bid for Road Construction Materials.
As stated in the attached memo to Co-op Members, the schedule of pricing for
pick-up prices will be awarded individually by each participating entity based on
the pick-up cost of $.78 per mile that each entity will add to the unit price for
round trip travel miles from their respective garage to the vendor (s) site.
The schedule of pricing for the delivered prices will be awarded to Iow
responsive, responsible bidder for each item.
I have attached a copy of the estimated annual usage for the City of Delray
Beach. Please review the attached tabulation sheets and forward to Purchasing
your award recommendation and I will proceed with the Commission Agenda
request.
If you have any questions, you may contact me at ext. 7163.
Attachments
Cc:
Robed Barcinski, Asst. City Manager
Richard Hasko, Director of Environmental Services
Dan Beatty, Depty Director of Public Utilities
PUBLIC WORKS
MEMORANDUM
To~
From:
Jackie Rooney, Purchasing Supervisor
Rich Olson, Interim Deputy Director Public Works
Date: May 2, 2002
Re:
Road Construction Material Co-Op Annual Contract
Bid # 2O02-O9
Several weeks ago you requested a recommendation on the co-op annual contract road
construction bid # 2002-09.
I would recommend that we award th'e'Gre,~t? A~:lgl~tferialg Aspl~alt Delivered items 1-3
to Hardrives, Inc. Item # 4 Cn~,hcd (recy,~,,~dj Asphall Jo D.S. Eakins. There are no bids
received for item #5 Permanent Cold Patch (Ready Road Repair or equivalent), therefore
no award is possible.
For Group B - Road Materials-Non Asphalt-Delivered, items 1, 3, 4, and 5 1 recommend
award be given to Tupler Trucking. Item #7 Crushed Recycled Concrete to Eakins.
Finally, no bids were received on item #2 Shell Rock and item #6 Precast Car Bumpers
with pins. No award is possible on those two (2) items.
Group A pi_gk-up materials items 1-4 be awarded to Hardrives Inc. Items 5 and 6 no bids
received, no award possible.
For pick-up road materials non-asphalt items 1,3, and 4 be awarded to Tuppler Trucking
Inc items 5 and '7, :~ D.S.. Eakins. Finally, no bids received for item #2 shell rock or
item #6 pre-cast car bumpo, rs thercf6re; no award~ is possible.
If you need any additional information, please feel free to contact me.
Streets/bid2002-09 doc
£1TY OF I)EI. RI:iY
PURCHASING DIVISION
TO:
FROM:
THROUGH:
DATE:
Victor Majentyi, Asst. Construction Manager
Rich Olson, Acting Deputy Director Public Works
Jackie Rooney, Purchasing Superviso~~,.~
Joseph Sa~inance Director
March 21, 2002
SUBJECT:
Bid #2002-009
Co-op Bid
Road Construction Materials
Attached is the "Tabulation of Bids" and a copies of all bids received for the
op Bid for Road Construction Materials.
As stated in the attached memo to Co-op Members, the schedule of pricing for
pick-up prices will be awarded individually by each participating entity based on
the pick-up cost of $.78 per mile that each entity will add to the unit price for
round trip travel miles from their respective garage to the vendor (s) site.
The schedule of pricing for the delivered prices will be awarded to Iow
responsive, responsible bidder for each item.
I have attached a copy of the estimated annual usage for the City of Delray
Beach. Please review the attached tabulation sheets and forward to Purchasing
your award recommendation and I will proceed with the Commission Agenda
request.
If you have any questions, you may contact me at ext. 7163.
Attachments
Cc:
Robert Barcinski, Asst. City Manager
Richard Hasko, Director of Environmental Services
Dan Beatty, Depty Di~'ector of Public Utilities
NI-AmedcaCity
993
Members of the Palm Beach
County Cooperative Purchasing Council
100 N.W. 1st AVENUE
March 19, 2002
DELRAY BEACH, FLORIDA 33444
561/243-7000
RE: Bid//2002-09 - Co-op Bid "Road Construction Materials"
Dear Members;
As the City of Delray Beach is the lead entity for this Co-op Bid, attached you will find the
"Tabulation of Bid" sheets and copies of all original bids received in Purchasing on Tuesday, March
12, 2002.
The schedule of pricing for Pick-up Prices will be awarded individually by each participating entity
based on pick-up cost of $.78 per mile that each entity will add to the unit price for round-trip travel
miles from their respective garage to the vendor(s) site. (Note page 8, Section I "Pick-up Price" of
the bid specifications).
The schedule of pricing for Delivered Prices will also be awarded individually by each participating
entity. Entities which requested Delivered Prices are as follows: Solid Waste Authority, City of
Delray Beach, City of Boynton Beach, and City of Boca Raton. See attached tabulation of bid
sheets for each entities individual pricing sheet (City of Greenacres was for pick-up only).
If you have any questions please contact me at (561) 243-7163.
Sincerely,
JaL-'klyn Rooney,
Purchasing Supervisor
Attachments
Cc: Joseph Sa~Finance Director
City of Boca Raton
City of Boynton Beach
Solid Waste Authdrity
City of Greenacres
THE EFFdRT ALWAYS MATTERS
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AGENDA ITEM NUMBER:
%0,£
AGENDA REQUEST
Request to be placed on: May 21, 2002
Date: May 09, 2002
XX Consent Agenda
__ Special Agenda
Workshop Agenda
Description of agenda item:
Bid Award - B~d #2002-09 - Co-op Bid Road Construction Materials - Annual Contract. Award to
various vendors at an estimated annual cost of $93,206.12 for the C~ty of Delray Beach.
ORDINANCE/RESOLUTION REQUIRED: YES NO
Draft Attached: YES NO
Recommendation:
Approve to various vendors listed below at an estimated annual cost of $93,206.12 for the City of
for various road construction materials. Funding from various departments (Streets Division and
Construction Division) operabng budget and capital project accounts.
Department Head SignetS- ~ ~.~
Determination of Consistency omprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: YesV'/ ~ No
Funding alternatives:
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda: Yes
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved
(if applicable)
Disapproved
MEMORANDUM
TO:
David T. Harden, City Manager
FROM:
Patsy J. Nadal, Buyer
THROUGH: Joseph Safford, Finance Director
DATE: May 06, 2002
SUBJECT:
DOCUMENTATION - CITY COMMISSION MEETING
May 21, 2002 - CONTRACT RENEWAL
PALM BEACH COUNTY BID #01-078/CC FOR
SAFETY SHOES
Item Before Commission:
The City Commission is requested to approve the one year contract renewal award to the Red
Wing Shoe Stores for the purchase of Safety Shoes for the City of Delray Beach via the Palm
Beach Count contract Bid #01-078/CC. The estimated annual usage is $21,961.00 for the City of
Delray Beach.
Background:
City Commission on June 05, 2001, approved award to the Red Wing Shoe Stores for the
purchase of safety shoes for City Employees via the Palm Beach County contract Bid #01-
078/KM, May 01, 2001 through April 30, 2002 with the option of renewal for two- (2) additional
twelve- (12) month periods.
Per attachments, the vendor has agreed to a one year renewal and has extended the terms and
prices of the Palm Beach County Bid #01-078/CC to the City of Delray Beach. The term of the
contract will be for one- (1) year, May 01, 2002 through April 30, 2003.
Recommendation:
Staff recommends the contract renewal with Red Wing Shoe Stores via the Palm Beach County
Contract #01-078/CC at an estimated annual cost of $21,961.00. Funding from various
department's operating expense budget.
Attachments:
Renewal Letter of Formal Bid/R Q~: 01-078/CC
Letter to the City of Delray Beach l~om Red Wing Shoe Store
Cc: Jacklyn Rooney, Purchasing Supervisor
05/08/2002 10:24 581-471-0344 RED WING SHOES
PAGE 01/01
:$
05/O7101
To the City of Dclray Beach, 1:1.: (Patsy Nadal)
The Red Wing Shoe Store will honor thc terms and prices of the Palm l~e~aeh
Salbty Footwear bkt #01071~ Io the City of I)elray Beach, FI.
If you have any queslions, please contacl Michael ~,'~,oncrty. manager u! (561) 471-0382
M~nager
I
U II I .. ] I Ill I
2505 G Okeechobee Blvd.
lift II l- .............. -' "
· West palm Beach. FL 55409 · Phone i11~f-471-0382
50 Sou[h Military Trail Sutte 110
Wes~ ~lm Beach. FL 33415-31g9
{B6I } 616-6800
w~ pbcgov comlpu~
~ttna Beach Cmmty
Bmunl of County
Commissio~ne~
Warren H New~[I, Cha~t~a~
~ren T Marcus
Mary McCar~
Bur~ Aaro~son
~ny Mastlotti
Addle L Greene
Cotmt7 Mmiaisttntnr
Robert weisman
'An Equ~t
Form L
March 12, 2002
Mr. Michael Coonerty
RedWing Shoes
2505 G Okeechobee Blvd.
West Palm Beach, FL 33409
Dear Mr. Coonerty: RE: TERM CONTRACT #: 01078A
This is to Inform you that Palm Beach County Board of County Commissioners is
entering into a Term Contract with your company for Safety Footwear, p_urc_~as~e of
based on one of the following:
[ ] FORMAL BID #:
IX] RENEWAL OF FORMAL BIDIRFQ #: 01-078ICC
[ ] EXTENSION OF FORMAL BID/RFQ #:
[ ] WRITTEN QUOTATION #:
[ ] VERBAL QUOTATION PER:
[ ] STATE OF FLORIDA CONTRACT
[ ] PALM BEACH COUNTY SCHOOL BOARD BID #:
[ ] OTHER;
The term of this contract is 05101/02 through 04130103, The estimated dollar value Is
S~s_~2 000.0_0.
The obligations of Palm Beach County under this contract are subject to the
availability of funds lawfully appropriated for Its purpose by the State of Florida and
the Board of County Commissioners.
Palm Beach County Departments will issue hard copy orders against this contract as
your authorization to deliver. All invoices must reference each unique document
number.
If you have any questions, please contact Colleen Cardillo at [S$1) 616-6839.
Sincerely,
Douglas/~[ Myers ,///
Direct~ ~/~
c: File
~ ~nnted ~n re.ye/ed ~r
AGENDA ITEM NUMBER:
AGENDA REGIUEST
Request to be placed on: May 21, 2002
Date: May 06, 2002
XX Consent Agenda
Special Agenda
Workshop Agenda
Description of agenda item:
Renewal of Safety Shoes Contract
Award to Red Wing Shoe Stores, via Palm Beach County Contract #01-078/CC at an estimated
annual cost of $21,961.00.
ORDINANCE/RESOLUTION REQUIRED: YES
Draft Attached: YES
NO
NO
Recommendation: Award to Red Wing Shoe Stores, for the purchase of safety shoes at an
estimated annual cost of $21,961, per Bid Number 01-078/CC.
Determination of Consistency with Comprehensive Plan:
City Attomey Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
/
Funding available: Yes v/ No
Funding alternatives:
Account Number.
Account Description:
Account Balance:
(if applicable)
City Manager Review:.
. 1
Approved for agenda: Yes ~
Hold Until:
No
Agenda Coordinator Review:.
Received:
Action: Approved Disapproved
MEMORANDUM
TO: David Harden, City Manager
FROM: ~ Rooney, Purchasing Supervisor(~
THROUGHI-F_--~oseph Safford, Finance Director
DATE: May 01, 2002
SUBJECT:
DOCUMENTATION - CITY COMMISSION MEETING
MAY 21, 2002 - PURCHASE AWARD
PURCHASE OF ONE (1) JACOBSEN LF 2500 MOWER
FROM KILPATRIC TURF EQUIPMENT VIA PALM BEACH
COUNTY BID #01-087/VMG
Item Before Commission:
City Commission is requested to approve award to Kilpatrick Turf Equipment for the purchase of
one (1) Jacobsen FL 2500 Fairway Mower via the Palm Beach County Bid #01-087/VMG for a
total of $30,128.
Background:
The Delray Beach Municipal Golf Course needs to replace a nine year old mower for the
fairways at Lakeview Golf Course. This current mower is beyond reasonable repair. See
attached memo dated January 07, 2002 from the Golf Course for the recommendation for the
purchase of this mower.
This mower is available from Kilpatrick Turf Equipment via the Palm Beach County Bid #01-
087/VMG for a total of $30,128. The vendor, Kilpatrick Turf Equipment has agreed to extend
this Palm Beach County Bid to the City of Delray Beach per attached memo dated April 17,
2002. The original award for this contract was for a Ransomes 250 model mower and this unit is
no longer available, therefore the vendor is delivering a new Jacobsen FL-2500 model unit as
stated in their memo.
Recommendation:
Purchasing staff recommends award to Kilpatrick Turf Equipment for the purchase of one
Jacobsen FL-2500 mower at a total cost of $30,128. Funding from account code 445-4761-572-
64.90.
Attachments
Memo from Golf Course
Memo from Kilpatrick Turf Equipment
M~Y-l?-2002 1G: 1G FROM:
, TO: 54512437199 p. 001 x002
Dekay Beach Golf Club
Memo
To: Bob Barcinski
Cc.'
Brahm Dubin
Sharon Painter
Tom Arendt
From: Mary Beth Birslcy
Date: 5/17/02
Re: Rough Mower
Bob this is to confirm that the new Jacobsen LF 2500 is compatible to the
old Ransome 250 rough mower. Both Tom and I agree that the new
Jacobsen rough mower will meet our needs at Delray Beach Golf Club
sufficiently. Please call if you have any further questions. Thank you.
* Attached is a signed copy of the agreement from Kilpatrick Turf
Equipment,
Memo
To: Brahm Dubin
From:Tom Arendt.
CC: Mary Beth B, rsky ~
Date: 1/07/02
RECeIVeD
FEB 0'7 200Z
Re: Capitol budget for Lakeview and Delrdy Golf maintenance.
We have budgeted $55,000 for equipment purchases at the Delray course and
$20,000 for the Lakeview fadlity.
Due to the operational nature of the two courses we look at the total equipment
purchase capitol budget of $75,000 as one figure and plan our purchasing
accordingly.
So far this fiscal year (2002) we have spent $5,500 on an equipment lift at the Delray
course.
We are in need of a mower for fairways at the Lakeview course. We have been
using a nine-year-old machine that is beyond reasonable repair. We purchased this
machine (Toro model 5100) as one of a pair to mow fairways at the Delray course.
When new machines replaced them we moved one of the 5100's to the Lakeview
site and used the other as a source of parts. This extended the life of the mower
beyond its normal, useful life. However, we now need to replace this machine.
Presently we are transporting a machine back and forth between courses. This is not
a serious problem at this time of the year as the grass is barely growing. -The spdng
and summer months necessitate a mower at the Lakeview course.
We presently use three Ransomes model 250 mowers to mow fairways at Delray
and the rough at Lakeview.
· Page I ,.
I recommend that we purchase a new model 250 for the following reasons: They are
pdced right, we have parts, our mechanics understand the machines and the mowers
cut well.
The Ransomes model 250 mower can be purchased off Palm Beach County bid
#01-087vmg, and Purchase order #013vg000003.
$30,128.00 is the bid pdce and the machine specifications are attached.
Kilpatrick Turf, the vendor, will hold this pdce until3/27/02.
May we proceed with this purchase?
· Page 2 ;
APR -22'021MON) 14'24 TIlE KII,PATRIGK CO , , TEl. 561 ~.4f~ Sill0 P 0(/i
KI LPATRICK
TURF EQUIPMENT
7700 HiI;h RJd~,e Road
($619 ~L~-ltSO (800) (560 *t~
"Specialist.~ in Turf Care and Industrial Productn & Equipment"
'~- '~ ~ KilpaCnck ('ompta,tv
TO. Jackie Ronney
City of Defray l~each
Purchasing Department
17 Apxil 02
FAX' 561-243-7166
This letter is to inform the city, that The Kilpatrick Company will honor your pumhase order
FO~ a new 5 gmag 4WD rough mowe~ Based on Palm Beach Co Purchase orde~
However do to product changes we will be delivering the new JACOBSEN I,F 2500 code
Number 945023 this unit replaces the RANSOMF. S 250 Code Nm~bc~ 9450 ~4
The only differences between the two units are q'he New LF-2500 has the updated Reel drive,
Changes in the color from Green to Orange and of course the Name on the unit
THANK YOU,
Joe Childers
Kilpatrick Tune
7700 Hl?h R d~- Road
(~,(,1) 533-1~d1 ('~O.~J ~tt Ihl~{
B~,ard of County Commissioners
~/arren H. Newell, Chairman
Carol A. Roberts, Vice Chairman
.Karen T. Marcus
Mary. McCarty
Burr Aaronson
Tony Masilotti
Addie L. Greene
County Administrator
Robert Weisman
Purchasing Department
BOARD OF COUNTY COMMISSIONERS
NOTICE OF SOLICITATION
BI D #01-087NMG
FAIRWAY blOWER, RANSOME 250 (OR EQUAL)
(ONE-TIME PURCHASE)
BID OPENING DATE: March 8, 2001 AT 2:00 P.M.
It is the responsibility df the bidder to insure that all pages are included. Therefore, all bidders are advised to
closely examine this package. Any questions r, egarding the completeness oft_his package should be immediately
directed to Palm Beach County Purchasing Department (561) 616-6800.
It is requested that all bids be submitted in triplicate, one original and two copies.
BIDDERS SHALL SUBMIT, IN A SEALED PACKAGE OR CONTAINER, AT LEAST ONE ORIGINAL,
SIGNED IN INK BY AN OFFICER HAVING AUTHORITY TO BIND THE COMPANY OR FIRM.
FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR BID.
Palm Beach County is exempt from Federal and State Taxes for tangible personal property.
Call Bid Hotline number 795-8080 (from Palm Beach County), 425-7420 (from Broward County), or 655-4527
(from Dade County) or tune in to the Education and Government Television Cable Channel for a list of additional
advertised "Invitations for Bid" and "Requests for Proposal". The Bid Hotline also provides updates on posted
award recommendations.
Protests can be accepted only during the five (5) business day posting period.
CAUTION
Amendments to this Invitation for Bid will be automatically sent only to those vendors
who received this document directly from Palm Beach County Purchasing Department.
Palm Beach County shall not be responsible for the completeness of any Invitation for Bid
package not purchased directly from Palm Beach County. Purchasing Department.
In accordance with the provisions of ADA, this document may be
requested in an alternate format.
SPECIFICATIONS
BID #01-087fVMG
FAIRWAY MOWER, RANSOME 250 (OR EQUAL)
(ONE-TIME PURCHASE)
Page 7
SCOPE
The sole purpose and intent of this Invitation for Bid is to purchase a Fairway Mower, Ransome 250 "or equal". Equivalent equipment
shall substantially meet the specifications of the stated brand name as well as the salient characteristics noted below. Additionally,
equipment shall meet or exceed all industry and safety standards including but not limited to a roll-over protection system (ROPS)
and applicable ANSI requirements.
lVlower will be used by the Parks and Recreation Department at the Southwinds Golf Course.
GENERAL
Equipment shall be a Ransome 250 "or equal" which meets the following salient/essential elements:
ENGINE:
DRIVE:
WIDTH OF CUT:
CUTTING HEIGHT:
CU'I'FING UNITS:
33 hp, minimum, diesel, reverse gear
4-wheel, hydraulic drive
9.6", minimum
!/'2", minimum to 2-I/'2", maximum
(5) seven blade reels, minimum; size of reels:
rollers
6", minimum; front grooved roller and rear smooth
Page 8
BID RESPONSE
BID #01-087/VMG
FAIRWAY MOWER, RANSOME 250 (OR EQUAL)
(ONE-TIME PURCHASE)
,rEM TOT^L OVF~-R
NO. OESCRnmON QU^Nr,TV UN,~ ~.O.S. O~S~.
~ ~WAV ~ow~, ~so~ ~0 ~O~ ~~,
AS SPECIFIED HEREIN ! EACH
Mfr. offered: ~0;~
Mfr. number offered: ~
Is Information'and Descriptive Literature included, per Term & Condition # 12
YES c--"' INITIAL ~
* PLEASE AFFIX SIGNATURE WZ-IE~ INDICATED
(FAILURE TO DO SO SHALL RESULT IN THE REJECTION OF YOUR BID)
ADDRESS:
APPLICABLE #
UC£NSE(S) TYPE FED iD # / SS #
NUMBER/TYPE #
TYPE
PURCHASE ORDER
VENDOR:
CONTACT
PO OR REQI/': Olu'l{,oql"J
PERSON: I~"'O'O '7~")-- 7~9'ff PHONE #:
Q1'Y
AMOUNT "rOTAI.
ACCOUNT :/t: CJ~ (5 ~,~ ,...
QUOTES
VENDOR:
CONTACT PERSON:
VENDOR:
CONTACT PERSON:
VENDOR:
CONTACT PERSON:
PRICE:
PHONE lb::
PRICE:
PItONE #:.
PRICE:
PHONE #:
*'PLACE ORDER WITH VENDOR '~I4,0SE QUOTE IS THE LO~T'ESI' ,
DoNEORDEREDBy: ON: ~' ~ ~¢Izlo*,
KILPATRICK
TURF EQUIPMENT
7?00 High Ridge Road
Boynton Beath, IVlorlda US,4 3 ~426
061) $35-1450 (800) 782~7~99
(561) 533-I5~0 Fnn
www. kllpatric kco. com
"Specialists in Turf Care and Industrial Products & Equipment"
~*' a Kdpatrtck Company
TO: Betsy
City of Deiray Beach Purchasing
2002
Subject: Repla~in$ Ransome 250 Reel Mower with Jacobsen LF-2500 Reel Mower
In late 1998 the Textron Company who has owned lacobsen for over 20 years purchased
Ransome, Cushman & Ryan In the fall of 2001 the company made the decision to unify the
models and make tl~m all one brand and color.
At the national golf show in Orlando, Fl this February, Textron introduced the new changes and
announced the cliseontinuin8 of the Ransome Name_
As you can see by the specifications sheet faxed to your office on the 17e' There were no
changes in the specifications~only in name, model number and color
Once again thank you for the opportunity to do business with your city
If you have any more questions please feel free to call me at 561-533-1450, or you can E-Mail
me at jochkte~msn, com
THANK YOU,
Joe Childers
Kilpatrick Tuff
770(1 H,gh R~dge Road 1620 Tragic ('cnlct Way
~O~n~OU ~each ~lorlda USA 11426 Naplen Flondo USA ~4H~
{56[J fiq3-1450 (56l) ~$3-t~f~1 ~AX (941~ ~94-1141 [94J~ 594 1'932 FAX
4t2
AGENDA REQUEST
Request to be placed on: May 21,2002
Date: May 06, 2002
XX Consent Agenda Special Agenda __ Workshop Agenda
Description of agenda item:
Approval for award to Kilpatrick Turf Equipment for the purchase of one (1) Jacobsen FL 2500
Fairway Mower via the Palm Beach County Bid #01-087NMG for a total of $30,128.
ORDINANCE/RESOLUTION REQUIRED: YES
Draft Attached: YES
NO
NO
Recommendation:
Approve award to Kilpatrick Turf Equipment for the purchase of one (1) Jacobsen FL 2500
Gairway Mower via the Palm Beach County Bid #01-087NMG for a total amount of $30,128.
Funding from account code 445-4761-572-64.90.
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 V/ No
Funding alternatives:
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda: Yes
Hold Until:
(if applicable)
-
No
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
TO:
THRU:
FROM:
SUBJECT:
MEETING OF MAY 21, 2002
EXTENSION OF A CONDITIONAL USE APPROVAL TO
EXPAND THE
EXISTING COMMUNITY PRIMITIVE BAPTIST CHURCH LOCATED BETWEEN
NW 10TM AVENUE AND NW 11TM AVENUE~ APPROXIMATELY 250' NORTH
OF WEST ATLANTIC AVENUE (33 NW 11TH AVENUE)
The action requested of the City Commission is approval of an extension to a conditional use to
expand the existing Community Primitive Baptist Church. The development proposal includes
the demolition of a storage shed along the east side of the existing church; construction of a
2,123 square foot addition to the church; reconfiguration of the existing parking area on the
south side of the church; and the construction of a new 28 space parking lot on the east side of
the site. The property is zoned Single-Family Residential (R-l-A) and contains 0.53 acres.
Additional background and an analysis of the request can be found in the attached Planning and
Zoning Board Staff Report.
At its meeting of January 10, 2001, the City Commission approved a conditional use request to
allow the expansion of the Community Primitive Baptist Church as mentioned above, subject to
conditions. The approval is valid for 18 months unless 25% of the improvements have been
completed. The conditional use approval will expire on July 10, 2002.
Subsequent to receiving Conditional Use approval, the applicant submitted for a site plan
modification that included the improvements noted in the approved conditional use. At its
meeting of March 13, 2002, the Site Plan Review and Appearance Board (SPRAB) approved
the site plan modification.
Given the recent site plan modification approval and the lack of time necessary to establish 25%
of the project, the applicant is seeking an extension to the conditional use approval. Pursuant to
Land Development Regulations (LDR) Section 2.4.4(F)(1)(c), extensions of a conditional use
approval are considered by the same body that granted the original approval.
Pursuant to LDR Section 2.4.4(F)(1) (Extensions), extensions may be granted to the previously
approved application pursuant to the following:
City Commission Documentation
Meeting of May 21, 2002
Community Primitive Baptist Church - Conditional Use Approval Extension
Page 2
(a) A written request for an extension must have been received by the City at least 45
days prior to the expiration date;
(b) The letter must set forth the basis and reason for the extension;
(c) The extension shall be considered by the same body which granted the original
approval; and,
(d) The extension, if granted, shall be for 18 months unless otherwise stated.
Additionally, when an extension is requested for a project on which construction has not
commenced the granting body must make findings as outlined in Section 2.4.5(E)(5) and Article
3.1 of the LDR's. These are the same findings that were made for the original approval, which
relate to Consistency with the Future Land Use Map and Comprehensive Plan, Concurrency,
Compliance with the Land Development Regulations, and establishment of the conditional use.
The original positive findings with respect to these items can be reaffirmed.
The applicant has submitted an extension request in the required time frame and has provided
the following statement regarding the delay with the expansion of the church:
"Because the site plan application for the Community Primitive Baptist Church is still in
the process of being reviewed by the Site Plan Review and Appearance Board, we
would like to request an extension prior to the expiration date':
By motion, approve the Conditional Use extension request for Community Primitive Baptist
Church as described herein, based upon positive findings with respect to Chapter 3
(Performance Standards), Land Development Regulations Sections 2.4.5(E)(5) and upon a
finding of consistency with the Comprehensive Plan for an additional 18 months (expiring
November 21, 2003), subject to the following conditions:
Provide an updated survey. The water main on NW 11th Avenue has recently been
upgraded from 2" diameter to 8". The former is still indicated on the proposed
engineering plans;
2. That the north/south alley be abandoned prior to issuance of a building permit; and,
3. The individual properties must be tied together via a Declaration of Unity of Title.
Attachments: · Extension Request Letter
· Planning & Zoning Board Staff Report Dated December 18, 2000
DESIGN INC
FAX NO, :
Mar. 05 2002 05:30PM P2
A/~CHI"r~cTUI~ J=~I~NNING. DESIGN
March 5, 2002
City of Delray Beach
100 N.W. 1" Avenue
Deiray Beach, FL, 3,~.4~.
Robert Tefft
City of Delray Beech Planning and Zoning
Ref:.
Extension Reouest
Community Primitive Baptist Church
North Atlantic Avenue, between N.W. 10~hAvenue and N.W. 11mAvenue, Delray Beach, FL.
Because the site plan application for the Community Primitive Baptist thumb is still in process of being
reviewed by the Site Plan Review an Appearance Board, we would like to request an extension pdor to
the expiration date.
Thank you
-"Fl~ndl~o- P~ez-/~.t3a, Al Architect
60 ~ N,E, 2r~ Ave, Suite C
Detray Bead], FL 33444
Phone. 561.279.2006 Fax, 561,279.2801
PLANNING AND ZONING BOARD
CITY OF DELI=AY BEACH
---STAFF REPORT---
VIEETING DATE:
iAGENDA ITEM:
ITEM:
December 18, 2000
IV.B.
Conditional Use Modification Associated with the Expansion
Community Primitive Baptist Church, Located North of West
Avenue, Between N.W. 10th Avenue and N.W. 11th Avenue.
of the
Atlantic
GENERAL DATA:
Owners/Applicant ...................... Community Primitive Baptist Church
Agent ......................................... Jimmy Weatherspoon
Location .................................... North of Atlantic Avenue, between N.W. 10th Avenue and N.W.
11th Avenue
Property Size ............................. 0.53 Acre
Future Land Use Map ................ Low Density Residential (0-5 units/acre)
Current Zoning .......................... R-I-A (Single Family Residential)
Adjacent Zoning ............... North: R-I-A
East:
South:
West:
Existing Land Use .....................
R-1-A & GC
R-1-A & GC (General Commercial)
R-1-A
Church, Church Parking Lot and Vacant
Proposed Land Use ................... Conditional Use Modification associated with the expansion of an
existing Church.
Water Service ............................ Existing on-site.
Sewer Service ........................... Existing on-site.
IV.B.
The action before the Board is that of making a recommendation to the City
Commission on a Conditional Use modification request and attendant sketch plan to
expand the existing Community Primitive Baptist Church, pursuant to LDR Section
2.4.5(E).
The subject property is located between NW 10th Avenue and NW 11th Avenue,
approximately 250' north of West Atlantic Avenue (33 NW 11th Avenue).
Modifications to Conditional Use Approvals are processed pursuant to LDR Section
2.4.5(E)(7). Modifications that involve intensity of use or hours of operation must be
approved by the Planning and Zoning Board (as opposed to staff approval). If however,
the Board deems that the modification is significant, then the modification must be
heard as a new Conditional Use application, requiring formal notification, public hearing,
and final action by the City Commission.
Given the extensive nature of the changes associated with this conditional use
modification, this request has been processed as if it were a new application. Thus, if
the Board finds that the changes are significant, the request can be forwarded to the
City Commission without delay.
The subject property consists of Lots 12, 13, 27, and 28, Block 2 of the Atlantic Pines
Plat, and is 0.53 acres. The property is bisected by an existing 16'-wide north/south
alley. The portion of the property west of the alley (lots 27 and 28) contains an existing
1,610 square foot church with a seating capacity of 48 with 17 parking spaces. The
property east of the alley (lots 12 and 13) is vacant and utilized for parking.
At its meeting of May 10, 1976, the City Commission approved a conditional use and
site plan for a 48-seat church on lots 27 and 28. On March 7, 1997 the Planning and
Zoning Department approved a non-impacting site plan modification for a storage shed
on the east side of the church. The properties to the east of the alley have not received
formal approval for parking purposes.
An application has been submitted for conditional use modification to expand the
existing church and is before the Board for action.
The proposal is to expand the existing church and incorporates the following:
Increasing the gross floor area of the existing church from 1,610 square feet to 4,429
square feet (2,819 square foot net increase). The additional floor area increases the
size of the sanctuary from a seating capacity of 48 seats to 113 seats, and provides
for a new Fellowship Hall and restrooms;
Demolition of the storage shed;
Planning and Zoning Board Staff Report
Community Primitive Baptist Church - Conditional Use Modification Approval
Page 2
Reconfiguration of the existing parking area on the south side of the church that
results in six parallel parking spaces along the south side of the property and a new
24-space parking area on lots 12 and 13 to the east;
The project narrative indicates that the hours of operation are Wednesday from 7:30
p.m. to 9:00 p.m. for prayer service; Thursday from 6:00 p.m. for choir practice;
Sunday 9:30 a.m., 11:00 a.m. and 4:00 p.m. worship services, and, monthly
business meeting on Mondays at 7:00 p.m.; and,
r~ Installation of associated landscaping.
CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.)
Pursuant to Section 3.1.1 (Required Findings) of the Land Development
Regulations, prior to approval of development applications, certain findings must
be made in a form which is part of the official record. This may be achieved
through information on the application, the staff report, or minutes. Findings
shall be made by the body which has the authority to approve or deny the
development application. These findings relate to the following four areas:
FUTURE LAND USE MAP: The use or structures must be allowed in the zone
district and the zoning district must be consistent with the land use designation.
The subject property has a Future Land Use Map designation of LD (Low Density
Residential 0-5 units per acre) and is zoned R-1-A (Single Family Residential), thus the
zoning is consistent with the FLUM designation. Churches or places of worship, and
their attendant educational, nursery, Sunday school, recreational, and columbarium
facilities are allowed as conditional uses. The foregoing does not allow establishment of
educational and care uses such as elementary school and general day care unless
approved separately as a conditional use. Based upon the above, positive findings 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.
Water and Sewer:
The applicant has not submitted preliminary water and sewer plans, however, the
following is noted:
Water service currently exists to the site via a two-inch main along NW 11th Avenue.
Sewer service exists to the site via an 8" main that is located along NW 11th Avenue.
Planning and Zoning Board Staff Report
Community Primitive Baptist Church - Conditional Use Modification Approval
Page 3
Adequate fire suppression is provided via an existing fire hydrant at the northeast
corner of West Atlantic Avenue and NW 11th Avenue.
Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's
Water Treatment Plant and the South Central County Waste Water Treatment Plant for
the City at build-out, and is sufficient to service the proposed church expansion. The
specifics of the public water and sewer utilities with respect to potential main extensions
and connections will be addressed in further detail during the subsequent site plan
review process. Based upon the above, positive findings can be made with respect to
these level of service standards.
Drainaae:
Conceptual drainage plans have also not been submitted. However, there is no
concern with providing on-site storm-water drainage, which can be accommodated with
ex'filtration trenches. At this time, there are no problems anticipated complying with
South Florida Water Management District or Lake Worth Drainage District requirements.
Thus, a positive finding with respect to this level of service standard can be made.
Traffic:
A traffic study has been submitted indicating that the proposed church expansion will
generate a net increase of 26 vehicle trips. There is adequate capacity on the
surrounding roadways to accommodate the additional trips. Therefore, a positive
finding can be made with respect to traffic concurrency.
Parks and Recreation:
Park dedication or park impact fee requirements do not apply to nonresidential uses.
Thus, there will be no impact on this level of service standard.
Solid Waste:
Pursuant to Solid Waste Authority Guidelines, trash generated each year by the
proposed 2,189 square foot addition (1.6 Ibs./sq.ft.) will be approximately 1.75 tons per
year. The trash generated by this proposal can be accommodated by existing facilities,
therefore, a positive finding with respect to this level of service standard can be made.
CONSISTENCY: Compliance with performance standards set forth in Chapter 3
and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall
be the basis upon which a finding of overall consistency is to be made. Other
objectives and policies found in the adopted Comprehensive Plan may be used in
making a finding of overall consistency.
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following policy is noted.
Housin(~ Element Policy A-12.3 - In evaluating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have on
Planning and Zoning Board Staff Report
Community Primitive Baptist Church - Conditional Use Modification Approval
Page 4
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 a degradation of any
neighborhood, the project shall be modified accordingly or denied.
The existing church is located in an established residential neighborhood. There is a
concern with respect to the proposed parking for the expanded church. The conceptual
plan indicates that the expanded church will provide for a total of 90 seats. However,
according the Standard Building Code the pews will accommodate 113 seats (one seat
per 18"). Since the parking is based on the number of seats within the sanctuary (one
space per three seats), the required parking for the proposed development is 38 spaces
and 30 are proposed. Additional parking can be accommodated by reconfiguring the
parking area and reducing the size of the Fellowship Hall addition. If the parking cannot
accommodate the seating capacity the seating capacity must be reduced accordingly.
A condition of approval is attached that the seating capacity be reduced accordingly to
coincide with the parking provided. The construction of the formal parking area on the
east side of the property will be an enhancement to this property since this area
appears to be currently used as a nonconforming overflow parking area for the church.
The landscaping associated with the formal parking area will aid in mitigating any
conflict that may already exist with adjacent residential uses.
In addition to the parking issue, there is a concem with respect to glare that may be
imposed on adjacent properties when the parking areas are constructed. It is noted that
a photometric plan will be required during the site plan review process that adequately
demonstrates that glare "spill-over~' will be eliminated from adjacent properties.
SECTION 2.4.5{E){5) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3,
the City Commission must make findings that establishing the conditional use
will not:
Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
Nor that it will hinder development or redevelopment of nearby
properties.
The adjacent zoning districts are: R-1-A (Single Family Residential) to the north, east
and west; and, R-1-A and GC (General Commercial) to the south. The surrounding
existing land uses are single family residential homes. The commercially zoned
property on the south side of the new parking area along NW 10th Avenue is
undeveloped.
As noted in the analysis of the Housing Element Policy A-12.3, there are concerns with
respect to parking and lighting. As noted in the previous section, there is insufficient
parking proposed based on the requested seating capacity in the sanctuary. When
Planning and Zoning Board Staff Repod
Community Primitive Baptist Church - Conditional Use Modification Approval
Page 5
there is insufficient on-site parking, parishioners will seek parking spaces in nearby
swale areas and vacant lots, which creates a negative impact on area residents. Given
the limited site area, the seating capacity must be reduced to correspond with the
provision of required parking. During the site plan review process, the applicant will be
required to provide parking based on the number of seats in the sanctuary and provide
a photometric plan. As noted in the background section of this report, the existing
church was approved and built in 1977. Since that time there has been no known
conflicts with surrounding neighborhood that indicates that the church has had a
significant detrimental effect upon the stability of the neighborhood or that it has
hindered development in the area.
Based upon the above, a finding can be made that the proposed use will not have a
significant detrimental effect on the surrounding neighborhood or hinder development or
redevelopment in the area.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
The proposed use will be in compliance with the Land Development Regulations.
If the Conditional Use is approved, a full site plan submittal complying with the
Land Development Regulations will be required. Along with the Conditional Use
request, a sketch plan has been submitted and reviewed by staff. Based upon
staff's review of the sketch plan and site inspections, several "Technical Items"
were identified. These items, which are listed below and attached in Appendix
"A," will need to be addressed with the full site plan submittal and are attached as
a condition of approval.
Parkin_~
Pursuant to LDR Section 4.6.9(C)(6)(c), churches shall provide one parking space for
every three seats provided in the sanctuary. Additional parking is not required for other
uses on the church property such as Sunday School, Day Care, or Preschool, etc.
when such uses are operated as a part of, under the auspices of, the Church. The floor
plan indicates that the expanded church will have 21 eight-foot long pews and two six-
foot long pews. Pursuant to the 1997 Standard Building Code Section 1019.11.5.2,
when bench-type seating is used, the number of persons shall be based on one person
for each 18 inches (457-mm) of length of the bench. Based on this calculation, the
capacity is 113 seats, which requires 38 parking spaces and only 30 spaces are
proposed. Based on the attached alternative there is the ability to accommodate
additional parking by reducing the size of the Fellowship Hall and reconfiguring the
parking. However, the seating capacity may need to be reduced to correspond with the
parking provided. The floor plan would then need to be modified or the building addition
decreased in order to reduce the size of the sanctuary accordingly.
As noted in previous sections, the applicant will need to resolve the parking issue during
the site plan review process. A condition of approval is attached that the seating
capacity be limited based on the parking provided on site.
Planning and Zoning Board Staff Report
Community Primitive Baptist Church - Conditional Use Modification Approval
Page 6
Site Li.qhtin~:
A photometric plan must be submitted with the site plan application that demonstrates
compliance with LDR Section 4.6.8. If light poles are proposed, the locations of these
fixtures must be noted on the landscape plan in order to eliminate conflict with
proposed/existing landscaping. Given the proximity to residential uses, particular care
must be provided to eliminate spill over to adjacent properties. A condition of approval
is attached that the photometric plan is submitted with the site plan application and that
the method of shielding and light pole locations are noted.
OTHER ITEMS
Alley Abandonment
The conceptual plan indicates that the north/south alley will be abandoned. This
abandonment is essential to the development proposal since the building expansion
would otherwise encroach into the required 10' rear building setback and that there are
proposed improvements such as parking, landscaping and a sidewalk within the existing
alley. The Development Services Management Group (DSMG) recommended the
abandonment of this alley from the subject property north to NW 1st Street. Since
property owners located south of the church use the alley for access to the rear of their
properties, the DSMG did not support abandonment of the alley south of the church at
this time. A condition of approval is attached that the church submits an application to
abandon this portion of the alley concurrently with the site plan application.
Community Redevelopment A.qency:
The Community Redevelopment Agency will consider the conditional use modification
at its meeting on December 14, 2000. The Agency's recommendation will be presented
to the Planning and Zoning Board at its meeting.
West Atlantic Redevelopment Coalition Board:
The West Atlantic Redevelopment Coalition Board recommended approval of the
conditional use modification at its meeting on December 13, 2000.
Site Plan Review and Appearance Board:
If Conditional Use approval is granted, a full site plan submittal will follow. Final action
on the site plan submittal will rest with the SPRAB (Site Plan Review and Appearance
Board). The site plan must accommodate concerns raised through the conditional use
petition and address the issues identified in this report.
Planning and Zoning Board Staff Report
Community Primitive Baptist Church - Conditional Use Modification Approval
Page 7
Courtesy Notices:
Courtesy notices have been provided to the following homeowner's and
associations:
[] Gateway
[] Poinciana Heights
[] West Side Heights
[] PROD (Progressive Residents of
Delray)
[] President's Council
civic
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters of objection and support, if any, will be presented at the
Planning and Zoning Board meeting.
The conditional use request is to increase the floor area of the existing church 2,819
square feet in order to increase capacity of the sanctuary to 113 seats, provide a new
fellowship hall, and restrooms. The proposed conditional use is consistent with the
policies of the Comprehensive Plan and Chapter 3 of the Land Development
Regulations. ^ positive finding with respect to LDR 2.4.5(E)(5) (Conditional Use
Findings) can be made provided that the concerns noted herein are addressed with the
submittal of the site plan. As proposed, the site does not provide adequate parking.
The site plan will need to be revised to provide the required parking for the quantity of
seats requested in the sanctuary. This may necessitate reducing the floor area of the
sanctuary, which can be accomplished by increasing the size of the Fellowship Hall or
decreasing the overall size of the church.
A. Continue with direction.
Recommend approval of the conditional use modification request for Community
Primitive Baptist Church, based upon positive findings with respect to Chapter
3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of
the Land Development Regulations, and the policies of the Comprehensive Plan
subject to conditions.
Co
Recommend denial of the conditional use request for Community Primitive
Baptist Church, based upon a failure to make positive findings with respect to
compatibility.
Recommend approval of the conditional use request for Community Primitive Baptist
Church, based upon positive findings with respect to Chapter 3 (Performance
Planning and Zoning Board Staff Report
Community Primitive Baptist Church - Conditional Use Modification Approval
Page 8
Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land
Development Regulations, and the policies of the Comprehensive Plan subject to the
following conditions:
That a site plan be submitted that is in general conformance with the sketch plan
and addresses the concerns and technical items contained within this report and
attached as Appendix A.
2. That the seating within the sanctuary shall be reduced commensurate with the
number of on-site parking spaces provided.
3. That the site plan shall note the pervious/impervious calculations.
4. That an application for alley abandonment be submitted and approved for the
north/south alley.
5. That a photometric plan be submitted in accordance with the requirements of LDR
Section 4.6.6. The location of light poles shall be noted on the landscape plan.
Attachment:
I~ Appendix "A"
~ Sketch Plan
[~ Alternative Sketch Plan
Report prepared by: Scott Dedeaux Pape, Senior Planner
Planning and Zoning Board Staff Report
Community Primitive Baptist Church - Conditional Use Modification Approval
Page 9
APPENDIX "A"
Technical Items:
The following technical items must be addressed with the full site plan submittal, if the
conditional use is approved.
1. That a unity-of-title be provided prior to certification of the site plan.
2. That the method of refuse collection and the screening of this area be noted on the
site plan.
3. That the location and method of screening air conditioning units be noted on the site
plan.
o
Per LDR Section 4.6.9(D)(1)(d), two handicap-parking spaces are required. The
conceptual plan indicates that only one handicap parking space is provided. The
site plan will require revision to include an additional handicap parking space.
5. Pursuant to LDR Section 4.6.9(C)(1)(c)(3), a bicycle rack is required.
Pursuant to LDR Section 4.6.9(D)(3)(c), a 20' stacking distance is required between
NW 10th Avenue and NW 11th Avenue and the first parking space on the property.
The conceptual plan indicates that a 10' stacking distance is provided from these
roads. A waiver request should be submitted together with the $100 fee to reduce
the required stacking distance.
Per LDR Section 4.6.9(D)(4)(b) wheel stops shall be provided for all parking spaces,
other than parallel, in the form of concrete or asphalt wheel stops or a continuous
concrete curb which is located so that there is two feet (2') of clear distance from the
front edge of the device to the front of the parking space. Treated wood, stones, or
similar landscape features may be allowed upon approval through the site plan
review process. A wheelstop or curb is required for the perpendicular parking
spaces and a continuous curb for the parallel parking spaces.
Per LDR Section 4.6.9(D)(4)(d), two-way traffic flow must be used when
perpendicular parking spaces are used. The perpendicular parking tier must be
converted to two-way traffic flow, which will necessitate "Do Not Enter" signage at
the western end of the parking tier.
9. Per LDR Section 6.1.3(B)(1), a five-foot wide sidewalk is required along NW 10th
Avenue.
10. A sidewalk needs to be extended to both of the front doors along NW 11th Avenue.
11. Per LDR Section 4.6.16(H)(3)(e), a tree every 25' must be installed on the north and
south sides of the property where the church property abuts residentially zoned
property or property in residential use.
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<,' < PARK I
N W 2ND ST. MART~N LUTHER K~NG JR DR~
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N W 1 ST ST
ANTI AVENUE
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-
~ COMMUNI~ PRIMITIVE BAPTIST CHURCH
CITY OF DELRAY BEACH, FL
PLANNING ~ ZONING DEPARTMENT
---- OI~ITAZ ~SE ~P S~EM -- MAP REF LM4B6
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Memo
To.' City Commission
Fron~ David Harden
Dat~ May 17, 2002
Re.' Jazz and Brewz Fest
Please see the attached memo from Bob Baminski.
With a projected attendance of 2,500 per day, it is highly unlikely that there will be more than
2,000 people on site at any one time. Therefore, in my opinion it is unnecessary to have
EMS personnel on site. After all, the fire station is only five short blocks away. I also
question the need for additional off site police for an event of this size. I recommend that we
try it without off site police, and see how it works out.
If we provide all the overtime police and fire personnel recommended by those departments,
and even if the sponsor pays half the overtime cost, our cost would still be $4,725. Why
should we pay $4,725 in overtime cost so the sponsor can generate $3,800 for scholarships?
(Per their budget)
The City govemment would be better off to donate $3,800 to the Imagination Foundation and
not have the extra burden on staff to prepare for and handle the event. If the event can be
held without police and fire overtime support, then it makes economic sense.
ADMINISTRATIVE SERVICES
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
David T. Harden, City Manager
~obert A. Barcinski, Assistant City Manager
Agenda Item City Commission Meeting May 21, 2002
Special Event Request - Jazz and Brewz Fest
May 14, 2002
Action
City Commission is requested to consider endorsing a Jazz and Brewz Fest sponsored by the
Imagination Foundation to be held on March 22, 2003 from 12:00 p.m. to 11:00 p.m. and on
March 23, 2003 from 12:00 p.m. to 6:00 p.m. on the grounds of Old School Square and a portion
of the CRA lot as indicated on attached site map. Commission is also requested to grant a
temporary use permit per LDR's Section 2.4.6(H) for the closure of a portion of NE 1 ~t Avenue
between the grass area of Old School Square and the loading dock area, to provide staff support
for security, traffic control and EMS service and to consider waiving overtime costs.
Bacl~round
This first time event is being proposed by the Imagination Foundation, Inc., a non-profit
corporation formed to generate scholarship funds for Palm Beach County High School students
to pursue careers in art, music, and drama. The event will be coordinated with the Palm Beach
County School District and high schools will be asked to hold visual and performance contests
encouraging students to participate for scholarships opportunities.
The event sponsor will be responsible for managing and coordinating the event, on site private
security, site clean up and trash removal. Most City assistance except for police and EMS
assistance can be provided without overtime. Estimated overtime costs for the event are $9,450.
Attached are letters from Old School Square as well as the Imagination Foundation, Inc. as well
as a site plan and event budget.
This is a first time event that relates to Commission Goal 5 "Quality Educational Opportunities".
If we do not add other events next year this event would be within the fifty event limit.
There are no other events proposed for this weekend, however in March we will have the
International Tennis Tournament, Saint Patrick's Day Parade and Irish Fest. Delray Affair will
be held approximately four weeks after this event.
Recommendation
Staff recommends consideration of approval of the event, temporary use permit, providing staff
assistance as provided with a 50/50 split of overtime. Approval to be contingent upon receipt of
general liability insurance, liquor liability insurance and hold harmless agreement.
RAB/tas
Cc:
Peggy Murphy, Old School Square
Lois Niesen, Imagination Foundation, Inc.
File'u:sweeney/events
Doe Jazz and Brewz Fest 2002
School
Square
C U L T U R A L
ARTS CENTER
Old School Square, Inc.
51 North Swinton Ave.
Delray Beach, Florida 33444
Phone (561) 243-7922
Fax (561) 243-7018
April 3, 2002
RECEIVEE
4P/ 0 5 2005
ITy MANAGER
Mr. Robert Barcinski, Assistant City Manager
City of Delray Beach
100 NW 1 st Avenue
Delray Beach, FL 33444
Re: Jazz & Brewz Fest - January 2003
Dear Bob:
The Imagination Foundation had contracted with Old School Square to present a
Jazz & Brews Fest on January 11 & 12, 2003. Because of event scheduling
conflicts, it has become necessary to reschedule this event. After reviewing the
community calendar, the event has been rescheduled for January 4 & 5, 2003.
Following are event specifications and services requested from the City of Delray
Beach:
Jazz & Brewz Fest event schedule:
Saturday, January 4, 2003, 12:00m - 11:00pm
Sunday, January 5, 2003, 12:00pm - 6:00pm
load in/set up: Friday, January 3, 2003, 8:00am to 6:00pm
Admission fee: to be determined
Estimated attendance: 2500 per day
The festival site will be the grounds of Old School Square and Entertainment
Pavilion area. A Temporary Use Permit wiil be applied for through the
Community Redevelopment Agency for use of a portion of Block 76 parking lot
for vendors. Temporary fencing will be installed defining the site location. The
reserved portion of Block 76 will need to be closed from 5:00am Friday, January
3, through noon, Monday, January 6, 2003.
The main gate will be located on NE 1 st Avenue near Atlantic Avenue.
The Imagination Foundation will provide:
· security within the gated area during the event to include the stage area
· additional dumpster facility for trash removal
Jazz & Brewz Fest
Page 1 of 3
· clean up crews during event for maintenance of grounds and bathroom
facilities
The City of Delray Beach to provide:
· Waiver of noise ordinance during event.
· Waiver of alcohol consumption ordinance on Old School Square grounds
only.
· City provide support staff and following services at no cost:
o two police officers for additional security in event site during event
hours
c> police officers for traffic control as determined by DBPD
o fire/ems presence as required by DBFD
o Parks and Recreation to provide trash boxes and liners
c> Parks and Recreation to mm off sprinklers on OSS Grounds from
5:00am Friday, January 3, through noon Monday, January 6
o Public Works to provide signs announcing event at West Atlantic
Avenue, North and South Federal Highways, and Linton Blvd.
c) Public Works to provide event parking signs and barricades as
necessary
A portion of NE 1st Avenue, from OSS grounds to load in area gate will be
blocked to allow for vendor load in and VIP parking. No other street closures are
requested. Access to Block 76 CRA lot will remain open.
An estimated budget for this event is attached. A Certificate of Liability
Insurance naming Old School Square, the City of Delray Beach and the Delray
Beach Community Redevelopment Agency will be provided at least 15 days prior
to the event. In addition, the Imagination Foundation will execute a Hold
Harmless Agreement with the City of Delray Beach.
Because the Entertainment Pavilion and Concession area will be used, there is no
need for a City stage or portolets to be brought onto the property. A site plan for
the event will be provided.
The Imagination Foundation, Inc. is a non-profit corporation formed to generate
scholarship funds for Palm Beach County High School students to pursue careers
in art, music and drama. The Jazz and Brewz Fest will be the first major event for
the Foundation, so there is no track record to present for your review. The event
will be coordinated with the Palm Beach County School District, and high schools
will be asked to hold visual art and performance contests encouraging students to
Jazz & Brewz Fest
Page 2 of 3
participate for scholarship oppommities. Judging of artwork and performances
will be done by a panel selected from the community.
The Imagination Foundation requests that this event be considered at the soonest
possible meeting of the City Commission so that approval can be obtained and the
Imagination Foundation can proceed with event planning and sponsor
commitments. If you or any City staff members have questions regarding the
event, please contact: Lois Niesen, President/Director, Imagination Foundation,
Inc. Phone: 561-392-7889 or 561-213-7404.
Thank you very much for your assistance and consideration. If you need any
additional information from me, please don't hesitate to call.
Sincere4y,
Director of Center Services
pm
enc.
cc: Lois Niesen, Imagination Foundation, Inc.
Jazz & Brewz Fest
Page 3 of 3
1st Annual Jazz and Brewz Fest
January 11-12, 2003
Old School Square, Delray Beach, Florida
Benefits The IMAGINATION FOUNDATION
Proposed Budget:
Revenue:
Ticket Sales
Sponsors
T-shirts/poster sales
Vendor Fees
Food/Beverage Sales
Donations
$35,000
$1o, ooo
$ 3,000
$ 2,000
$12,000
$ 2,500
Total
$64~500
Expenses:
Advertisements, program
Banner/signs
City Clean up
Food / Beverage
Insurance
Permits/Fees
Portolets
Posters
Radios
Security
Tent Rentals
T-shirts, merchandise
Entertainment
Old School Sq. rental
Manual Labor
Printing, Graphics, tickets
Fencing, Barricades
EMS
Postage
Miscellaneous
$5,000
$2,000
$1,000
$5,000
$3,000
$ 200
$1,000
$1,500
$1,000
$3,000
$2,000
$3,O0O
$22,000
$5,000
$1,000
$1,000
$1,500
$1,000
$ 500
$1,000
Total $60~700
I I
6279 Walk Circle, Boca Raton, Florida 33433 561-392-7889
October 26, 200I
Mr. Bob Barcinski
City of Delray Beach
100 N.W. 1't Avenue
Delray Beach, Florida 33444
Dear Mr. Barcinski:
The Imagination Foundation, Inc. is a non- profit that has been formed in late 2000 to
generate scholarships funds for Palm Beach County High School students to pursue
careers in the fields of art, music and drama. The arts are the first budget cuts on the
school agenda and therefore feeling a tremendous need for the pursuit of creativity in
children, the Imagination Foundation, was born. At~r the tragedy of September 11,
2001, I firmly believe that all understand the void we would have if art and music were
stifled.
The Imagination Foundation, Inc. has been approved for a Temporary Use Permit for
approximately 200 feet ofN.E, 1~t Ave. on Block 76 adjacent to CRA Parking Lots as
shown on the attached map of all of Old Square grounds. This portion of the City needs
to be closed from 9:00 am Friday, January 10, 2003 through midnight Sunday, January
13, 2003.
This first event, a Ja~ and Brewz Fest will be gated with a very affordable admission fee.
This admission fee will guarantee monetary contributions to our scholarship fund for
Palm Beach County students and possibly offer some funds to volunteers groups in the
related fields.
The event is scheduled for January 11-I2, 2003 between the hours of lO:OOam thru
11 :OOpm on Saturday and 10:00 am until 6:00pm on Sunday.
We are requesting that the following areas be barricaded at locations outlined below:
1.) The entrance to NE 1't Ave @ E. Atlantic Avenue (adjacent to Old School
Square) North to NE l't Street.
2.) NE 2na Avenue ~ the alley entrance (approximately 200 feet North of E.
Atlantic Ave) North to NE l~t Street.
3.) Closing of this portion of the City needs to be closed by 6:00am on Friday,
January 10, 2003 in order to begin installation of fencing and ensure that all
vehicles are removed from the area lots.
4.) The main entrance to this event will be located on the comer of Atlantic
Avenue and NE 1't Avenue. We are also requesting an approval for a 2na
entrance at the arch area entering into Pineapple Grove at the comer of
Atlantic Avenue and NE 2~a Avenue.
5.) We would request the lot on the North side of City Hall be available to be
used as free parking for event patrons, and we are allowed signage in that area
for directional purposes.
The Imagination Foundation, Inc. is also requesting approval for utilization of City of
Delray Staff for the following:
1.) Signage request:
a. Waiver of event signage timing lifted in order to display siguage 2-
3 weeks prior to the event
b. Installation of banners on Atlantic Avenue (use of lamp posts for
signage display) signage on federal Highway North of Linton,
Federal Highway North of George Bush Blvd., W. Atlantic East of
I95 and Linton Blvd. East of I95.
c. Event & parking Signage in appropriate areas (to be determined
once parking is secured)
d. Barricades placed at CRA Lot (Block 76) by 6:00am on Friday,
January 10, 2003, CRA Lot directly North of Dunkin Donuts
7.
8.
9.
11.
Installation and production of necessary signage throughout City as listed
in #1.
Use of all permanent stages and lighting that is in place.
Clean-up services (during and after event in conjunction with SWA) and
usage of adjacent dumpsters (Coordinating with parks and Rec.)
Usage of streetlights and electricity at all strategic locations as shown on
attached maps.
Temporary shut down of sprinklers in entire festival area~
Grass to be cut week of event at any area impacted by the festival
Waiver to permit alcoholic beverage consumption on festival grounds.
Waiver of noise ordinance for musical venue.
Provide Police coverage/security and Fire Department Rescue along with
First Aid EMTs
Distribution of garbage and recycling containers on festival grounds and
clean up during and after event.
Proposed parking for the festival will be along Atlantic Avenue, Public Parking lot
located on SE 1't Avenue (behind J.W. Genesis building and the CRA parking lots 2, 3, &
4/Block 60 located behind Dunkin Donuts. Additional parking (i.e. City Hall lot)
pending City approval.
We are requesting that these items be added to the first possible available meeting of the
City Commission, so that we may obtain approval and proceed with event planning, as
time is of the essence.
The Jazz and Brewz Fest will be the first major event for the Imagination Foundation,
Inc. The event will be coordinated thru the Palm Beach County High Schools and
encourage students to proceed with their art and musical desires. Each school will be
entitled to hold a contest internally or send a promising student to the event to be judged
by a panel of experts from the community who in turn will select the winners of the 2003
scholarship awards. There is no track record to present you for review at this time.
I shall be happy to present you with my qualifications upon request, and will supply
references if need be.
I want to thank you in advance for your help and please feel free to call me with any
questions at 561-392-7889 or 561-213-7404.
Sincerely,
Lois Niesen
Imagination Foundation, Inc.
President/Director
Cc: Peggy Murphy
ADMINISTRATIVE SERVICES
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Agenda Item City Commission Meeting May 21, 2002
Palm Beach County Resident Rates
May 14, 2002
Action
City Commission is requested to extend the Palm
Municipal Golf Course as approved October 16, 2001.
Beach County resident golf rates at the
Bacl~ronnd
At the Commission meeting held on October 16, 2001 City Commission approved a County
Resident Golf rate for the Municipal Golf Course contingent on review within six (6) months per
the attached agenda memorandum.
Attached is a memorandum that I received form Mary Beth Birsky analyzing the increased rounds
and revenue received due to this change through April of 2002. The analysis reflects an increase
in both rounds and revenue.
Recommendation
Staff recommends continuing with
approved on October 16, 2001.
the County
resident rate category as recommended and
RAB/tas
File:u: Sweeney/agenda
Doc:County Resident Rounds 2002
qC
,MAY-15-2~2 12:44 FROM: T0:5612437199 P.BB2_/OB2
To:
From:
Date:.
Re:
Bob Barcinsld
Mary Beth Birsky (~
May t5, 2002
Goun(y Resident Rounds
The 18 Hole County Resident Rounds for fiscal year-to-date
through April 14, 2002 totaled 2470. The 18 Hole Non Resident
Rounds totaled 4428 versus 6354 last year. By adding this year's
county and non-resident rounds together, this works out to an
additional ..=~.~. rounds so far this fiscal year. Dollarwise this works
out to $339,939 for last year and $357,672 for this year, which
means an increase of $17,733.
Based on these figures and the fact that the county residents
seemed very happy and appreciative of this consideration, I am
recommending that we continue the county resident rate through
the summer months and possibly into next season.
MBB:Jw
Cc: Brahm Dubin
Sharon Painter
TO:
FROM:
SUBJECT:
ADMINISTRATIVE SERVICES
MEMORANDUM
David T. Harden, City Manager
i~obert A. Barciaski, Assistant City Manager
Agenda Item City Commission Meeting October 16, 2001
Request Additional Rate Category for palm Beach County
Residents/Municipal Golf Course
DATE: October 9, 2001
Action
City Commission is requested to consider an additional rate category for Palm Beach
County residents at the Municipal Golf Course.
Baekuround
Due to current economic conditions and competition, a request has been received (see
attached) to establish a Palm Beach County resident rate category. The call-in time for
tee times for this group would be the same as non-residents. Individuals in this category
would be identified by checking driver's license so; I have brought this item to
Commission because I feel it is a policy decision versus an administrative marketing
decision.
I have a concern with this proposal as presented, based on what I think is our marketing
area. I think the proposal may make our non-resident rate obsolete.
I could support another tier in the rate structure for players who are not residents, but
have a Delray Beach address. The rate structure as currently approved for residents and
non-residents is based on a maximum rate. This rate could be reduced to attract other
non-residents from the Boca Raton and Boynton Beach areas.
Staff Recommendation
Staff recommends denial of the request as proposed, but would recommend consideration
of approval of an additional category for players with a Delray Beach address, with rates
as proposed in the memo received from Ms. Birsky.
RAB/tas
Filc:u:swecncy/qcnda
Doc:Additional Rate Calcgory Municipal Golf Curse
Delray Beach Golf Club
Memo
To: Bob Barcinski
From: Mary Beth Birsky ~/
Date: 10/05/01
Re: Marketing Golf Rates
We would like to propose a marketing idea for Delray Beach Golf Club. We currently
have three categories of golfers: City of Delray Beach residents, non-residents and permit
holders. A marketing idea that we think we could benefit from in the future would be
establishing a Palm Beach County rate for people who qualify.
We feel that we could improve our relations with the surrounding towns such as Boca
Raton and Boynton Beach, as well as those that live west of Military Trail in Delray by
offering an intermediate rate. The rate would be higher than what a City resident pays,
but lower than a total non-resident. By adding another price point, we believe we can
attract more local business in an ever-increasingly competitive market.
We have had great success offering this type of rate with other courses that we manage,
and feel it would enhance our rapport with other local communities.
We would like to make a proposal in front of the City Commission on October 16t~, 2001.
Would you please put us on the agenda for that night? Please contact me regarding any
questions you may have. Thank you.
Our recommendation is as follows:
Resident Palm Beach Count, Non
Resident
Nov. l-Nov.30th,2001
Dec. 2001 & April 2002
$34.00 $38.00 $44.00
Jan. 1-March 31 st, 2002 $3 7. O0
$48. O0 $54. O0
Mayl-Oct. 31 st, 2002
$21.00 $23.00 $25.00
Cc: BrahmDub~
Sharon Pa~tcr
Melllo
City Commission
David Harden
May 17, 2002
New Courthouse/Library Parking
In order to provide the option of adding more parking at a later date, Palm Beach County and
their consultants have determined that it is necessary to build three levels on half the site
now, with surface parking on the other half. Our initial idea of building two levels now on the
whole site and adding a third level later is not considered practical because of the difficulties
involved in constructing a third level over parking which is in use.
The cost of constructing three levels on haft the property with surface parking on the other
half is more than the cost of two levels on the whole site. The difference is outlined in the
attached cost comparison. The question before the Commission is whether or not to pay this
additional cost of $334,000 in order to have the possibility of adding more parking in this
location at a later date. If the area in front of the Tennis Center has buildings built on it, that
will certainly increase the demand for parking in the area. Diane Dominguez has also told
me that there may be a need for additional parking to serve the Dharma development
immediately to the east of this parking facility.
Recommendation: I recommend that the City pay the additional cost necessary to keep
open the option of adding additional parking to the Courthouse/Library parking garage at a
later date. I also think it would be appropriate to approach the CRA about repaying the City
for this cost over some period of time.
COMPARISON OF COSTS FOR PARKING STRUCTURES
2 Story Parking Structure:
Total Spaces
Surface
Garage
= 540
= 53 x $1,750 = $92,750
= 487 x $7,000 = 3,409,000
3 Story_ Parking Structure:
Total Spaces
Surface
Garage
Total Cost $3,501,750
= 540
= 167 x $1,750 = $292,250
= 373 x $9,500 = 3,543,500
Differential:
3 Story Structure
2 Story Structure
$3,835,750
$3,835,750
3,501,750
$334,000
The above costs do notinclude estimated design and construction managementcosts
~,$93,086.
£1TY OF DEI. AFIY BEFII:H
CiTY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993
MEMORANDUM
DATE: May 15, 2002
TO:
FROM:
City Commission
Brian Shutt, Assistant City Attorney
SUBJECT: Approval of Contract for Breezy Ridge Resident
Attached is the following Contract for Sale and Purchase for the property listed
below that is located in Breezy Ridge Estates with regard to the High School
relocation matter:
Dupuy and Nadia Florestal
12-43-46-18-02-000-0400
$169,000
By copy of this memo to David Harden, City Manager, I am requesting that this
matter be placed on the May 21, 2002 City Commission agenda.
If you have any questions, please call me.
RBS:ci
Attachment
cc:
David Harden, City Manager
Barbara Garito, City Clerk
Lula Butler, Director of Community Improvement
Joe Safford, Finance Director
Becky O'Connor, Treasurer
Robert Federspiel, Esq.
PARTIES: D~IY FLORESTAL and NADIA LOREDENT, his w=~e, ("~") , O~ 27 NW 24~h
Av~mue. Delray 8~ac~, ~L 33~45, (~hone 27~-0676), and =he CI~ OF DEL~Y B~.
a Florida ~ni=~al co~o=aKion, ("~") , of !00 N W Is= Avenue, Delray 8each,
~L ~3%~% (~hone: 561-2~3-7000). here~y agree ~haK =he Seller shall sell and
{collec=lv~ly "~") u~on uhe fol!ow=ng =erms and cond~=~ons, whlch iNCL~E
her~o~ or au=ac~ed ~r~=o a~d r~ders and any addenda
and 9urchas~ ("~").
DESCRIPTION:
(a} Legal description of =he Real ~roperuy located =n ~a!m Beach County,
F!or~da=
or plat =hereof as ~corded =n ~lat Book 24, Page 116,
Records of Palm Beach ioun=y, F!or~da
Property Control
(b) Street address, cf=y, zip, of ~he ~roper=y ~s: 27 ~w 24=h Avenue,
Oe!ray Beach, FlorLda
II. PUI~C~ASE ~RICE: $~49.000.00
~AXMENT:
(a) Deposit(s) paid w!thln =hree (3)
business days followlng ~he Effective
Date of this Contrac=, =o be
held in escrow by Rober= w. Federspie!,
~.A. Trusn Account ~n une amount of
$ 1,000.00
Balance =o close (U.$ cash, a=uorney t~as=
accounu check, LOCALLY DRAWN cer=i~!ed or
cashier's check, or wlre uransfer) subjec~ =o
ad]ustmenus or proration
Total
III.
Iv.
TIM~ FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE. i~ =his offer ~s no:
executed by and delivered =o all 9art~es OR FACT OF EXECUTION com~un~ca=ed
in wrz=lng between =he par=les prlor to such offer being w~=hdrawn by =ha
firs= paruy s~gn!ng, =he depos~=(s} w~!i, a= Buyer's opuion, De returned
and th~s offer w~thdrawn. The daue of Con, fac= ("~f=~ct~ve ~a~e") w~ll ~e
=he later of =he date when une ias~ one of =he Buyer and =he Seller has
s~gned =bls offer or =he daue =he C~=?' Commlsslon of uhe C~uy of De!ray
Beach approves th~s Conuracn A facsimile copy of =his Contracu and anV
slgna=ures =hereon shall be considered for ali purposes as orlg~nais
TITLE EVIDENCE: At !easu 3~ days from une effective daue, (CHECK ONLY
O~E) ~Se!!er shall, a: Seller's expense, del~ver ~o Buyer or Buyer's
o~ lns=rumencs listed as excepz~oms ac~ached l~ere~o) and,
an owner's policy of tlc~e insurance
CLOSING DATE: This transacclon shall be closed and the warranty Deed and
ocher closing papers delivered on the tnlrd Thursday following
explraclon of the feaslDillcy study perlod as provided for in Section
~I(A), unless modified by ocher provisions of
vl.
RESTRICTIONS; EASEM~'RTS; Li~ITATIONS: Buyer shall take =i~!e subject uo.
comprehensive land use plans, zoning, rescr!culons, prohlblulons and other
requiremenus imposed by governmen=a! au=horliy, res~rlc=lons and ma~zers
a~pear~ng on the plat or otherwise common ~o ~ne suud~vls~on, puDilc
uti!it~ easements of record {easemenus are uo be located contl~uous =o
Rea! 9roper=y !ines and hoc more than !0 feet in wld~h as ~o ~he rear or
fron= l~nes and 7-!/2 fee~ n w~d=h as uo the slde lines, unless othe=wLse
-- s=aced here~n) ; taxes fcr ~ar of c!os~ng and subsequent years, assumed
mot=gages and purchase mone morugages, if any (if addlulonal items, see
addendum); provided cha~ =here ex,scs ac c!os~ng no v~o!aclon of ~he
foregoing.
OCCUPANCY: Seller warran=s uhere are no paru~es in occupancy other =hen
Seller. Seller shall deliver occuDancy of ~roper~y =o Buyer at rime of
closing unless onherwlse snared herein, if occupancy ~s =o be delivered
before closing, Buyer assumes ali r~sk of loss uo Properuy from date of
occuDanc¥, shall be responslble and liable for maintenance from chat dace,
and shall be deemed uo have acce9ced Property ~n its exlsnlng cond~ulon as
of c~me of uak~ng occupancy unless otherwise sta~ed herein.
v~II. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Tiwp. ewr!ccen or handwrl=cen
9rovlslons, rlders and addenda shall control all pr!hued provisions of
nh~$ Concrac: in conflic= w~:h ~hem.
IX.
ASSIGNABILITY.: (CHECK ONLY ON-E): Buyer (!) · may assign and =hereby be
released from any further !labi!Izy under th~s Con,fac=; ~may ass!gn bur
hOC be released from !labi!i=y under zh:s Con2rac=; or ~may no= assign
=his Con=fac=.
DISCLOSURES:
(a) Radon
(b)
is a na=urai!y occurring rad!oac=ive gas =ha=, ~=hen
accumulated in a bul!dlng in suff~clent .~uan=itles, may 9resen=
heal=h risks =o persons who are exposed =o i= over t~me Levels of
radon =ha= exceed federal and suace guldellnes have been found in
bulid~ngs in Flor~da Addi=~ona! InfoL-ma=~on regardlng Radon or
Radon :es=lng may be obtained from your Coun=y Public Eea!~h uni~.
Buyer may have de~erm~ned uhe energy, efficiency re=lng of =he
reslden=lal buli~ing, ~f any ~s !oca=ed on the Real 9roDer=y
SPECIAL CLAUSES; ADDENDA: if ad~u~onal terms are co be Drovlded,
aunached addendum and CH~CK ~ERE ·
By:
Tax ~D ~. 59-6000308
Soc'~ al Security
Nad,_a Loredenc
Dace
Social Security ~
Deposit(s) under Paragraph Ii (a received, IF OTHE-R THAN CASH, THEN SU~T~CF TO
CLEAf~kNCE: ROBERT W. FEDE~ ~EL, 9.A.
By:
ADDENDUM TO CONTRACT FOR SALE ~ P~TRCHASE
SELLER
DUPUY FLORESTAL and NAD iA LOREDENT, his wnfe
BUYER
PROPERTY ADDRESS.
CITY OF DELRAY BEACH, a Florida municipal corporac_o~
27 Nw 24~h Avenue, Delray Beach, FL 33445
~I. SPECIAL CLAUSES; ADDENDA (Conclnued)
A. The Buyer shall have twelve (12) business days following the approval
of this contract by the City Commission as sec forth in -~~~_~ below wi:blt
which =o conduct any and all feasibility s~udles and determinations relative To
the suitability for the ac.~uisl~lon of the sub]ect property by ~he Buyer and ~ne
Buyer reset-yes the express r~ght co Terminate this Contract at any time during
said period for any reason or no reason, ~n Buyer's sole d~scretlon, wnereupcn
Buyer shall receive a full refund of al! aepos~ mon~es paid hereunder Buyer
shall be granted reasonaD!e access zo =ne premises =o conduct suc~ feaslb~!l=y
studies and determinations, itclud~ng envlronmental assays, core drl!!Ing,
sur~e~.s, so!! sampling and ocne. ]uch =esulng
B. This Contract is expressly conclngenc and conditioned upon The
ap9roval of =he same by =he Ci~y Commission of ~he City of De!ray Beach
fifteen (I5) business days from =he dare ute Seller signs this Contract, and
Contract shall expressly hoc be deemed an "offer" by the Buyer for any purpose
unless and un~ll ~he said CiTy Commlsslon shall have approved and accepted sald
Con~ract In open session. If thls Contract is not approved by ~he
Commission of ~he City of Delray Beach wi~hln fifteen (15/ business days from
da~e ~he Seller signs this Con~ract, then ~nls Con,race w~!l be null and void and
of no further force or effec~
C. This ~urchase is ~n lleu of emlnent domain. The parties believe ~ha=
this transaction is exempt from documentary scamp tax pursuant co Fla. A~in.
Code Ann. r. !2B-4.0!3, however ~n ~he even~ the obilgacion for documentary scamp
tax is decerm~ned and assessed, ~he Seller agrees ~o be responsible for the sa~e
and =o indemnify, save, and hold the Buyer harmless for such taxes.
D. Early Closing. Nocwlzhstandlng the provlslons set forth in Sec=lot v
of the Contract, Sellers elect :o close fifteen (15) bus,ness days following =he
dare of delivery ~o the Buyer of =he executed Contract and a copy of all mortgage
account InfoL-maclon re!at,ye ~o any mortgages Seller may have on the sub]ec~
property.
Seller hereby acknowledges that they have dell',ered che executed Con=rac=~or
Sale and Purchase and prov!ded :he mortgage pay~en~ Informal!on on zn~s day
of , 2002
If you wish co eisa: ~h!s early~c!_~.~ng option,
lni=~al here:/U' a.. ~ffl,t-"
pieaseI
E. P=rchase Price Ad]us~.~ent The Buyer hereby agrees
i= shall have entered Imco any ';olunua~/ contract ouuslde of eminent domain for
prior to ~ne closing Of Ibis purchase and sale and such o~ner con~racl wcu!=
provide a purchase price as defined ~m Article Ii of the Contract for Sale and
~urchase wnlch is greater than znlr~/ percen~ (30%) above the appralsed value of
such other property accordlnF ~o a bonaflde appraisal accepzab!e uo the Buyer
(~he "Other ConTract") , %ne ~u'£er small increase the purchase prlce for the
variance above appraised value agree~ 5o De paid in such Ocher Con:tact
F. Property Excluded. The following appliances, improvements, and
flx=ures located an or on the subject property a~e hereby excluded from the sale
and wlli be removed when we vacate ~he premises-
!
G. Post-Closing Occ=~ancy- The undersigned Sellers hereby elect to
continue =o occupy =he property ar=er closing as a Tenant under a lease agreement
wl=h =he Buyer =o be ~igned a: c:~slng in form subs=an=la!ly as attached hereto,
which lease wll! provlde for :he _gh= to occupy ~he premises unzll November I,
2002, a= no rent. Further, provlce: :ha: in =he event :he undersigned Seller has
entered in~o a lease w~=h =he Sc=eel Board of Palm Beach County on or pr~or ~o
November 1, 2002, which lease ls acceptable ~o =he School Board of Palm Beach
County and provldes for =he Seller's right =o continue =o occupy =he premises
after =he conveyance of =he property by :he Buyer :o =he School Board of Palm
Beach County, =he Seller shall have =he r~gh= =o continue occupancy ar=er
November 1, 2002 under =he lease with :he Buyer un=il :he earller of: December !,
2002, or =he conveyance of the sub]ec~ proper:y by =he Buyer =o =he School Board
of Palm ~each County.
If you w:sh =o elec: :h'-s pp$=-~os:ng oc~9~ncy
option, please !nl=la! here.
H. Relo¢&=ion Benefit: The Buyer hereby acknowledges that !f =he
subject property ls occupied as of :he daze of closing, =he occupant wl!i receive
a relocation benefit Ln the amount of One Thousand Fxve Hundred Dollars
{$I,500.00), no be paxd by =he Buyer =o the occupan~ upon the occupant vaca~lng
:he susie:= property.
BUYER'S INITIALS:
SELLERS' INITIALS
3. S~Y- Buyer, aC Buyer's expense
= P~ OF ~S~G. Clog:ag snell ~e ne!~ _n ~ .
Buyer
~. T~. in :O~uc~ng :~ per:~s ~ l~ss
G. ~S. ~R ~OS~: guver, s~ll ~rn:-n~ ~ee~. ~'~er's possess:on ~:f~av:=, :orrec::'~e ~nsc~amen:s, an~ closing scacemen:
pteva~::flV pa:cy =aaso~O~e acco~ey's ~ees, costs, an~ e~enses
LEASE
T~iS LEASE, ~s made by and between CITY OF DELRA~ BEACH, here~nafuer
called "Landlord," whose address ~s !00 N.W. FLrsc Avenue, Delray Beach,
Florida 33444, and
· hereinafter called "Tenant."
W I TNE S S ET H;
In consideration of uhe falchfu! performance of all covenants,
agreements and cond&c~ons here~n contained, on the parc of the Tenant to
be kep:, done and performed, the sald Landlord does hereby lease co ~he
Lessee the followlng descrLbed proper~y:
--Slngle famlly residence ocaced ac
, Delray Beach, Florida.
its "as is" condition.
Sald properuy uo be mn
TO WAVE AND TO HOLD the same ,ur. uzl November 1, 2002, ac no renu.
='%urcher, provided chac an the event the Tenanc has entered into a lease
wlch ~he School Board of Palm Beach County on or prior co November 1,
2002, which lease is acceptable co ~he School Board of Palm Beach Counuy
and provides for ~he Tenant's r~ghc co continue to occupy ~he premises
after ~he conveyance of the property by ~he Landlord =o the School Board
of Palm Beach Coun=y, ~he Tenant shall have ~he right co conc~nue
occupancy after November i, 2002, under the Lease wi~h ~he Landlord unci!
the earlier of: December 1, 2002, or the conveyance of the subjec~
proper~y by ~he Landlord co the School Board of Palm Beach County.
NOTICE TO TENANT (Pursuan= co Chap:er 83, F.S.)
A. Landlord deszgnaues SUSAN RUBY, ESQ., of uhe Cizy Acuorneys'
Office, 200 N.W. Fzrsc Avenue, Delray Beach, FL 33444, as ~he person
au~horlzed on i=s behalf co receive all notices and demands of Tenanc.
THE TENANT FURTHER COVENANTS AND AGREES AS FOLLOWS:
!. Noc co use or permit ~o be used zhe premises for any z!!ega!,
· mmora! or improper purposes.
2. No~ uo make or pe.~ni~ any no~se, disturbance or annoyance
whatsoever de=rimenca! :o ~he premises or co ~he comfor~ and peace of
neighboring res~denus.
3. The part~es agree thau uhe premises, including lawn and
plantings, and pool (lf app!~cab!e), shall be continuously ma~nua~ned zn
good condlcion by the Tenant, ~nc!ud~ng buc hoc l~m~ued uo a~r
condlt~onlng and beau, appliances and/or appliance servlce contracz,
interlor peso excerm~nau~on (~f desired) , lawn & plantings, lawn pest
con:rol, building ex,error, bu!idlng ~n~erlor, pool and equlpmen~/poo!
se,--vlce, and ~hat the obligation and cos~ of maintenance shall be borne
by ~he Tenant.
4. All charges for utllltzes sea-Ices during the term of this
Lease, including bu= not lzmted to electric, telephone, gas/fuel, sewer,
water, and refuse collection, shall be payable by the Tenant.
5. The Tenant assume full and complete rlsk of loss and in]u,--y :o
themselves and others which may result from the occupancy of the sub]ecc
premises pursuant to chis Lease and ~n consideration of such tenancy, the
Tenant agrees to Indemnify, save, and hold The %&ndlord harmless from any
and all ~iabillty, cos~u, clalms, exlDenses, or damages of whacsoever
nature including defense coscs, actorneys' fees, and administrative
COSTS.
6. Tenan= shall del~ver up possession of che premises a~ =he end
of the term ~n as good cond~t~ as they now are, ordinary wear and tear
excepted; Tenan~ acknowledges prior ~nspectlon of ~he premises and flnds
same to be in good condition excepc as hereinafter noted.
7. Tenant agrees that Landlord shall have =he righT, upon
reasonable nocice, to Lnspec~ che premises and co show che premises to
prospective Tenants or Purchasers.
8. Tena~c agrees to pay the cost of repairing any and all damage
co the premises occasioned by Tenan~ or any o~her par~y during the cerm
of chis Lease, including Che cost of removing foreign substances from
~oile=s and sinks.
9. Tenant covenants and agrees cha= =he premises shall no= aC any
time be occupied by more ~han one family or persons wi=hour
wr~tcen approval of che Landlord.
!0. DEFAULT: Tenant's default in ~he perfo.~ance of the cove.nan, s
and conditions hereunder shall immediately constItute Tenant as a renan=
at sufferance and, in such event, Tenant wazves a!!'righ~ of nocice ~o
vacate said premises, and =he L~ndlord shall be enclcled to re-enter and
retake possession of the ~remises immedlate!y and withouc !iabilicy_for
such action. --
11. Tenant agrees to pay all cour~ costs and reasonable
fees which may be pald or incurred by Landlord or Landlord's agent
enforclng the covenants, conditions, agreements and obl~gacions of ~his
Lease in ~he event of Tenant's default hereunder.
12. This Lease contains =he entire agreement of the par=ies and
supersedes a~y and all 9rlor agreements between uhem. This Lease shall
be b~nd~ng upon the benefit of ~he par~les, their Personal
Representatives, successors and assigns.
I3. Tenan~ shall not assign ~he Lease, or sublet the premises or
any 9ar~ thereof, or perm,= the premises or any parz thereof to be used
or occupied by anyone other than Tenant or members of Tenant's Immediate
famlly, without the prior written consent of Landlord.
14. Tenant is hereby prohibited from making any mm~rovements uo the
suDjec~ real proper~y other than pursuant to mrs repair and maintenance
and obligations as described herein and in the event a Claim of L~en
shall be recorded against the subject proper~y as a result of any of
Tenant's actions and such Lien shall not be dlscharged of record within
ten (!0) days thereafter, the Tenant shall be deemed co be in default
pursuant to the terms of th~s Lease.
iN WITNESS WHEREOF, the paruies here=o have executed this Lease the
day and year first above
BY SLGN!NG THIS RENTAL AGREE?~ENT TH~ TENANT AGREES THAT UPON SURRENDER
OR ABANDONMENT, AS DEFINED B~ ~E FLORIDA STATUTES, THE LANDLORD SHALL
NOT BE LIASLE OR ~ESPONSIBLE FO~ STORAGE OR DISPOSITION OF TKE TENANT'S
PERSONAL PROPERTY.
WITNESSES: LANDLORD:
AS =o Landlord (2 required) CITY OF DELRAY BEACH
Printed Name:
Ti=le:,
As to Tenant (2 required)
CITY COMMISSION
CITY OF DELRAY BEACH~ FLORIDA
REGULAR MEETING - MAY 21~ 2002
6:00 P.M. - COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM TO:
9. REGULAR AGENDA
E. PURCHASE OF BREEZY RIDGE PROPERTIES: Consider approval of contracts for the
purchase of two (2) additional Breezy Ridge properties.
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.
[lTV DF DELRflV BEfl[H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993 TO:
FROM:
MEMORANDUM
May 20, 2002
City Commission ~
Brian Shutt, Assistant City Attorney
SUBJECT: Approval of Contract for Breezy Ridge Resident
Attached is the following additional Contracts for Sale and Purchase for the
properties listed below that is located in Breezy Ridge Estates with regard to the
High School relocation matter:
Raul and Rosa Perez
12-43-46-18-02-000-0160
$156,000.00
Samuel & Lidia Lopez & Raul Perez
12043-46-18-02-000-0480
$195,000.00
By copy of this memo to David Harden, City Manager, I am requesting that this
matter be placed on the May 21,2002 City Commission agenda.
If you have any questions, please call me.
RBS:ci
Attachment
CC:
David Harden, City Manager
Barbara Garito, City Clerk
Lula Butler, Director of Community Improvement
Joe Safford, Finance Director
Becky O'Connor, Treasurer
Robert Federspiel, Esq.
CONTRJlCT FOR SALE AND PURCHASE
PARTIES: PAUL PEREZ and ROSA MARIA PEREZ, his wife, ("~eller"), of 21 NW 23rd
Avenue, Delray Beach, FL 33445, (Phone: 265-0067), and the CITY,OF DELRAY BEACH,
a Florida m%xnicipal corporation, ("BALy_~"), of I00 N.W. Ist Avenue, De!ray Beach,
FL 33444 (Phone: 561-243-7000), hereby agree that the Seller shall sell and Buyer
shall buy the followlng descr!bed Real Property ~nd Personal Property
(cotlectlve!y "~") upon the following terms and conditions, which INCLUDE
the Standards for Real Estate Transact!ons ("S~") on the reverse slde
hereof or attached hereto and riders and any addenda to this Contract for Sale
and Purchase ("~") .
DESCRIPTION:
(a) Legal description of the Real Property located in Palm Beach County,
Florida:
Lot 16, Replat of Ps~i of Breezy Ridge Estates, according to the map
or plat thereof as recorded in Plat Book 24, Page 116, Public
Records of Palm Beach County, Florlda
Property Control No.:12-43-46-18-02-000-0160
(b) Street address, city, zip, of the Property is: 21 NW 23rd Avenue,
Delray Beach, Florida
PURCPIASE PRICE: S156.000.00
PAi'MENT:
(a) Deposit(s) paid within three (3)
business days following the Effective
Date of this Contract, to be
held in escrow by Robert W. Federsple!,
P.A. Trust Account In the amount of
(b) Balance to close (U.S. cash, attorney trust
account check, LOCALLY DRAWN certified or
cashier's check, or wire transfer) subject to
ad]ustments or proration
$ 1,000.00
S155.000_00
Total $156,000.00
III.
IV.
TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer is not
executed by and dellvered to all paroles OR FACT OF EXECUTION communicated
In writing between the parties pr!or to such offer being w~thdrawn by the
first party slgnlng, the deposit(s) wm!!, at Buyer's option, be returned
and this offer withdrawn. The date of Contract ("Effective Date") will be
the later of ~he date when the last one of the Buyer and ~he Seller has
signed this offer or the date the City Commission of the City of Detray
Beach approves this Contract. A facslmi!e copy of this Contract and any
signatures thereon shall be consldered for all purposes as originals.
TITLE EVIDENCE: At least 30 days from the effective date, (CHECK ONLY
ONE) : ~Seiler shall, at Seller's expense, deliver to Buyer or Buyer's
attorney; OR ·Buyer shall at Buyer's expense obtain (CHECK ONLY ONE):
~abstract of title or ·title insurance commltment (with legible copies
of instruments listed as exceptions attached thereto) and, after closing,
an owner's policy of title insurance ~
CLOSING DATE: This transaction shall be closed and the Warranty Dee~ and
other closing papers dellvered on the second Thursday following the
exp!ration of the feasibility study period as provided for in Section
XI(A), unless modified by other provlslons of Contract.
vi.
RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
comprehensive land use plans, zonlng, restr!ctlons, prohlbi~ions and other
requirements imposed by governmental authority; restrictions and matters
appearing on the plat or otherwise common co the subdivision; public
utility easements of record (easements are to be located contiguous ~o
Real Property lines and not more than 10 feet in width as to the rear or
~front lines and 7-1/2 feet ~n width as ~o the side lines, unless otherwise
stated herein); taxes for ~ar of closing and subsequent years; assumed
mortgages and purchase money mortgages, if any (if additional Items, see
addendum); provided that there exists a~ closing no violation of the
foregoing.
VII.
OCCIrPANCY: Seller warrants there are no par~les in occupancy other than
Seller. Seller shall deliver occupancy of Property to Buyer at time of
closing unless otherwise stated herein. If occupancy is to be delivered
before closing, Buyer assumes all risk of loss to Property from da~e of
occupancy, shall be responsible and liable for maintenance from that date,
and shall be deemed to have accepted Properry in its existing condition as
of time of taking occupancy unless otherwise stated herein.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewrltten or handwritten
provisions, riders and addenda shall control all printed provisions of
thls Contract in confl!c~ with them.
IX.
ASSIGNABILITY: (CHECK ONLY ONE) : Buyer (1) · may assign and thereby be
released from any further liablllty under this Contract; ~may assign but
not be released from !labillty under this Contract; or ~may not assign
this Contract.
Xo
XI.
DISCLOSURES:
(a) Radon is a naturally occurring radioactive gas that, w~en
accumulated ~n a building in sufflc~ent quantities, may presen~
health risks to persons who are exposed to it over ~ime. Levels of
radon that exceed federal and s~ate guldellnes have been found In
buildings in F!or~.da. Additional informer!on regarding Radon or
Radon testing may be obtalned from your County Public Health unlt.
(b) Buyer may have determ!ned ~he energy efficiency rating of the
residential building, ~f any is located on the Real Property.
SPECIAL CLAUSES; ADDENDA: If addltlonal terms are to be provided,
a~tached addendum and CHECK HERE ·.
CITY OF DELRAY BEACH
By:
Tax ID No. 59-6000308
Date
· P~re~ /
Social Security
or r~ ~ ~o. ,,~. 5-- g~--~73~-
Rosa Maria Perez~,
Social Security
DepoSit(s) under Paragraph ii (a received; IF OTHER THAN CASH, THEN SUBJECT TO
CLEARANCE: ROBERT W. FEDEA3PIEL, P.A.
By:
ADDENDUM TO CONTP, ACT FOR SALE AND PD"RCHASE
SELLER:
RAUL PEREZ and ROSA MARIA PEREZ, his wife
BUYER: CITY OF DELRAY BEACH, a Florlda municipal corporation
PROPERTY ADDRESS: 21 NW 23rd Avenue, Delray Beach, FL 33445
SPECIAL CLAUSES; ADDENDA (Continued) .
A. The Buyer shall have twelve (12) business days following the approval
of this contract by the City Commlsslon as set forth !n P_~ below wlthln
which to conduct any and all feaslb!!ity studies and determinations relative to
the sulcabi!lty for the acquisition of the SUD~eCt property by the Buyer and the
Buyer reserves the express right to terminate this Contract at any time during
said period for any reason or no reason, in Buyer's sole discretion, whereupon
Buyer shall receive a full refund of ail deposit monies paid hereunder. Buyer
shall be granted reasonable access to the premises to conduct such feaslbillty
studies and determinations, :-c!udlng environmental assays, core drilling,
surv--e~s, soil sampling and othe~ ~uch testing.
B. This Contract is expressly contingent and conditioned upon the
approval of the same by the City Commisslon of the Clty of Delray Beach within
fifteen (i5) business days from the date the Seller signs this Contract, and this
Contract shall expressly not be deemed an "offer" by the Buyer for any purpose
unless and until the said Clty Commlss!on shall have approved and accepted said
Co~tract in open session If thls Contract Is not approved by the C!ty
Comm!ssion of the City of De!ray Beach wlth!n fifteen (15) bus!ness days from the
date the Seller signs this Contract, then this Contract will be null and void and
of no further force or effect.
C. This purchase is in lieu of eminent domain. The parties believe that
chis transaction is exempt from documentary stamp tax pursuant =o Fla. Admln.
Code Ann. r. 12B-4.013, however in the event the obligation for documentary stamp
tax is determined and assessed, the Seller agrees to be responsible for the same
and to indemnify, save, and hold the Buyer harmless for such taxes.
D. Early Closing: Notwithstanding the provislons set forth in Section V
of the Contract, Sellers elect to close flfteen (15) business days following the
date of delivery to the Buyer of the executed Contract and a copy of all mortgage
account information relative to any mortgages Seller may have on the subject
property.
Seller hereby acknowledges that they have de!i'~ered the executed Contract -for
Sale and Purchase and provided the mortgage payment information on %h!s day
of , 2002.
inltla! here
E Purchase Price Adjusr~nent: The Buyer hereby agrees chat in the event
ic shall have entered Into any vo!unua~y contract outside of eminent domain for
~he purchase of another property wlthin the Breezy Ridge Estates subdivision
prior to the closing of thls purchase and sale and such other contract would
provide a purchase price as defined in Article II of the Contract for Sale and
Purchase which is greater than thlrcy percent (30%) above the appraised value of
such other property according to a bonaf~de appraisal acceptable to the Buyer
(uhe "Other Contract") , the Buyer shall increase the purchase price for the
property whlch Ks the subject of this Contract to reflect the same percentage
variance above appraised value agreed to be paid in such Other Contract.
F. Property Excluded: The fo!!owlng appliances, improvements, and
fixtures located in or on the subject property are hereby excluded from the sale
and will be removed when we vacate the premises:
G. Post-Closing Occupancy: The undersigned Sellers hereby elect ~o
continue to occupy the properc¥ after closing as a Tenant under a lease agreemenu
wlth_~he Buyer to be signed ac c Dslng ~n form subscan~!ally as attached hereto,
whlc~lease will provide for the _ight to occupy the premises until November !,
2002, at no rent. Further, proviced that in the event the undersigned Seller has
entered into a lease with the School Board of Palm Beach County on or prior to
November !, 2002, which lease is acceptable ~o the School Board of Palm Beach
County and provides for the Seller's right to continue to occupy the premises
after the conveyance of the property by the Buyer to the School Board of Palm
Beach County, the Seller shall have the right to continue occupancy after
November 1, 2002 under the lease with the Buyer until the earlier of: December 1,
2002, or the conveyance of the subject property by the Buyer to the School Board
of Palm Beach County.
If you wish to elect this pos~_-cl~os~ng occupancy
option, please in~_tial here: f F. ~
H. Relocation Benefit: The Buyer hereby acknowledges that if the
subject property is occup!ed as of the date of closing, the occupant will receive
a relocation benefit ~n ~he amount of One Thousand Five Hundred Dollars
($1,500.00), to be pa~d by ~he Buyer to the occupant upon the occupant vacat!ng
the subject property.
BUYER'S INiTI~LS:
SELLERS' iNITI~LS:
STANDARDS' FOR REAL ESTATE TRANSACTIONS
speclfylng defect(s) If the defect(s) render title unmarketable. Seller will have 30 days from receipt of notice to remove the
defect(s), fai!in~ whlc~ Buyer s~all, wlthln f~ve (5) days after ex~.ratlon of the thlrty (30) day perlod, oe!~ver written notice
to Seller e:t~er Il) extending :he :lme for a reasonable period ncc CD exceed 150 days wlthln wni:n Seller shall use diligent e~fcr:
to remove the defects, or (2J requestlng a refund of deposit{s) paid which sna!l ~mmeolately be returned to Buyer if Buyer fa:is
=efec:s. Buyer shall ex:her walve :he defects, or recel.~ · refunO cf deposi:(s~. :hereDy releasLng Buyer and Seller from all fur:her
suppi:ers, and materlalmen in addition =o Sei!er's l~en affi~av:t Se~tlng forth the names of all such general con,rat:ors.
Z. P~AC£ OF CLOSING: Clos~ng shall be he!c :- toe county where Rea! Proper:y ~s located, at t~e office of she ac:orney of :he
Buyer
excludeo Any clme per~ods provlded for ~erein which ~hall end on Saturday, Sunday or !ega! ~ollday s~a!! ex=end =o 5 00 p m of
I. SPECIAL ASSESSMENT LI~$. Certified. c~nf,.--n..e~ and ratlfleo speclal assessment liens as of da~e of c!oslng Inot as of ~ffect_ve
Dace) are =o be pa~d by Seller Pen~in~ liens as of date of closlng shall be assumed Dy Buyer i~ :he lmprovemen~ has beem
subs:anzlally completed as of Effectlve Dale. ary pending l;en shall be consl~ered as cer:lfled conf:r~ed or ra:Ifled and Seller
s~all, a: c!oslng, be charged an amoun: e~ual :D :ne last estiq~a:e of assessmen: for t~e Improvemen: Dy :ne pUblIC body
bkll Of sale if Buyer fa:Is to make t:mely demand for refund. Buyer sha,l ta~e ::cie as cs. wa~v:ng all rights nra:nsc Seller
to any :nte~ven:ng defect except as may be available to Buyer by v:rtue of warrant.es contacted in the deed or b:ll of sale if a
as to place, tlme of day and procedures for c!os:ng, and for dlsbursemen: Of mortgage proceeds s~al! con: rol over :on:rary prov:s~on
&n thcs Contract Seller shall have :he r:g~t to reguzre from the lend:rig :nsc:tut:on a ~rltten corr~l~ment Chat :t will ~oc
d~sbursement of mortgage proceeds as a result of any c:tle de~ect at:r:butable to Buyer-mortgagor The escro~ and c:os:ng proce:~re
requ&red by thcs Standard may be ~alved :f tltle agent insures adverse matters pursuant to Section 62' '~41. ~ S . as amended
L. ~$CROW: Any escrow agent ('~na--') recelvlng funds or ec~iva!ent :s a~:hor:zed and agrees b~ acceptance o: t~em to ~epos::
:hem promptly, hold same :n escrow and. subject to clearance, disburse them :n accordance with ts:ms and condlt:ons of Contrac:
Failure of clearance of funds shall not excuse Buyer's perfo:~nance [f :n douot as co Agent's duties or !:abll:tzes unoer the
provisions Of Co~tract, Agent may. at Agent's optlon, con,:hue to ~old t~e subject matter Of the escro~ unt!l the paroles hereto
agree to :cs dlsbursement, or untll a judgment of a court of competent ~urlsd:ctl~n shall determine the rlghus of the part:es or
such actzon, all !zab:!lty on the part of Agent shall :ul!y termznate, except to the extent of accounting for any z:ems prevlousl?
delivered out of escrow if a l:censed real es:ate broker, Agent wll! comply w%:h provLs:ons Of Chapter ~75, F $ as amended
su:t between Buyer and Seller where Agent Is made a party because of act:~ as Agent hereunder, Or l~ any sult whereln
Interpleads the..~ect matter of the escrow A~en: s-~.L recover reasonable at:or~evs' fees and costs Lr:urred wltb :~ese amounts
:o be paxd from and out of the escrowed runts Or egu:va : and charged and awaroed as court Costs in favor of the preva:l:ng party
The Agent shall not be !:able to any party or person for -.sdellve~f :o Buyer or Seller of items su.b3ect to :bls escrow unless such
m:sdellvery :s due ~o wL!!fu! breach Of Con:rat: or gross neg!:gence of Agent
M. ATTOP. I~'~ F~ES; COSTS: in any !~tlgat:on. ~nc!udlng breach, enforcement or :nterpreta:~on. arising out of this Contract. the
prevall:ng party in such lltlgat~on ~hlch, for ~he pur~.oses of thls Standard. sna!l include Seller, Buyer, and any broners actlng
In agency Or nonagency relationships au~hor::ed by C~apter 4T5 F S , as amended shall be e~tltled to recover from =ne
preva~l&ng party reasonable attorney's fees, costs, and expenses
N. FAILURE OF PERFORMANCE: If Buyer falls to perfc--m =bls Con:tact w~thln the tlme speclfled (Includlng pa.vmen: of all
deposl:(s)), the deposlt(sl pald by Buyer and depos~t~s~ agreed =o De pald. ma~' be recovered and retalned by or for t~e account of
Seller as agreed upon llqilldated damages, consldera=lon for the execution of =bls Contract and in full se=clement of any claims,
whereupon, Buyer and Seller shall be relleved cf all obllgatlons under Con=tact. or Seller, at Seller's optlon, may proceed :n equlty
to enforce Seller's rights under thls Contract If, for any reason ocher than fallure of Seller to make Seller's t:t!e marketable
after =ll&gent effort, Seller falls, neglects or refuses to perform thcs Contract. the Buyer may seek specLflc performance or elect
:o recelve the return of Buyer's deposlt(s) w~thout thereby walv~ng any actlon for damages resultlng from Seller's breach
O. CO~-~CT NOT RECOI~D;kBLE, PERSONS BOUle'D: NOTiC~ Ne/chef th~s Con=ract nor any notice of It shall be recorded :n any pub!lc
records Thls Contract shall blnd and inure to t~e beneflt of the parties and thelr successors I~ l~terest Whe~ever the
permits, s~ngular shall xnclude plural and one gender shall lnc!ude all Notlce ~lven by or to the a~:orney for any party shall be
as effective as If given by or to that party
P. COI~ANC'E. Seller shall convey tltle =o Real Propertf by warranty teed, su.b)ect o~ly to matters contalned xn p.-.~a~h VI_
and :~ose o:herwlse accepted by Buyer Personal Property shall, at request of Buyer, be transferred by an a.~solu=e bill of sale
warranty of tltle, sub,et= o~ly ~o such ma,:ers as may be other-.se provlded for herel~
OT~{ER AGI~.S NO prlor or present agreements or represen~atlsns stall be blndlng upon Buyer or Seller unless :nc!uded Ln
thls Contract No modlfLCatlon or change :n thcs Contract shall De vaiLd or .ndlng upon the partles ~less Ln wrltlng and executed
by cae ~arty or partles :ncended to be bound Dy ::
R. WAR~ANT.:ES Seller warrants that there are no facts kno'-~. :o Seller ma:er:ally affectLng the value of :he Property ~h:ch are
not read:fy observable by Buyer or which have ~o: been dlsclosec :: B./er
LEASE
THIS LEASE, is made by and between CiTY OF DELRA¥ BEA(H{, hereinafter
called "Landlord," whose address is 100 N.W. F!rs~ Avenue,' Delray Beach,
Florida 33444, and
, hereinafter called "Tenant."
W i TNE S SETH:
In consideration of the faithful performance of all covenants,
agreements and conditions here~n contained, on the part of the Tenant to
be kept, done and performed, the said Landlord does hereby lease to the
Lessee the foilowlng descrlbed property:
Single family residence _ocated at
· Delray Beach, Florida. Sa~d property to be in
its "as is" condition.
TO HAVE AND TO HOLD the same until November 1, 2002, at no rent.
Further, provided that in the even~ the Tenant has entered into a lease
with the School Board of Palm Beach County on or prior to November i,
2002, which lease is acceptable to the School Board of Palm Beach Cou~oty
and provides for the Tenant's right to continue to occupy the premises
after the conveyance of the property by the Landlor~to the School Board
of Palm Beach County, the Tenant shall have the right to continue
occupancy after November 1, 2002, under the Lease with the Landlord until
the earlier of: December !, 2002, or zhe conveyance of the subject
property by the Landlord to the School Board of Palm Beach County.
NOTICE TO TENANT (Pursuant to Chapter 83, F.S.)
A. Landlord designates SUSA/q RUBY, ESQ., of the City Attorneys'
Office, 200 N.W. First Avenue, Deiray Beach, FL 33444, as the person
authorized on its behalf to receive all notices and demands of Tenant.
THE TENA/~T FURTHER COVENANTS AA~ AGREES AS FOLLOWS:
1. Not to use or permit to be used the premises for any illegal,
immoral or lmproper purposes.
2. Not to make or permit any noise, disturbance or annoyance
whatsoever detrimental to the premises or to the comfort and peace of
neigb_bor~n~ residents.
3. The parties agree that the premises, including lawn and
plantings, and pool (~f applicable), shall be continuously malntained ~n
good conditlon by ~he Tenant, ~nc!udin~ but not limited to a~r
conditionlng and heat, appliances and/or appliance service contract,
lnter~or pest extermination (~f deslred), lawn & plantings, lawn pes~
control, building exterior, building ~n~er~or, pool and ecfulpment/pool
se-~vice, and that the obligation and cost of maintenance shall be borne
by the Tenant.
4. Ail charges for utilities services during the,te?m of this
Lease, inc!ud!ng but not limted to electric, telephone, ga~/fuel, sewer,
water, and refuse collection, shall be payable by the Tenant.
5. The Tenant assume full and complete risk of loss and injury, to
themselves and others which may result from the occupancy of the sub3ect
premises pursuant to this Lease and in consideration of such tenancy, the
Tenant agrees to indemnify, save, and hold the Landlord harmless from any
and all llability, costs, claims, expenses, or damages of whatsoever
nature lnctuding defense costs, attorneys' fees, and admlnlstrative
costs.
-_6. Tenant shall deliver up possession of the premises at the end
of the term in as good condition as they now are, ordinary wear and tear
excepted; Tenant acknowledges prior inspection of the premises and finds
same to be in good condition except as hereinafter noted.
7. Tenant agrees that Landlord shall have the right, upon
reasonable notzce, to znspect the premises and to show the premises to
prospective Tenants or Purchasers.
8. Tenant agrees to pay the cost of repairing any and all damage
to the premises occasioned by Tenant or any other party during the term
of this Lease, including the cost of removing foreign substances from
toilets and sinks.
9. Tenant covenants and agrees that the premises shall not at any
time be occupied by more than one family or persons without
written approval of the Landlord.
10. DEFAULT: Tenant's default in the performance of the covenants
and conditions hereunder shall immediately constitute Tenant as a tenant
at sufferance and, in such event, Tenant waives all right of notice to
vacate said premIses, and the Landlord shall be entitled to re-enter and
retake possesszon of the premises immediately and without liability~or
such action.
11. Tenant agrees to pay all court costs and reasonable attorney's
fees which may be paid or incurred by Landlord or Landlord's agent
enforcing the covenants, conditions, agreements and obligations of th~s
Lease in the event of Tenant's default hereunder.
12. This Lease contains the entire agreement of the parties and
supersedes any and all prior agreements between them. This Lease shall
be binding upon the benefit of the parties, thelr Personal
Representatives, successors and assigns.
13. Tenant shall not assign the Lease, or sublet the premises or
any part thereof, or permlt the premises or any part thereof to be used
or occupied by anyone other than Tenant or members of Tenant's immediate
family, without the prior written consen~ of Landlord.
14. Tenant is hereby prohibited from making any improvements to the
subject real property other than pursuan~ to its repair a~d maintenance
and obligations as described herein and in the event a Claim of Lien
shall be recorded against the subject property as a result of any of
Tenant's actions and such Lien shall not be discharged of record within
ten (10) days thereafter, the Tenant shall be deemed to be in default
pursuan~ to the terms of this Lease.
IN WITNESS WHEREOF, the parties hereto have executed this Lease the
day and year first above written.
BY S~GNING THIS RENTAL AGREE:~ENT THE TENANT AGREES THAT UPON SURRENDER
OR ABANDONMENT, AS DEFINED BY THE FLORIDA STATUTES, THE LANDLORD SHALL
NOT BE LIABLE OR RESPONSIBLE FOR STOP~AGE OR DISPOSITION OF THE TENANT'S
PERSONAL PROPERTY.
WITNESSES:
LANDLORD:
As to Landlord (2 required)
CITY OF DELRAY BEACH
By:
Printed Name:
Title-
As to Tenant (2 required)
TENANT:
CONTRACT FOR SALE AND PURCHASE
PARTIES: SAMUEL LOPEZ and LIDIA LOPEZ, his wife and RAUL PEREZ and HILDELISA
PEREZ, his wife, ("Seller"), of 32 N.W. 24th Avenue, Delray Beach, FL 33445,
(Phone: Phonenumberofseller), and the CITY OF DELRAY BEACH, a Florida municipal
corporation, ("Bi~"), of 100 N.W. 1st Avenue, Delray Beach, FL 33444 (Phone:
561-243-7000), hereby agree that the Seller ~hall sell and Buyer shall buy the
following described Real Property and Personal Property (collectively "Property")
upon the following terms and conditions, which INCLUDE the Standards for Real
Estate Transactions ("~") on the reverse side hereof or attached hereto
and riders and any addenda to this Contract for Sale and Purchase ("~") .
DESCRIPTION:
(a) Legal description of the Real Property located in Palm Beach County,
Florida:
Lot 48, Replat of Part of Breezy Ridge Estates, according to the map
or plat thereof as recorded in Plat Book 24, Page 116, Public
Records of Palm Beach County, Florida
Property Control No.:12-43-46-18-02-000-0480
(b) Street address, city, zip, of the Property is: 32 N.W. 24th Avenue,
Delray Beach, Florida
II. PURCHASE PRICE: $195.000.00.00
PAYMENT:
(a)
Deposit(s) paid within three (3)
business days following the Effective
Date of this Contract, to be
held in escrow by Robert W. Federspiel,
P.A. Trust Account in the amount of
$ 1,000.00
(b)
Balance to close (U.S. cash, attorney trust
account check, LOCALLY DRAWN certified or
cashier's check, or wire transfer) subject to
adjustments or proration
Total
$194.000.00.00
$195,000.00.00
III.
IV.
TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer is not
executed by and delivered to all parties OR FACT OF EXECUTION communicated
in writing between the parties prior to such offer being withdrawn by the
first party signing, the deposit(s) will, at Buyer's option, be returned
and this offer withdrawn. The date of Contract ("Effective Date") will be
the later of the date when the last one of the Buyer and the Seller has
signed this offer or the date the City Commission of the City of Delray
Beach approves this Contract. A facsimile copy of this Contract and any
signatures thereon shall be considered for all purposes as originals.
TITLE EVIDENCE: At least 30 days from the effective date, (CHECK ONLY
ONE): DSeller shall, at Seller's expense, deliver to Buyer or Buyer's
attorney; OR ·Buyer shall at Buyer's expense obtain (CHECK ONLY ONE):
Dabstract of title or ·title insurance commitment (with legible copies
of instruments listed as exceptions attached thereto) and, after closing,
an owner's policy of title insurance.
Vo
CLOSING DATE: This transaction shall be closed and the Warranty Deed and
other closing papers delivered on the 4th Wednesday following the
expiration of the feasibility study period as provided ~or in Section
XI(A), unless modified by other provisions of Contract.
VI.
RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
comprehensive land use plans, zoning, restrictions, prohibitions and other
requirements imposed by governmental authority; restrictions and matters
appearing on the plat or otherwise common to the subdivision; public
utility easements of record (easements are to be located contiguous to
Real Property lines and not more than 10 feet in width as to the rear or
front lines and 7-1/2 feet in width as to the side lines, unless otherwise
stated herein); taxes for 3'ear of closing and subsequent years; assumed
mortgages and purchase money mortgages, if any (if additional items, see
addendum); provided that there exists at closing no violation of the
foregoing.
VII.
OCCUI~ANCY: Seller warrants there are no parties in occupancy other than
Seller. Seller shall deliver occupancy of Property to Buyer at time of
closing unless otherwise stated herein. If occupancy is to be delivered
before closing, Buyer assumes all risk of loss to Property from date of
occupancy, shall be responsible and liable for maintenance from that date,
and shall be deemed to have accepted Property in its existing condition as
of time of taking occupancy unless otherwise stated herein.
VIII. TYPEWRITTEN OR KANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions, riders and addenda shall control all printed provisions of
this Contract in conflict with them.
IX.
ASSIGNABILITY: (CHECK ONLY ONE): Buyer (1) · may assign and thereby be
released from any further liability under this Contract; []may assign but
not be released from liability under this Contract; or Dmay not assign
this Contract.
DISCLOSURES:
(a) Radon
(b)
is a naturally occurring radioactive gas that, when
accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding Radon or
Radon testing may be obtained from your County Public Health unit.
Buyer may have determined the energy efficiency rating of the
residential building, if any is located on the Real Property.
XI.
SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided,
attached addendum and CHECK HERE ·.
CITY OF DELRAY BEACH
By:
Tax ID No. 59-6000308
Date
Social SecuritYor Tax ID No. ~~ --'~-~--~'/~/~
Lidia~- "~ %~ Lopez ~ ~ ~ ~
Soci~ecur~ty~/ . ~__
or Tax ~D N0. ~--~--~~
R~ Date
Social Security ~ ~
or Tax ID No. 3~-~
Hildelisa Perez
Social Security
or Tax ID No.
Date
Deposit(s) under Paragraph II (a) received; IF OTMER THAN CASH, THEN SUBJECT TO
CLEARANCE: ROBERT W. FEDERSPIEL, P.A.
By:
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER:
SAMUEL LOPEZ and LIDIA LOPEZ, his wife and RAUL PEREZ
and HILDELISA PEREZ, his wife
BUYER: CITY OF DELRAY BEACH, a Florida municipa~ corporation
PROPERTY ADDRESS: 32 N.W. 24th Avenue, Delray Beach, FL 33245
XI. SPECIAL CLAUSES; ADDENDA (Continued):
A. The Buyer shall have twelve (12) business days following the approval
of this contract by the City Commission as set forth in ~ below within
which to conduct any and all feasibility studies and determinations relative to
the suitability for the acquisition of the subject property by the Buyer and the
Buyer reserves the express right to terminate this Contract at any time during
said period for any reason or no reason, in Buyer's sole discretion, whereupon
Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer
shall be granted reasonable access to the premises to conduct such feasibility
studies and determinations, including environmental assays, core drilling,
surveys, soil sampling and other such testing.
B. This Contract is expressly contingent and conditioned upon the
approval of the same by the City Commission of the City of Delray Beach within
fifteen (15) business days from the date the Seller signs this Contract, and this
Contract shall expressly not be deemed an "offer" by the Buyer for any purpose
unlpss and until the said City Commission shall have approved and accepted said
Cont.ract in open session. If this Contract is not approved by the City
Commission of the City of Delray Beach within fifteen (15) business days from the
date the Seller signs this Contract, then this Contract will be null and void and
of no further force or effect.
C. This purchase is in lieu of eminent domain. The parties believe that
this transaction is exempt from documentary stamp tax pursuant to Fla. Admin.
Code Ann. r. 12B~4.013, however in the event the obligation for documentary stamp
tax is determined and assessed, the Seller agrees to be responsible for the same
and to indemnify, save, and hold the Buyer harmless for such taxes.
D. Early Closing: Notwithstanding the provisions set forth in Section V
of the Contract, Sellers elect to close fifteen (15) business days following the
date of delivery to the Buyer of the executed Contract and a copy of all mortgage
account information relative to any mortgages Seller may have on the subject
property.
Seller hereby acknowledges that they have delivered the executed Contract for
Sale and Purchase and provided the mortgage payment information on this __ day
of , 2002.
I here: '~-/------~' t~s~arly .. option, please initialI
E. Purchase Price Adjustment: The Buyer hereby agrees that in the event
it shall have entered into any voluntary contract outside of eminent domain for
the purchase of another property within the Breezy Ridge Estates subdivision
prior to the closing of this purchase and sale and such other contract would
provide a purchase price as defined in Article II. of the Contract for Sale and
Purchase which is greater than thirty percent (30%) above the appraised value of
such other property according to a bonafide appraisal acceptable to the Buyer
(the "Other Contract"), the Buyer shall increase the purchase price for the
property which is the subject of this Contract to reflect the same percentage
variance above appraised value agreed to be paid in such Other Contract.
F. Property Excluded: The following appliances, improvements, and
fixtures located in or on the subject property are hereby excluded from the sale
and will be removed when we vacate the premises:
(List): v~-~ ~ ,~ -4~)
G. Post-Closing Occupancy: The undersigned Sellers hereby elect to
continue to occupy the property after closing as a Tenant under a lease agreement
with the Buyer to be signed at closing in form substantially as attached hereto,
which lease will provide for the _'ight to occupy the premises until November 1,
2002, at no rent. Further, provided that in the event the undersigned Seller has
entered into a lease with the School Board of Palm Beach County on or prior to
November 1, 2002, which lease is acceptable to the School Board of Palm Beach
County and provides for the Seller's right to continue to occupy the premises
after the conveyance of the property by the Buyer to the School Board of Palm
Beach County, the Seller shall have the right to continue occupancy after
November 1, 2002 under the lease with the Buyer until the earlier of: December 1,
2002; or the conveyance of the subject property by the Buyer to the School Board
of Palm Beach Countyo ~t_ ~_., u~.n~
to ele t s post c1 sing occ option, please
If you wish :/~,..~s:
initial here: ~ · -
H. Relocation Benefit: The Buyer hereby acknowledges that if the
subject property is occupied as of the date of closing, the occupant will receive
a relocation benefit in the amount of One Thousand Five Hundred Dollars
($1,500.00), to be paid by the Buyer to the occupant upon the occupant vacating
the subject property.
BUYER'S INITIALS:
SELLERS' I S:
STANDARDS POR REAL ESTATE TRANSACTIONS
A. EVIDENCE OF TITLE: (1)An abstract of till, prepared or brought current by a reputable and existing abstract firm (If not
existing then certified as correct by an existing f~rm) purporting to be an accurate synopsis of the instruments affecting title
to Real Property recorded in the public records of the county wherein Real Property Is located, through Effective Date It shall
commence with the earliest public records, or such later date as may be customary in the county. Upon closing of this Contract, the
abstract shall become the property of Buyer, subject to the right of retention thereof by first mortgagee until fully paid. (2)
A =I~1~ lnAuramcm cnmmltmmm~ issued by a Florida licensed title insurer agreeing to Issue to Buyer, upon recording of the deed to
Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to Real Property, subject
only to liens, encumbrances, exceptions or qualification provided In this Contract and those which shall be d~scharged by Seller
at or before closing Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set
forth in Contract Marketable title shall be determined acc~rdlng to applicable Title Standards adopted by authority of The Florida
Bar and in accordance with law Buyer shall have 30 days, if abstract, or 5 days, if title commitment, from date of receiving
evidence of title to examine it If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing
specifying defect(s} If the defect(s) render title unmarketable, Seller will have 30 days from receipt of notice to remove the
defect{s), falling which Buyer shall, within five (5) days after expiration of the thirty (30) day period, deliver written notice
to Seller either: (1) extending the time for a reasonable period not to exceed 120 days within which Seller shall use diligent effort
to remove the defects, or (2)requesting a refund of deposit(s) paid which shall Immediately be returned to Buyer. If Buyer falls
to so notify Seller, Buyer shall be deemed to have accepted the title as it then is. Seller shall, if title is found unmarketable,
use diligent effort to correct defect(s) in title wit _n the time provided therefor If Seller is unable to timely correct the
defects, Buyer shall either waive the defects, or receive a refund of deposit(s), thereby releasing Buyer and Seller from all further
obligation under this Contract.
B. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title, may have Real Property surveyed and
certified by a registered Florida surveyor. If the survey discloses encroachments on the Real Property or that improvements located
thereon encroach on setback lines, easements, lands of others, or violate any restrictions, Contract covenants or applicable
governmental regulation, the same shall constitute a title defect.
C. INGRESS AND EGRESS: Seller warrants and represents that there is Ingress and egress to the Real Property sufficient for the
intended use aa described in Paragraph VI. hereof, title to which is in accordance with Standard A.
D. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for
herein, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that there have been
no improvements or repairs to Property for 90 days immediately preceding date of closing If Property has been improved, or repaired
within that time, Seller shall deliver releases or waivers of mechanics' llens executed by all general contractors, subcontractors,
suppliers, and materlalmen in addition to Seller's lien affidavit setting forth the names of all such general contractors,
subcontractors, suppliers and materlalmen and further affirming that all charges for improvements or repairs which could serve as
a basis for a mechanic's lien or a claim for damages have been paid or will be paid at closing of this Contract.
E. PLACE OF CLOSING: Closing shall be held in the county where Real Property is located, at the office of the attorney of the
Buyer.
F. TIM~: In computing time periods of less than slx (6) days, Saturdays, Sundays and state or national legal holidays shall be
excluded. A~y time periods provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m of
the next business day. Time is of the essence in this Contract.
G. DOCUMENTS FOR CLOSING: Buyer shall furnish deed, owner's possession affidavit, corrective instruments, and closing statement.
H. EXPENSES: Recording of corrective instruments shall be paid by Seller, recording of deed shall be paid by Buyer. Unless
otherwise provided by law or rider to this Contract, charges for the following related title services, namely title or abstract
charge, t~tle examination, and settlement and closing fee, shall be paid by the party responsible for furnishIng the title evidence
in accordance with Pa~aqraph IV.
I. SPECIAL ASSESSM~2~ LIENS: Certified, confirmed and ratified special assessment liens as of date of closing (not as of Effective
Date) are to be paid by Seller Pending liens as of date of closing shall be assumed by Buyer If the Improvement has been
substantially completed as of Effective Date, any pending lien shall be considered as certlfled, confirmed or ratified and Seller
shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body
J. RISK OF LOSS: If the Property is damaged by fire or other casualty before closing and cos~ Of restoration does not exceed 3%
of the assessed valuation of the Property so damaged, cost of restoration shall be an obligation of the Seller and closing shall
proceed pursuant to the terms of Contract w~th restoration costs escrowed at closing If the cost of restora~lon exceeds 3% of the
assessed valuation of the improvements so damaged, Buyer shall have the optlon of either taking Property as ~s, together with either
the 3% or any insurance proceeds payable by virtue of such loss or damage, or of cancellng Contract and recelvlng return of
deposit(s).
K. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If an abstract of title has been
furnished, evidence of title shall be continued at Buyer's expense to show title In Buyer, without any encumbrances or change which
would render Seller's title unmarketable from the date of the last evidence All closing proceeds shall be held in escrow by Seller's
attorney or other mutually acceptable escrow agenu for a perlod of not more than 5 days after closing dare If Seller's title is
rendered unmarketable, through no fault of Buyer, Buyer shall, w~th~n the 5 day per~od, notify Seller in writing of the defect and
Seller shall have 30 days from date of receipt of such notIfication to cure the defect. If Seller falls to timely cure the defect,
all d~poslt(s) shall, upon written demand by Buyer and.within 5, days after demand, be returned to Buyer and s~multaneously with s~ch
repayment, Buyer shall return Personalty and vacate Real Property and reconvey the Property to Seller by special warranty deed and
bill of sale If Buyer fails to make timely demand for refund, Buyer shall take title as is, waiving all rights against Seller as
to any intervening defect except as may be available to Buyer by virtue of warranties Contained in the deed or bill of sale. If a
portion of the purchase price zs to be derived from institutional f~nanc~ng or refinancing, requirements of the lending institution
as to place, time of day and procedures for closing, and for disbursement of mortgage proceeds shall control over contrary provision
in this Contract Seller shall have the right to require from the lending institution a written commitment that it will not withhold
dlsbursement of mortgage proceeds as a result of any title defect attributable to Buyer-mortgagor The ~scrow and closing procedure
required by this Standard may be waived ~f title agent ~nsures adverse matters pursuant to Section 6~7 7841, F S , as amended
L. ESCROW: Any escrow agent ("Aaen~") receiving funds or equivalent is authorized and agrees by ~cceptance of them to deposit
them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of Contract.
Failure of clearance of funds shall not excuse Buyer's performance. If ~n doubt as to Agent's duties or l~abllltles under the
provisions of Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the part~es hereto
agree to its disbursement, or unt~t a Judgment of a court of competent ~urlsd~ct~on shall determine the rights of the parties or
Agent may deposit with the clerk of the circuit court hav~ng Jurisdiction of the dispute Upon notifying all parties concerned of
such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items prev/ousty
delivered ouc of escrow If a licensed real estate broker, Agent w~ll comply w~th provlslons of Chapter 475, F S., as amended Any
suit between Buyer and Seller where Agent Ks made a party because of acting as Agent hereunder, or in any su~t wherein Agent
lnterpleads the subject matter of the escrow, Agent snal! recover reasonable attorneys' fees and costs lncurred with these amounts
to be paid from and out of the escrowed funds or equlval tt and charged and awarded as court costs in favor of the prevalllng party
The Agent shall not be l~able to any party or person for m~sdellvery to Buyer or Seller of items subject to this escrow, unless such
mlsdelivery is due to willful breach of Contract or gross negligence of Agent
M. ATTORNEY FEES; COSTS: In any litigation, Including breach, enforcement or Interpretation, arising out of th~s Contract, the
prevailing party in such l~tlgat~on which, for the purposes of th~s Standard, shall ~nclude Seller, Buyer, and any brokers acting
in agency or nonagency relationships authorized by Chapter 475, F S , as amended, shall be ent~led to recover from the non-
prevailing party reasonable attorney's fees, costs, and expenses.
N. FAILURE ~OF PERFOP~4ANCE: If Buyer falls to perform this Contract within the time specified (including payment of all
deposit{s)), t~e deposit(s) paid by Buyer and deposit(s) agreed to be pald, may be recovered and retained by or for the account of
Seller as agreed upon l~quldated damages, consideration for the execution of this Contract and in full settlement of any claims;
whereupon, Buyer and Seller shall be relieved of all obligations under Contract, or Seller, at Seller's option, may proceed in equity
to enforce Seller's r~ghts under this Contract. If, for any reason other than failure of Seller to make Seller's title marketable
after diligent effort, Seller fa~ls, neglects or refuses to perform this Contract, the Buyer may seek spec~fmc performance or elect
to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach.
O. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice of it shall be recorded ~n any public
records. This Contract shall b~nd and ~nure to the benefit of the parties and thelr successors ~n Interest Whenever the context
permits, s~ngular shall include plural and one gender shall include all Notice given by or to the attorney for any party shall be
as effective as if given by or to that party
P. CONVEYANCE: Seller shall convey title to Real Property by warranty deed, subject only to matters contained in paragraph VI.
and those otherwise accepted by Buyer. Personal Property shall, at request of Buyer, be transferred by an absolute bill of sale with
warranty of title, subject only to such matters as may be otherwise provided for here~n.
Q. OTHER AGP. E~4ENTS: NO prior or present agreements or representations shall be binding upon Buyer or Seller unless ~ncluded ~n
th~s Contract. No modification or change ~n th~s Contract shall be valid or binding upon the parties unless ~n writing and executed
by the party or parties intended to be bound by 1~
R. WARRANTIES: Seller warrants that there are no facts known to Seller mater~ally affecting the value of the Property which are
not readily observable by Buyer or which have not been disclosed to Buyer.
LEASE
THIS LEASE, is made by and between CITY OF DELRAY BEACH/ hereinafter
called "Landlord," whose address is 100 N.W. First Avenue, Delray Beach,
Florida 33444, and -
, hereinafter called "Tenant."
W I T N E S S E T H:
In consideration of the faithful performance of all covenants,
agreements and conditions herein contained, on the part of the Tenant to
be kept, done and performed, the said Landlord does hereby lease to the
Lessee the following described property:
Single family residence located at
, Delray Beach, Florida.
its "as is" condition.
Said property to be in
TO HAVE AND TO HOLD the same until November 1, 2002, at no rent.
Further, provided that in the event the Tenant has entered into a lease
with the School Board of Palm Beach County on or prior to November 1,
2002~ which lease is acceptable to the School Board of Palm Beach County
and provides for the Tenant's right to continue to occupy the premises
after the conveyance of the property by the Landlord to the School Board
of Palm Beach County, the Tenant shall have the right to continue
occupancy after November 1, 2002, under the Lease with the Landlord until
the earlier of: December 1, 2002, or the conveyance of the subject
property by the Landlord to the School Board of Palm Beach County.
NOTICE TO TENANT (Pursuant to Chapter 83, F.S.)
A. Landlord designates SUSAN RUBY, ESQ., of the City Attorneys'
Office, 200 N.W. First Avenue, Delray Beach, FL 33444, as the person
authorized on its behalf to receive all notices and demands of Tenant.
THE TENANT FURTHER COVENANTS AND AGREES AS FOLLOWS:
1. Not to use or permit to be used the premises for any illegal,
immoral or improper purposes.
2. Not to make or permit any noise, disturbance or annoyance
whatsoever detrimental to the premises or to the comfort and peace of
neighboring residents.
3. The parties agree that the premises, including lawn and
plantings, and pool (if applicable), shall be continuously maintained in
good condition by the Tenant, including but not limited to air
conditioning and heat, appliances and/or appliance service contract,
interior pest extermination (if desired), lawn & plantings, lawn pest
control, building exterior, building interior, pool and equipment/pool
service, and that the obligation and cost of maintenance shall be borne
by the Tenant.
4. Ail charges for utilities services during the term of this
Lease, including but not limted to electric, telephone, gas/fuel, sewer,
water, and refuse collection, shall be payable by the Tenant.
5. The Tenant assume full and complete risk of loss ~nd injury to
themselves and others which may result from the occupancy of the subject
premises pursuant to this Lease and in consideration of such t~nancy, the
Tenant agrees to indemnify, save, and hold the Landlord harmless from any
and all liability, costs, claims, expenses, or damages of whatsoever
nature including defense costs, attorneys' fees, and administrative
costs.
6. Tenant shall deliver up possession of the premises at the end
of the term in as good condition as they now are, ordinary wear and tear
excepted; Tenant acknowledges prior inspection of the premises and finds
same to be in good condition except as hereinafter noted.
7. Tenant agrees that Landlord shall have the right, upon
reasonable notice, to inspect the premises and to show the premises to
prospective Tenants or Purchasers.
8. Tenant agrees to pay the cost of repairing any and all damage
to the premises occasioned by Tenant or any other party durin~ the term
of this Lease, including the cost of removing foreign substances from
toilets and sinks.
9. Tenant covenants and agrees that the premises shall not at any
time be occupied by more than one family or persons without
written approval of the Landlord.
10. DEFAULT: Tenant's default in the performance of the covenants
and conditions hereunder shall immediately constitute Tenant as a tenant
at sufferance and, in such event, Tenant waives all right of notice to
vacate said premises, and the Landlord shall be entitled to re-enter and
retake possession of the premises immediately and without liability for
such action.
11. Tenant agrees to pay all court costs and reasonable attorney's
fees which may be paid or incurred by Landlord or Landlord's a~ent
enforcing the covenants, conditions, agreements and obligations of this
Lease in the event of Tenant's default hereunder.
12. This Lease contains the entire agreement of the parties and
supersedes any and all prior agreements between them. This Lease shall
be binding upon the benefit of the parties, their Personal
Representatives, successors and assigns.
13. Tenant shall not assign the Lease, or sublet the premises or
any part thereof, or permit the premises or any part thereof to be used
or occupied by anyone other than Tenant or members of Tenant's immediate
family, without the prior written consent of Landlord.
14. Tenant is hereby prohibited from making any improvements to the
subject real property other than pursuant to its repair and maintenance
and obligations as described herein and in the event a Claim of Lien
shall be recorded against the subject property as a result of any of
Tenant's actions and such Lien shall not be discharged of 'record within
ten (10) days thereafter, the Tenant shall be deemed to be in default
pursuant to the terms of this Lease.
IN WITNESS WHEREOF, the parties hereto have executed this Lease the
day and year first above written.
BY SIGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON SURRENDER
OR ABANDONMENT, AS DEFINED BY THE FLORIDA STATUTES, THE LANDLORD SHALL
NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S
PERSONAL PROPERTY.
WITNESSES:
LANDLORD:
As to Landlord (2 required)
CITY OF DELRAY BEACH
By:
Printed Name:
Title:
As to Tenant (2 required)
I:ITY OF DELRI:IY BEI:II:H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Wrfter's Direct Line 561/243-7091
1993 DATE: May 15, 2002
MEMORANDUM
TO:
FROM:
City Commission ~
Brian Shutt, Assistant City Attorney
SUBJECT: Settlement offer in Pratt v. City
This case arises out of an auto accident that occurred on March 13, 2000. A City
police car was stopped behind the Plaintiff at a red light and the officer who was
driving the car was momentarily distracted and accidentally rear-ended the
Plaintiff.
The Plaintiff has alleged injuries to his back as a result of this accident and has
had surgery performed on his back. The Plaintiffs previously proposed an offer of
judgment in the amount of $79,999.00. That offer, upon our recommendation, was
denied by the Commission.
The Plaintiff, at mediation, has now offered to settle this claim for $53,000.00
inclusive of attorney's fees and costs. At this time, the City Attorney's Office
recommends acceptance of this offer subject to the receipt of appropriate
releases.
By copy of this memo to David Harden, please place this item on the May 21,
2002 City Commission agenda. If you should have any questions, do not hesitate
to contact me.
CC:
David Harden, City Manager
Barbara Garito, City Clerk
Cathy Kozol, Police Legal Advisor
clF
MEMORANDUM
TO:.
FROM:
SUBJECT:
MAYOR AND CITY GOMMISSIONER$
CITY MANAGER ~
AGENDAITEM qe~.'- REGULAR MEETING OFMAY 2~,2002
von, COD SOa D
DATE: MAY 17, 2002
Robe/t Desjean, a regular member serving as a Layperson position has resigned from the Code Enforcement
Board effective April 24, 2002. This creates a vacancy for a regular member to fill an unexpired term ending
January 14, 2003.
All members of the Code Enforcemem Board must be residents of the City. Appointments to both reg,hr
and akemate member positions shall be on the basis of experience or interest in the fields of zoning and
building control. The reg, lar and alternate membership of the Board shall, whenever possible, include an
architect, a business person, an engineer, a general contractor, a subcontractor and a realtor. At this time the
Board has no regular member as engineer.
Mr. Russell Jennings and Mr. Andrew Youngross are currendy alternate members and would like to be
considered for the regular member position. The following have submitted applications and would like to be
considered:
Joe Federman
Poassell Jennings
Willie Potts, Jr.
Stanley Watsk'T
Andrew Youngross
Retired
A/C Contractor
Lawn maintenance
Real Estate
Engineer
(also applying for Police/Fire Board of Trustees)
A check for code viohtions md/or municipal liens was conducted. None were found. Voter registration
verification was completed and all are registered with the exception of Willie Ports.
Based on the rotation system, the appointment will be made by Mayor Schrnidt (Seat # 5).
Recommend appointment of one (1) regular member to fulfill an unexpired term ending January 14, 2003.
boardcommlssion n~mo.code board 05/21/02
Mr. and Mrs. Robert Desjean
910 Banyan Drive
Delray Beach, FL 33483
272-2226
Ap~i 24, 2002
l~s. Norma Smith
City of Delray Beach
Code ]~nforcement Coordinator
100 NWIa Avenue
Delray Beach, FL 33444
Re: Resignation fi~m Code Enforcement Board
Dear 1~. Norma:
As we have spoken in the past, I. hsve sold my residence at 910 Banyan Drive, Delray
Beach on March 28, 2002 and closed on my new residence at 3740 NE 25m Avenue,
Lighthouse Point, FL on April 23, 2002.
Wi~h that said, I must tender my resignation from the Code Enforcement Board effective
immediately. I also wanted to thank you for allowing me to serve the City of Delray
Beach and its residents. The experience w~ both rewarding and informative.
I will be maintaining my office of 19 years here in Delray Beach. If I ~an be of any
assistance ~o you in a non-resident capacity please do not hesitate to call on me.
RECEIVED
API~ $ 0 2002
CITY CLERK
TDTRL P. 0!
BOARD MEMBER &PPLI¢&TIOIq
1993
Please type or print the following infonnalion-.
3. Legal Residmce: City Stye Zip Code
4. Principal Business Address: C_~ St,4te Zip Code
$. Home Phone: Business Phone: Cell Phone: E-Mail Address: Fax:
7 WhzBo=d(s are ' in ' · ,t~ ,
8. ~ ~11 .City Boards o which you .~,'e_. ,ct~f..tl~z,~ ~ or ha! e vreviou~ served: (Please indudLe__d~tes) _.
19. ~ ~ ~ p~fes~o~ ~~om ~d ~es y~ y~ ho~ W~ ~W~~
. ~ve y~ p~r mo~ ~t ~1~=, ~d ~?~ __ ~ _ ~ ._ _ . - ~ '
12. D~ ~=~, ~ or ~*e ~a ~ ~ ~ ~j on ~ ~~ ~. brief ~}
Not~ This application will remain on file in the City Clerk's Office for a period of 2 years from the chte it was
submittec[ h w~l be the applicant's respon.sibility to emure that n cu.,rent application is on ~ile.
2:4 2oo
CITY' CLERK
~ -~, 2,'-"2 ~:24 AN FROH: F~x TO: 243-3774 ~AGE: 003 OF O0B
since ~ulY or' ~ 9.96, and have-served in thc' ~ollowing capa=itics:
In Ne~,' York I spent ~ree (3) years on the Citizens Advisory..
C~),~mitte~ to a New York State Assernbbxaan.
In Florida, ! served as Chairman oran Ad hoc Committee for
Condominium takeover from thc Developer in Fort Laudcrdalc.
I was active in thc Legal, Budge, Fimu~ce and Advisor),
Cammiltee to update the Condominium Docmnents and By-Laws.
Served two (2) consecutive forms on ~hc Board of Directors and
as President o£ a 316 unit Condominium,
Now serving my fi~h (5th) year on the Pines Board of
Administration, Finance Committee and served my second (2nd)
,year as Vice. President of the Association,
Committee chairman who revised and updated thc Pines West
I)ocumcnts and By-Laws for thc Association in 2001,
I am on the Dclray Beach Mayor's Advisory Coat,il C?ommittec.
Attend semi-monthly City Commission Meetings and lh¢ Dclray
Beach Forum for Visions 2010 Assembly conducted by Florida
Atlantic UnivcrsiW. A graduate &the first Delray B~aeh Residents
Academy and Ihen gradua~d Ii'om Citi~,ns Police Academy Class.
I was involved in two (2) building progrmm as Purohasing
Director thcac were aa follows:
l-South Nassau Community Hospital located in Long Island, N.Y.
Involved in a $30 mi]lion dollar building and expansion program.
~ ~ 2;,,',2 ~:24 AM F~O~: F~ TO: 243-3774 ~AGE: r, 02 OF ~,;,3
2- The second hospital was Miami ltcar: Institute located in Miarn~
Bcal;lt, Florida. A $6t( miilinn dollar building and cxpansiot~
program was started in the c-~trty 1980's.
Both programs involved building co6e enforcement in accordance
with local City, State and Federal tribulations.
t
i
-:~:IECr:'VED
.... 3A. ~'O'no2
"lorry CLERK
DELRAY BEACH
( qllF® BOARD MEMBER APPLICATION
1993
Please type or print the following information:
1. Last Name:: Name Middle Initial
?ot,te, Jr.
2. Home Address: City State Zip Code
634 A~$1er Drive Delta7 Beach ~ 33445
:~. Legal Residence City State Zip Code
4. Principal B~iness Ad.ess: Ci~ State Zip Code
5. Home Phone: 274-9087 Business Phone~7~_9087 I F~:
6. What Board(s) are you interested in.se~i~g?
7. List all Cib' Boards °n which you a~cu~ently se~ing o~have previ~sT~Ee~ed: (Please in~lEde dates)
8. E~ucational qualifications:
9. List a~ ~clal~ ~of~ssional c~ifications a~ licenses which ~ou ~ld: -.
I
10. Give your presenl, or mos~ ~cenl employer, ~d posRion:
Ports La~ ~intenance
! I. ~escribe experiences, skills or knowledge 'which quali~ you to se~e on this board: (Ple~e a~ch a brief resume)
I hereby ce~i~ that all the above statements are true, and I agree and unde~tand,~hat any
misstatement of material facts contained in this application may ~use fo~eiture upon my pa~
of an~/pppointm~Qt I may receive. R ECE IVED
~~ ~U~' JAN0' 2001 /',/'~ ~
SIGNA~ DA~
OITY CLERK
Note: This application will remain on file in the City Clerk's Office for a period of 2 years frOm the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
$~C ITYCLERK ~J~ 0 ARD~I~PLI CATION
]., ol..oo MI 13:05 }'.~X $61.Z4~ 3714 ¢ITl' cliP, Ii
~ CITY OF DELRAY BEACH
,o~,. MEMBER APPLICATION
?i~asc 9:t'e or print IRe. fo.!!o.~.?ns information:
,
.t. Principal Bu4incss Addr¢.~: .... Cib' ' --- ] Sm~¢ ~ Zip Code
~ ...... ~~~ ~_~. ~ ~...~-~ ................
~ Educational qua ~l,~at~ns:
. ,,~. ~~.. ....
Oive ','o~ pre~nt, or most recent
,.rmsstatemenr of material facts contained/n this application
! ofanv appo/nrll~ent I may r~eive.:--1ECEI,VED .
;s ~ ~ CiTY CLERK
certify that all ~]~e aJ~'o~ statements are t~ue, and [ agree and understand [/tat any
ma), c.~use forfe;ture upon my
5~.~Y,mh~ed It ~11 ~c the applicm~t's ~espo~ibihD' to e~ That a c~u[ aI)phcadon is on file.
O~ 03: 3Sp Youni:ro.s-C~rclen~lLRsso=
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
I~l U U g
?lrue t/p, or [,zinc d~c followinFi iz)fom~tioh:
Sure Zip Code
4. P~p~ S~es~ Ad.ss: ~ Sure ~ C~c
S. ~ome ~bone: Busings Pboue: E~M~ Ad.ess: Ce~ Phone: Pax:
G. A:e you a roistered vo~¢ ~&~ If so, ~'here ~rc you ~¢sr~ed~'
~j '" is': ............
F~u~on~l ~fica~o
10. ~st any zclated ptof~sio~l ~ca~o~ ~d hcc~es ~ch you hold: '
l 1. G~'e ynur ~r~PC Ot mO~t recent cmploy~, and
This apphc.xlion ~ xelr~m On file m da~: City Clc~k', Of&ce foz, perked of 2 yesn fr~m the date it was
submitted, h wdJ b~ r~e applicant's tesponsibi~q' [o ensure that a current appbcatio~ is on f-de.
RECEIVED
JAi 2'5 2002
CITY'CLERK
MEMORANDUM
TO:.
FROlV~
SUBJECT:
MAYOR AND CITY ODMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~_ ~ REGULAR MEETING OF MAY 21, 2002
APPOIN'IMENT TO THE HISTORIC PRESERVATION BOARD
DATE: MAY 17, 2002
Michael Simon resigned from the Historic Preservation Board effective April 29, 2002 due
to his acceptance of a position with the City of Delray Beach. This creates a vacancy for an
unexpired term ending August 31, 2003.
To qualify for appointment, a person shall be a resident of, own property, own a business
or be an officer, director or manager of a business located within the City. In addition, and
providing there are applicants, the City Commission shall appoint professional members
from the fields of architecture, landscape architecture, history, architectural history, licensed
contractor familiar with restoration, planning, archaeology, or other historic preservation
related fields such as design, urban planning, American studies, American cMlization or
cultural geography. Laypersons of knowledge, experience and judgment that have an
interest in historic preservation shall compose the balance of the Board. Preference should
be given to professional and hy persons who own property within historic districts or
whose property is individuallylisted in the Local Register of I-fistoric Phces.
A list of applicants is attached for review. A check to confirm that all are registered voters
was completed. Also, a check for code viohtions and/or municipal liens was conducted.
None were found.
Based on the rotation system, the appointment will be made by Commissioner Archer (Seat
#2).
Recommend appointmem of one (1) member to the Historic Preservation Board to fill an
unexpired term ending August 31, 2003.
Applicants to the Historic Preservation Board
The following individuals have submitted applications for consideration:
John Bennett
William Branning
Sarah Brown
Joe Farkas
Philip Friedman
Leslie Horenburger
Richard Jones
TerryLessard
Ralph Morse
Jeffrey Silberstein
Jillian Woehlkens
(Architect)
(Architect)
(Architect)
(Currently serving on Board of Adjustment)
FP,, 01.1 :
'E, II.lOII
: 561 -':'769752
29 ~ ~ P2
=_O~ 08:44A1'1
April 29, 2002
Karen Schell
('ir3, Clerk's Office
City of Delray Beach
100 NW 1~ Avenue
Delray Beach, FL 33444
RE. Historic Preservation Board
Dear Ms. Schell.
As discussed in our telephone conversation, I have recently accepted a position of emplo>maent
with the City of Delra¥ Beach's Parks and Recreation Department. As a result of my being
employed by the City, I am untbrtunately ineligible to seD'e on the Historic Preservation Board
due to the city's regulations I am therefore regretfully resigtfing from the Historic Preservanon
Board effective immediately.
T have thoroughly enjoyed my experience on the board and feel that I was a significantly
comributing member while serving h is nay sincere desire to serve the City again if' nay
emplo.mnent ch-cumstances change in the future
Sincerely,
Michael Simon
Cc- Wendy Shay, Historic Preservation Planner, City of Delray Beach
RECEIVED
APR 2 9 200Z
CITY CLERK
BOARD MEMBER APPLICATION
Please type or print the following information:
1. ~,&st Name:: Name Middle Initial
2. Home Address:~J~-'t- State Zip Code
3. Leg~ Residence CiW State Zip Code
4. P~cip~ Bm~ess Ad&ess: Ciw Sm~ Zip Code
5. Home Phone: ~ q - ~ OO Bm~ess Phone: M/~ I F~:
6. ~at Bo~d(s) ~e you inmrested in ~ing?
7. List all Ci~ Boards on which you ~e cu~ently se~ing or have p~viously s~: (Pl~e include dates)
8. ~ucntional qualifications:
i -/
9. List ~y related professional ce~ificafions nnd li~n~s which you hold:
] 0. Give ~ur~ ~ost ~ent employer, ~d ~sition:
11. ~scribe experiences, skills or ~owledge which q~li~ you to se~e on ~is bo~d: (Pice a~ch a brief resume)
I hereby ce~i~ that all the ~bove statements are t~e, and I agree ~n~ unde~tand that
misstatement oi material ia~s containe~ in this appli~tion may ~use to~eiture upon mg
appointment I may receive.
CITY CLERK
Note:
This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
~crr~cL~O~LlCATION
EMPLOYMENT:
JOgN C. W.
137 SEABREEZE AVEN
DEl,RAY BEACH, FL 33483-7017
1995-present, retired naval officer (Judge Advocate)
1974-1995, naval officer with a variety of assignments, including 6 years
in the Pentagon (3 as a Policy Planner) and service on several
higher level headquarters staffs
1973-1974, law clerk to the Honorable Paul H. Roney, then of the U.S.
Court of Appeals for the Fifth (now Eleventh) Circuit in St.
Petersburg, FL
EDUCATION:
LLM., Law & Marine Affairs: University of Washington 1981
J.D.: Georgetown University Law Center (Editor, Law Journal), 1973
B.A. Economics (with High Honors): Swarthmore College, 1970
COMMUNITY ACTIVITIES:
Current:
President and Director of Progressive Residents of Delray
Vice President, Government Relations and Trustee, Beach Property
Owners' Association
Member, School Advisory Committee, Atlantic Community High School
Member and Volunteer, Atlantic C.H.$. Band Boosters Organization (Pit
£rew, Chaperone, & Winter Guard Support)
Past:
Member, Delray Beach Visions 2010 Steering Committee (& Fundralslng
Subcommittee)
Member, Delray Beach Tennis Facilities Task Team
Member, School Advisory Committee, Roosevelt Community Middle
School (1996-1999)
PROFESSIONAL AFFILIATIONS
District of Columbia Bar (Inactive)
American Bar Association
American Society of IntemaUonal Law
U. S. Naval InsUtute
To ~ Board I would bring my ingrained sense of fairness an respect for
appropriate process. I have both academic and practical experience in policy
analysis and formulation, as well as extensive experience in applying rules and
regulations to specific circumstances. ! bring education tn economics and law,
as well as broad-based general knowledge, to the table, but have no clients
whose patronage m!ght require me to recuse myself from Board actions. As I
have no active practice or other business, I do not have to worry about the
Impacts that the time demands of Board service could have on my livelihood.
I understand the different responsibilities of advocates and adjudicators. On
several occasions in my naval career I decided cases producing outcomes
different from what I personally would have preferred, because that was what
the adjudicatory criteria required. My prior participation in various City
efforts (including the Tennis Facilities task Force, Visions 2010, and the City
Charter review process amply demonstrate my capacity for hard work and my
willingness to undertake it.
With regard to the Planntn~ and 7.onin~ Board, I have attended many meetings,-
usually gavel to gavel (In 2001, I missed one.). I have spoken for and against
individual development proposals and have commented on proposed plans
and ordinances. In the course of researching my stands, I have acquired
significant familiarity with many aspects of the City's Land Development
Regulations (LDRs). On at least four occasions, my suggestions for
Improvement on proposed plans or LDR amendments have been adopted by
the Planning and Zoning Board either in principle or in haec verbae.
With regard to the Historic Preservation Board, I have also attended numerous
meetings from start to finish and have also addressed the Board on various
proposals. As the result of preparing for speaking, I have delved into the
sections of the LDRs of concern to the Historic Preservation Board. In my
capacity as President of PROD I was involved in the meetings concerning the
loss of contributing structures in the West Settlers Historic District. My
personal interest in local historic preservation is documented by
approximately 50 pages of original research into qualifying structures in the
beach area, which was provided to the City contractor undertaking a survey of
the City's historic (but undesignated) buildings.
Based on the foregoing, I feel that I would be able to hit the ground running,
should I be appointed to either Board.
BSA Corpora't'ion ~6'~ 2'72 7440.--- .,,,-...-... P.02
Atl-e,.m, er mr.I C:R'y
. BOARD MEMBER APPLICATION
~.00!
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~c,~ ~'Js appb~uon ~'~ a~ ~ ~ ~ the 0~' ~ O~c fus ~ ~ of 2 ~. flora ~e date mt
· ' ~. CITY OF DELRAY BEACH
( BOARD MEMBER APPLIGATION
~993
List azy related profess~ml ce~fica~oz)s and ~su w~ you bold.
~ ~_ ~ ~ ~~ ~-=~ .............
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. ~n~ ~ ~ I~~ may ~usc ~f~m ~ ~' part of ~y ~~ ~ may ~ve. ,
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aa~ed. ~t ~ be ~c a~t's ~s~t~ to em~e ~$t a cmmt a~p~fion it ~ ~e.
RECEIVED
IlAR - R 2002
Sarah ]~rown
;218 N'W 9~ St.,
Delray Beach, FL 33~
(561) 265-1148
Describe experiences, skills, or knowledge which qualify you to seFve on this [Historic
l'reservation! board:
I am a young profcssioaal leader m~! Delray community member dedica~i ~o Histor/c
Preservation. Delray's rich culture and history are vital to the prudent growth of our community.
As a professional roscarchcr and graduate ofHistoric Studi~s from thc University of Colorado au
Boulder, I have a sincere respect and appreciation for the valuable role history and heritage play
in our commmtity and am committed to planning for the future while preserving our past.
JH. 2001-
July. 2001
Sept. 1993-
May 1~?
Florida Atlantic Umiversity, Bo~a Rat~ Flc~ids
Ccz~ple~! Statistic, Macrozconomic$, md American {3ov~m~t ~ours~s
Univerdty of Color~do-Boulder, Bould~, C~
Bachelor of Ar~ U~imd Stat~ Hi~to~-Cold Wm Atomic Diplomacy
EMPLOYMENT
July 2001-
Present
Jan. 1999-
Sept. 2001
Jan. 1999:
Jan. 2001
Florida State Legislature, Wes~ Palm
Leg;blagve Assbmu~ ~o Home Minority
· ~ lmaiSc~cy Liaison for ~itizeas
· l~er~ l.,~gislativc i.~,~s/Bm
Ch~opher ~. Brown ~
·Wmtc ~ofic R~ App~¢~o~ ~
· Wr~ ~ofi~ ~
Hampton Sid~ Co~uwr M O~side
C
Sept. 1999-
Sept. 2000
Program Developer mud Coordinator/AmeriCorps*VISTA
Winthrop, Marne
* State of Maine Honorable Recognition for Exemplary Service
· Rai~d $10,000 through ~ m,i~s of ~
· W'mthrop Youth Council-Spizit of Ammm Award re~'ipi~t
· Respo~le for progtanmYag volumem (30 adults), and ~een pmic~pstion (100+ students).
madcefing & PR to ~ud~m~6$0). ~xnmuni~(6S00).oontributors.
· Der·loped 10 ~ffer~ oommunity youth progr,~ involvi~ youth
· Training: ~ontnic~ r~olmio~. ~ ~ sad empowetmmt. 8rant writi~
oommunity mob'dL?stion
VOLUNTEER EXPERIE~N~]~ & MANAGEMENT
Jan. 2000-
Aug. 2000
Jsn. 2001-
Aug. 2001
CoucU Member of Maine Corps Council,
AmeriCorps of Maine, Maine. USA
Corps Councils are advisory and support councils of Am~Corps m~nbers for
AmeriCorps progrmm md ~ m~mb~n in each stere
Published 6tm M~i~ AmeriCc~s memb~' newsiest
Organized md or. mw Corp Council reumu
· Orgm~l sad oversaw a rocoguition and oelebralory servioe for Maine AmetiCorps
Conch~ed storewide AmeriCorps Program Survey ~nd Ass~m~mt
Con~buted to enlancinS recruiunent, public relmions and traininS ~es for
AmcriCorps members
Palm Beach Photographic Center, belray Beach, FL
Asst. Volunteer ~nd F, ducation Coordinator
Reoflfitmcnt of over 100 Volunteers within first month
· Supervised volunteers for FotoFusion 2001;100 people
· Office Administmiou: snuimt rc~sU~ona, tours, otc.
Awards & Additional Experience
2002 Core Fdlowsbtp or Public Afl, in: First A.kemme for mfiomlly recosnized Fellow,ship Pro~m
Spr4t of Americo 2000: sward rec~iem for Wimhrop Youth CoqJncil- · teen md parent organization
dedicated to providing altenmfive w,.'tivities for troths in rural areas of Maine. Director.
PuMicatt. n Co/·end· HLnor/,m. 1997: = Fat Men and Lin~ Boys Nev~
on atomic diplonm~y and the rom wzr"
Me~nbee~hi~. Nsfional Trust for ffmori~ 1Nm~rvsfion. pn~ Beach County Youn0 D~n~n-at~. So, my
for Adolescent ~
~ Museum of iI~·ry: Intern in ~harge of~t shop. tours. ~ donatiom/~ontfibutionL 1996
Museum of Lifestyle ~nd Fmhioa HMory: blembe~ of the Bo~l Of T~ Advisory Tram-2000, 2001
EO ~E~,::I GE, C~TEIgTgS 8E :OT EOOE/ET/E'O
- DELRAY BEACH ·
1993
2001
Plense type or print the following information:
2. Home Address:
.3. Legal Residence:
4. Principal Business Address:
Ng.l~e
Stste
Stste
State
Zip Code
Zip Code
Zip Code
6. Are you n registered voter? If so, where tre you registered?
7. Wheat Board(s) axe you intexested in se~eing?. Please list in order of preference:
List all ClOt3_' Boaxds on v~fich you ~re cu~enfly serving or have previously served: (Please include chtes)
9. Educational qualifications:
10. List my related professional certifications and licenses which you hold:
11. Give yom present, or most recent employex, and position:
1~- Describe experiences, s~ili, or knowledge which qualify you to serve on this hoax& (Please attach · l~iefresume)
~andI |
I hereby certify that nil the above stntements a~e true agree smd understtnd that any misstntement of rn~teml facts
contained in this application may cause forfeiture upon my part of any appoinmaent ! may receive.
DATE
submitted. It will be the applicant's responsibility to ensure thnt a current applicati
NOV 2 9 2001
.jTy'CLERK
~67 Northwmst ~Tth A~enue
Delray Beach, Fiorfdl 3344S
(407) 499-4578
$UMMARY OF OUALFFICATION$
· Positive 'can do' attitude
· Orpnized and innovative
+ ~xcellent interpe~onal relations
· Effective written communication ~
· Adaptable and fle~n'ole
+ Ability to remeh ~ in stressful situations
WORK EXPERIENCE
AN~UST BANK, LOAX OFFICER, BOCA RATON
CALIFO~ ~E~ gAnGS & ~
U B~n~ ~~r - Pomptno h~
(1~87 ~ p~ent)
12/1/92 to present
dJSStO~plqBHH:~ 11/92
* Management respo~s~Rities include operating budget and sta~ ensuring
complete customer satislk~on while controlling expenses
· Create cu~omer awarenen by developing and implementing marketing
pro,rams and sol~citing outside business
· Branch cons~sten0y achieves aver 100~ of production goals
. Prav~de I~h customer service levels empba.~,,g problem resolution and
staff development
· lncTea~ed depodt base from $~2 mill~on to $$1 million
· P. eceived several "Branch Manager of the Month" awards
mAsslrtant Branch Manager · Boca East
(~8~ to 1~87)
· Assisted in all operational a~ens of branch management
mFloater. Brow%rd and Palm Beach Counties
(1~S$ to 1~86)
· · Involved in Miler and savings funcc/ons for branches w/thin Broward and
Palm Beach County
FIRST BANKERS - Mature, FL
mHead Teller
· Controlled daily operat/ons
· Supervised staff of $
· Conducted staff and tnining meetings
· PravJded customer service
· ~;,~;m;~ed losses
UN~RSITY O1:' TOI.~DO - Toledo, Ohio
Bachelor of Business, 1982
BOARD MEMBER APPLICATION
1993
Please type or print the {oIlowin~ in/otmadon:
2. Hor~ Address:
3. ~ Refidenc~: City { Sta~ Zip Code
4. Prindpal Business Address: City State Zip Code
S. List all City Boards on whicl~you'are cumm~ ser~ or have previously s~rYo~ please indude dates)
~. Edu~ ~lualificadomi,~
/
. /4o
11. Giv/~ your pre,sent, qr mgst recent ~l~er~.~.d posit~n:
12. Des~lJe exp~. 'mces,~,dlls or knowledge which qualifyyo~_ .tg. sety. e on. this bo .a~ (Please aTt~ a bn'ef re, mine)..
This application w/tl remain on ~ie in the C.~ty Clerk's Office roi' a period of 2 years ~rom the date it was
submittec~ It w~ be the applicant's respons~ility to ensure that a current application is on file.
RECEIVED
APR 2 3 2001
CITY CLERK
03/08/2002 10:~4 FAX 15618321622-- MI~ REALTY AERC'*
03/08/02 FRI 09:22 F.~I 561 243 3774 CITY CLERK
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
2001
1~oo2
~002
Please foll~in~ inforrr~fion:
"'8. ~S~ ~ ~' Bo~ds on which ).~ ,rc ~' s~s ~ hnve p~mb' s~ed: ~se ~ci~ ~es)
I0. ~st ~v r~ted~zofesd~g c~fica~ons and hcenses ~ch )~ h~ld: _ j x
11 Give you~ prat, oz ~st ~cent ~ploy~, nnd po ' ' : ~~
, , ,,~ I ~ '
lZ Desm~ ~fi~~s m ~ledge ~ch~u~ yea t~s~e on~ ~ ~l~se aTuch a ~e~tes~e)~
Note: This tppbcation will zemain on file tn the Cit3, Clerk's Office for n period of 2 yeats from the date it was
submitted. It will be ~e applicant's responsibility to en~e that a cu~ent application is on file.
RECEIVED
liAR - R 200l
CITY CLERK
LESUE BRUGH HORENBURGER
510 North Swinton Avenue
Delray Beach, Florida 33444
(661)278-6389
~DUCATIONALBACKGROUND
1971
Spalding University
Louisville, Kentucky
B.A. - Mathematics
Cum Laude
EMPLOYMENT HISTORY
1988 - Present
MIG Realty Advisors, Inc.
West Palm Beach, Florida
Senior Portfolio Manager
Asset Management Responeibilitles
Equity Investments - Supervised on-site management of nine
commercial properties located nationally with 500,000 sf of retail
space including two outlet malls and 100,000 sf of office space;
responsible for annual budget and business plan, preparation, review
and approval and monthly/quarterly financial performance review and
reporting. From 1989 through January 1998 responsible for asset
management for limited partner (LP) of portfolio of 11 self storage
facilities located nationally; negotiated for LP during securitization of
debt ($15.0M) to be included in $63.0M secured portfolio (1992);
responsible for review of reporting for compliance with loan
documents; negotiated and consummated $33.75M sale of 10
facilities (1996) and ultimate disposition of entire partnership portfolio
including one parcel of vacant land (1998); acted as LP's liason to
resolve distribution dispute requiring legal action and ultimate
settlement. Responsible for the sale of other assets valued at over
$28.0M.
Participating and Traditional Debt Investments - Since 1994 have
been responsible for loan compliance for over $280.0M in loans on 30
properties; negotiated loan workouts on $25.0M in debt; underwrote,
structured, negotiated terms and supervised construction draw
process for $24.22M construction/permanent loan; coordinated the
refinancing of approximately $30.0M in bond debt through the re-
issuance of new bonds to finance a 300 unit apartment complex and
currently working on a $13.0M refinancing for a 387 unit apartment
high rise; responsible for annual business plans for participating debts;
completed foreclosure of two assets.
1988- Present
(Cont'd)
portfolio Responsibilities
Responsible for preparation of quarterly and annual reporting for six
portfolios with a total of 32 investments (both residential and
commercial; currant value over 750.0M) for pension fund clients.
Designated Employee of the Month by Senior Management -
February 1995, August 1996, August 1997
1987-1988
Condovest, Inc.
Miami Beach, Florida
Senior Property Manager
Supervised management/rental of ninety-unit condominium, thirty-unit
apartment complex and 100,000 sf shopping center for FADA
contractor; prepared FADA reports.
1985-1987
Sun OP Management, Inc.
Boynton Beach, Florida
Property Manager
Managed foreclosed property for Insolvent savings and loan including
500,000 sf of retail space located In Florida and supervised
management of 92 rental units in condominium.
1984-1985
Laver's International Tennis Resort, Delray Beach, Florida
Brentwood Properties, Inc., Boca Raton, Florida
Leasing Agent
Leased apartments; seasonal and annual.
198~1984
Boca Pointe Country Club (P.M.A. Realty, Inc.)
Boca Raton, Florida
Sales Associate
1972-1984
Prior to 1984 professional experience included the management of a
50 unit luxury condominium, commercial leasing for a Boca Raton
developer (Knight Enterprises, Inc.), purchasing agent for a Denver
based construction company in Vail, Co., office manager for an
Aspen, Co. single family home/commercial builder and merchandising
manager for two single family home builders in South Florida,
Leadership Homes and General Development corporation.
PROFESSIONAL DESIGNATIONS:
Licensed Florida Real Estate Broker
Ucensed Florida Mortgage Broker
CCIM (Certified Commercial Investment Member- Commercial Investment Real Estate
Insitute)
I'IRY 08 2002 3:01 02R 9971610
0~/07/02 TL~ 14:~0 F~ 561 24~ 3774 CI~ C~
D~Y
BOARD MIiMBER APPLICATIO
1993
2001
p.2
3.' .L~gal Rc,,dgncc: ,, -- Cit),
~' S~ Zip Code
'5. Home Pho~'e: Bua~s Phogc: E-Ma~/dtcss: Ca Phone:' Fsx:
6. Ate you s r~slere~/vo~h ) If so, ~he~ ~e you xe~stere~? .......
.....
7. ~l~ B~d(s) ue you m~t~ ~ ~e~ P]ezse hs[ m order ofpref~ence:
8. Ust ~ G~'Bo~ds on w~ch you ~e ~cnfly scrag or have pr~l~s~ ,~ed. ~l~sc ~clude ares)
10. ~t any ~eh~ed professio~ ce~cad~s and hca ~ses whch you ho~, '
II G'~e y0~ present, ~"most ~nt cmploycx, and posiuon "- ~ ~ ec~ ~
~2'. Dcs~ exp,fi~=s. S~ or'~owledge ~ch qu~,y you to s~. on ~s b~d. ~Ie.c ,~eh · bmfre~e)
I ~eby c~ ~t ~ ~e ~c smt~ ~e ~e, ~d [ a~ ~d ~d~s~d tat ~y ~m~t of~tefi~ Ia~
oflt .... n may cau3c forfm~c ~ m7 p~ of tW ~om~eflt I ~y }~c~e.
.... ....
SXON.~ D~
hf-o4-e
Note: This nppbcafion will r~mam on file in dee City Clerk's Office fox a peziod of 2 years from the d~tc it was
subrmvted It will be the spplicant's responsibility to ensure that a current applicanon ,., on file.
~,~F~..~t~ Rl~k P P t i(' A'rION
Richard C. Jones, A.I.A.
306 North Swinton Avenue
Delray Beach, Florida 33444
Architect
(Old School Square District)
561.330.0043
Academic Background
New Jersey School of Architecture at N.J.I.T.
Master of Architecture
Newark, New Jersey
1995
Professional Experience
Quincy Johnson Architects
Principal
Boca Raton, Florida
10/95-Present
Professional Registrations
State of Flodda
Member 3f the American Institute of Architects
Personal
Richard lives with his wife Karen and 9 mo[lth old daughter Madison in the heart
of downtown Delray Beach. He has lived in both the Marina Historical District
and now the Old School Square District a,d takes pride in being a part of their
renaissance. Richard and his wife have beE,n spending the last 2 years modifying
their home on North Swinton Avenue to further reflect the Key West conch style
house that it was modeled after when built in 1999. The house has appeared in
the Delray Beach Chamber of Commerce magazine and represents a model for
new development within the historic districts. Richard would like to take a more
active role within the community and help to preserve its charm and character by
becoming a member of the Historic Preservation Board. His eye for detail and
knowledge of architectural typologies and history would be well suited for
reviewing projects within his and other hist(~ric districts.
References
James C. Keavney, Architect
Member of Delray Beach Histodc Preservation Board
Donna Marie Sloan
Member of Delray Beach Historic Preservation Board
Delray Beach, Florida
Delrey Beach, Flodda
ECE!VED
HAY 0 7 2002
r ,/.ONI 'IG
~ · d 0 ! 9 !/.6B t:lL'13 S~;: ~ ;~OOZ /.0 Al=Ill
Sent b~JIBREUER ARCHZTECTURE HIr-12-e2 e9152t~ ~*ron SG12723722~S&1 243 2774
~eceived ~ar~8~ el:eepm from 561 Z43 3?74- BREWER ~RCHITECTURE
, 002
( 11 i I I }~~ OF DEL~Y B~CH
q I I ~* ~OARD MEMBER APPLICATION
I
~t Ip~don i~ on ~e,
CITY CLERK
~'1 : PIIIES OF r~ELRR'/ F~.; t13. : 5612,'7~E,6-.1
03,-46,'0-~ WED 16:5:! .I-'A.I ~6.1 2,t3 9774 CITY CLEI/K
I'lar.
07 2'002
44111'1
P2
~, 0o~
® BOARD MEMBER APPLICATION
19~3
2001
Pk-ase t~c cz p~im the ~k~ inform,iici
5 Home Phone: ] Business Phone:
ow /
' Cit7
I
I
iF_~l~si~ a~cldx'ess; ] Ce. ti Pbome:
If )0, wh~c ~c yOU le~zed?
!~p CoaJ
Zip Code
Z~ Cod.'
]rs.x:
8, LZst all Cir} Boards on ~ you ~e cu~.en~' sete~ng ox b~'e pzev~ou$~ se_we& ~q~te~e mclude cl~te~)
10. Lu: ;,ny r~l~ed professional c~Lfi~non$ ~d licenses ~-h.ich you hold:
~n~ed ~ ~ zpp~g~ ~y cn~e f~e ~ mTp~ ~any ap~t I ~y ~.
' No~: ~ app~~ w~ x~ on ~ m ~c 0U OcrWa Office for a p~od of 2 v~ flora ~( dire k was
su~aM, It ~ b¢ ~c apphc~% r~po~ to cns~ ~t. ~nt app~n is ~ ~.
RECEIVED
MAR - 7 2002
CITY CLERK
BOARD MEMBER APPLICATION
1993
F
Ple~ tl~ or print the followi~_ infom~on:
F
JEFFREY SILIIERSTEIN, AA.A, R.A.
EDUCATION:
Clark University, Worcester, Ma. Liberal Aris Major
Boston College, Boston, Ma. Economics major, one year
Pratt Institute, Brooklyn, New York, Architectural Degree.
Architects Medal for Excellence in Architectural Education
Harvard University Graduate School of Design, June 1989
Harvard University C_naduate School of Design, July, 1996
American Institute Of
CERTIFICATION:
Registered Architect: Florida and Illinois
Silberstein Architects was founded in 1990. We are a small firm with a repmation for
innovative design and delivering projects within budget and on schedule. This is evident
as we continue to work with repeat clients and referrals generated by our reputation. Our
success evolves as we assist clients in defining project goals well before suggesting
solutions, a process that creates a full understanding of objectives before transformation
into reality.
Mr. Silberstein has practiced architecture, both nationally and internationally for over 21
years with a list of prominent architectural firms and projects to his credit. He has been
associated with many building types, including educational facilities, office buildings,
interior office and residential renovations, museums, art galleries, religious facilities,
residences, mixed - use developments and commercial projects.
The American Institute of Architects has singled several of these comrnlssions out for
special honors. In 1998 Jeffrey Silberstein was awarded The Award of Honor for Design
by The American Institute of Architects. He was recognized for "the high quality and
originality of his work over an extended period of time". His work has been featured in
The Mjsml Herald, The Sun - Sentinel, The Palm Beach Post, Florid Architect, Interior
Design, The Boca Raton News, Architectmal Record and other international publications.
Mr. Silberstein has served as, a guest writer for the Hartford Architectural Conservancy
and The Palm Beach Post, a critic member of the Works of Ar~ Committee of the Boca
Raton Museum of Art, a member of Junior Achievement and on the Boca Raton
Community Redevelopment Agency Task Force on The Crrace Commission. He currently
serves as Chairman of the Board for The Toussalnt L'Ouveture High School for Arts and
Social Justice in DeLay Beach, Florida.
Mr. Silberstein resides with his wife Rosemary and two daughters, Angelica and Sarah in
Boca Raton, Florida.
LIST OF PROJECTS:
SCItOOLS:
Boca l~ton Community lligh School, Science Addition and Master Plan, Boca Raton,
Fl. AIA Award for excellence in Design
Florida Atlantic U~iversity, College of Education, Boca Raton, FI.
lluut Elementary School, Coral Springs, Fl.
llarid Conservatory, Boca Raton, FI.
Temple Israel Early Childhood, West Palm Beach, Fl.
All - Star Academy & Sports Camp, Delray Beach, Fl.
Temple Bet Emet Early Childhood and Grades 1~2 &3, Cooper City, Fl.
Toussaint L'Ouverture High School for Arts and Social Justice, Delray Beach, Fl.
MUSEUMS:
Museum of Modern Art, Seoul, South Korea. AIA Award for Excellence in Design.
The Gallery Center, Boca Raton, Fl.
Morikami Museum, De]ray Beach, Fl.
SPECIALTY PROJECTS:
West Regional Courthouse, Plantation, Fl.
B'nai Torah Congregation, Boca Raton, Fl.
Temple Israel, West p~Im Beach, Fl.
Boca Raton Mausoleum, Boca Raton, Fl.
Temple Bet Erect, Cooper City, Fl. ( Current )
Temple Israel, West Palm Beach, FL (Current)
LIST OF PROJECTS:
RESIDENTIAL:
National Custom Homes: Custom Homes
Wycliff Country Club: Custom Homes
Governor's Walk, Delray Beach, Fl.
Neal's Market Townhouse Community, Delray Beach, Fl. (Current)
Kniimvan Residence, Les Sardim, Boca Raton, Fl. (Current)
Hakkenberg Residence, Bonaire, Netherlands Antilles Featured in Caribbean World
Magazine
Foght Residence I, Bonaire, Netherlands Antilles ALS. Award of Honor For Design
Foght Residence H, Chicago, Illinois (Current)
Foght Residence HI, Bonaire, Netherlands Antilles (Current)
Richman Residence, DeLay Beach, Florida
Littman Residence, Bonaire, Netherlands Antilles
Katzev Residence, Bonaire, Netherlands Antilles
Gardenia Place Townhouse Community, Lauderdale By The Sea, Fl.
One Young Circle Condominium Tower, Hollywood Beach, Fl.
Andrews Residence, Ocean Ridge, Florida
Andrew's Residence H, Ocean Ridge, Florida ( cun~t )
Ticktin Residence, Ft. Lauderdale, Fl.
LIST OF RESIDENTIAL PRO~ECTS CONTINUED RESIDENTIAL:
Lassiter Residence, Bonaire, Netherlands Antilles
Botman Residence, Bonaire, Netherlands Antilles
Epstein Residence, Weston, Florida
Green Residence, Boca Raton, Florida
Pineapple Place Condominiums, Delray Beach, Florida
Schmier Residence, Deh*ay Beach, Florida
Schlicht Residence, Boca Raton, Fl.
Nuckles Residence, Delray Beach, Florida
Caribbean Blue Condominiums, Bonaire, Netherlands Antilles (Current)
Cohen Residence, Delray Beach, Fl. (Current)
lkola Residence, Boca Raton, Fl. (Current)
Schafer Residence, Manalapan, Fl. (Cu~ent)
King's Row Townhouse Community, Delray Beach, Fl. (Current)
LIST OF PROJECTS:
OFFICE BUILDINGS:
Bank of Nova Scoffs, Curacao, Netherlands Antilles
Presidential Circle, Hollywood, Fl. Winner of many design awards.
Management Systems Worldwide, LLC., Delray Beach, Fl. (Current)
W~IK Studios, Boca Raton, FI. AIA Award for Excellence in Design.
NCNB Bank, Boca Raton, Fl.
Over ~0,000.00 square of office space planning for Henderson Mental Health Center,
WR Grace, Trammel Crow, Gampel Organization, Panther Realty, and other corporate
clients.
Spectrum Office Park: Two Phase 45,000 s.f Office Building, Ft Lauderdale, Fl.
Sirs Inc., Delray Beach, Fl.
Silberstein Architects, Delray Beach, Fl. ALS, Award for Excellence in Design, 2000.
Office Building for Dr. Reilly, Delray Beach, Fl. (Current)
COMMERC~TAEL PROJECTS:
Hertz Service and Rental Facility, Windsor Locks, Connecticut. AIA Award
Boca Valley Shopping Center, Boca Raton, Fl.
Key West Espresso & Ice Cream, Key West, FI.
Littman Jewelers, Bonaire, Netherlands Antilles.
Littnmn's At The Plaza, Bonalre, Netherlands Antilles
l,ittman's, Bonaire, Netherlands Antilles "
Peppercorn's Cafe, Key West, Fl.
LIST OF PROJECTS:
HOTELS & RESORTS:
Paradise Village Tulip Hotel, Curacao, Netherlands Antilles
The Hamlet Resort, Bonaire, Netherlands Antilles
Avila Beach Resort, Curacao, Netherlands Antilles
MIXED USE PROJECTS:
Union Station, Hartford, Connecticut
Pineapple Place, Delray Beach, Fl.
One Young Circle Condominium Tower, Hollywood Beach, Fl.
Sirs Office and Retail Complex, Dekay Beach, Fl.
INTERIOR ARCHITECTURE:
Becker Residence, Boca Raton, Fl. A. LA. Award 1999
Foght Residence, Bonaire Netherlands Antilles. A.LA Award 1997
Agardy Residence, Boca Raton, FL
Katzev Residence, Bonaire, Netherlands Antilles
Green Residence, Boca Raton, Florida .-
Simon & Simon Law Offices, Delray Beach, Florida
WJMK Studios, Boca Raton, Fl. AIA Award for Excellence in Design.
RECOGNITION:
American Institute of Architects Awards for Excellence in
Design:
Boca Raton Commtality High school, Boca Raton, Fl.
WLMK Studio, Boca Raton, FL
Foght Residence, Bonalre, Netherlands Antilles
Becket Residence, Boca Raton, FI.
Museum of Modem Art, Seoul, South Korea
Silberstein Architects, Delray Beach, FI.
Award of Honor for Design from The Palm Chapter of the
American Institute of Architects to Silberstein Architects for their
outstanding contribution towards architectural design. Jeffxey
Silberstein was cited for the "high quality and originality of his
work over an extended period of time'. 1998
Publications:
Architectural Record
Florida/Caribbean Architect
Boca Raton News
Sun- Sentinel
Miami Herald
Interior Design
DBZ German Design publication
Antillean Review
Caribbean World Maga~ne
2001
$ilberstein Architects, delray beach, florida
Foght Residence, Bonaire, Netherlands Antilles
The island of Bonaire in the
Netherlands Antilles is located 38
miles north of Venezuela. Aft~r-
spending ten winters on the island,
the owners of this house bought
property on which to build a
permanent winter home. Bounded
on three sides by residential lots
and a two-lane road, the house
faces west toward the ocean.
With 3,000 square feet of floor
space, the two-story house has
three bedrooms and two bathrooms
on the first floor along with family
room, storage and kitchen and a
large master suite and library on
the second floor. The plan resulted
from a clear program and specific
sere conditions. For reasons of
noise, privacy and security, the
front of the house has two wings,
garage and guestrooms, connected
by a privacy wall that creates a
barrier between the house and the
public road. The house can be
entered through an ornamental
doorway leading into the courtyard
or through the garage. The court-
yard is enclosed by the guest wing
on the north, the living room on
the west and the garage on the
south. A stairway leads from the
courtyard to the master bedroom
suite on the second floor. This
suite is directly above the living
room and fronted by a terrace on
the west that overlooks the court-
Photo, top: West elevation of the house as seen ~om the ocean, Above: Second yloor
terrace on the west that overlooks the courtyard and ocean. Photos by Chuck Wdkms.
~rida / ta~ibbtan ARCHITECT
win~er 2001
yard as well as the ocean beyond. The
courtyard, with its 30-foot long fou,~tain
fringed w~th seven water-spouting frogs
on each side, acts as a buffer against
roadway noise while providing privacy for
the three guest bedrooms. The guest
bedrooms have access to the main living
room from the courtyard, as well as to the
ocearl.
The floor plan is axial. From the
ornamental courtyard gate that serves as
the front door, there is a direct view of the
ocean through the courtyard, living room
and terrace. The terminus of the axis
between the front door and the sea is a
radml cedar deck that cantilevers over the
chff. ]'his deck is edged with cedar
bollards housing indirect lights. Below
the deck are lights that illuminate the sea.
Views from the house were important
to the client so most of the rooms have
direct views to the sea. Windows and
doors are typically located opposite one
another to allow cross ventilation during
the months when air -conditioning is
not necessary. All of the floors and
bathrooms are finished in limestone and
all other surfaces are painted stucco.
Doors and windows Were custom de-
signed and made of mahogany by
craftsmen on the island.
Photo, top: Courtyard and 30-foot fountai~ with
water.$poutingJ~og~ acu as a noise buffer for the
guestrooms. Photo by Chuck Wilkins. Plan and elevation
eourtety of the architect.
/lorida / cdribbean ARCHITECT 23
winter 200l
~ PALM BEACH CHAPTER
OF THE
AMERICAN INS~ OF ARCHn~GTS
IS PL~SED TO CONFER THE
AW~ OF HONOR FOR DESIGN
TO
FOR ~ O~ING CONTRIB~ON
TOWARDS ARCHITECTURAL DESIGN
November 20, 1997
President
BUSINESS
Sun-Sentinel, Monday, February 5, 1990
II!1111
III
FUTURE DESIGN'
Architects are remodeling buildings, '-
to satisfy sophisticated buyers 8 ~
I
I
ca life.
WHE] 'ONCE'ROAMEI
Jelf~'e¥ ~[J~ll~ell~ a~O vitro Rosema~. nghl, the IMng
liked the idea of
having a park so Close ...'
rclmcc{ Jeffrey ~d~te~n hr= on
.md hkcd the Idea tital the ~ rc~cd
.il t.a ~ tilt ~¢ ~[ the old
.~d Sfl~mem, "or hiving our ~ qmct place to
' ~fnca USA*'ex~it~ from 3~ot 1951 to
.r, I'he ~g tJ~ng ~erL thc zebr~ and ~nch=
1 h=re ~ ~c no ho~ or cleph~=, m~ ~n~
*crc nol
Sd~tslcm. ~, I~ file h~ tho moment he
~w it. 13 ycam a~m in C~o O~de~,
I lc dc~n~ ]t m "Uc~uda-t) ~ ~hlt~turc"
~ ~ 'c ~at talc t~3f, ~y ~n~OWS,
th~ ] d ~mde~ll IrQp~I i~k a~t it.
~,.~ from red~gning h~
Silhcrstcm of Sil~rstcm *~t~ ~te~nal
~ ksm~ for h~ work ~ ~e
~ch~,ol ~tence ~dm.n, the Mon~i M~m
m Del~v Beach. the H~d C~nto~
de.lkm thc the Mus~unt of Modem A~I in S~oul,
South Ko~a
SUberstein's d~ ora 7,~ q~rc f~t
wan ~m ~e pr~Ugin~ ~en~ l~l~te of
~lut~ (.~A), P~ B~h c~pler award of
~nor. ~e ~o~on ~e al ~ ~nth's
quct at ~i0 Br~ke~ ~ P~ B~cl~
T~ mc~t~t met Jim ~d M~ha ~t,
Behave client, at a ~klall pa~y m B~
~veral ye~s a~. ~y were ~n~tg mm~
diVe.fy ~ mmple~8 a bm~ ~pt~x
Uo~rc an~ ~re unhappy ~lh ~
they had
"i'm ~ a~hit~t," he told th~m. "~d I ~ew
up ~ C~a~ ~d s~ ~1~. May~ 1 ~
~lp."
~e Fo~ ~ ~ to rake over ~e
~d ~b~u~tly ~ h~ to b~d ~r
~ ho~ ~ the ~ ora cl~. Sinm ~en he
~'~ ~ploy~ to dmi~ ~ ~m p~
Salem ~d hb ~fe ~ mo claudia.
~geUca 10. ~ ~, 6, ~ h~ ~ one of
77. -
Ramn's oldest residential sect;om.
"It has ~':~_.." h.e says of the nott, hborhood.
"And f~end!y
The 27-ye~-old .S. Ilbe~tein home ba~ 2,600
square feet and includes a cove~ed, SCl'eened patio
and pool ar~ wh.e.'e they often es~le .Illin.
"We dJd p6t in all new ~ndo~vs," he said.
we redid die bah and ki~hen and p~t in
r~cessed lightm$"
The r~.suJts emph,~e the open, spacious look
of the re4ndence. TI~ cool tennzz, o floo~ a~ left
uncovered except f~r a few Af~m ~
The room th.ey really live in, th~.'f~m~Jy room,
just~off t~'e btchcn, is canJai and
SUbemeln desil~'n6d and buJJt the con,pet wall
u6it, the room's focus.
"1 Uke thid~toce," Sttberstein says. "Even if the
individual cubicles a/e n2~3,, the overall view ts
°r fl~flbemein is a graduate of Pratt Institute in
New York City He says he knew he wanted to be
afl r.,.h, ileet (~though he didn't then
nam~ for it) when he wm foul~ years old.
"I u~.~ to build houses and baUdines wzth my
block.q," he reeaUed,
For a whde though, he thooght he might go of
bis parents' mt~ business.
~1 ~ pre~ 8~d ~ burr,
~t I~o~d ~r~ ~ter a w~e," he rays. "h
~t~, you'~e courtly ~v~v~ m
croon of ~."
C~enfly he ~ wor~ng on p~
S~ A~dcmy m ~ba) ~ach, a project that
~udm a ~ ~mplex, ~n~um, mcd~a
~l~ md n ~ f~ ~ He ~ ~ wor~n~
~ ~ ~'bmj~ for mjewe~ ~e in
~nai~ ~d a brokera~ ~ ~
S~em, on~olty ~m C~n~cut,
~g ffme ~fll ~Ucn~, I~g the~ Uk~
nd d~, nd helping ~em to ~ their
W~ ~'G~de~ Blvd., S~te
"~ evolve ~om ~t ~c ~t te~ me
~d~ ~ what ~ ~te t~ me," he ~d. "J~
~ a ~d of~ ~ wh~ you tall
a~t ~e ~"
He n~ a ~j~ often ~m~ n t~c~n~
Moving Up
Jeffrey Silberstei
Owner, Silberstein Architects,
IntY, in Boca Raton
Recent accomplish-
ments: Jeffrey Silberstein of
Silberstein Architects Iht'l,
Boca Raton, is the 1998 Award
of Honor winner from the Palm
Beach Chapter of the American
Institute of Architects.
Silberstein was recognized
for advancing the cause of out-
standing architecture and pro-
viding inspiration to fellow
practitioners. His design of a
two-story, four-bedroom resi-
dence in Bonaire, The Nether-
lands Antilles, was the overall
winner in the "Built Project"
category.
The home design was noted
for its dramatic lighting ar-
rangement built into a cantile-
vered decking, overlooking the
"It was a challenge because
it was a very narrow lot," he
says. "I was able to create a
home that gave a lot of privacy.
"The award is only given
once a year. All other entries
-received merits. It's a real hon-
or because you're judged by
your peers."
£duoation: Graduate of
Clark University and received
his professional degree from
Pratt Institute in New York.
Age: 44.
Personal: Married to Rose-
mar~ and has two daughters --
Angelica, 10, and Sarah, 6.
Originally from Curacao, Neth-
erlands Antilles, Silberstein
lived in Boca since 1985.
Career highll~hts: Si]bar-
stein also received AIA awards
for several projects including
the Boca Raton Community
High School Science addition,
WJMK Studios and the Muse-
urn of Modern Art, Seoul,
South Korea.
Jeffrey Silberstein
(above) designed
the All-Star Academy
in Delmy Beach. His
design of a two-sto-
ry, four-bedroom res.
idence in Bonaire,
The Netherlands An-
tilles (left) won an
award from the Palm
Beach Chapter of
the American Insti-
tute of Architects.
HEATHER SELWITZ/
An arch/tea for 17 years,
Silberstein's projects in Florida
/ndude designing of the Mori-
kami Museum, Harid Conser-
vatory, College of Education at
FAU and Presidential Circle.
Ho6bles: Reading, art, ten-
nis and going to the gym.
Key to eugene: "Never
stop learning," he says. "You
never know enough, and I love
what I do."
4 Boca Raton News/S..oclety Monday,, hpleml:mr 29. 1997
/; ~';.~ Y~.~v% II-Sm Academy
· ~' ~1 ~s~ ~ con-
~ ~' ~.~ ~ ~cm~r 26~ dcd~-
eno, ~cnU ~d f~ulty
n~'s,kr~. Ikadm~lcr Bob Stone ~cd
General C. nuactor P~ lnm~uo~.
Art }mec~. Sd[~lem Agh~cb lntem~o~
~d all ol ~ ~h~l's aup~ who~
no~l cleon flluw~ ab 80.~ ~u~
facdtt) nc&da m a I~ ~p[cfl
c~ated lmm ~ cm~y field m
illonth~
~c Ac~my is on ~h~ule ~ il p~s
~ ~oal of ~commg ~ top college p~m
~nted faculty. ~ong w~ u c~lenging c~-
t~ulum con~bu~ to o~r ch~l~n m ~ ~ a
AII-S~ Ac~emy is mpi~y e~ing
~ of the premset m~m
~u Thg en~ f~uhy ~ ~
lng lot sc~ u~oming g~imu~ ~v~w
month ~d AII-S~ ex~ lo ~ fully ~d-
i~d by ~em~r, I ~7 by ~
C~a-d of l~n~n~ $ch~ls.
IiIS'fORY
Arm Academy was fom~ m 1~4 by
Rotx. n 5lo.e, uwu:r ~d d~glor of
ycm-ol.I AII-S~ S~ C~p
At the uyng of ~ve~ ~p f~lies, Stone
~1 -.t ~,, develop a ~ddle ~h~l ~m would
i~.s ~de. I.Idren ss ilh ~ educauon ~ill on
~ ~dsg.,u~ ullihalson~ I~und
Ik's du~c ,1 I1~ camp. Stone w~ In regul~
S~.nc. "~dd4~-m~-~y-wdl come"
upp~-.dl p.~ed ~ucces~ul Fo~y-~e s~xlh,
~S~'llth ,md csghlh gr~e aludcnt& c~olJcd ~'
firs~ )e~ ~ ~,cre taughl from ~blc clash-
ed*m. J,~atgd on ~. ground~ of Royal Palm
Polo In fl~ r~eond year. 205
mcl~hng 130 ~n ~ ~w
~ ~i~ y~, ~
~ned ~,s yc~ wi~ 525
~udcm~ ~n
~ugh 12th
~ough ~ c~pus ~s
~ned for 1,050 studenu,
~ ~1 wdl ~e~ lo a
~cl ~hcy of ~pmg
el.sma cap~ u~ 20 ~u-
~nb ~r cl~s
~ n~y AlI-S~
hes, ~e new ~pus s a
ye~ m ~ble
~ ~e new,
~, 21-~ c~p~ co~s comple~ wi~
~mi~auon ~ildings, 41 cl~s~, a
~. ~ cummin labs, two ~ stu~os, a
~et~ m~d masse ~m
f~ld P~ 11, c~g ~o~r S5 ~lli~. will
~gm l~er ~s y~ ~ will ~d ~ ~fio~
~a ~m. ~i~ ~mpla ~ ~olab to
mfion, is ful ~os~g one of ~e top
off~ ~ ex~fi~ed f~ulty, a n~g env,-
~nt ~d s~l c~ ~s (hnut 20 mu-
&nfs} AII.S~ Academy's phdosophy ts ded*-
eaicd to ~dd~ng ~lf confi&ncc, eqmppmg
¢~'h fluent Wlfll thc stud) skdls nccc~
~a~'l~ h~ lull ~msc ~l~'m~al ~)d helping
~ch iI'ill I~) ~' wcll-rouu&d,
sio~ in ~lr ~lall,).sh~ps ~ ~lh Wets, p~-
en~ ~ I~lm~. Thc~ fuCloJx I~e all Losl-
I~ly ~d success In Ibc commumt)
AII-S~ Ac~cm) is a ~'~al pl~c where
w~t~. inlc~nly, ~cnglh ol
spsril of t~cthcn~s~ t~sm~ flK l~undatims ol
~1 Ilk, h]s ~rough ~ .ununng
S~IvC cnx, ictm~nt ~t tl~' stu~nt~ arc
able to succes~full)' &'vclop ~ll-edu~m and u
high level of ac~dcsmc
C~lng. des~)lcd Ic~lm~ ~c Ilw kc)' t. a
chdd's ~uca~on. AII-S~ Acs&roy's colle~-
live p~f~$1Ol~ :X~[l:~ as ducato~
~clude~ II~ec ~lor~e degrce~, 16 M~
&grc~s and m~ uverage of I1)
educm;un ~lte f~'ully ~m~r~ ~ a
~ r~ge ol micros ~d m~e~b ~t richly
enhance the classroom environmenl T~y are
dechcated to their sludents and lo thc school's
goal of ~mic excellan~ ~nd individual
growth Small cl.,sses in the lower, middle and
upper school ens~we ~ · child will recetve
personal mtenuon from a Izuly mo~iva~l fac-
ulty,
PEF,-SCHOOL
Ali-Star Academy serves child~n ages
three, four and five yah old. The program
combines endemic orlenlalion wtth develop-
menially appropriale learning experiences in a
Iradilmnal pre-~hool .setting
Ail-Slat i,, dl:dlcaled Io dev¢lol~lng in all
children a genuine: love for learning
III'si.~ .~t'l[-lllta~lff, III a .~C'UfC, nu~ulnl~ arid
eXClllll~ ~..~iltlC environment, Thc cJ.u.s-
~().m~ arc checrlul, conffonuble and lull),
cquippt, d wtth creattve ~nd cdtwatonal tlmtcn-
· -d~. to .a~m.latc ned gently challenge the
nines for Irec-play, as weft as teacher guided
and hands-o, le,u~ing experiences Au expert
team ol I~uchcrs inlcgratc stol'ylc]hllg,
rc.,ding, bcgmmng sp:ath concepts, pre-hand*
unllng colltpulcr. InluginallVC pla)'. Spat, th.
art. mu.dc :md outdoo(' play mto weekly
enr,dtmcnt dClfi'llles.
'J'c~ehcr~ l~)llllOr each lC~'IT~I"s ~rogl*cs) in
thc ,fl'C,L~ of ~foss motor, fiflg' molof, ¢o~nlll~
pre-acadctm, language ~ social skill'.
thru)ugh ob~:~'alloil aaa devclopmcnral chcck-
h:.t. The progress of ach child is communicat-
ed flu'ough parenl4eacher amfcrcnce) and
LOWF..R .~2HOOL
The pal of the Low~'
School is to imaill in
d~nu th~ bdicf that they are
capabl~, signifmant.
emi people who have the
capacity to ~ a dtfl'ct-
encc in life All-Star
Academy behevcs that chil-
dren learn best ~f they are
hca intimida~d by the learn-
mg proc=s, but intend.
fred llmm.~lves nalually
b~volved in
and fun of laming.
At Ali-Star Academy
each child is given the free-
dom to explore, to express.
an~d[O grow wifl~in fl~ safe
C'utriculum and eompo-
nem.s of cutriculura, such aa
i,t~$Sll'lelll and In,sLrUCllOll-~1 II~ll~nals,
~n ~$lgn~ in ~cord~tce with ~lc t)f tL
~ ~h ~d ~coq' Cuntent ~ ~d
comp~ve ~view of c~culum gutde~
from ~ ~ ~i~, such ~ ~ N~os~l
~ of T~hc~ of Made.scs,
N~ ~iabon of %KMn of ~glt~
~ a v~ety of ~h-~ pubhcahon~
~hin$ ~d
MIDDLE SCH~L
AlI-S~ Ac~my ~, m~y g~ fm
M~ddlc ~h~al stu~nl~ B,y~ ~d girh
elite a rlgortJu~ ~ um~ UIUIII that hudd~
foundallOII lot IhL' ff~lSlllOII I~lO Upl~l
Ilicfll ~)f &ludy *hlh m)~ I)f.bj~'lll-~d~ ul~ lcd
plLned appa~ch I() k'~ uuig ~ hJd)
~n2 f{)~ a
~t' Middle SCl]od ~'qx'n~'l]~ e
~'lr in~re~b Ill olhcr .eca~, ~lud~flg
~d athlct,cs ~m M~ddk' Sch~J
~ ~dlcatcd to huildtng ~lt<onfi~n~e and
equIpJ)ln~ sludcllh ~]th thc ~lud) skdl~
~nL% ~'Coltk' ~ ¢ll-J~uh~d indl~ idu~. c.ti,
crib ~ld ~dchgl s
UPPI':~ SClIOOL
~ Hi~ ~h~l c~ulum uffc~d ~ ~h-
S~ ~my is ~ hijhl~ c~len~ing
~nli~. H~ ~s~l ~s ~ offend m
~ugh n s~ elccti~'c pmg~
~b ~JI ~lUdCllb lo distinguish
~d o~r impel ~ uf ~h~l hk'
Tou~ of ~ c~pus ~
ap~ln~n~ ~e c~eml) avmlablu
rate,ted m ~c(s lng more i~o~t~otl
AII-S~ A~my should ~
~fissi~ o~ a~ (56 I) 495-7272.
~ m~vid~ ur b~J~s who would
h~ lo ~m~ ~ to ~s ~t edu-
~on proj~t ~uld con~cl R~
(561 ) 495-7272. AII-SI~ A~nly
~on. All doll)OhS ~y ~
~uc~b]e. ~-S~ Ac~my ~tb
of~ ~. color. ~o~ ~ c~sc ongm
07/12/01 TRT. T 16:07 FAI $01 24~ 3??4 CITI' CLERK
~ Cl~ OF DEL~Y BEACH
BOARD MEMBER APPLICATION
1993
2001
7-/3
'1. ~tN~m~ Woehlkens N~ Jtllian ~'~'M
3. I~ R~n~: Same ' ' O~ S~t'¢ ~ C~ I
205 George Bush BLVD
...... I .... I ~t~:il;:~ . . , ....
In th~ -proces~ recently just changed ad~r~,,. I
of years,~ However
H.P.B and P & Z, and S.P.R.A.B recently moved into the[
None a~ present time·
f
10. List shy xthtc~ ptofcssio~utt certific~ttions and licensus which you hold:
None pt or~g~n~ ~t m~.
11. 'Give Your present, or most xectnt employer, and poskion:
'Elioploulos & Associates~ Graduated Architect ....
/
~ DcS~io~rmer i. Presen= work experience under current board member of
S.P.R.~.B% Extremely dedicated & eager to enhance my knowledge a
skills especially related ~o community as we]] as
pertaining to' future endevo~.
[//~te' T~s ~pphc~n ~ ~ on ~ ~ ~e d~ Cl~" (M~ce 'io~ · p~°d of 2 ~' ~'~e dsre it was ' )
RECEIVED
J UL'I 3 2001
CITY CLERK /
ELIOPOUI~S &
ASSOCIATES, INC.
Architem, Plann~ & Interior Desirers
AA0003179
JILL M. WOEHL S
Phone: 561/276-6011
Fnx: ~61/276-6129
F,-~.: ~
OB~CTIVE
EDUCATION
WORK
EXPERIENCE
ACTIVIT~S
INTERESTS
* One of a fonr pera~ team to design and buikl an ~naaifion to e~i_~%o home ~ a ~~d ~o.
Proiect Archit~9'~- work on construction ~ for both residential & ~ projects, c~mtinate
projects & delegnte project tasks, prepare ~fion drawl,? and assemble wor~-~ drawing packag~
for obtaining buil~ p~,mits. Acquire field measm-ements to ~ be placed on CAD, pwdm~ g~neral
office needs, client interaction, & construction administr~on
Nonvich Unlverst~, Nord~eld, VT 1996 * $/01
Work Study Program - Hold three positions simnlmneously
Architecture Deuartment Proctor - proctor for studio, attend meetings, report problems to ~
_,~mini.~a'ative Assistant for Swim and Soccer Coach - t'ecruit ptosp~ nthl~eS, database
mn~gement, office clerical support.
/~m/n/stra~ Assistam for Hock~ Coach - _a~_,e mamgeme~ ~ clerical rapport, recruit
~[ices for problems, set up d/splays, mnd~ ~, balance _~h drawers.
* Norad~ ~ W~'s Soc~r Team - Co-C~n 1,2~,4
e AIAS-~ 1,2,3,4,5
· .EI~RKNCES Available ulxm mtuest
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY CDMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~.-~- REGULAR MEETING OF MAY 212002
APPOINTMENTS TO THE PUBLIC EMPLOYEES RELATIONS
COMMISSION
DATE: MAY 17, 2002
Harvey Brown, serving as the neutral member on the Public Employees Relations Commission,
term expires June 30, 2002. Mr. Brown will have served two full terms and is not eligible for
reappointment. Dinah Stephenson's term as alternate member will also expire June 30, 2002.
Ms. Stephenson is eligible and would like to be considered as a regular member. The term is
for four (4) years ending June 30, 2006.
Pursuant to Section 35.032 (A) (1) (a) of the City Code of Ordinances; the Commission shall be
composed of three members and one alternate to be appointed by the City Commission.
Members of the local Commission established pursuant to this division shall be appointed so
that the composition of the local Commission is as follows: One appointee who is a person
who, on account of previous vocation, employment or affiliation, is, or has been, classified as
representative of employers; one appointee who is a person who, on account of previous
vocation, employment or affiliation, is, or has been, classified as representative of employees or
employee organizations; and all other appointees, including alternates, shall be persons who on
account of previous vocation, employment or affiliation, are not or have not been classified as
representative of employers or of employees or employee organizations.
Neither the Chairperson nor any member shall be employed by, or hold any commission with,
any governmental unit in the state or any employee organization while sermng in that office.
The appointee need not be a resident of the City of Delray Beach.
The following have submitted applications and would like to be considered for appointment.
Edward Desmond
Leonard Friedman
Harry Hamilton
Dinah Stephenson
Jean Sylvia
(currently serving on Pohce/Firefighters Retirement System)
A check for code violations and/or municipal liens was conducted. None were found. Voter
registration verification was completed and all are registered.
Based on the rotation system, the appointments will be made by Commissioner McCarthy
(Seat #4) for a regular member and Mayor Schmidt (Seat #5) for an alternate member.
Recommend appointment of one (1) regular member and one (1) alternate member to the
Public Employees Relations Commission for a term ending June 30, 2006.
S/City Clerk/Boards/PERC 05-21-02
C>
2001
CITY OF DELRAY BEAC!
BOARD 'MEMBER APPLIC.~
i'".' ;'-',=. Desmond
~473 Grande. P='lm'. Circle
.:.. ~-.~-! )~r'~:nc~-i '
S&.~e ~s above
~1 5 ~ 6th Avenue, $.uite.. 202
Zdwar~
_ I ,
~U Delr~y Beach
Beach
Delr~y
6 ,;.,-: -':u - registered vole, t? Yes l. fso, whiz sre you
D~bl i~- ~r.p!¢yees Rela=ions Commission "PER.C." ~
Please see attache~
Please see a~tachea
........ v ?:-'-;n:, o: mos~ r~cenr'employez, .nd position:
. Ptl~C&~al - Cardinal F~rniture .}LC
,2. D~,.-~r,~ ~xp~i~nc~. ~1~ or ~o~cdgc w~ch ~u~fy you ~o s~c on ~, boud: ~1~
Please see at~ached
1
TION
L?
'FL
.
Id. I,
C.
Z~p .Cod.-.
33484
Z~p Co8o
..... .. I: wD bc d~c epplic~nt'm ~:~ponn'hility to ensure
~ Code
33453
(561)243-6261
D,e ir. ay Beach
{ .'.
JAN l-6 2002
I
ITY CLEm(
in~ad~
Cr
I9~9- 1995'
1977 - 19g$
197Z- 1977
1972
1~'9 - 1960
EDWARD C. DESMOND
5473 Gr~nde Palm Circle
Delray Beach, Florida 33494
(561) 496-3596
PROFESSIONAL EXPERIENCE
CARDINAL FURNITUKE, L.L.C., Delray Beac'
Owner
C.T.P. FURNITURE, Stratford, Connecticut
Vice President - School Division
DMS ASSOCIATES, Fairfield County, Connect/
Management Service Consultant
TOWN OF WILTON, Connecticut
First Selectman (Elected Office)
WILTON PUBLIC SCHOOLS, Wilton, Connect
Director of Management Servtces
grESTPORT SCHOOLS, Westport, Connecticut
Comptroller
DANBURY PUBLIC SCHOOLS, Danbury, Cor~
Assistant to Superintendent for Business/Finam
SOUWI-t SCHOOL, New Canaan, Connecticut
Teacher
PLYMOUTH STATE COLLEGE, Plymouth, Ne'
Principal of K-8 Laboratory School, and
Director of Student Teaching
Supervising Teacher
CON WAY J/LH3/IEN'I'AI(Y SC. HCR3L, Conway,
Principal
PINE TREE SCHOOL, Center Conway, New Ha
Teach lng Principal
Florida
~ecticut
Hampshire
New l-tmmpshn-e
npshire
G
0
/ 97,2. IPT?
1970- ]97.2.
1966' 196g
195'6- 195g
! 95'0 - 19£q
FAX'
OTHER EXPERIENCE
Small Bustness Owner
Westport, Connecticut
FAIRFIELD UNIVERSITY, Fairfield, Cormecti(
Teacher of Graduate Courses tn Negotiations
UNIVERSITY OF BRIDGEPORT, Bridgeport,
Teacher of Graduate Courses in ~nance
Owner - Real Estate/Construction Business
Plymouth, New Hampshire
Park Commissioner (Electext Office)
Plymouth, l',lew Hamp:drhv
Precinct Commissioner (Elected Officer)
Plymouth, New Hampshh'e
Alternative Representative to House of Represel
fi.om Plymouth, New Hampshire
EDUCATION
National Association of School Executives
University of Bridgeport, C.A.G.S.
Boston University, M.Ed
Plymouth State College, B.S.
PROFESSIONAL AFFILIATIONS
· Boca Katon Chamber of Commerce
o Dclray D¢,,ch Chmnbcr of Conxrncrcr,,
· Connecticut Association of School Business
President-Elect 1972-73 / President 19'73-74
· Connecticut Association of Superintendents
· Conway Teacher Aisociation
President 1955-56
· Danbury Association of School Business Offi,
President 1970-71 / 1978-80
· National Association of School Business Offi~
· Phi Delta Kappa
Vice President - Bridgeport Chapter 1972-73
· lqational School Supply and Equipment Assoc
· Boca Raton Chamber of Commerce
· Delray Beach Chamber of Commerce
· "Council of 100 Club"
~'onnecticut
~tatives
()fficials
:hals
rials
lotion
-BOARD MEMBER APPLICATION
993
'Please type or print the following infonmdon:
2. Home Ad&ess: C~ State Zip Code
3. ~ Read,c,.: Gty Sute ~p ~e
4. ~~ B~ess ~d~s: ~ S~te 7.~n C~e
B. Home Phone: B~ess Phone: E-~ Address: C~ Phone: F~:
6. ~ you n g~stmd vot~?~ If so, wh~e ~e you te~stered?
8. ~st ~ ~91Bo~ds on ~ch you ~ ~fl), s~g ~ ~ve pr~ous~' s~ed: ~l~se ~dude &tes)
9. ~uca~on~ ~fi~fi~s:
10. ~t ~y.~ted professi~ ~~ons ~d [~s~ w~ch you hold:
~ ~,'. ~ ,~ . , .
I hmby ~ ~t ~ ~e a~e s~~ m ~g ~d I ~ ~d ~dm~d ~at ~y ~sm~t of~t~ fac~
SIGNA~ -
Note: This application will ~ on file in the City Clexk's Office fotl~q~l:~{ ~}/~t~from. the chte it was
submitted. It will be the applicant's responsibility to ensuxe th~t~a'~iSl/cn/~Sn is on file.
· AY' 2 2002
Leonard ~J Friedman
Bricf~esmnc
Legislature Director for a NYC Public Employee Union
A member of collective bargaini~-conm~ct negotiating teams
Supervisor of Public Employees
Member of Labor Management Board and Productivity Board ora major public hospital
Internship with National Civil Service League
Associated with other ore_remissions and commi~t~s related to public employees and civil
C
DELRAY BEACH
qtI"
BOARD MEMBER APPi. lCATION
1993
Please type or print the fonowing information..
2. Home Address: City State Zip Code
~. ~g~ Resigns: ~ S~ Zip ~
4~' P~dp~ B~ess A~s: ~ S~e Zip ~
5. Home Phone: B~s Phone: E-M~ A~ess: ~ Phone: F~: ~ g~
6. ~Bo~d(s) ~ey~~ed~~? ~ ,~ ~e~ ~ ~'~~ ~ 'l '
7. ~ ~ ~ Bo~ on ~& you ~ ~ ~g or ~ve p~ ~ ~]~e ~de ~s)
9. ~ ~ r~ profession~ ~~o~ ~d ~ w~ you hold:
Note:
This application will r~ on ~e ~ ~~~ for a ~fi~ of 2 y~ bom ~e &~ itw~
~b~ It ~ ~ ~e app~t's ~o~iY~ m e~e ~ a ~ ~p~on ~ on ~e.
'Il
* BOARD MEMBER APPLICATION
~993
Please D'pe or print the following information:
Home .Address: *
Legal Residence
Principal Business Ad&ess:
I NRI'Ile , Middle Initial
' " I~CibL ' State Z~p Code
. State Zip C~e
Ci ' State ~'ip
Home Pholle' -- .... B~iness Phone: _~._ ] Fax; __
g~/:C ~h~/~e: ~,n~~Park~g mnageme~t ~v~sory ~oard - Citizen-atZtarg{
¢ / ' ~ " --~ .... I
I. ist ~ll CiD' Boards on which you ~e ~t~ently se~ing or have ~fex iousl) s~: (PI~e i~cl~de da~es)
Educational qualifications:
U.,,',, e.s;
9 List an~ selat~]f pr,,--f'~s.~ional cerfiflc,.ions *nd licenses which you hold:
10. Give yom p~egem, or most recent employer, m~d position: '
of gzw~Fl~ointme t~ay receive.
SIGNATURE ~
OCT O 5 ~tO0
CITY CLERK
DATE
I.~)esc, ibc expenen~ e.~, sk~--'d/s'~k~n~;~l~ge which qualify, you to se~e on ~is bo~d: (Please a~ach a briefresumel
I hereby' ce~ify tfiat all the ~bove statements are true, and I agree aad O~de~mfid that any
n,isstatement of material fa~ contai~~t~ation may cause fo.elture upon n,y
Tiffs application will remain on file i'n th~ i~it3' Clerk's Office for a period of 2 yeaxs from the date it was
submined. It will be the applicanx's responsibility to enstu~ that a current application is on file.
DINAU S. STEPKENSON
4785 Tree Fern Drive
I~-DUCATIO~:
De~., 1988
Ma)' J951
t~ffVERSITY OF MIAMI SCHOOL OF LAW, Miami, FL
Rtr. e3~ Jur~
UNIVERSr~ OF ALABAMA. Tuscaloo~ AL
P,~r~ived Bar. l~lor of S~i~.S.) Del~ee
EMPLOYMENT:
992 - Pr~s~t
1993 - Pre, eat
1990 - 1998
1983- 1984
D. STEPHENSON CONSTRUCTION, Boca Rnton, FL
l~¢e Pre, dent. Ch~ef Admtntstratfve Ofl~ce~. Re~pons~lc for daiS,..
supervision of ali adn-~nistrative flmctions of the company, including
St~phwon Realty, Ira., Miami, FL
President, Chtef Execun~e Od~¢er: Re~onsibi¢ for acquis/tions,
c. ootdinafion of real ~ate managemer~ oor~ra~ negotiations, feas~/l~,
analysis, and daily acgouming and supervising of all company owned
S~phenso~ Merchandising & Marketing, lac., Miami, FL
Vice Presidcax: Responsible for strpervismg mzrchandising of products
and supecv~ing daily fun~iom at Amooo Gas Station.
Shum & Bowen, Miami, FL
Responsible for domment prepatm~on in word processh~ division.
ORGANIZATIONS & ASSOCIATIONS:
\
TIlE FLORH)A BAR -
FLORIDA REAL ESTATE LICENSE
BOARD MEMBER APPLICATION
1993
Please type or print the following infomution:
Sta~e Zip Code
4. P~dpfl Bus'ess A~: ~ S~ Zip ~
5. Home Phone: BusNess Phone: E-~ A~ess: ~ Phone: F~:
~ s'o, wh~ ~e you ~e~
9. Ed~fio~ q,,-li~ons:
11. Give yp~ presem, or mo~ ~m ~Pi~r, md ~osifiom
HAY 0 3 2001 ~/v/~/
S~A~ ' CITY CLERK DA~
Note: This application will remain on file in the City Clerk's C~ce for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
~-'ITy~'~OAJU)~pLI~ATION
Jean Sylvia
1050 B North Dr.
Delray Beach, Florida 33445
( 561 ) 265-0799
Birth Date 11/8/40
Sex Female
Occupation Retired
Widow
Brief Background History
Big Chief Lewis Real Estate
Sunrise Highway
Massapequa, N.Y.
1966-1972
Position: Salesperson
By Lou Real Estate
4905 Sunrise Highway
Massapequa, N.Y.
1972-1979
Position: Owner/Broker
Treasury Hotel/Casino
Flamingo Rd.
Las Vegas, Nv.
Position: Dealer
1979-1982
Alladin Hotel/Casino
Las Vegas Blvd.
Las Vegas, Nv.
Position: Dealer
1982-1985
Riviera Hotel/Casino
Las Vegas, Nv.
Position: Floorperson
1985-1999
Secura Electric Contracting
Las Vegas, Nv.
Position: President
1986-1992
Secura General Contracting Secura Wholesale
Las Vegas, Nv. Las Vegas, Nv.
1985-1992 1985-1992
Position: President President
I took a leave from the casino ]ndustrF fo~ a few years to get
actively involved in the family construc~oh businesses, we d~d born
reSidenTial and commercial business.
Memberships
1991-1979, Nassau County Democratic ClUD, District Leader: was actively
involved in local, state and national elec~ons
1968, founded, Massapequa against Drugs, a wale-in Orug ceunceling center.
1970-1979, Massapequa Chamber of Commerce
1966-1979, Long IslAND Board of Real~ors
would be happy to supply more information if you neeo l=.
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~f~
AGENDA ITEM ~-- REGULAR MEETING OF MAY 21, 2002
APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT
SYSTEM BOARD OF TRUSTEES
DATE: MAY 17, 2002
Harry Hamilton's term on the Police and Firefighters Retirement System Board of Trustees will
expire on June 30, 2002. Mr. Hamilton was appointed to his initial term on May 1, 2001 to fill
an unexpired term. He is eligible and would like to be considered for reappointment. The term
is for two years ending June 30, 2004.
In accordance with Section 33.65 (A) (2) of the City Code, the City Commission appoints two
public members of the Board of Trustees. Members need not be residents, property owners or
business owners within the city. The appointee must take an oath of office.
The following have submitted applications for consideration:
Edward Desmond
Joe Federman
Gilbert Forbes
Harry Hamilton
Daniel Kucera
Kenneth Rubin
Melvin Sacharow
(also applied for Code Enforcement Board)
A check to confirm that all are registered voters was completed. Also a check for code violations
and/or municipal liens was conducted. None were found.
Based on the rotation system, the appointment will be made by Commissioner McCarthy, (Seat
#4).
Recommend appointment of one (1) member to the Police and Firefighters Retirement System
Board of Trustees to fill a two year term ending June 30, 2004.
. :.'4.4 .;M rn, M: FAX' }AI;E 2
C
BOARD 'MEMBER APPLICAITiON
1 ~93 I
2031
· ?'::' LLL- ;' pr:~t r]:e follo~kng inforttm6on:
:"~-~=' Desmond N~me Edward I M L C.
Grande. Pa'lm'. Circle '
2,u~h:e~s Ad&~ss: ~ Sure ~ Code
~ 6th Avenue,. S~ite,. 202 Delr~y Beach . FL 334~3
" ' 561) 243-626]
q
Please see attachea
res)
:~ . Plelse,, ,see, attached
JAN 1-6 2002
I
l~o{es6otul cerd,h~c..d, ons ~nd Been.e. wlCeh you hold:
Please see attache6
Cardinal F~niture
19~9- 1995'
977 - I
197Z- 1977
1965'
19~7-1959
195..S'-1O5'7
19,.Gq - 195'5'
EDWARD C. DESMOND
5473 Grande Palm Circle
Delray Beach, Florida 33484
(561) 496-3596
PROFESSIONAL EXPERIENCE
CARDINAL FU-R.NI~, L.L.C., Delray Beac
Owner
C.T.P. FU-RNI~, Stratford, Cormecticut
Vice President - School Division
DMS ASSOCIATES, Fairfield Counts', Cormecti
Management Serviae Consultant
TOWN OF WILTON, Connecticut
First Selectman (Elected Office)
WILTON PUBLIC SCHOOLS, Wilton, Connect
Director of Management Services
g~STPORT SCHOOLS, Westport, Connecticut
Comptroller
Florida
:ut
cut
DANBURY PUBLIC SCHOOLS, Danbury, Conhecticut
Assistant to Superintendent for Business~FinanCe
SOUTH SCHOOL, New Canaan, Connecticut
Teacher
PLYMOUTH STATE COLLEGE, Plymouth, Ne
Principal of K-8 Laboratory School and
Director of Student Teaching
Supervising Teacher
CON WAY J:2LEMMN'I'A.R.Y StZHOt3L, Conway,
Principal
PINE TREE SCHOOL, Cenler Conway, New Ha:
Teach lng Principal
Hampshire
New Hampshire
npshire
C
1972- Ig77
1970- 1972
1966. ~ 96S
1956- 195g
! Wo - lP£q
OTHER EXPERIENCE
Small Business Owner
Westport, Connecticut
FAIRFIELD UNIx,rERSITY, Fairfield, Cormecti,
Teacher of Graduate Courses tn Negotiations
UNIVERSITY OF BRIDGEPORT, Bridgeport,
Teacher of Graduate Courses in Finance
Owner- Real Estate/Construction Business
Piymou~, New Hampshire
Park Commissioner ('Elected Office)
P1)muuth, Hew H~aulp:,ldx~:
Precinct Commissioner (Elected Officer)
Plymouth, New Hampshh'e
Alternative Representative to House of Represet
from Pl)~outh, New Hampshire
EDUCATION
National Association of School Executives
University of Bridgeport, C.A.G.S.
Boston University, M.Ed
Plymouth State College, B.S.
PROFESSIONAL AFFILIATIONS
Boca tLaton Chamber of Commerce
Dclray Dc, nth Chmaxbcr of Con~crc~
Co~ecticul Association of School B~css
President-Elect 1972-73 / President 1973-74
Co~ecticm Association of Super~tendents
Conway Teacher ~sociafion
President 1955-56
D~bu~ A~socia~on of School Business Offi,
President 1970-71 /1978-80
~a~on~ Assoeia~on of School B~ess
P~ Delta Kappa
Vice President - Bfidg~o~ Chapter 1972-73
Natio~l School Supply and Equipm~r ~soc
Boca ~on Ch~ber of Co~erce
De~ay Beach Ch~ber of Co~erce
"Co~cil of 100 Club"
ut
'.onnecficut
tatives
iation
:ia.Is
:ials
~ffici~ls
:BOARD MEMBER APPLICATION
1993 "
type or print the follow~ L,~ormagom
L
Note:. This applkafio,~ ~ll rem,~ on t;le in the Ci~ C]ed~', C~ce for a period of 2 7can from ~ ~ ~ ~ submitt~ h ~1 b~ d~ appli~t's respo~_,;l,,ilky m insure dm a cum= application is on 6k
RECEIVED
*-~PR 21~l 201)1
CITY CLERK
My name'is Joc.P~d'erma"~ :i .~b~n.'(ivin~ ~: Pines West
sinoo July ~>f 1996~'anti hav'c s~6d 'ih/ho' following ~pacities:
in Ne~ York I spent three (3) years on the Citizens Advisory..
C~m~mitte(: to a New York State Azsembl)xama.
In Florida, I served as Chairman of'an Ad hoc Committcc for
Condominium taka)vox from thc Dcvclopor fin Fort L~udcrdalc.
I was active in the Legal, Budget, Fimu~ce and Advisor),
Committee to upd~e the Condominium Documents and By-Laws.
Sexx, ed two (2) oons¢cutive lerms on Ibc Board of Directors and
as President ora 316 unit Condominiunl.
Now serving my flab (fith) year on the Pines Board of
Administration, Financo Committee md served my s~eeund (2nd)
year ~s Vice. Prcsidom of thc Association.
Committee chairman who revised and updated thc Pines West
I)ocumems and By-Laws for the Association in 2001.
I am on the D¢lray Beach Mayor's Advisory Council Committee,
Attend semi-monthly City Commission Meetings and lh¢ Dclray
Beach Forum fi~r Visions 2010 Assembly conducted by Florida
Atlanti~ Univorsity. A graduate of the first L~lray B~ach Residents
A~ademy and then graduated ti'om Citi:,~n$ Poligc Agadcmy Class.
I was involved in two C2) building programs as Pur0hzsing
Director these wcrc ~s follows:
1-South Nassau Community Hospital located in Long Island, N.Y.
Involved in a $30 mfliJon dollar building and expansion program.
2- The sccond ho~pita! was Miami Hcart Ins[irate located ia Miami
BCacl~, Florida. A $68 millinn dollar bu/]diag and cxpansion
program was startcd in th= cady 1980's.
Both programs involved building code enforc=ment in accordance
with toeal City, State and Federal rcgulstiorc~.
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
Gilbert C. Forbes
1120 Warrenhall Lane
Atlanta, Georgia 30319
(404) 865-2992 Office
(404) 255-1120 Residence
Summary
Twenty-eight years of broad-based Banking experience encompassing sales, sales management,
product training, consumer asset management, consumer lending, residential mortgage lending,
commercial mortgage lending and branch admires' tration.
Experience
FIRST UNION CORPORATION- 1986 to Present Iqqb
Senior Vice President, Consumer Banking Director/Manager 1993- [~set~t
Atlanta, Ga
Initially promoted to Director of the consumer banking activities for Metropolitan Atlanta, Georgia.
Managed 117 branches with $4.4 billion in deposits, representing 8% ofF/mt Union's total retail
branch network. Active member of the Merger Task Force responsible for the consolidation and
integration of Georgia Federal & Decatur Federal into F/mt Union. In 1994 the decision was made
to eliminate the Director position to increase direct management involvement at the branch level.
Became one of six managers focused on increasing overall branch performance in the Atlanta
market.
· As Director, Branch asset production rose from near last pIace position to f/mt or second place
in all categories. CAP account (Asset Management Account) sales increased over 800% during
this period.
· During the merger, deposit retention exceeded due diligence assumptions and merger salary
budget came in well below salary expense goal, as staffing levels were achieved well ahead of
target.
· As Manager, exceeded combined Direct Loan/Pl=l~ and Mortgage production goals. Was second
in Georgia and third in the company in SBLU production. Also was first in investment
· revenues.
Vice President, Consumer Banking Manager 1988- 1993
Directed growth of the retail franchise from one Branch and $18mm in deposits to 45 Branches and
$4.5 Billion in deposits. Area of responsibility included Dade and Monroe Counties. During this
period, most sales management categories increased from a distant last to first place. Dade County
was the highest earnings franchise within First Union with a Bank Group ROE of 29.91%.
Managed retail banking organization through seven bank mergers.
Vice President, Regional Consumer Banking Director 1986- 1988
Pompano Beach, Fl.
Provided direction in establishing and achieving regional consumer goals for 74 banking centers.
In this staff role, directed merger activities during F/mt Union's initial entry into the South Florida
market. Coordinated training initiatives and was actively involved in developing and implementing
business plans with particular emphasis on asset production. Was committee Chairman for
development of original "Branch Compare" incentive plan in Florida. Member Florida Consumer
Banking Committee.
C
Gilbert C. Forbes Page 2
Experience (continued)
SOUTHEAST BANKING CORPORATION- 1971 to 1986
Miami, Florida
Vice President and Manager - Commercial Mortgage Department 1985 - 1986
Managed the commercial mortgage department (income property loans under $2 million) state-wide
for mortgage company affiliate of Southeast Bank, N.A. During this period originated $4.2mm in
commercial mortgages.
Senior Vice President, Consumer Loan Product Manager 1983- 1985
Managed consumer loan portfolio for state-wide bank, covering 163 banking centers. Increased
consumer loan volume more than 300% from 1983 to 1984. Credit insurance sales increased 25%
each year. Directed consolidations of three consumer credit operation centers into one.
Senior Vice President, Regional Consumer Banking Coordinator 1980-1983
Managed the retail asset portfolio of four-county, $800 million regional bank having 44 banking
centers. Regional representative to state-wide consumer banking committee.
Vice President - Product Manager 1976- 1980
Promoted to Asset product manager for Southeast Banking Corporation to develop new consumer
loan products and increased profitability of existing products. Developed and implemented
revolving credit products in branch system and developed a unique video sales training program to
teach customer focused selling techniques.
Vice President - Mortgage Banking 1971- 1976
Managed the second mortgage production and portfolio of one of Miami's largest mortgage
banking firms. During this period, opened seven 2nd Mortgage offices and initiated the formation
of a small loan (516F.S.) company (Southeast Consumer Finance) through which to fund 2nd
Mortgages. Developed Mortgage Guarantee Product with American Bankers.
LON WORTH CROW COMPANY (acquired by Southeas0
Manager, Servicing Department - Loan Administration
Managed mortgage servicing department (25 employees and 30,000 mortgages) of Miami
mortgage banking fa're. Started and managed a Second Mortgage function.
Education
I.HqlVER51TY OF MIAMI
BBA degree in Finance - 1965
NORTHW~TERN UNIVERSITY
Graduate of the School of Mortgage Banking,
References furnished upon request.
DELRAY BEACH
BOARD MEMBER APPLICATION
1993
Please type or print the following information:
1. L,~ N~, t_.~.../
2. Home ~ddress:
3. Legal Residence:
4. Prindpal Business Address:
State
State
State
IVLL
Z¥Co&
Zip Code
5. Home Phone: [ Business Phone: [ E-Mail Address: [ Cell Phone: Fax: ,
I
) ·
7. N~ ~ ~W Bo~& on ~ch you ~ mn~ se~g or ~ve p~om~ se~e& ~le~e ~clu& &tes)
9. List any related professional certifications and licenses which you hold:
10. Give your present, or most rec.e~n.t employer, and positiom
~,~,,,~s -- /.'~e f~', o~= ,,,r - ll,~,,.,.~,, (~-~,~~'- ,
11. Desc,_ribe,~. experiences, skills or knowledge which qualifi/you to serve on .this~board: (Please attach a brief resume)
I here_by/rtify that all the above ~taternents are true, and I agree ~d understand that any misstatement of material facts
m ='ve'
Note: Tl~s applicalion will remain on file kl~ (~it~r~s O{fice {or a period o£ 2 years {rom the date it w~s
submlt~ed. I~ will be r~e applicant's responsibility ~o ensure ~al a curren~ applicadon is on ~e.
~C rrYcLF. R~OAR~)~P~IC ATION
BOARD MEMBER APPLICATION
1993
Please type or print the {ollowlng information:
2. Home Address:
3. Legal Residence: Cky State Zip Code
4. Prindpal Business Address: City State Zip Code
5. Home Phone: I Business Phone: E-Maih ~ ._.._
~. Li~t ~11 City Bo~r& o_n ~nich you ~-~ currmtly serving or have previously sexved: (Please include dates)
8. Educational
9. List any related professional certifications and licemes which you hold:
I
10' Giv, e your P~ed~mo~t rec~a~ t em~log.~r, and P°~tion: (~ 'x
11. Describe experiences, skills or knowledge which qualify you to serve on rh;, bard: (Please arr¢ch a brief resume)
I hereby certify tl~ all the above statements are true, and I ~ree and understand that any rn;~statement of material facts
contained in this application may cause forfeiture o..f _my appointment I qaay r~.eive.
sx APR f 0 2001 DAT~ / ! '
/'~ I'I'V f'~l !" PI I!
Not~ Tl~s applicadon ~ rem~ on ~]e in the t~i~ Cle~¥~i~ {or a period o{ 2 years {rom the date
subn~t~ecL It ~ Be the applicant's responsibility to ensure that a current applicadon is on ~le.
b~crrY CI.ERK~OARI~A~PLIC &TION
Biography Page 1 of 1
F'
Venetian Capt.[/ nagement
561 27~ 0O47
dkucera~venetiancap,com
Venetian Capital Nlanagement is owned and operated by
Daniel J. Kucera of Delray Beach, Rodda.
Dan ts a ~-aduate of Nlarist Cotter, Peu~hk~, NY.,
1983.
He went to work with/~erriil Lynch in 1984 and worked
there unfit January of 2000. As a Financial Consultant, Dan
specialized in equity management and direct investments
into the debt markets, shying away from packaged
investment products. In addition, Dan served as Retail
Coordinator of syndicated products mostly managing the
distribution of IPO's.
In 2000, Dan Joined Harch Capital of Boca Raton to be
portfolio manager of their private equity fund, called the
Leverage Equity Opportunity Fund. As rnanager of the
equity portion of the fund, Dan oversaw the firm's
investments of $75 million into the equity markets.
Dan is still affiliated with Harch Capital providing equity
management on a part time basis. With this relationship,
Venetian Capital Management has access to a full array of
investment research from such names as JP Morgan, Merrill
Lynch, Goldman Sachs Nlorgan Stanley Dean Witter, First
Call and Wm. O'lqei[ Co. amongst numerous others.
Venetian Capital AAanagement is also affiliated with Advisors
Capital of Tfipp, Connecticut. Advisors Capital is one of the
foremost managers of mutual fund assets specializing in
asset allocation and sector rotation. Bob Ntann, President
of Advisors Capital gained recognition for protecting his
investors capita[ durimj the market crash of 1987 and co-
authored a book on technical analysis called Non Random
Profits.
The use of technical analysts combined with a thorough
review of fundamentals separates our management style
from the traditional ' buy and hold' managers.
d_jk 1258~ bellr~uth.net
h~p ://www. ve~etisncap, com/Biography.htm 4/10/2001
(-
° DELRAY BEACH
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
Please type or print the following information:
2. Home. Address: ' State Zip Code
3. Leg~ Residence Ci~ S~te Zip Code
4. Pfincip~ Bminess Ad.ess:~~~~~ State Zip Code
6. Wha[Board(s) ~ you inter, stud in
7. List all Ci~ Boards on which you ~e cu~ently se~ing or have p~viously seined: (Ple~e include dates)
8. multi,hal qualffications:
~. List any relat,d professional ce~ifications and licenses which you hold:
0. ~ve your p~sent, or most ~cent employer,)nd ~sition:
I. De~ribe experiences, skills or knowledge ~ich quali~ you to se~e on ~is ~d: (Ple~ a~ch a brief resume)
hereby ce~i~ that afl the above statements are t~e, and ~ agree and unde~tand that any
misst~~t of material facts co~~ ~ ~~li~tion may ~use fo~eiture upon my pa~
off. ointment I ~ receive. ' ~ ~ ~ I V ~ ~ ~ --
OITY OLE K
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
b'~TrYcLER~O~CATION
1978-1985
KENNETH $ RUBIN
695 ENFIELD CT
DEI. RAY BEACH, FL 33444
561-265-2988
LEADERSHIP PALM BEACH COUNTY, GRADUATE 198S
ORGANIZZNG (X)MMITII~: LEADERSHIP DEI.RAY BEACH
BOARD OF DIRF_.CII3RS AND EXECI.rrIVE ~ SOUTH COUNTY
MENTAL HEALTH ~ 1982-PRESENT
TRUSTEE, PENSION PLAN, SOUTH CiR/KI~ MENTAL HEALTH CEKI'ER,
1996-PRESENT
BOARD OF DIREr, DI~ RAY BF. ACH TENNIS CE2qTER 19~2-1993
MANAGER/COACH DELRAY BEACH NATIONAL Lrl'rLE LEAGUE 1993-PRESENT
VOLUNTEER BASEBALL COACH, CARVER MIDDLE SCHOOL, 1996-1998
VOLUNTEER VARSITY TENNIS COACH, ATLANTIC HIGH SCHOOL,
1999-PRESENT
CHAIRMAN, UNIVERS~ OF MASSACHUSETTS VARSITY TENNIS TEAMS
SPRING TRAINING AND BENEFIT TOURN~ TRIP TO DELRAY BEACH,
1999-PRESENT
PAST PRESIDENT, DELRAY BEACH TENNIS CENTER, 1988-1993
DIRECTOR, KINGSL~ HOMEOWNERS ASSOCIATION, 1991-1993
PRESIDENT & CFO, DELRAY GOLFV~W CONDO~ ASSOC., 1982-PRESENT
ORGANIZING CoMMrlTE:DELRAY LAKES HOIVlF. O~
ASSOCIATION(NEWLY FORMED)
NEW ATLANTIC HIGH SCHOOL BOOS~ CLUB COI~WLY FORMED)
VARSITY TENNIS COACH, UNIVERSITY OF MASSACHUSETTS, 1976-1977
SPONSOR, DELRAY BEACH YOU'I~ COUNCIL
mm{mm m
F/NANCJA£ CONSULTANT/]~
PMK SEC~ AND ~CH
310 EAT~CA~ D~Y B~CH ~ 33483
FINANCIAL CONSULT.4NT/INVE. STMrENT ADI/ISOR
JtV GENESIS SECURITIES
400 E LINTON BLI/D DELRAY BEACH FL 33483
I/ICE PRESIDENT AND REGIONAL MANAGER
SUNT~USTBANK
1800 $ FEDERAL Ht~ DI~.I.~v,4y BEACH FI. 33444
1975-1978
1972-1976
MBA, UNIVERSITY OF MASSACHUSETTS, AMH]H3~T, MA 01003
B$, UNIVERSIIW OF MASSACHUSETTS, AMttERST, MA 01003
CITY OF DELRAY BEACH
BOARO MEMBER APPLICATION
1993
2001
] 5 Home Phone: I Business Phone: I £-Mzil Address: I Cell Phone: ] Fax:
List any zelated pzofe~oaal c.eni~atipns
I hereby Cer~ th~! ~ll the above'statements are true, *nd I s~e ami tmdmumd that shy m~ststemem of ms~em] fact~
con~inecl m this sm~licstionarm, cruse forfeitu~ upon my pan of'my ~pointme~t I may receive._
SIGNATURE .
Note.: This ~pplication viii remain on ~ in the CiD' Clerk's Office for a peziocl of 2 yeats from the date it was
APR 1.6 2OO2
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR SCHMIDT
CITY MANAGER ~
APPOINTMENT TO
COMMISSION/APPOINTMENT TO POLICE
RETIREMENT SYSTEM BOARD OF TRUSTEES
DATE: MAY 17, 2002
PUBLIC EMPLOYEES RELATIONS
AND FIREFIGHTERS
Commissioner McCarthy will be out-of-town on May 21, 2002 and will not attend the City
Commission Meeting that night. She is scheduled to appoint one (1) regular member for the Public
Employees Relations Commission (PERC) and one (1) member for the Police and Firefighters
Retirement System Board of Trustees.
Commissioner McCarthy has requested that you make her appointments in her absence. She
recommends the following appointments:
· Dinah Stephenson for the Public Employees Relations Commission (PERC)
· Harry Hamilton for the Police and Firefighters Retirement System Board of Trustees
Attached is a copy of her recommendations for appointments.
S'\C~ty Clerk\chevelle folder\agenda memos\MayorSchrmdt. Comm. McCarthyAppts 05 21 02
TO:
CITY OF DELRAY ,B~
[fly ELR Y BErI[H
DELRAY BEACH
Ail-America City
1993 FROM:
2001
100 N.W lstAVENUE
MEMORANDUM
David T. Harden, City Manager
oobertA. Barcinski, Assistant City Manager
DATE: May 16, 2002
DELRAY BEACH, FLORIDA 33444
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING
MAY 21, 2002 SPECIAL EVENT APPROVAL -
ART & JAZZ ON THE AVENUE
ACTION
City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled
for June 27, 2002 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR
Section 2.4.6. (H) for the closure of Atlantic Avenue from Swinton to N.E. 7th Avenue,
the south side of Atlantic Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub,
Railroad Drive from Atlantic to N.E. 1 st Street, and NE 2nd Avenue from Atlantic Avenue
to NE 2na Street, and to authorize staff support for security and traffic control, banner
hanging and removal, barricade set up and removal, clean up, use and set up of City
stages.
BACKGROUND
Attached is a request for approval and City assistance for this event from Marjorie Ferrer.
The estimated overtime cost for this event is $8,500. City Commission has capped the
amount the City would pay for overtime at $6,500. Actual overtime costs for May's
event were $8,520. Due to budget constraints Ms. Ferret is requesting waiver of all
overtime costs. A copy of the hold harmless agreement, insurance certificate, and event
budget is attached. This is not a new event.
RECOMMENDATION
Staff recommends endorsement of the event, approval of the temporary use permit and
street closure, staff support as requested, use and set up of stages, and City barricades
with an overtime cap of $6,500.
RAB/tas
cc: Lt. GeoffWilliams
Joe Weldon
Harold Bellinger
File:u.sweeney/events
Doc: Agenda Art and lazz on the avenue 062702
561/243-7000
THE EFFORT ALWAYS MATTERS
Printod on Recycled Paper
May 10, 2002
Mr. Robert A. Barcinski
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
atlantic
RE:
AGENDA ITEM - CITY COMMISSION APPROVAL
SPECIAL EVENT REQUEST - ART & JAZZ ON THE AVENUE
Dear Mr. Barcinski:
City Commission is requested to endorse the Art & Jazz on the Avenue event
scheduled for Thursday, June 27, 2002 and to grant a temporary use permit per
LDR'S section 2.4.6(H) for use of City property and right of way.
We are requesting street closure on Atlantic Avenue for the following areas only:
o Atlantic Avenue from Swinton to NE/SE 7th Avenue
o South side of Atlantic Avenue from 7th to just past the Blue Anchor
Pub
o Railroad Way from Atlantic Avenue to N.E. 1st Street
o NE 2nd Avenue from Atlantic Avenue to NE 2nd Street
Closure will be from 6:00 p.m. to 10:00 p.m.
We are requesting that the City provide staff support for barricade setup and
removal, trash removal and clean up, police security for traffic control, monitoring
the FEC railway crossing, stage use setup and removal, and banners and
signage setup and removal.
The City support of this event, with no charge to the Joint Venture, is crucial to
our success. Your consideration and cooperation is very much appreciated.
Sincerely,
MARJORIE FERRER
Downtown Coordinator
/sk
DELRAY BEACH JOINT VENTURE · Community Redevelopment Agency · Delray Beach Chamber of Commerce · Downtown Development Authority
64-A S E F~fth Avenue, Delray Beach, FL 33483 ° Tel 561-278-0424 ° 561-278-0555 · wwwdelraybeachwllagebythesea corn
The Plas=ric[~e Ag~n=y, mc.
P. o. Dr~w~= 7~0
Delra~ ~e&=h FL 33447
Phone:$6~-276-5221 F~c:561-276-5244
,01/09/02,,,, . WED 10;~0 FAX $$1278~44 FLAS~RIDGE
CERTIFICATE OF LIABILI INSU NC _2
0~/09/02
TH~ C~FI~TE ~ ~UED ~ · MA~ER O~ INFORMATION
ONLY~D CONFERS NO RI~S ~ ~E CERT~CA~
HOL~ ~IS CE~T~CATE ~ES NOT ~END~ ~END OR
AL~R ~E C~E~ AFFO~ BY ~E ~IES B~OW.
INSURERS AFFORDING COVERAGE
COVERAGES
t
AelY AUTO
~ OWN~ ~U~Os
NOi~OWNED AUTo. S
ANY AUTO
~.XC~ UAEILITY
.._.~ =UR ['-~ CLAIMS MADr'
R~110~
WORK.S CO~NSA~
E. MPLOYER~' L,tA~.lLI1-'f
bESCl~"p.~oRr OF ~r~7:,CTt,~$1LO~A-EiOfl,~.A,r~.r, cL~5,/:E,,CCLU~CZ~,L~.AOO~D }'v ENOOR~.~.'3.flENT;$p.eC,AL P~OVISX3N$
Sl000000
;1000000
slO00000
$ exc. i
on t.he Av~nu~ e.'sd 8 £.u~me= l~ights on the Avenue.
CERI~FICATEHOLDER
C=t~ of Del=;.~- Beach
100 N.W. ls= A=~nue
Delray ~each FL 33444
·CORD ~-S
OA~ THEREOF, ~E I~!NG ~UKER ~ E~O~R TO MAIL ~ CAY5 ~,,, ~
~ NO O~IGAT~ OR ~gtL~ O~ A~Y ~N0 U~N ~E INsUR~ ~5 ~G~') =~
~ACO~ CO~~ 1ssa
,SPECIAL EVENT
HOLD HARMLESS AGREEMENT
The Downtown Delray Beach Joint Venture in consideration of the payment of ten (10)
(Name of Entity)
dollars, receil~t of which is hereby acknowledged, agrees to indemnify, hold harmless
and defend the City of Delray Beach, its agents and employees from all suits, actions
and claims including attorney's fees and costs attendant to any claim, litigation,
administrative proceeding, appeal and judgment of every name and description brought -
against the City as a result of loss, damage or injury to person or property arising from
and in exchange for the Downtown Delray Beach Joint Venture use of City facilities or
- . (Name of Entity)
p'roperty for the special event 'b~-Art & Jazz 'on the Avenue* and h~reby releaser the
City of Delray Beach, its agents and employees from all suits, actions and claims
including attorney's fees and costs attendant to any claim, litigation, administrative
proceedings, appeal and judgment of every name and description brought against the
City as a result of loss, damage or injury to person or property adsing from the special
event of Art & Jazz on the A~enue
(Name of Entity)
* This Indemnification and Hold Harmless and Defend A'~r~ement is only to th~ extent
of insurance maintained by the Downtown Detray Beach Joint Venture as covered
under Scottsdage Insurance Company Policy number CLS0737702
Art & Jazz on the Avenue
(Name of .Special Event)
Witness
(Please type or pdnt name)
Witness ~
Michael Listick
(Please type or print name)
Chairman, Delray Beach Joint Venture
Titl.._~e
Please type or print name)
D~'~ B~_~,cH Joerr V~-vr-t~.- Communit~ Redevelopment Agency. Dekay Bea~:'h Chamber of Commerce · Downtowu Develolmaeng Authori~
6-I-A $.E. Ftft. b Avenue. Delray Beach. FL 33483 * Tel: 561-278-0424 * 561-278-0555 * vnu~.cletraybeachvitl%~ebyfl~r~m-com
~3/27/2002 18:57 5512788555 DB CI-~ME~~ PA~ e2
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM [0m'-~REGULAR MEETING MAY 2L 2002 ORDINANCE
NO. 13-02 (AMENDMENT TO HISTORIC DESIGNATION/FONTAINE
FOX HOUSE)
DATE: MAY 17, 2002
This is second reading and a quadjudicial hearing for Ordinance No. 13-02 (A) mending Ordinance
No. 70-89. The Fontaine Fox historic designation contains approximately 2.5 acres of land and
consists of Lots one (1), two (2), and three (3) of the Ocean Apple Estates Plat and the south ten (10)
feet of Lot three (3) (lying east of A1A) Block E, of the plat of Palm Beach Shore Acres. Lot one (1)
lies on the east side of Ocean Boulevard (615 North Ocean Boulevard) while lots two (2) and three
(3) lie on the west side of Ocean Boulevard (610 North Ocean Boulevard) between North Ocean
Boulevard and Andrews Avenue.
Ordinance No. 13-02(A) retains the historic designation on the entire property and limits the height
on the new lots immediately west of the Fontaine Fox buildings to twenty-eight (28) feet Ordinance
No. 13-02(A) modifies the density restriction from three O) to four (4) dwelling units and establishes
a minimum of a 100 foot buffer between the existing rear wall of the Fontaine Fox House and any
newly created lot to the west In addition, Ordinance No. 13-02(A) requires that the lot directly to the
North (622 North Ocean Boulevard) be processed for inclusion in the local register of Historic
Places.
Ordinance No. 13-02 (A) was approved on first reading at the regularly scheduled City Commission
meeting of May 7, 2002 based upon positive findings with respect to Chapter 3 (Perfomaance
Standards) of the Land Development Regulations (LDR), policies of the Comprehensive Plan, and
LDR Section 4.5.1.
Recommend approval of Ordinance No. 13-02 (A) on second and final reading, based upon staff
recommendation.
S:\City Clerk\chevdle fokie~\ngtmda memm\On~13.02.0~.21.02 Amend. Fontaine Fox Hou~doc
(4) That the entirety of Lot 1, Plat of Hancock Subdivision, currently addressed as 622
N. Ocean Boulevard be listed in the Local Register of Historic Places and approved by the City
Commission. The applicant must go through the full process and not voluntarily withdraw the
designation application and such designation process must be completed prior to the recordation of
the proposed final plat. This item shall not be required if the City Commission fails to approve the
designation.
(5) No dwelling unit used or developed on that portion of the Fontaine Fox Historic
Site which lies east of State Road A-1-A shall contain more than two thousand and four hundred
(2,400) square feet of gross floor area.
Section 2. If the provisions of Section 1 are not met then the following shall apply:
(1) No more than three dwelling units shall be used and/or developed within the
boundaries of the Fontaine Fox Historic Site. This includes the two dwelling units currently
· existing on the site.
(2) No dwelling unit used or developed on that portion of the Fontaine Fox Historic
Site which lies east of State Road A-1-A shall contain more than two thousand and four hundred
(2,400) square feet of gross floor area.
Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED-AND ADOPTED in regular session on second and final reading on this the
day of ,200..
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
2 ORD. NO. 13-02
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COM2~ISSIONERS
cxTy ^GER
AGENDA ITEM - RE(3U~ ,MEETING MAY 2L 2002 ORDINANCE
NO. 13-02 (AMENDMENT TO HISTORIC DESIGNATION/FONTAINE
FOX HOUSE)
DATE: MAY 17, 2002
This is second reading and a qu~j#didal hearing for Ordinance No. 13-02 (A) mending Ordinance
No. 70-89. The Fontaine Fox historic designation contains approximately 2.5 acres of land and
consists of Lots one (1), two (2), and three (3) of the Ocean Apple Estates Plat and the south ten (10)
feet of Lot tktee (3) (lying east of A1A) Block E, of the plat of Palm Beach Shore Acres. Lot one (1)
lies on the east side of Ocean Boulevard (615 North Ocean Boulevard) while lots two (2) and three
(3) lie on the west side of Ocean Boulevard (610 North Ocean Boulevard) between North Ocean
Boulevard and Andrews Avenue.
Ordinance No. 13-02(A) retains the historic designation on the entire property and limits the height
on the new lots mediately west of the Fontaine Fox buildings to twenty-eight (28) feet. Ordinance
No. 13-02(A) modifies the density restriction from three (3) to four (4) dwelling units and establishes
a minimum of a 100 foot buffer between the existing rear wall of the Fontaine Fox House and any
newly created lot to the west. In addition, Ordinance No. 13-02(A) requires that the lot directly to the
North (622 North Ocean Boulevard) be processed for inclusion in the local register of Historic
Places.
Ordinance No. 13-02 (A) was approved on first reading at the regularly scheduled City Commission
meeting of May 7, 2002 based upon positive findings with respect to Chapter 3 (Perfomaance
Standards) of the Land Development Regulations (LDR), policies of the Comprehensive Plan, and
LDR Section 4.5.1.
Recommend approval of Ordinance No. 13-02 (A) on second and final reading, based upon staff
recommendation.
S:\City Clerk\chevelle folder\agenda memo~\Ord.13.02.05.21.02 Amend. Ftmtaine Fox Home.doc
TO:
THROUGH:
FROM:
SUBJECT:
p~U.~DT~A~.~I~TY MANAGER
LING. DIRECTOR OF PLANNING AND ZONING
WEN~~, HI I~C PRES ERVATION PLANNER
MEETING OF MAY 7, 2002
REQUEST FOR AN AMENDMENT TO ORDINANCE 70-89 FOR A PARCEL OF
LAND LOCATED AT 610 8, 615 NORTH OCEAN BOULEVARD (THE FONTAINE
FOX HOUSE)~ APPROXIMATELY 900' SOUTH OF GEORGE BUSH BOULEVARD
BETWEEN ANDREWS AVENUE AND THE ATLANTIC OCEAN; AN INDIVIDUALLY
LISTED HISTORIC PROPERTY.
Ordinances 12-02A, 12-02B, and 12-02C reflecting the application request and recommendations by
City Staff and the Historic Preservation Board for the development of additional lots on the subject
property were brought before the City Commission on March 19, 2002 for its first reading. The second
reading was held on April 2, 2002, and the ordinances were denied. The City Commission provided
direction to prepare a modified ordinance which is now before the City Commission for first reading.
The ordinance proposes to modify the existing Ordinance 70-89 in the following way:
1) Maintain the geographical boundaries of the historic designation as set forth in Ordinance 70-89.
2) Modify the density restriction from three to four dwelling units.
3)
Establish a minimum of a 100 foot buffer between the existing wall at the rear of the Fontaine Fox
House, located at 610 N. Ocean Boulevard, and any newly created lot to the west, by requiring
the west lot line of any newly created lot containing the Fontaine Fox House (as it currently
exists), to be a minimum of 100 feet from the existing rear wall (as it currently exists).
4)
Restrict the height of any new construction to 28-feet, on any newly created lot immediately west
of and adjacent to, the lot containing the existing structures located at 610 & 622 North Ocean
Boulevard (State Road A1A).
5)
That the entirety of Lot 1, Plat of Hancock Subdivision (Plat Book 76, Page 175), currently
addressed as 622 North Ocean Boulevard, be listed in the Local Register of Historic Places and
approved by the City Commission. The designation process for local listing is to be completed
prior to recording the proposed final plat.
Ordinance 13-02A, accommodating these changes, is now before the City Commission for review and
approval.
The applicant is proposing an alternative to Ordinance 13-02A that proposes three versus two lots
west of the Fontaine Fox House; a 60' versus 100' buffer;, no height restrictions on the lots
immediately west of both histodc structures (610 & 622 North Ocean Boulevard); removal of the two
western lots from the current designation; and the addition of property to the north into the current
local historic designation.
City Commission Documentation
Meeting of May 7, 2002
Fontaine Fox Historic Property
Page 2
There is a concern that this proposed altemative has not received formal review by the Histodc
Preservation Board. Further, the removal of the western two lots from the existing designation,
creation of three lots versus two, and the omission of the height restriction on the two lots is
inconsistent with the recommendation of the Historic Preservation Board. In addition, the inclusion of
additional property within the existing historic district requires a formal process and review by the
Histodc Preservation Board. Given these factors, staff does not support the alternative ordinance as
proposed.
Approve Ordinance 13-02A on first reading and set the public hearing for the City Commission
Meeting of May 21, 2002. Recommend denial of Ordinance 13-02B as proposed.
ORDINANCE NO. 13-02
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 70-89
THAT PROVIDED FOR THE HISTORIC DESIGNATION OF THE
FONTAINE FOX HOUSE AND PROPERTY; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, Ordinance No. 70-89 was adopted on October 24, 1989 and provided for the
historic designation of the Fontaine Fox House and property as described in L.D.R. Section
4.5.1(K)(2), and allowed the development of a total of 3 dwelling units on the site which would
include the development of a house on the east side of A-l-A, provided certain conditions were
met; and
WHEREAS, there currently exists the Fontaine Fox house and a house on the east side of
A-1-A within the historically designated area; and
WHEREAS, the current owner of the Fontaine Fox house and lands west of A-1-A wishes
to amend Ordinance No. 70-89.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE crrY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 2, "Requirements of Designation" of Ordinance No. 70-89 of the
City of Delray Beach is hereby repealed in its entirety and replaced by a new Section 2,
"Requirements of Development" to read as follows:
Requirements of Development.
The requirements of development are as follows:
(1) Two dwelling units currently exist on the historic site, an additional two dwelling
units are allowed on the historic site west of A-1-A and to the rear of the currently existing
Fontaine Fox House but beyond the 100' buffer as described in Subsection 2.
(2) The developer shall establish a minimum of a 100' buffer between the existing wall
at the rear of the Fontaine Fox House, located at 610 North Ocean Boulevard, and any newly
created lot to the west, by requiring the west lot line of any newly created lot containing the
Fontaine Fox House, as it currently exists, to be a minimum of 100' west of the existing rear wall
as it currently exists.
(3) The developer shall restrict the height of any new construction to 28' of any newly
subdivided lot immediately west of and adjacent to any newly created lot containing the existing
structures currently located at 610 & 622 North Ocean Boulevard.
(4) That the entirety of Lot 1, Plat of Hancock Subdivision, currently addressed as 622
N. Ocean Boulevard be listed in the Local Register of Historic Places and approved by the City
Commission. The applicant must go through the full process and not voluntarily withdraw the
designation application and such designation process must be completed prior to the recordation of
the proposed final plat. This item shall not be required if the City Commission fails to approve the
designation.
(5) No dwelling unit used or developed on that portion of the Fontaine Fox Historic
Site which lies east of State Road A-1-A shall contain more than two thousand and four hundred
(2,400) square feet of gross floor area.
Section 2. If the provisions of Section 1 are not met then the following shall apply:
(])
boundaries of
· existing on the
No more than three dwelling units shall be used and/or developed within the
the Fontaine Fox Historic Site. This includes the two dwelling units currently
site.
(2) No dwelling unit used or developed on that portion of the Fontaine Fox Historic
Site which lies east of State Road A-1-A shall contain more than two thousand and four hundred
(2,400) square feet of gross floor area.
Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,200
ATTEST
MAYOR
City Clerk
First Reading·
Second Reading
2 ORD. NO. 13-02
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM I O ~>, . REGULAR MEETING OF MAY 21. 2002
ORDINANCE NO. 14-02 (IMMOBILIZATION OF VEHICLES)
DATE: MAY 17, 2002
This is second reading and public hearing for Ordinance No. 14-02 by mending Chapter 71,
"Parking Regulations", of the Code of Ordinances by enacting Section 71.092, "Immobilization of
Vehicles by the City to collect outstanding parking fines". Authorizing the Police Depaxm.ent to
attach a "Denver boot" or other nondestructive device to a motor vehicle preventing the vehicle from
being moved via its own power under the following conditions:
The motor vehicle has, on at least five (5) prior occasions, been found
stopped, standing, or parked on any street, alley or thoroughfare within the
City in violation of a state law or City ordinance for which parking tickets
have been issued and to which the registered owner has failed or refused to
respond by requesting an administrative heating before the City Manager's
designee or a court date to contest the parking tickets or by paying the civil
penalties indicated upon the parking tickets or imposed by court order.
At the first reading on May 7, 2002, The City Commission passed the Ordinance No. 14-02
unanimously.
Recommend approval of Ordinance No. 14-02 on second and final reading.
S:\Caty Clerk\chevelle folder\agenda memo~\Ord. 14412.05.21.02
TO:
THRU:
FROM:
DAV~HA~~, CITY MAN AG ER
PAUl_ O~RL~TOR OF PLANNING& ZONING
SCOTT ARONSON, PARKING MANAGEMENT SPECIALIST
SUBJECT:
MEETING OF MAY 7, 2002 - REGULAR AGENDA
REVIEW OF PROPOSED IMMOBILIZATION ORDINANCE
AMENDING CHAPTER 71 OF THE CITY CODE OF ORDINANCES
BY ENACTING SECTION 71.092 "IMMOBILIZATION OF VEHICLES
BY THE CITY TO COLLECT OUTSTANDING PARKING FINES"
At the November 13, 2001 City Commission Workshop, staff was directed to create an
immobilization ordinance to address the collection of outstanding parking fines.
The following highlights the major points of the proposed ordinance:
1. Vehicles with five (5) outstanding violations are eligible for immobilization.
2. Illegally parking in a handicapped zone counts as three (3) violations.
3. Once meeting the criteria, the registered owner shall be served notice via U.S. Mail.
The owner will have ten (10) calendar days from the receipt of notification to: pay all
outstanding fines and penalties, request an administrative hearing, or request a court
date to contest the fines.
4. Vehicle owners have the right to request an administrative hearing to determine that
the vehicle was propedy immobilized pursuant to this ordinance.
5. Boot removal fee is established at $25.00 in addition to the payment of all outstanding
fines and penalties.
6. Vehicles remaining immobilized in excess of twenty-four (24) hours shall be towed
from their location and impounded until all outstanding penalties, boot removal
charges, and the cost of towing and impoundment are paid.
7. Cost of repair to, or replacement of, the immobilization device will be assessed to the
vehicle owner if the device is damaged, destroyed, or if a vehicle is moved without
returning the immobilization device. This cost will not exceed $500.00.
8. This section shall be applied retrospectively so that any outstanding citation or
summons shall be includable in determining whether the requirements of Paragraph
(A)(1) have been met.
,~. ~? ~ ~......,.~.~i~ .... ~_~ ~,~A ,EWLB~T~ER~ · ,~ ~.....
The Parking Management Advisory Board, at their meeting of April 23, 2002, unanimously
recommended approval of the proposed Immobilization Ordinance.
By motion, approve the amendment to Chapter 71 of the City Code of Ordinances by
enacting Section 71.092, "Immobilization of Vehicles by the City to Collect Outstanding
Parking Fines."
Attachment:
[] Proposed Immobilization Ordinance
ORDINANCE NO. 14-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DRI.KAY BEACH, FLOKIDA, AMENDING THE
CODE OF ORDINANCES, BY AMENDING CHA~ 71,
"PARKING REGULATIONS", BY ENACTING SECTION
71.092, "IMMOBILIZATION OF VEHICLES BY THE CITY
TO COLLECT OUTSTANDING PARKING FINES", TO
PROVIDE PROCEDURES FOR THE IMMOBILIZATION
OF VEHICLES THAT HAVE A CERTAIN NUMBER OF
UNPAID PARKING TICKETS OUTSTANDING;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER. CLAUSE, AND AN EFFECTIVE DATE.
WHERF. AS, there are certain owners and operators of vehicles who have failed to pay
parking tickets issued by the City of Dekay Beach; and
WHEREAS, the City Commission has determined it to be in the public's best interest to
have these owners and operators of vehicles pay their parking tickets on time.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELKAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 71, "Parking Regulations", of the Code of Ordinances of the City
of Dekay Beach, is hereby amended by enacting Section 71.092, "Immobili~.afion of Vehicles by the
City to Conect Outstanding Parking Fines", to read as follows:
Section 71.092 IMMOBILI[ZATION OF VEHICLES BY THE CITY TO COLLECT
OUTSTANDING PARKIN~ FINES
(A) Any poli$¢. 0ltl,er employed by the City. is hereby authorized to attach a "Denver boot"
or other nondestructive device, which prevents a vehicle from being moved under its own power, to
a motor vehicle under the following conditions:
(1) The motor vehicle has. on at least five .(5) prior occasions, been found
stopped, standing or parked on any street, alley or thorou_~_hfare within the City. in viohdon
of a state law oF City. ordinance for which parking tickets have been issued and to which the
re~stered owner has failed or refused to respond by requesting an administrative hearing
before the City. Manager's des'_ignee or a court date to contest the parking tickets or by paving
the dvil penalties indicated upon the parking tickets or imposed by court order. A parking
ticket issued for parking in a handicapped parking space shall count as three (.5) occasions or
tickets for the purposes of this ordinance.
I ORD. NO. 14-02
(.2) The re~c~istered owner of the motor vehicle has been given wxitten notice by
mail (to the address listed by the Florida Department of Highway Safety. & Motor Vehicles)
o1: otherwise that the provisions of this section will be enforced ~a~ainst the motor vehicle
unless, not more than ten (10) calendar days from the date of receipt of the notice, the
owner shall pay the civil penalties for all such outstanding parking tickets, or request an
administrative hearing before the City. Mana~t, er's des'~L~nee to determine whether the
immobilization of the vehicle is warranted or notifies the Cit3,' that he has requested a court
heating for the unpaid tickets: and
(3) Thc re~stercd owner of the motor vehicle has failed or refused to respond to
the notice described in paragraph (3.)(2) above by pa.ving such dvil penalties or requesting an
administrative hearing or court heaxing: and
(4) . If ~¢ qwlaer or opexator of such vehicle requests an administrative heating_.
the City. Mana~r's des'~tgnee shall ~L~ant an administrative heating within ten (10) working
days from the date of such request. Immobilization shall be warranted ff the City. Manager's
desi~tmee finds that the City. has correctly followed the notice procedures of this section and
there axe a suffident number of outstanding parking tickets. The owner or operator may
appeal the City. Man _~r's des'_~nee's decision to the City. Manager.
device
~) The City. shall maintain a current list of all motor vehicles to which an immobilizing_
m~y be attached ptllsuant to this section.
(C) The mobilizing device shall be attached to the motor vehicle at any location within the
City. where the motor vehicle may be found, if the location is in a right-of-way or a place where the
public is invited to travel, except that no motor vehicle shall be immobili~.ed within the traveled
portion of any street or in any portion of any street when immobili~.afion at such place would create
a hazard to the public 91r ~9 traffic.
fiD) At the tirl0¢ t~l$[ ~ immobilizing device is attached to a motor vehicle_ a notice shall be
affixed to the windshield and ~9 the left front window (drivers side) stating that the immobili:,.ing
device has been attached and cautioning the operator not to attempt to operate the motor vehicle or
to attempt to r~Ilove the immobili:,.ing device. The notice shall inform the owner or operator of the
motor vehicle of the total mount of civil penalties assessed under the citations for which the motor
vehicle is immobilized, plus the removal charge for removal of the immobiliv, ing device, and the
location to which the owner or operator must ~ in order to pay the civil penalties and removal
char_ye and have the L,l~obi. l.i~ing device removed from the motor vehicle.
(E) Except as pl:ovided in subsection ~ below, the immobili~.ing device shall be removed
from the motor vehicle only upon payment, of the civil penalties assessed under the citations for
which the motor vehicle has been immobili~.ed, plus the removal charges, or upon the authorization
2 ORD. NO. 14-02
of the City. Manager's des'_mnee. Payment may be made in the form of cash. cashier's check, money.
order. MasterCard or Visa. Payment shall be made at the City. of Delray Beach Pohce Department.
300 W. Atlantic Avenue. Delray Beach.
~ The owner or operator of a vehicle which has been imrnobili~ed with an immobilizing
device shall have the right to request the City. Manager's des'ugnee to conduct an administrative
hearing for the purpose of determining whether such vehicle was properly immobilized in
accordance with the terms of this section. The hearine shall be held durine normal business hours
(3M-F 8:00 ~,m. to 5:00 p.m.. excluding holighays) and within twenty, four (24) hours of ~ch a request
being made if the City. Manager's des'_~gnee is available. If said immobilization occurs after normal
City. business hours (M-F 8:00 a.m. to 5:00 p.m.) said hearing will be scheduled with~ 24 hours of
the opening of the business. The owner or operator requesting the hearing shall receive notice of its
date. time and phce at the time the request is made. If. upon the conclusion of the hearing, the City.
Manager's des'cgnee determines that the vehicle was properly immobilized in accordance with the
terms of this section, the owner or operator, in order to obtain the removal of the immobilizing_
device, shall pay the CiF the amount indicated in subsection .rE). If the City. Manager's des'_mnee
determines that the vehicle was not properly immobilized, the immobili~.ing device shall be removed
as soon as possible. The owner or operator may appeal the decision of the City. Manager's des'_mnee
to the City. Manager.
(G) The removal char~ for the authorized removal of an immob~ device is hereby
established in the amount of twenty five doll. s (S25.00).
(H) As an additional remedy, if an immobilizing device remains on a motor vehicle for more
than twenty-four (.24) hours; any motor vehicle described in subsection (A) may be towed from any
location where it may be found within the city., if the location is in a right-of-way or a place where
the public is invited to travel and shall be impounded until the r _effistered owner pays all outstanding
civil penalties, the removal charge and the costs of towing_ and impoundment.
~ This sectiot} shall De app]j¢O retrospectively so that any outstanding citation or summons
shall be includable in gl~;exmining whether the requireal~ents of Paragraph (A)(1) have been met.
~ The City. Mana~r ~hrdl have the right to appoint the Parking Mamgem_ ent Specialist or
another desianee to conduct the administrative heatin~s.
~ If the immobili~.ing device is destroyed or d~rna_aed while placed on a motor vehicle, the
owner of the motor vehicle shall be responsible for the costs to ret~air such damage or to replace the
immobilizing device ff destroyed. However. in no event shall such charges exceed $500.00. Such
charges shall be paid prior to the release of the motor vehicle. If an immobilizing device is placed
on a motor vehicle and tatle motor vehicle is moved without returning the immobilizing device, the
owner of the motor vehicle ~hall then be res.tmnsible for the replacement cost of the immobilizing
3 ORD. NO. 14-02
Section 2. That should any section or provision of this ordimmce or any portion thereof,
stay paragraph, sentence, or word be dechred by a court of competent juri.~diction to be inv~d, such
decision shfdl not affect the validity of the remainder hereof as a whole or part thereof other t/mn
the part decla,ed to be invalid.
Section 3. That all ordinances or parts of orain~nces in conflict herewith be, and the same
~re hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADO~ in reguhr session on second ~nd firml trading on this the
thy of ,200 .
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
4 ORD. HO. 14-02
[IT¥ OF DELRI:I¥ BEI:I[H
CITY ATTORI EY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
DATE: May 16, 2002
MEMORANDUM
Writer's Direct Line' 561/243-7091
TO:
FROM:
David Harden, City Manager
Brian Shutt, Assistant City Attorney
SUBJECT: Modifications to Chapter 51
The attached ordinance modifies Chapter 51 of the Code of Ordinances regarding
garbage and trash collection to provide consistency between the Code of
Ordinances and the franchise agreement entered into between the City and BFI.
The major changes to the ordinance concern the definitions of certain terms, billing
procedures, and the inclusion of rolloff containers into the franchise agreement.
I have made the changes you requested as a result of our last meeting.
Regarding your question concerning the definition of "Construction and Demolition
Debris", the revised definition mirrors what is found in the franchise agreement.
The reference to F.A.C. 17-7, in the current definition, is no longer applicable, as
Florida Statute Section 403.703 provides for the definition of "Construction and
Demolition Debris", and to a large extent mirrors the revised definition in the
proposed ordinance. If this ordinance meets with your approval please place it on
the May 21, 2002 City Commission agenda. Please call if you have any
questions.
Attachment
CC:
Joe Safford, Finance Director
Rich Bauer, Code Enforcement Administrator
ORDINANCE NO. 1~-02
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 5 l, "GARBAGE AND TRASH",
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING SECTION 51.01, "DEFINITIONS", TO CLARIFY CERTAIN
DEFINITIONS; BY AMENDING SECTION 51.15, "GARBAGE AND TRASH
COLLECTION RESERVED EXCLUSIVELY IN CITY OR ITS
CONTRACTORS", TO PROVIDE ROLL-OFF COLLECTION IS ALSO
EXCLUSIVE TO THE CITY'S CONTRACTOR; BY AMENDING SECTION
51.18, "TYPES OF SERVICES PROVIDED FOR PICKING UP GARBAGE
AND TRASH", SUBSECTION (B), "REAR-DOOR/SIDE-DOOR SERVICE",
TO SPECIFICY THE DAY FOR VEGETATION COLLECTION; BY
DELETING SECTION 51.21, "COMMERCIAL LANDSCAPE OR LAWN
MAINTENANCE BUSINESS; RESPONSIBILITY FOR TRASH
COLLECTION"; BY AMENDING SECTION 51.22, "VEGETATIVE WASTE",
TO SPECIFY A COLLECTION DAY AND PROVIDE THAT VEGETATIVE
WASTE MAY NOT BE CO-MINGLED; BY AMENDING SECTION 51.45,
"CONSTRUCTION AND DEMOLITION SITES", TO PROVIDE FOR THE
ADDITION OF ROLL-OFF CONTAINERS INTO THE CITY'S FRANCHISE
AGREEMENT; BY AMENDING SECTION 51.70, "REGULAR CHARGES
LEVIED", SUBSECTION (C), "COMMERCIAL", TO CLARIFY THE
SERVICES AND RATES CHARGED; BY AMENDING SECTION 51.71,
"PAYMENT AND BILLING", TO CLARIFY THE BILLING FOR MULTI-
FAMILY; BY AMENDING SECTION 51.72, "METHOD OF BILLING FOR
CHARGES", TO CLARIFY THE BILLING FOR MULTI-FAMILY;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, the City entered into a franchise agreement with BFI on September 20, 2001
for solid waste collection services; and
WHEREAS, the City Commission wishes to amend the City's Code of Ordinances on
solid waste collection to provide consistency between the Franchise Agreement and the City's
Code of Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 51, "Garbage and Trash", Section 51.01, "Definitions", of
the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
Section 51.01 DEFINITIONS.
To the extent the definitions contained herein conflict with similar definitions contained
in any federal, sate or local law, the definition herein shall prevail.
Biohazardous or Biomedical Wastes: shall mean those wastes which may cause
disease or reasonably be suspected of harboring pathogenic organisms; included, but not limited
to, waste resulting from the operation of medical clinics, hospitals, and other facilities producing
wastes which mat consist of, but are not limited to, diseased human and animal parts,
contaminated bandages, pathological specimens, hypodermic needles, contaminated clothing and
_surgical gloves.
Biological Waste: Shall mean solid waste that causes or has the capability of causing
disease or infection and includes, but is not limited to, biohazardous waste, diseased or dead
animals, and other waste capable of transmitting pathogens to humans or animals.
Bulk Trash: Shall mean any non-vegetative item which cannot be containerized, bagged
or bundled including, but not limited to, inoperative and discarded refrigerators, ranges, toilets,
pool heaters, water softeners, pianos, washers, dryers, bath tubs, water heaters, sinks, bicycles,
and other similar appliances, household goods, furniture, large boxes, barrels and crates, and
shall not be commingled with vegetative waste or any other type of refuse.
Ci .ty: The City of Delray Beach, Florida, or the City's authorized agents or contractors.
Ci.tT Manager: Shall mean the City Manager of the City of Delray Beach or his/her
designee.
Collection: Shall mean the process whereby solid waste, garbage, trash, bulk trash,
vegetative waste or recyclable material is removed and transported to a Designated Facility.
2 Ord. No. 1 $-02
Commercial Trash: Shall mean any and all accumulations of paper, rags, excelsior or
other packing materials, wood, paper or cardboard boxes or containers, sweepings, and any other
accumulation not included under the definition of garbage, generated by the operation of stores,
offices, and other business places. Commercial trash shall include furniture if properly
containerized. Commercial trash shall not include Special Waste.
.............. r ................ r ..... 7, F.A.C. shall mean materials genera considered
to be not water soluble and non-hazardous in nature, including, but not limited to, steel, glass,
brick, concrete, roofing material, pipe, gypsum wallboard, and lumber from the construction or
destruction of a structure as part of a construction or demolition project.
Contractor or Vendor:
BFI Waste Systems of North America, Inc.
Department: Shall mean the Florida Department of Environmental Protection.
Designated Facility: Shall mean a disposal processing, recovery, recycling or transfer
facility designated by the Solid Waste Authority or the City Manager.
Disposal Costs: Shall mean the "tipping fees" or landfill costs charged to the Contractor
by others for disposal of the waste collected by the Contractor.
Dwelling Unit: One or more rooms connected together, designated to be occupied by
one family, constituting a separate, independent housekeeping establishment and physically
separated from any other dwelling unit which may be in the same structure, and which contains
independent sanitation, living, cooking and sleeping facilities.
Garbage: Shall mean all putrescible waste which generally includes but is not limited to
kitchen and table food waste, animal, vegetative, food or any organic waste that is attendant with
or results from the storage, preparation, cooking or handling of food materials whether attributed
to residential or commercial activities.
in '&e :~e cc!!ect~cn. G~bage shall not include ~y matefi~ ~at falls ~in ~e deflation of
Special W~te.
Garbage Receptacle: Shall mean any commonly available light gauge steel, plastic or
galvanized receptacle of a non-absorbent material, closed at one end and open at the other,
furnished with a closely fitted top or lid and handle(s). A receptacle also includes a heavy duty,
securely tied, plastic bag designed for use as a garbage receptacle. Any Garbage receptacles
:-~"a:~- or waste materials shall not exceed fifty (50) gallons in capacity or fifty (50) pounds in
weight for ov.~er': ~c-*~: ..... ~ ,~.;,.,., ~...,. ~-~ ~u ...... :~... ~...~ m~x .~n~ ~, .... n~..,
~. Rollout containers provided by the City may be 32, 68 or 95 gallon size containers.
Hazardous Waste: Shall mean solid waste as defined by the State of Florida
Department of Environmental Regulations as a hazardous waste in the State of Florida
Administrative Code, or by any future legislative action or by federal, state or local law.
3 Ord. No. 15-02
Industrial Wastes: Shall mean any and all debris and waste products generated by
manufacturing, food processing (except in restaurants and homes), land clearing, and commercial
shrubbery or tree cuttings, building construction or alteration (except residential do-it-yourself
projects) and public works type construction projects whether performed by a government unit or
by contract.
Litter: See Chapter 98 of the Code of Ordinances of the City of Delray Beach.
Loadin~ and Unloading, Area: Any loading or unloading space or area used by any
moving vehicle for the purpose of receiving, shipping, and transporting goods, wares,
commodities, and persons.
Loose Refuse: Any refuse, either garbage or household trash stored in and collected
from any type of container other than a mechanical container or garbage can receptacle related to
multiple family dwellings or the designated facility. Refuse that is collected from the ground is
considered loose refuse.
Mechanical Container: Shall mean and include any detachable metal or plastic
container designed or intended to be mechanically dumped into a loader/packer type of garbage
truck used by the Contractor and includes any motorized or electrical compactor of ten (10)
yards capacity or less. Mechanical containers may be constructed of plastic. Further, all
mechanical containers must be uniform in color, have closeable lids, and be free of any
advertising or other information other than an 8-1/2" x 11" sticker with the name, address and
telephone number of the Contractor.
Multiple Dwelling Units: Shall mean any building containing five (5) or more
permanent living units, not including motels and hotels.
Parking Lots: Commercial and public lots designed for the parking of any vehicles with
the exception of residential parking.
Person: Any natural person, owner, agent, corporation, partnership, association, firm,
receiver, guardian, trustee, executor, administrator, fiduciary, occupant, lessee, tenant, or
representative or group of individuals or entitles of any kind.
Premises: Lots, sidewalks, alleys, rights-of-way, grass strips, and curbs up to the edge of
the pavement of any public thoroughfare.
Private Property: Property owned by any person as defined in this section, including,
but not limited to, yards, grounds, driveways, entrance or passage ways, parking areas, storage
areas, vacant land, or body of water. For the purpose of this chapter, "Private Property" owners
are required to maintain rights-of-way up to the edge of the pavement of any public
thoroughfare.
4 Ord. No. 15-02
Public Property: Any area that is used or held out to be used by the public, whether
owned or operated by a public interest, including, but not limited to, highways, streets, alleys,
parks, recreation areas, sidewalks, grass strips, medians, curbs, or rights-of-way up to the edge of
the pavement of any public thoroughfare of body of water.
Recyclable Materials: Shall mean newspapers (including inserts), magazines and
catalogs, aluminum containers, aluminum foil and pie plates, plastic containers, glass bottles and
jars, corrugated cardboard, brown paper bags, mixed paper, drink boxes, milk and juice cartons
and other solid waste materials added upon agreement between the Solid Waste Authority and
the Contractor, when such materials have been either diverted from the remaining solid waste
stream or removed prior to their entry into the remaining solid waste stream.
Recycling: Shall mean any process by which solid waste, or materials which otherwise
become solid waste, are collected, separated or processed and reused or returned to use in the
form of raw materials or products.
Refuse: Shall mean commemial lrash, household trash and garbage or a combination of
mixture of commercial trash, household trash and garbage, including paper, glass, metal and
other discarded matter, excluding commercial recyclable materials.
Residential Do-It-Yourself Proiects: Minor residential repairs done exclusively by the
homeowner.
Residential Service: Shall herein refer to the refuse, recycling and vegetative waste
collection service provided to persons occupying residential dwelling units within the City who
are not receiving commercial or multi-family services. This would include single family homes,
duplexes, triplexes, quadplexes and mobile homes.
Rolloff Collection Service: Shall mean the collection of construction and demolition
debris using open top rolloff containers within temporary locations in the City, limited to new
construction sites and remodeling or refurbishment sites. Rolloff collection service shall also
mean the collection of horticultural or agricultural wastes at horticultural or agricultural
nurseries, but only when the customer chooses to use open top rolloff containers for horticultural
or agricultural waste, and horticultural and agricultural waste shall not include any other type of
waste, including, but not limited to, Special Waste, Garbage or Recyclable Materials.
Roll-Out Carts: Carts that are either a 32, 68 or 95 gallon (approximate) wheeled
container of a type approved by the City Manager or his designee, and shall be equipped with
wheels and a lid.
Sludge: Includes the accumulated solids, residues and precipitates generated as a result
of waste treatment or processing, including wastewater treatment, water supply treatment, or
operation of an air pollution control facility, and mixed liquids and solids pumped from septic
tanks, grease traps, privies, or similar waste disposal appurtenances.
5 Ord. No. 15-02
,Special Waste: Shall mean solid or liquid wastes that require special handling and
management, which are not accepted at a landfill or other disposal facility or which are accepted
at a landfill or other disposal facility at higher rates than is charged for refuse, including, but not
limited to, asbestos, whole tires, automobiles, boats internal combustion engines, non-automobile
tires, sludge, dead animals, septic tank waste, hazardous waste, used oil, lead-acid batteries, and
biohazardous or biomedical wastes.
Trash: Shall mean ail refuse, accumulation of paper, excelsior, rags, wooden or paper
boxes and containers, sweepings, broken toys, tools, utensils, and ail other accumulations of a
similar nature other than garbage, which are usual to housekeeping and to the operation of stores,
offices and other business places, but shall not include vegetative waste.
Vegetative Waste: Shall mean any vegetative matter resulting from yard and
landscaping maintenance and shall include materials such as tree and shrub materials, grass
clippings, palm fronds, Christmas trees, tree branches and similar other matter usually produced
as refuse in the care of lawns, landscaping and yards. All grass clippings, leaves, pine needles,
and similar small loose items must be bagged or containerized. Vegetative waste, except palm
fronds, must be no more than six (6) feet in length and no single item shall weigh more than 50
pounds. Natural Christmas trees shall be considered vegetative waste and will be collected if
they are not more than 8 feet in length and weigh less than 50 pounds. Vegetative waste does not
include any form of matter or debris resulting from tr-ee--r-em~,~, land clearing; or land
Section2. That Chapter 51, "Garbage and Trash", Section 51.15, "Garbage and
Trash Collection Reserved Exclusively in City or its Contractors", of the Code of Ordinances of
the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows:
Section 51.15 CARP.nACE AND TP~S.£H REFUSE COLLECTION RESERVED
EXCLUSIVELY IN CITY OR ITS CONTRACTORS.
The governmental function of collection, removal and disposition of all -~,'~' ..... .~ ,.n~.
rolloff containers and refuse within the municipal limits of the City is exclusively vested in the
municipal government of the City or its contractors, and all other individuals, persons, firms, or
corporations are specifically and expressly prohibited from engaging in that practice or business
within the corporate limits of the City and from utilizing the publicly dedicated streets, alleys and
other thoroughfares for those purposes.
Section 3. That Chapter 51, "Garbage and Trash", Section 51.18, "Types of Services
Provided for Picking up Garbage and Trash", Subsection (B), "Rear-door/side-door service", of
the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
Section 51.18 TYPES OF SERVICES PROVIDED FOR PICKING UP GARBAGE AND
TRASH.
6 Ord. No. 15-02
(B) Rear-door/side-door service.
(1) For the residential area of the City located east of the Intracoastal
Waterway, Spanish Wells and Sherwood Park, garbage and trash shall be collected at least twice
each week on regular schedules and routes as determined by the City or its contractor from the
rear, side or front of and adjacent to the served residences, at locations reasonably accessible to
the City or its contractor.
(2) All vegetative waste and bulk trash shall be placed adjacent to the
pavement or traveled way of the street, in containers or bundles less than 50 pounds each and
with no dimension over six feet each:, and +~'~
,..,.n Vegetative waste shall be collected on oae-ogthe
o~..,.,.,.,,,.~*'~'~"~'~ e,----"'~',,,-~,~ ..... ,,,,..,,,,,.,,..u~+:"" ---.,'~ .... o. the first scheduled collection day of the week.
Section4. That Chapter 51, "Garbage and Trash", Section 51.21, "Commercial
Landscape or Lawn Maintenance Business; Responsibility for Trash Collection", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is hereby deleted in its
entirety.
DI~ODIh¥~II~TT I"'l"¥ U/ID 'T'D A Oil pat · [-,p'rtn~
Section 5. That Chapter 51, "Garbage and Trash", Section 51.22, "Vegetative
Waste", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
Section 51.22 VEGETATIVE WASTE.
(A) Vegetative waste shall be collected from residential areas -+ 1~.~+ ....~ +: .....
................ game .~ ,,.., ................ . 3 ...........~,,,, on
collection day of the week. Collection shall begin no earlier than 6:00 a.m. and cease no later
than 6:00 p.m. Vegetative waste shall be placed adjacent to the pavement or travel way of the
street/alley. Residents shall bag or containerize all grass clippings, leaves, pine needles and
similar loose items whenever possible. Large vegetative waste items must not be more than six
(6) feet in length or fifty (50) pounds in weight, and shall be placed neatly at the curb.
Vegetative waste shall not be co-mingled with trash or garbage. In the event of a dispute
between the contractor and a customer as to what constitutes vegetative waste, the situation will
be reviewed and decided by the City Manager, whose decision shall be final.
Section 6. That Chapter 51, "Garbage and Trash", Section 51.45, "Construction and
Demolition Sites", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the
same is hereby amended to read as follows:
7 Ord. No. 15-02
Section 51.45 CONSTRUCTION AND DEMOLITION SITES.
It shall be unlawful for any construction or demolition contractor to fail to provide onsite
suitable receptacles, bulk containers or detachable containers for loose debris, paper, building
material waste, scrap building material and other trash produced by those working on the site.
All material shall be containerized by the end of each day, and the site shall be kept in a
reasonably clean and litter-free condition. The number of receptacles, bulk containers or
detachable containers shall be determined by the City Manager. Construction sites shall be kept
reasonably clean and orderly at all times. When roll-off containers are used they shall be
obtained from the City's Contractor. In the event a person or entity has entered into an
,agreement for the use of a roll-off container with another waste collection company prior to the
effective date of this Ordinance, the other company shall be allowed to provide roll-off collection
service until the expiration of the agreement.
Section 7. That Chapter 51, "Garbage and Trash", Section 51.70, "Regular Charges
Levied", Subsection (C), "Commercial", of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
Section 51.70 REGULAR CHARGES LEVIED.
(C) Commercial
(1) Commercial customers shall use mechanical containers or rollout carts.
Commercial customers shall include all customers other than residential or multi-family
customers. Commercial customers may use any of the following containers for accumulation of
refuse:
(a) Rollout carts. The City shall require any commercial customer
needing more than six (6) rollout carts to use mechanical containers, if feasible.
(b) Mechanical containers.
(2) The owners/operators of commercial establishments and other commercial
customers shall accumulate such refuse in those locations mutually agreed upon by the
owner/operator and the City or its contractor, and which are convenient for collection by the City
or its contractor.
(3) Containers emptied by mechanical means shall be provided by the City or
its contractor. These containers shall be emptied on a schedule mutually agreed upon by the
customer and the City or its contractor, but not less than one day a week ncr mere *Z~n :-.'x fay: a
(4) Commercial customers needing six (6) or less rollout carts, and those
approved for this type of service by the City in advance because they lack a suitable location for
a mechanical container shall be serviced at least once per week. All garbage and commercial
8 Ord. No. 15-02
trash shall be collected from such refuse containers at location agreed to between the City or its
contractor and the customer. The charge shall be based upon the following schedule:
Commercial Rates (Monthly)
Container
Size
Container Pickup Frequency (Per Week)
2yd 1 _2 3 _4 _5 6
Collection $10.83 $21.65 $32.48 $43.30 $54.13 $64.95 $75.78
Disposal 16.28 32.56 48.84 65.12 81.40 97.68 113.97
Container
Maintenance Fee 19.40 19.40 19.40 19.40 19.40 19.40 19.40
Total-
Contractor Fees 45.21 71.01 96.82 122.62 148.43 174.24 209.15
Franchise
Fees (5%) 2.33 3.68 5.04 6.39 7.75 9.10 10.46
Total Fees $48.84 $77.29 $105.76 $134.21 $162.68 $191.13 $219.61
3 yd
Collection $16.24 $32.48 $48.71 $64.95 $ 81.19 $97.43 $113.66
Disposal 24.42 48.84 73.26 97.68 122.11 146.53 170.95
Container
Maintenance Fee 21.44 21.44 21.44 21.44 21.44 21.44
Total
Contractor Fees $62.10 $102.76 $143.41 $184.07 $224.74 $265.40
Franchise
Fees (5%) 3.11 5.14 7.17 9.20 11.24 13.27
4-940
21.44
$~
306.05
15.30
Total Fees $65.21 $107.90 $150.58 $193.27 $235.98 $278.67
321.35
Container
Size Container Pickup Frequency (Per Week)
9 Ord. No. 15-02
4 yd
Collection
Disposal
Container
Maintenance Fee
Total
Contractor Fees
Franchise
Fees (5%)
Total Fees
6 yd
Collection
Disposal
Container
Maintenance Fee
Total
Contractor Fees
Franchise
Fees (5%)
Total Fees
$21.65 $43.30
32.56 65.12
3_ 4 s_ 6_ 2
$64.95 $86.60 $108.25 $129.90 $151.55
97.68 130.25 162.81 195.37 227.93
22.21 22.21 22.21 22.21 22.21 22.21 22.21
$76.42 $130.63 $184.84 $239.06 $293.27 $347.48 $401.69
3.82 6.53 9.24 11.96 14.66
$80.24 $137.16 $194.08 $251.01 $307.93
17.37 20.08
$364.85 $421.77
$32.48 $64.95
48.84 97.68
$97.43 $129.90 $162.38 $194.85
146.53 195.37 244.21 293.05
25.53 25.53 25.53 25.53 25.53 25.53
$106.85 $188.16 $269.49 $350.80 $432.12 $513.43
5.34 9.41 13.47 17.54 21.61
$112.19 $197.57 $282.96 $368.34 $453.73
25.67
$539.10
10 Ord. No. 15-02
Container
Size
Container Pickup Frequency (Per Week)
8 yd
Collection
$43.30 $86.66 $129.90 $173.20 $216.50
Disposal
65.12 130.25 195.37 260.49 352.62
Container
Maintenance Fee
$259.80
390.74
Total
Contractor Fees
27.09 27.09 27.09 27.09 27.09 27.09
Franchise
Fees (5%)
_7
$303.10
455.86
Total Fees
27.09
2yd
$135.51 $243.94 $352.36 $460.78 $569.21 $677.63 $786.05
6.78 12.20 17.62 23.04 28.46
$142.29 $256.14 $369.98 $483.82 $597.67
3yd
Commercial Front-Load Compacting Containers
1 2 3
$50.67
183.19
233.86
11.69
$245.55
5yd
Collection
Disposal
Total Contractor Fee
Franchise Fee (5%)
Total Fees
$16.89
61.08
77.97
3.90
$81.87
$126.66
457.91
584.57
29.23
$613.80
6yd
Collection
Disposal
Total Contractor Fee
Franchise Fee (5%)
Total Fees
Collection
Disposal
Total Contractor Fee
Franchise Fee (5%)
Total Fees
33.88
$711.51
4
$42.21
152.62.
194.83
9.74
$204.57
Collection
Disposal
Total Contractor Fees
Franchise Fee (5%)
Total Fees
39.30
$825.35
$202.64
732.64
935.28
46.76
~982.04
11 Ord. No. 15-02
Commercial/Multi-Family Rolloff Containers:
Open-top rolloff container
$93.00 per pickup plus disposal cost
Compactors
$93.00 per pickup plus disposal cost;
DT T TC~ ~.f'1-,1 ..... +~.:~.~..,.
Excludes commercial recycling .,,,..,
95-Gallon Cart Service
Pickups
Per Week Collection* Disposal Container Monthly Charge Fr. Fee Total Fee
1 $2.65 $8.14 $2.00 $12.79 $0.64 $13.43
2 5.30 16.28 2.00 23.58 1.18 24.76
3 7.95 24.42 2.00 34.37 1.72 36.09
4 10.60 32.56 2.00 45.16 2.26 91.09
5 13.25 40.70 2.00 55.95 2.80 58.75
6 15.90 48.84 2.00 66.74 3.34 70.08
NOTE: The foregoing rates are based on $28.00 per ton ($1.88 per cubic yard), which is the
anticipated Solid Waste Authority tipping fee to be effective October 1, 2001.
Section 8. That Chapter 51, "Garbage and Trash", Section 51.71, "Payment and
Billing", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
Section 51.71 PAYMENT AND BILLING
(A) Compensation: The City shall pay the Contractor compensation for the
performance of the contract, the sums due as set forth in Section 51.70, subject to any conditions
or deductions as provided under the contract. Contractor shall submit an invoice by the l0th of
each month for residential services rendered during the preceding month, and payments will be
made to the Contractor within thirty (30) days upon receipt and verification of the invoice
12 Ord. No. 15-02
submitted. ~..~,:... ,-~_;~ .... a v ....... :~ .... :"~,,~,. Service to commercial customers will be
billed directly by the Contractor in accordance with the Schedule of Rates set forth in Section
51.70, subject to any conditions or deductions as provided under this agreement.
(B) Billing Procedures: Billing arrangements for the various service types are
summarized as follows:
Service Type
Customer Billed By
Solid Waste Collection
Residential & Multi-Family
Commercial ~
City
Contractor
Vegetative Waste Collection
Residential City
Recyclable Materials Collection
Residential & Multi-Family
Commercial &-M'aPA-F~mai~
City
Contractor
Contai Re tal/Purchas ~-'~ t-~_,.:_~, e--~:n~
her n e ............... v ............ .
Residential & Multi-Family City
Commercial & Multi Family Contractor
Container Snecial Services
Residential, Multi-Family & Commercial
Contractor
On the first day of each month the contract payment(s) for all services hereunder shall be
adjusted to correspond with the occupancy of existing or new buildings, and the demolition of
old buildings. The adjustment made on the first day of each month shall be for buildings either
occupied or demolished during the second month preceding the adjustments. For example, any
change which is made on June 1 of any year will be for buildings occupied or demolished in
April of the subject year. Any existing unit shall be considered unoccupied whenever the City
has temporarily terminated water service, at the customer's request only. Any new unit shall be
considered to be occupied when a certificate of occupancy has been issued and water service has
been provided to the unit's occupant(s). Proof of demolition shall be demolition permits issued
by the Building Department.
(C) ,,Disposal Costs: Residential and multi-family solid waste disposal costs shall not
be included with residential and multi-family collection service costs. Residential and multi-
family disposal costs will be billed by the Solid Waste authority of Palm Beach County by non-
ad valorem assessment. The Contractor will be given a disposal credit for each residential unit
as calculated by the Solid Waste Authority. However, the City shall not be responsible for
disposal shortfall costs.
13 Ord. No. 15-02
Part of the commercial disposal costs will be billed by the Solid Waste Authority by non-
ad valorem assessment. The non-assessment portion of the commercial disposal costs will be
billed to the commercial customers by the Contractor. The Contractor shall pay the Solid Waste
Authority for all solid waste disposal costs incurred and not paid through non-ad valorem
assessment.
The Contractor shall bill commercial customers the appropriate fees as set forth in
Section 41.70: (1) Container Monthly Maintenance Charge; (2) the Container Monthly Disposal
Charge; and (3) the Monthly collection and Hauling Fees with a franchise fee as determined by
the city added. The Contractor shall remit all franchise fees to the City on a monthly basis. The
City shall not be responsible for any disposal shortfall costs. However, the charge for disposal to
the customer shall increase or decrease in accordance with the charges for the Solid Waste
Authority.
Section 9. That Chapter 51, "Garbage and Trash", Section 51.72, "Method of billing
for Charges", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby anaended to read as follows:
Section 51.72 METHOD OF BILLING FOR CHARGES.
The regular monthly charges for residential services as set forth in Section 51.70, or any
additional charges for special, additional or unusual services, shall be billed together with and as
a part of the monthly statement issued by the City for water services, at the same time as all other
charges. Garbage and trash collection service charges shall be itemized separately on that
statement. However, the City's contractor shall bill the commercial customers r~
~,-~----J~;I'T and ....... ~....-..~.~....;~ o.~ ..... :~.~., as set forth in Section 51.70, the monthly service charges for that
service. This may include a late fee in the amount of 1.5% of the unpaid balance for delinquent
.-m.~ fam:.!y and of commercial ~ customers.
accounts recei;':.ng ~'
TM
Section 10. 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 11. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 12. That this ordinance shall become effective immediately upon its passage on
second and final reading.
14 Ord. No. 15-02
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,200
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
15 Ord. No. 15-02
CITYDELKI:I¥ BEI:I£H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993 DATE: May 16, 2002
MEMORANDUM
Writer's Direct Line: 561/243-7091
TO:
FROM:
David Harden, City Manager
Brian Shutt, Assistant City Attorney
SUBJECT: Modifications to Chapter 35
In November of 200I a Collective Bargaining Agreement was executed with the
NCF&O (blue collar union) for the period from October 1, 2001 to September 30,
2004. Under Article 13, Section 4, of the Agreement, no contribution from an
employee shall be required for the pension plan unless an actuarial evaluation
indicates that contributions are required to properly fund the plan. Section 4
further provides that if contributions are required, the City and the bargaining unit
members shall equally share such contributions on a percentage of payroll basis;
provided that no member shall be required to contribute more than 4.5% of basic
compensation unless the City and union agree to a greater participant contribution.
Section 35.095(A)(4) of the Code of Ordinances provides that bargaining unit
employees shall not be required to contribute to the pension plan.
This modification to Section 35.095(A)(4) allows the NCF&O employees to
contribute to the pension plan in accordance with the collective bargaining
agreement.
If this modification to Section 35.095 meets with your approval please place it on
the May 21, 2002 City Commission agenda. Please call if you have any
questions.
Attachment
CC:
Barbara Garito, City Clerk
Joe Safford, Finance Director
Ned Gusty, Human Resources Director
ORDINANCE NO. 17-02
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35,
"EMPLOYEE POLICIES AND BENEFITS", SUBHEADING
"RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH BY AMENDING SECTION 35.095,
"CONTRIBUTIONS OF PARTICIPANT AND CITY", SUBSECTION
35.095(A), "PARTICIPANT'S CONTRIBUTION ACCOUNT", TO
PROVIDE FOR CHANGES TO CERTAIN PARTICIPANT
CONTRIBUTIONS; PROVIDING A GENERAL REPEALER CLAUSE,
A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach desires to clarify
the contributions of NCF&O employees in accordance with the collective bargaining
agreement.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH AS FOLLOWS:
.Section 1. That Chapter 35, "Employee Policies and Benefits", subheading,
"Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby
amended by amending Section 35.095, "Contributions of Participant and City",
Subsection 35.095(A), "Participants contribution account" to read as follows:
Section 35.095 CONTRIBUTIONS OF PARTICIPANT AND CITY.
(A) Participant's contribution account.
(1) For the purpose of this section "PARTICIPANT'S
CONTRIBUTION ACCOUNT" will consist of tax deferred participant contributions.
Effective the first pay period beginning on or after October 1, 1989, employee
contributions will be picked up by the city and shall be treated as employer contributions
for tax purposes. However, for all purposes of determining benefits under the plan, they
will be considered participant contributions.
(2) Each participant will contribute toward the cost of the plan an
amount equal to three percent (3%) of the first $4,800 of his basic annual compensation,
and six percent (6%) of basic annual compensation in excess of $4,800 until the
beginning of the fu'st pay period after September 25, 1984. Beginning with the first pay
period after September 25, 1984, each participant will contribute toward the cost of the
plan an amount equal to six percent (6%) of basic compensation. Effective as of the first
pay period beginning on or after October 1, 1989, participant contributions will be equal
to four and one-half percent (4.5%) of basic compensation on a tax-deferred basis.
Beginning with the first pay period after September 1, 1999, participants shall not be
Ord. No. 17-02
required to contribute to the plan, except those participants described in paragraph (4) of
this Section·
(3) Anything in the plan to the contrary notwithstanding, the total
benefits payable under the plan to, or with respect to, a participant shall not be less than
the benefits that can be provided by the participant's contributions, and further provided,
if a participant, who is terminated, elects to withdraw participant contributions, the
participant will be entitled to the remm of participant contributions with interest, in lieu
of all other benefits payable under the plan. Effective September 1, 1999, if a participant
has ten (10) or more years of credited service under the plan a non-compounded simple
interest rate of five (5%) percent per year shall be applied to the principal balance of the
participant's contribution as accrued on December 31 of each year. Effective September
1, 1999, if a participant has less than ten (10) years of credited service under the plan a
non-compounded simple interest rate of three (3%) percent shall be applied to the
principal balance of the participant's contribution as accrued on December 31 of each
year. Participant contributions cannot be withdrawn while a participant remains in the
employ of the city or after the payment of benefits under the plan has commenced.
(4) Applicability to Bargaining Unit Employees. Participants who are
members of the bargaining unit represented by the National Conference of Firemen &
Oilers shall not be required to contribute to the plan unless a written actuarial valuation
indicates that contributions are required to properly fund the plan in an actuarially sound
manner. If an actuary selected by the Retirement Committee determines that additional
contributions are required to properly fund the plan, the City and bargaining unit
members shall equally share such contributions on a percentage of payroll basis; provided
that no member shall be required to contribute more than four and one-half percent
(4.5%) of basic compensation unless the City and union agree to a greater participant
tly ~ ^*
contribution. '-o~ ^~' ~ *' .... :~; ..... ;' v&,/ch cu~en ha~ .... entered into ,. collective
execution
Section 2. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid·
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and
the same are hereby repealed.
Ord. No. 17-02
Section 5. That this ordinance shall become effective immediately upon its
passage on second and final reading.
the
PASSED AND ADOPTED in regular session on second and final reading on this
~ day of ,200
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
Ord. No. 17-02